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HomeMy WebLinkAbout3.a. Resolution Authorizing the Granting of Regulatory Flexibility to Local Businesses EXECUTIVE SUMMARY Special City Council Meeting: May 28, 2020 AGENDA ITEM: Resolution Authorizing the Granting of Regulatory Flexibility to Local Businesses AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 3.a. ATTACHMENTS: Resolution, Checklist, DEED Guidance APPROVED BY: LJM RECOMMENDED ACTION: Adopt Resolution Authorizing the Granting of Regulatory Flexibility to Local Businesses BACKGROUND In order to provide flexibility to local restaurants operating under the Governors orders to address COVID 19, staff is recommending the City Council approval of the attached resolution. The City Attorney has provided the resolution which has been modified to reflect appropriate Rosemount information. The resolution provides for several flexibility aspects for local businesses. • The resolution permits flexibility from site plan regulations to permit expansion of outdoor patio space. • The resolution allows expansion of patio space to include liquor. • The resolution allows for expansions without processing normal site plan or liquor license amendments; the approvals can be conducted administratively. • The resolution permits the City Administrator or his designees to approve the expansion requests. Staff has been monitoring the Governor’s directives relating to business operations under the COVID 19 response. Starting June 2, 2020, restaurants will be able to have outdoor seating and service up to 50 patrons with tables up to 4 people (6 if family members) and six feet apart. The service can also include liquor if approved by the local regulating agency. Staff has been providing information to local businesses and most recently has been emailing requirements out to restaurants. With the assistance of the City Attorney, we have devised a checklist (attached) that we will send to restaurants with the hope that they can apply as soon as possible so they can take the opportunity to open next week, should they so choose. The resolution allows staff to review the request and administratively approve the outdoor patio expansion. We anticipate that, given social distancing standards, patios will be expanded into parking lots and adjoining open space. Staff also anticipates that most of the businesses will request both food and liquor service in the extended patio. Staff will be evaluating site plans for compliance with liquor rules and site plan design to promote safety. Primarily that involves placement of outdoor patios to not cause conflicts with drivers. Staff has received interest from several local businesses and expect more 2 information before Council action on Thursday. It is anticipated that approved expansion areas would be permitted until November 30, 2020. RECOMMENDATION Staff recommends approval of the resolution. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2020- 68 RESOLUTION AUTHORIZING THE GRANTING OF REGULATORY FLEXIBILITY TO LOCAL BUSINESSES. WHEREAS, the President of the United States and the Governor of the State of Minnesota have declared states of emergency as a result of the spread of COVID-19; WHEREAS, on March 17, 2020, the Mayor of the City of Rosemount issued a declaration of local emergency and on March 17, 2020, the City Council acted by resolution to extend the local emergency declaration; WHEREAS, the City Council recognizes this emergency has had a devastating effect on local businesses required to close pursuant to the Governor’s orders, particularly restaurants and other businesses that were the last to be allowed to reopen; WHEREAS, businesses are required to have a plan in place to safely reopen to the public that reflects social distancing requirements and complies with limits imposed on the number of customers that may be served at one time; WHEREAS, the Governor’s office has encouraged local governments to be creative in working with businesses as they reopen, particularly restaurants who are initially limited to outdoor service only; WHEREAS, in order to support the continued viability of local businesses, maximize the number of customers allowed to access businesses in light of the state’s operating restrictions, and to exercise the creativity encouraged by the Governor’s office, the City Council determines it is in the best interests of the City to allow the granting of regulatory flexibility as part of an approved plan submitted by each business seeking such flexibility; WHEREAS, it is not practical under the circumstances of this emergency to require businesses to pursue what can be a several month process to seek amendments and other approvals to obtain the flexibility they need now to safely reopen their businesses; and WHEREAS, delegating authority to the City Administrator (for purposes of this Resolution, City Administrator also means his applicable designees) to grant flexibility to local regulations as part of a plan a business submits to the City Administrator for approval is the only workable solution for expeditiously providing the assistance local businesses need as they start to reopen and put their employees back to work. 2 NOW, THEREFORE, BE IT RESOLVED, by the Rosemount City Council as follows: 1. The City Administrator is hereby delegated the authority to grant, on behalf of the City, flexibility in City regulations as the City Administrator determines is appropriate to support the operations of local businesses as they reopen to the customers and resume operations under the limitations imposed by the Governor’s emergency orders. Regulatory flexibility may only be granted as part of a written plan the City Administrator approves for a particular business entity. 2. For the purposes of this Resolution, the “regulatory flexibility” the City Administrator is authorized to grant includes, but is not limited to, the following: (a) Allow the expansion of the licensed “premises” of a business holding an on-sale liquor license to allow the service and consumption of alcohol in an expanded area identified in the approved plan; (b) Allow the expansion of existing business operations without requiring amendments to existing zoning approvals or new zoning approvals; (c) Allow a business to use adjacent City property for customer seating, the display of its products for sale, or for other similar uses upon entering into a license agreement with the City; and (d) Such other flexibility in the City’s regulations and the enforcement of those regulations as the City Administrator determines is appropriate under the particular circumstances of the business to reasonably allow it to conduct its business in a manner that maximizes its operations while complying with its plan, the Governor’s emergency orders, and applicable guidelines. 3. The City Administrator has the discretion to deny any request for regulatory flexibility. If approved, the City Administrator shall place such conditions on the approval as the City Administrator determines are reasonable under the circumstances. The City Administrator is authorized to issue written approvals of regulatory flexibility to execute license agreements on the City’s behalf. The City Administrator may immediately repeal any approved regulatory flexibility if the City Administrator determines the business violated the scope of the regulatory flexibility, any conditions placed on the granted flexibility, or the expanded business operations interfere with public safety or unreasonably obstructs the use of public property. 4. The regulatory flexibility allowed under this Resolution is intended to temporarily allow a business to overcome local regulatory hurdles that interfere with its efforts to implement its plans to reopen and operate in accordance with social distancing and other federal and state safety requirements. This Resolution, and regulatory flexibility granted hereunder, does not exempt a business from: (a) Complying with all applicable federal and state laws, rules, regulations, and emergency orders; (b) Fully implementing its COVID-19 Preparedness Plan; 3 (c) Complying with local regulations not directly related to the regulatory flexibility granted in the plan approved by the City Administrator; or (d) Immediately returning to full compliance with all applicable local regulations upon the expiration or termination of the regulatory flexibility. 5. The authority delegated herein to the City Administrator shall take effect immediately and shall continue through October 31, 2020. ADOPTED this 28th day of May, 2020, by the City Council of the City of Rosemount. ________________________________ William Droste, Mayor ATTEST: _______________________________ Erin Fasbender, City Clerk CITY OF Rosemount TEMPORARY CHECKLIST ITEMS NEEDED BY BARS AND RESTAURANTS TO OPEN JUNE 1ST FOR OUTDOOR SEATING 1. Letter or email from Business indicating intent or desire to open outdoor seating service area and sufficient details to understand what is being proposed. 2. Have a COVID-19 Business Preparedness Plan (consistent with State regulations) on the premises. The City does not need to review individual plans. 3. Provide proof or verification of ability to use property, if not the current property owner. 4. Provide a map showing the perimeter of the proposed Outdoor Seating area; indication of type of fencing to be used. Show ingress and egress to seating area. 5. Indicate whether portable picnic tables or other type of seating is being provided and locations; also indicate whether umbrellas, tents, canopies, awnings, etc. are being provided to temporarily cover seating for patrons. Use of tents, canopies, or awnings must meet building code requirements. 6. If expanding liquor, verification that the outdoor seating area is “compact and contiguous” to the main building structure. 7. If the restaurant/bar currently does not have an outdoor patio as part of their liquor license premises, establishments must provide the City with proof that the liquor liability insurance covers alcohol sales in any expanded outdoor spaces (i.e. updated Certificate of Insurance needs to be provided to cover Premises Extension). 8. Access to restroom facilities or portable restroom(s) are provided. (can use restrooms inside restaurant) 9. Appropriate refuse container(s) are provided. 10. Final approval of Regulatory Flexibility Authorization form by City prior to opening outdoor seating area. SUBMISSION OF ITEMS or QUESTIONS TO: Economic Development Coordinator 2875 145th Street W. Rosemount, MN 55068 Email- eric.vanoss@ci.rosemount.mn.us Telephone – 612-2480797 1 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist INDUSTRY GUIDANCE FOR SAFELY REOPENING: RESTAURANTS & BARS EMPLOYER PREPAREDNESS PLAN REQUIREMENTS CHECKLIST Businesses and employers providing food and beverages for outside on-site consumption (such as bars, restaurants, bakeries, grocery stores and convenience stores) must develop and implement a COVID-19 Business Preparedness Plan that addresses the following components. Businesses must ensure the Plan is evaluated, monitored, executed, and updated under the supervision of a designated Plan Administrator. Employers must ensure the Plan is posted at all of the business’s workplaces in readily accessible locations that will allow for the Plan to be readily reviewed by all workers, as required. KEY REQUIREMENTS: ➤Develop and implement a COVID-19 Preparedness Plan ➤Open for outdoor dining or curbside pickup/delivery only ➤Ensure at least 6 feet of distance with maximum on- premises capacity to no more than 50 persons ➤Limit table service to 4 persons, or 6 if part of one family unit ➤Require reservations; do not allow walk-in customers ➤Require masks or face shields to be worn be workers and strongly recommend masks for all customers ➤Establish regular disinfection routine and train workers WORKER PROTECTIONS AND PROTOCOLS FOR ALL WORKPLACES Ensure sick workers stay home 1. Establish health screening protocols for workers at the start of each shift (e.g. health screening survey, taking temperature). See the Minnesota Department of Health (MDH)’s Visitor and Employee Health Screening Checklist (www.health.state. mn.us/diseases/coronavirus/facilityhlthscreen.pdf). The checklist is also available in Hmong, Somali, and Spanish (www.health.state.mn.us/diseases/ coronavirus/businesses.html). 2. Workers with COVID-19 symptoms should be sent home immediately. If they cannot be sent home immediately, isolate in a closed room until they can be sent home. Workers who have been in close contact with a household member with COVID should not be at work until their quarantine period is finished. 3. Establish communication protocols and steps to take when workers have been exposed to COVID-19 in the workplace. 4. Designate an individual to maintain communication with and gather information from workers who may be ill, as to ensure the privacy of workers is maintained. 5. Establish worker sickness reporting protocols. 6. Establish protocols for workers to return to work, and follow MDH Guidance (www.health.state.mn.us/ diseases/coronavirus/returntowork.pdf). 7. Establish a process to identify contact between infected workers and other workers who may have been exposed. (CDC Interim Guidance for Businesses and Employers Responding to Coronavirus Disease May 20, 2020 2 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist 2019 (COVID-19), May 2020 (www.cdc.gov/ coronavirus/2019-ncov/community/guidance-business- response.html). 8. Evaluate and adjust sick leave policies to reflect the need for isolation and incentivize workers who are sick to stay home. 9. Provide accommodations for “high risk” and vulnerable populations. See CDC’s People Who are at Higher Risk for Severe Illness (www.cdc.gov/ coronavirus/2019-ncov/need-extra-precautions/ people-at-higher-risk.html). Vulnerable workers should be encouraged to self-identify, and employers should avoid making unnecessary medical inquiries. Employers should take particular care to reduce these workers’ risk of exposure. 10. Clearly communicate sick leave policies to all workers. Social distancing – Workers must be at least six-feet apart 1. Maximize remote-working – Workers who are able to work from home must work from home. 2. Stagger shifts and breaks; Extend work-hours and create additional shifts to reduce number of workers per shift. 3. Evaluate traffic patterns and “choke points” to reduce crowding at entrances, in hallways, elevators, waiting areas, break areas, common areas to maintain 6’ of physical distancing. 4. Limit collective gatherings of workers to 10 people or less to maintain 6’ of physical distancing. 5. Limit the number of people in restrooms to maintain 6’ feet of physical distancing. 6. Ensure 6’ of physical distancing in work areas, including at workstations, productions lines, break rooms, meeting rooms, waiting rooms, lobbies, etc. 7. Limit worker interaction across floors, buildings, campuses, worksites, etc. 8. Increase physical space between workers and other workers, customers and clients through the use of partitions and barriers of sufficient dimension and appropriate material, e.g. Plexiglass or taut heavy plastic curtains stretched and secured, as necessary, to protect workers. Worker hygiene and source controls 1. Ensure workers regularly wash their hands. Ensure handwashing and/or hand-sanitizer facilities are readily available and appropriately stocked. 2. Provide protective equipment and supplies, such as source control face coverings, face-shields, gloves, hand-sanitizer, disinfectants and provide training when required and on proper use. 3. Require the use of source control face coverings (e.g. cloth face coverings). 4. Post “hand-washing” and “cover your cough” signs. 5. Doors to multi-stall restrooms should be able to be opened and closed without touching the handles, opening-devices, or powered door-operators with the hand, whenever possible. If the door cannot be opened without touching the handle or door-operator with the hand, the business must ensure a trash-receptacle is placed by the door to ensure a paper towel can be readily disposed of when operating the door. The location and positioning of waste-receptacles should not interfere with Life Safety requirements (e.g. egress, evacuation, emergency equipment) or any reasonable accommodations provided under the Americans with Disabilities Act. 6. Community drinking stations and water-fountains should not be available for use. Touchless water-filling stations may still be provided. 7. Food should not be shared communally. 8. Provide tissues for proper cough/sneeze etiquette and no-touch disposal bins. Workplace building and ventilation protocols General Building Conditions: Businesses must assess the status and capacities of the utility-systems within the building (e.g. ventilation, water-supply, sewer, gas), as well as potential issues associated with vermin, molds, and mildew, prior to putting the building into an operational status. 1. Follow established protocols for starting mechanical, electrical, plumbing, life-safety, and other systems after non-use according to the Authorities Having Jurisdiction. 2. Assess the building for indications of pest and vermin infestation, and consult a pest-control professional as appropriate. 3. See CDC’s Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation (www. cdc.gov/coronavirus/2019-ncov/php/building-water- system.html). 3 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist Ventilation System Start-up: Businesses must evaluate the operational capacity, and increase, improve, and maintain ventilation provided throughout the building. 1. Increase the outdoor air-percentage to increase dilution of contaminants, and eliminate recirculating, whenever possible, while maintaining indoor air- conditions. 2. For heating-ventilation-air-conditioning systems that recirculate air, businesses need to improve central- air filtration to at least the MERV-13 or the highest compatible with the filter rack (at least MERV-14 preferred), and seal the edges of filters to further limit by-pass around the filters. 3. Replace and upgrade air filters prior to re-occupancy. 4. Run systems on full economizer as outside air- conditions allow. 5. Consult an HVAC professional to ensure proper ventilation is maintained. Day-To-Day Operations: Once systems are in a safe operational status, businesses should ensure the following practices and protocols are maintained: 1. Continuously maximize fresh-air into the workplace, and eliminate air recirculation. 2. Maintain relative humidity levels of RH 40-60% 3. Keep systems running longer hours (24/7 if possible) to enhance the ability to filter contaminants out of the air. 4. Add a flush cycle to the controls of the HVAC system, and run HVAC systems for 2-hours before and after occupancy. 5. Check and rebalance the HVAC system to provide negative air-pressure whenever possible. 6. Supplement ventilation-system with the use of portable HEPA filter units whenever possible. 7. Minimize air-flow from blowing across people. 8. Consult an HVAC professional or the American Society of Heating, Refrigerating and Air-Conditioning Engineers to ensure proper ventilation is provided, and ventilation-systems are properly maintained. See ASHRAE’s COVID-19 Preparedness Resources (www. ashrae.org/technical-resources/resources). Workplace cleaning and disinfection protocols 1. Establish a documented sanitation schedule and checklist, identifying surfaces/equipment to be sanitized, the agent to be used, and the frequency at which sanitation occurs. 2. Routinely clean and disinfect all areas, such as offices, restrooms, locker and changing rooms, common areas, shared electronic equipment, machinery, tools, controls, etc. 3. Frequently clean all high-touch items, such as doorknobs, countertops, barriers, railings, handles, and other surfaces. 4. Electronic devices (e.g. light-switches, circuit-breakers) should not be sanitized with a liquid agent. Consider covering switches/devices with a poly-covering that allows the user to manipulate the device without touching the switch, and change out the poly-covering frequently. Electronic devices must be sanitized only when disconnected from the power-source, and sanitized in accordance with the listing/labeling requirements. 5. Personal equipment, tools and phones should not be shared or, if shared, should be disinfected after each use. 6. Implement immediate cleaning and disinfecting of the workplace if a worker, client or visitor becomes ill with COVID-19. See CDC’s Cleaning and Disinfecting Your Facility (www.cdc.gov/coronavirus/2019-ncov/ community/disinfecting-building-facility.html). 7. Select appropriate and ensure the needed supply of disinfectants – consider effectiveness and safety. The U.S. Environmental Protection Agency’s (EPA) List N has identified a list of products that meet EPA’s criteria for use against SARS-CoV-2. See EPA’s List N: Disinfectants for Use Against SARS-CoV-2 (www.epa. gov/pesticide-registration/list-n-disinfectants-use- against-sars-cov-2). 8. Review product labels and Safety Data Sheets, follow manufacturer specifications, and use required personal protective equipment for the product. 4 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist Drop-off, pick-up, and delivery practices and protocols 1. Receive deliveries via a contactless method whenever you can. 2. Businesses must provide for contactless deliveries that promote for delivery at a doorstep, where persons maintain a distance at least 6-feet away while verifying receipt of the delivery between the worker and the delivery person. Whenever possible, businesses should attempt to do everything electronically (e.g. app, phone) to eliminate the need for close contact between workers and delivery personnel. 3. Workers must maintain a distance 6-feet or greater from others during interactions while receiving or exchanging deliveries. 4. Workers must minimize the unnecessary exchanging or sharing of scanners, pens, or other tools with delivery personnel. Communications and training practices and protocol 1. All workers and members of management must be trained regarding COVID-19 exposure, as well as applicable policies, procedures, practices, and protocols. The training must be provided by and paid for by the business. The training must be provided in a manner and language that each employee can understand, and must be adjusted to reasonably accommodate all limiting factors present. See “OSHA’s Resource for Development and Delivery of Training to Workers” (osha.gov/ Publications/osha3824.pdf). See also Minnesota’s “Small Assemblies for Testing and Training” for guidance with facilitating training for employees while addressing COVID-19 implications (dli.mn.gov/sites/default/files/ pdf/COVID-19_training_facilities.pdf). 2. Businesses must ensure the COVID-19 Business Preparedness Plan is posted at all of the business’s workplaces in readily accessible locations, and is shared with and reviewed by all workers. 3. Businesses must ensure the necessary or required rules and practices are communicated to workers, and adequately enforce their provisions. 4. Workers must ensure they comply with and follow established rules and practices. 5. Communication to educate clients and customers about the steps being taken for their protection to mitigate the spread of COVID-19 is encouraged. Protective measures should be communicated to clients and customers prior to, and at the start of, the appointment or reservation to both educate customers and clients as well as inform them of their role in protecting the workers and other clients and customers. What clients and customers can do to minimize the transmission 1. Advise clients and customers to conduct a self-check of their body temperature the day of their appointment or reservation. 2. Limit the number of persons accompanying the client during appointment. 3. Post signage and develop messaging that if clients or customers do not feel well or have any symptoms compatible with COVID-19, they should stay home. They should also stay home if they have a household member experiencing symptoms compatible with COVID-19. Refer to CDC’s What to Do if You are Sick or Caring for Someone Who is Sick (www.cdc.gov/ coronavirus/2019-ncov/if-you-are-sick/index.html). 4. If customers or clients begin to feel unwell while in the workplace, they should leave immediately and isolate themselves at home. See CDC’s Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (www.cdc.gov/ coronavirus/2019-ncov/community/guidance-business- response.html). 5 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist 5. Have customers and clients review a screening survey that checks for COVID-19 symptoms, close contacts with confirmed cases and quarantined cases, and recent out of continent travel. The questions would be the same as those completed by workers. MDH’s Visitor and Employee Health Screening Checklist (www.health.state. mn.us/diseases/coronavirus/facilityhlthscreen.pdf). 6. Encourage customers and clients to regularly wash and/or sanitize their hands. 7. Limit the equipment, products, or items touched by the customer or client while in workplace. 8. Have customers and clients wear a face covering or mask, other than when outside, unless not recommended for health or physical ability reasons. Cloth face coverings are NOT a substitute for maintaining a physical distance of 6-feet from other people. Refer to CDC guidance on cloth face coverings (www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/diy-cloth-face-coverings.html). 9. Make sure each piece of equipment used is wiped down before and after each use by a customer or client, and dispose of the wipe accordingly. Additional protections for receiving or exchanging payment 1. Contactless payment should be used whenever possible. Utilize an electronic fund-transfer service or credit-card payment method that allows the client to fully initiate and complete the payment transaction remotely, or while separated from the worker. 2. When contactless payment is not possible, payment must be made in a manner that allows for at least 6-feet of distance between the worker and client or customer. 3. During check-in and check-out, the configuration at the payment stations, and the space between the worker and the customer/client must allow for physical distancing of at least 6-feet, or a physical barrier must be installed. 4. Install barriers of sufficient dimension and appropriate material, e.g. Plexiglass or taut heavy plastic curtains stretched and secured, as necessary, to protect worker at the check-in and check-out counter. Additional protections and protocol for managing occupancy 1. All indoor restaurant service remains closed. Outdoor seating only is allowed at this time. 2. Businesses must limit number of customers and clients necessary to allow for the required social distancing and not exceed required percentage of occupancy where required. ➤Number of customers at any one time is limited to the number for whom physical distancing of 6’ can be maintained between tables, not to exceed 50. ➤A limit of two customers may be seated together at the counter for service at any one time. ➤A limit of four customers may be seated together at a table at any one time, unless the customers are a household, then the limit is six customers. 3. Advertise business protocols so that current and potential clients are aware of changes. 4. Advise customer and clients of the added COVID-19 precautions that will be taken prior to arrival at the site. Use web-sites, social media, pre-appointment phone calls and confirmations, and other outlets to educate customers and clients on the steps being taken for their protection and the protection of workers. 5. Encourage customers and clients of “high risk” to postpone appointment or reservation. Persons who may be at higher risk for severe illness should consider delaying seeking or providing these services (See www.cdc.gov/coronavirus/2019-ncov/need-extra- precautions/people-at-higher-risk.html). 6. Post signage at the business entrance outlining established protocols. 7. Advise customers and clients to conduct a self-check of their body temperature on the day of their appointment. 8. Email or text a screening survey on the day of the appointment or reservation and/or post screening questions at the establishment. 9. Have customer and clients respond to the screening- survey questions upon arrival and check-in, and verify that they have read the screening-survey and can respond “no” to all questions. 10. Decline to provide services to a customer or client if there is any suspicion that they are sick or symptomatic, and advise them to leave the facility. Additional protocols to limit face-to-face interaction in settings where face-to-face interaction is part of the service 1. Workers are required to use a face covering and face shield when serving customers (www.cdc.gov/ coronavirus/2019-ncov/prevent-getting-sick/diy-cloth- face-coverings.html). 6 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist 2. Additional measures to control exposure may include: ➤Standing to the side or behind the customer as much as possible ➤Use work practices such as having the customers pass the food down the table or pass plates back to the server. 3. Customers are strongly encouraged to bring and wear face coverings at any time when not eating. Additional protections and protocol for distancing and barriers 1. Provide hand sanitizer at the entrance, point of purchase, and prominent locations for customers/ clients. 2. Check-out areas and other areas of congestion should be marked to provide for physical distancing of at least 6 feet, including floor markers for distance, lane lines and marking of adjacent areas where customers or clients may be waiting for business access. 3. Space, configuration and flow of the establishment should be evaluated to allow for physical distancing of 6-feet by all workers and customers/clients. 4. Post instructions for customers at entrances, and inform customers: ➤Not to enter if they are experiencing symptoms; ➤About the facility’s occupancy limits; ➤They are required to wear face-coverings, unless outside or not medically or physically possible; and ➤They are required to adhere to hygiene and social distancing instructions, signage and markings. Additional protections and protocosl specific to bars, restaurants and other retail food settings 1. Continue following MDH’s requirements for reporting food worker illness and exclusion. 2. Train and remind workers, using visual reminders, of required hand hygiene practices, including handwashing procedure and frequency, restricting bare hand contact with ready-to-eat food, proper glove use, and COVID-19 precautions when reopening establishments. 3. Recommended best practice: Plan worker schedules so that teams work together, when practical. For example, Aaden, Javier and Ann always work together, Hodan, Dawb and Peter always work together, but members of one team never work with another team. Scheduling in teams can help to reduce exposures within the staff. 4. Clean and sanitize food contact surfaces according to the Minnesota Food Code a. Follow the manufacturer’s label to ensure that appropriate products are used to sanitize food contact surfaces. Not all disinfectants are appropriate for food contact surface sanitizing. b. Clean and sanitize food contact surfaces, food preparation surfaces, and beverage equipment after each use. c. Follow the manufacturer’s instructions for all cleaning and disinfection products. For example, concentrations, application method, contact and drying time, and the use of personal protective equipment, and do not mix products together. d. Clean and disinfect reusable menus after each use. If using paper menus, discard them after each customer use. e. Recommended best practice: Consider providing cleaning and disinfection kits (sprays or buckets, hand sanitizers or other cleaning supplies) that are readily accessible throughout the establishment for areas that will be cleaned and disinfected frequently. 5. Do not allow guests to congregate in checkout and waiting areas, outside restrooms or in bars, maintain at a minimum 6’ of physical distancing. 6. Require appointments for services or reservations with call-ahead seating or online reservations to better space clients or customers and eliminate waiting. ➤All indoor restaurant service remains closed. Outdoor seating only is allowed at this time. ➤Number of customers at any one time is limited to the number for whom physical distancing of 6’ can be maintained between tables, not to exceed 50. ➤A limit of two customers may be seated together at the counter for service at any one time. ➤A limit of four customers may be seated together at a table at any one time, unless the customers are a household, then the limit is six customers. 7. Any barriers or partitions used should be of sufficient dimension and appropriate material, e.g. Plexiglass or taut heavy plastic curtains stretched and secured, as necessary, to create separation at counters, booths and tables to protect workers and customers. 7 BARS & RESTAURANTS | Minnesota Employer Preparedness Plan Requirements Checklist 8. Avoid utilizing wood, fabric or laminate as the primary materials for barriers. Barriers should take into account the tallest user, and the anticipated behavior of users within the partitioned area. Slots in barriers may be necessary for some transactions; these should be as small as possible and not compromise the breathing zone of users. Barriers should be fixed installations, where possible, to avoid tipping hazards, and must not impede emergency exit for staff or patrons or fire protection/sprinkler systems. 9. Require guests to be seated in bar areas. 10. Limit contact between wait workers and customers by assigning wait staff to areas and tables. 11. Instruct servers to take orders from behind the customer and remind customers to keep facing forward. 12. Remove high-touch self-service containers and items requiring frequent hand contact from use (e.g., condiments such as ketchup bottles and salt/pepper shakers, straws, napkin holders, etc.). Use single-use items when possible. 13. Use wrapped silverware and do not preset tables. 14. Use a fresh glass or cup for every refill and remove used glasses from the table or bars frequently. 15. Have customers box their own leftovers. 16. Close play areas, arcade rooms, playgrounds, etc. 17. Remove shared board games, cards and toys. 18. Position workstations so workers avoid standing directly opposite one another or next to each other. 19. Use communication boards or digital messaging to convey pre-shift meeting information rather than holding staff meetings. GENERAL FOOD SAFETY Businesses that have been closed or operating at a reduced capacity 1. Check expiration dates and discard all food items that are out of date or spoiled. 2. Verify that refrigeration and freezers are operating at the required temperatures. 3. Verify your warewashing machines are operating at the required wash and rinse temperatures and with the appropriate detergents and sanitizers. 4. Flush water lines, including equipment water lines and connections, according to the manufacturer’s instructions. 5. Clean and sanitize ice machines and ice bins. All businesses 1. Follow the requirements of the Minnesota Food Code. 2. Suspend self-service food or drink options, such as buffets, salad bars, and drink stations until further notice. 3. If providing a “grab and go” service, stock coolers to no more than minimum levels. 4. Ensure handwashing sinks are accessible and fully stocked with soap, paper towels, handwashing sign, and trash bins. 5. Ensure the person in charge is a Certified Food Protection Manager (CFPM) and that their certification is up to date. 6. Provide food handler training to refresh employees. Appendix A – Guidance for developing an Employer Preparedness Plan General Centers for Disease Controal and Prevention (CDC): Coronavirus (COVID-19) – cdc.gov/coronavirus/2019-nCoV Minnesota Department of Health (MDH): Coronavirus – health.state.mn.us/diseases/coronavirus State of Minnesota: COVID-19 response – mn.gov/covid19 U.S. Food & Drug Administration – www.fda.gov/food/food-safety-during- emergencies/best-practices-retail-food-stores-restaurants-and-food-pick- updelivery-services-during-covid-19 American Institute of Architects (AIA) Re-occupancy Assessment Tool – www.aia. org/resources/6292441-re-occupancy-assessment-tool?editing=true ASHRAE- COVID-19 Preparedness Resources – www.ashrae.org/technical- resources/resources Businesses CDC: Resources for businesses and employers – cdc.gov/coronavirus/ 2019-ncov/community/organizations/businesses-employers.html CDC: General business frequently asked questions – cdc.gov/coronavirus/2019- ncov/community/general-business-faq.html CDC: Building/business ventilation – cdc.gov/coronavirus/2019-ncov/community/ guidance-business-response.html MDH: Businesses and employers: COVID-19 – health.state.mn.us/diseases/ coronavirus/businesses.html MDH: Health screening checklist – health.state.mn.us/diseases/coronavirus/ facilityhlthscreen.pdf MDH: Materials for businesses and employers – health.state.mn.us/diseases/ coronavirus/materials Minnesota Department of Employment and Economic Development (DEED): COVID-19 information and resources – mn.gov/deed/newscenter/covid/ Minnesota Department of Labor and Industry (DLI): Updates related to COVID-19 – dli.mn.gov/updates Federal OSHA – osha.gov AIHA Back to Work Safely – www.backtoworksafely.org Handwashing MDH: Handwashing video translated into multiple languages – youtube.com/ watch?v=LdQuPGVcceg Respiratory etiquette: Cover your cough or sneeze CDC: cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html CDC: cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html MDH: health.state.mn.us/diseases/coronavirus/prevention.html Social distancing CDC: cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html MDH: health.state.mn.us/diseases/coronavirus/businesses.html American Institute of Architects Minnesota (AIA): Opportunities related to utilizing streets for purposes of outdoor dining, and case study with layouts specific to an area of the City of Robbinsdale (RoehrSchmitt Architecture LLC) – www.aia-mn.org American Institute of Architects Minnesota (AIA): Pre-COVID-19 restaurant and bar design and reworked layout providing for required social distancing for customers and workers. (Cuningham Group Architecture Inc.) – www.aia-mn.org Housekeeping CDC: cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html CDC: cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html CDC: cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning- disinfection.html Environmental Protection Agency (EPA) – epa.gov/pesticide-registration/list-n- disinfectants-use-against-sars-cov-2 Employees exhibiting signs and symptoms of COVID-19 CDC: cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html MDH: health.state.mn.us/diseases/coronavirus/basics.html MDH: health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf MDH: health.state.mn.us/diseases/coronavirus/returntowork.pdf State of Minnesota – mn.gov/covid19/for-minnesotans/if-sick/get-tested/index.jsp Training CDC: cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html Federal OSHA: osha.gov/Publications/OSHA3990.pdf MDH: health.state.mn.us/diseases/coronavirus/about.pdfparticipants Food service employee health and hygiene Visitor and Employee Health Screening Checklist (MDH) (health.state.mn.us/ diseases/coronavirus/facilityhlthscreen.pdf) COVID-19 and When to Return to Work (MDH) (health.state.mn.us/diseases/ coronavirus/returntowork.pdf). Illness Reporting for Food Establishments (MDH) (health.state.mn.us/people/ foodsafety/dwi/empillfs.pdf) Use of Cloth Face Coverings to Help Slow the Spread of COVID-19 (CDC) (cdc.gov/ coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html). MN Symptom Screener (mnsymptomscreener.minnesotasafetycouncil.org) ServSafe COVID-19 Precautions and Reopening Training Videos – event.on24.com/wcc/r/2233534/A98A8B947B30A6BD86CD597DD3255F4E/ 869294?partnerref=WebSS Food establishment reopening guidance Considerations for Restaurants and Bars (CDC) – www.cdc.gov/coronavirus/2019- ncov/community/organizations/business-employers/bars-restaurants.html Best Practices for Re-Opening Retail Food Establishments During the COVID-19 Pandemic – Food Safety Checklist (FDA) (fda.gov/media/137867/download?utm_ campaign=FoodCOVID_Reopening_05082020&utm_medium=email&utm_ source=Eloqua) Best Practices for Re-Opening Retail Food Establishments During the COVID-19 Pandemic Infographic (FDA) (fda.gov/media/137868/download) National Restaurant Association Reopening & Recovery Guidance (restaurant.org/ Manage-My-Restaurant/Business-Operations/Covid19/Recovery) Best Practices for Retail Food Stores, Restaurants, and Food Pick-up/Delivery Services During the COVID-19 Pandemic (FDA) (fda.gov/food/food-safety-during- emergencies/food-safety-and-coronavirus-disease-2019-covid-19) Minnesota Food Code, MN Rules 4626 (revisor.mn.gov/rules/4626/). Cleaning, Disinfecting and Sanitizing List N: Disinfectants for Use Against SARS CoV-2 (EPA) (epa.gov/pesticide- registration/list-n-disinfectants-use-against-sars-cov-2) Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes (CDC) (cdc.gov/coronavirus/2019-ncov/ community/reopen-guidance.html) Cleaning and Sanitizing (MDH) (health.state.mn.us/communities/environment/ food/docs/fs/cleansanfs.pdf) mn.gov/deed/guidance This document incorporates recommendations from Hospitality Minnesota and the American Institute of Architects-Minnesota and the State of Minnesota appreciates their thoughtful contributions to ensuring a safe environment for workers and customers.