MONO COUNTY HEALTH DEPARTMENT - Mono County Web Apps
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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
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