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
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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.
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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.
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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;
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(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
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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
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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).
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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.
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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).
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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).
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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.