MONO COUNTY HEALTH DEPARTMENT - Mono County Web Apps

Page created by Brian Carrillo
 
CONTINUE READING
MONO COUNTY HEALTH DEPARTMENT
                                                       P.O. BOX 3329, MAMMOTH LAKES, CA 93546
                                                                         PHONE (760) 924-1830
                                                                            FAX (760) 924-1831

                 ORDER OF THE HEALTH OFFICER
           (Immediate Closure of Tiger Bar in June Lake)
       WHEREAS, Executive Order N-33-20 issued by the Governor of the State of
California on March 19, 2020 (EO N-33-20), and a corresponding Order of the State Health
Officer of the same date (“Stay-at-Home Order”), directed all persons in the State of
California to stay at home or in their place of residence in order to reduce the transmission
of COVID-19, with limited exceptions for those persons needed to maintain the continuity
of operations of critical infrastructure; and
         WHEREAS, on May 7, 2020, the State Health Officer delineated California’s path
forward from the Stay-at-Home Order through California’s Resilience Roadmap
(“Roadmap”). The Roadmap identifies four stages of pandemic recovery: safety and
preparation (Stage 1); reopening of lower-risk workplaces and other spaces, subject to
restrictions (Stage 2); reopening of higher-risk workplaces and other spaces, subject to
restrictions (Stage 3); and a removal of restrictions culminating in the end of the Stay-at-
Home Order (Stage 4); and
        WHEREAS, Mono County is currently in partial Stage 3 of the Roadmap pursuant
to a variance issued by the California Department of Public Health which allows in-person
dining and bars to operate, provided they follow applicable State, federal and local health
orders; and
       WHEREAS, the Stay-at-Home Order and Roadmap require all reopened
businesses to adhere to guidelines issued by the State Public Health Officer and California
Department of Public Health (CDPH) and applicable federal and local requirements. These
include, but are not limited to: CDPH’s “COVID-19 Industry Guidance: Restaurants, Bars,
and Wineries”; CDPH’s “Guidance for the Use of Face Coverings”; and Mono County’s
“Interim Guidelines for Businesses During the COVID-19 Pandemic” (collectively
“Guidelines”); and
       WHEREAS, all restaurants and bars in Mono County, including the Tiger Bar,
were authorized to reopen in compliance with the Guidelines. Upon reopening, the Tiger
Bar did not effectively implement compliance with the Guidelines to ensure social
distancing, the use of face coverings by employees, appropriate signage, or sanitation and
is therefore in violation of State and local requirements. The relevant facts are as follows:
       1. On May 25, 2020, the Tiger Bar self-attested through the County of Mono’s
          business portal (“Portal”) that it would reopen in accordance with all applicable
          State, federal and local requirements applicable to the operation of businesses
          generally, and restaurants specifically. By registering on the Portal, the Tiger
          Bar certified that it read and will implement and comply with all State, local
          and federal guidance (all of which is provided through the Portal).

       2. Between May 25 and June 8, 2020, Mono County received multiple separate
          complaints from members of the public concerning noncompliance by the Tiger
          Bar with State and local requirements regarding the wearing of face coverings
          and social distancing on the premises.

       3. On June 8, 2020, Louis Molina, Mono County Environmental Health Manager
          (“Molina”), visited the Tiger Bar and noted that the cook was not wearing a
          mask. This violates a Mono County Public Health Officer Order issued April
          30, 2020, which provides that “Employees at restaurants and other
          establishments providing for on-site food consumption . . . shall wear face
          coverings.” Molina also noted that customers at the bar were not socially
          distanced. He advised on-site staff of the violations, issued a written report
          noting the violations, and was told by the bartender that the establishment would
          thereafter comply.

       4. On June 9, 2020, Mono County received a complaint that condiments were
          located on patron tables at the Tiger Bar in violation of CDPH’s “COVID-19
          Industry Guidance: Restaurants, Bars, and Wineries”, which is applicable to the
          Tiger Bar. Molina contacted Jill Wallentine, manager of the Tiger Bar, by phone
          on June 10, 2020. Ms. Wallentine orally agreed to remove all condiments from
          tables.

       5. June 13, 2020, Ms. Wallentine left a voice message for Molina stating that she
          and her staff were having difficulties wearing face coverings and would not be
          wearing them. The message additionally stated that she would post signs for
          customers indicating that anyone who has a problem with her staff not wearing
          face coverings should go somewhere else.

       6. On June 15, 2020, Molina called Ms. Wallentine regarding her message.
          Molina told Ms. Wallentine that the Tiger Bar must comply with health and
          safety guidance related to COVID-19, including face covering mandates and
          social distancing. He informed her that the County would pursue further legal
          action if the Tiger Bar did not comply.

                                         Page 2 of 5
7. On the June 15, 2020, phone call Molina asked Ms. Wallentine if she would
          like him to send her the State and local guidance applicable to the Tiger Bar.
          Ms. Wallentine stated that she did not need it, as she had already accessed it
          through the State’s and County’s websites and knew the requirements. The
          business reopening attestation on Mono County’s Business Portal and
          completed by the Tiger Bar lists Ms. Wallentine as the person in charge of
          implementing compliance. She told Molina on the call that the Tiger Bar would
          comply with applicable requirements, including face coverings and social
          distancing.

       8. On June 24, 2020, Mono County received a complaint that the bar area of the
          Tiger Bar was crowded with patrons who were not socially-distanced and were
          not wearing masks. The complainant reported that the manager was circulating
          among and hugging customers in the bar and was not wearing a mask.

       9. On June 26, 2020, County of Mono Public Health Officer Dr. Tom Boo, M.D.,
          visited the Tiger Bar and observed a lack of required signage regarding face
          coverings and social distancing; patrons sitting at and gathering around the bar
          without adequate distance or barriers between each other and staff; the
          bartender wearing her mask around her neck or dangling from one ear and
          conversing loudly with bar patrons who were not socially-distanced; two other
          staff persons in the dining area with masks not covering their noses; what
          appeared to be clean napkins and cutlery ready for use on a large table near the
          door at which a patron was eating “to go” food; and a person, possibly a
          customer or the manager, behind the bar talking with the bartender while neither
          was appropriately wearing a face covering.

Despite Mono County’s repeated efforts to educate and enforce Health Officer Orders and
State requirements for COVID-19, the Tiger Bar’s failure to safely operate in-person dining
and bar activities on its premises is an imminent health and safety risk and an imminent
health hazard for its employees and the public.
NOW, THEREFORE, under the authority of California Health and Safety Code sections
101040, 101085, 120175 and 120175.5 and Title 17 California Code of Regulations,
Section 2501, the Mono County Health Officer HEREBY ORDERS as follows:
1. The Tiger Bar restaurant located at 2620 Highway 158, in June Lake, Mono
   County, California is hereby closed.

2. In order to reopen to the public, the owner/operator shall submit to the Mono County
   Environmental Health Manager a copy of the Tiger Bar’s worksite-specific operations
   plan, together with a signed commitment to comply with that plan and all applicable

                                            3
State and local requirements for the safe operation of a bar/restaurant. The Public
    Health Officer may rescind this Order if it can be shown that State and local
    requirements for social distancing, face coverings, signage, sanitation and other
    applicable requirements will be followed at the Tiger Bar.

3. Violation of this Order is subject to fine, imprisonment, or both. (California Health
   and Safety Code section 120295). Notification regarding the issuance of this Order
   will be sent to California’s Department of Alcoholic Beverages Control.

4. This Order may be enforced by the Mono County Sheriff pursuant to Government
   Code sections 26602 and 41601 and Health and Safety Code section 101029.

                                   General Provisions

    1. This Order is issued based on evidence of transmission of COVID-19, scientific
evidence regarding the most effective approach to slow transmission of communicable
diseases generally and COVID-19 specifically, as well as best practices as currently known
and available to protect the public from the risk of spread of or exposure to COVID-19.

    2. This Order is intended to reduce the likelihood of exposure to COVID-19, by
incorporating and referencing Guidelines approved by the State of California, thereby
slowing the spread of COVID-19.

    3. This Order is issued in accordance with, and incorporates by reference, the: March
4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March
15, 2020 Declaration of Local Health Emergency based on an imminent and proximate
threat to public health from the introduction of novel COVID-19 in Mono County; the
March 17, 2020 Resolution of the Board of Supervisors of the County of Mono proclaiming
the existence of a Local Emergency in the County of Mono regarding COVID-19 and
ratifying and extending the Declaration of Local Health Emergency due to COVID-19;
Governor Newsom’s Executive Order N-33-20 of March 19, 2020 ordering all persons to
stay at home, except as otherwise authorized, to protect the health and well-being of all
Californians and to establish consistency across the state in order to slow the spread of
COVID-19; the State of California’s Resilience Roadmap, and all Guidance related thereto;
CDPH’s “COVID-19 Industry Guidance: Restaurants, Bars, and Wineries”; Mono
County’s “Interim Guidelines for Businesses During the COVID-19 Pandemic”; “Mono
County Health Officer Order Requiring the Wearing of Face Coverings” issued April 30,
2020; the Mono County Business Portal at https://webapps.mono.ca.gov/covid19-
business-reopening/; and the June 11, 2020 Mono County Health Officer Order Requiring
Compliance with Business Guidelines.”

    4. This Order is made in accordance with all applicable State and Federal laws,
including but not limited to: Health and Safety Code sections 101030, et seq.; Health and

                                       Page 4 of 5
Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations
section 2501.

    5. This Order is made because of the propensity of the virus to spread person-to-
person and also because the virus is causing physical property loss or damage due to its
proclivity to attach to surfaces for prolonged periods of time.

   6. Copies of this Order shall be promptly posted on the County of Mono’s Public
Health Department’s website (monohealth.com) and on the outside of the Tiger Bar. This
Order shall additionally be provided to any member of the public upon request.

   IT IS SO ORDERED:

   _____________________________________                      June 27, 2020
                                                          Date___________________
   Thomas Boo, MD
   Local Health Officer
   For Mono County
   and the Town of Mammoth Lakes

                                           5
You can also read