HomeMy WebLinkAboutCouncil Presentation 07/14/2020-PPT 20200714 Actions Taken re. COVID-19 OrdersActions Related to COVID-19 Orders
July 14, 2020
Presentation Overview
•Town’s Goals and Objectives re: Education & Enforcement
•Overview of Governor Ducey’s Orders and Associated Guidance
•Town’s Education/Enforcement Protocol
•Summary of Actions Taken by Town to Date
•Possible Additional Enforcement Actions
Town’s Goals and Objectives
•Protect the Community/Slow the Spread of COVID-19
•Educate Businesses and Citizens Regarding the Requirements
•Treat Businesses Fairly and Consistently
•Comply with Governor Ducey’s Orders
Governor Ducey’s Executive Order 2020-40
•June 17, 2020 Executive Order 2020-40: Containing the
Spread of COVID-19 –Continuing Arizona Mitigation Efforts
–All businesses must enforce physical distancing & sanitation
requirements & face coverings for employees, when feasible
–Enforcement by law enforcement & regulatory agencies
•Focus first on educating and promoting best practices
•Provide notice of the order and associated guidance & give opportunity to
comply
Governor Ducey’s Executive Order 2020-43
•June 29, 2020 EO 2020-43 Pausing of Arizona’s Reopening –Slowing the Spread of COVID-19
–Prohibits most organized events of >50 people
–Public pools shall prohibit groups larger than 10 people from congregating
–Effective at 8:00 PM on 6/29/20, the following must pause operations until 7/27/20:
•Bars, meaning any entity holding a series 6 (bar) or series 7 (beer & wine bar) liquor license and whose primary business is the sale or dispensing of alcoholic beverages
–Bars may continue serving through pick up, delivery and drive through
–DLLC issued guidance 6/30/20
•Indoor gyms and fitness clubs or centers
•Indoor movie theaters
•Water parks and tubing operators
Governor Ducey’s Executive Order 2020-43
•June 29, 2020 EO 2020-43 Pausing of Arizona’s Reopening –
Slowing the Spread of COVID-19 (cont.)
–Enforcement
•Law enforcement & any regulatory agency authorized to take immediate
enforcement action against any business
•Includes summary suspension for any license that the business holds
Governor Ducey’s Executive Order 2020-47
•July 9, 2020 EO 2020-47 Reducing the Risk, Slowing the Spread
–Limiting Indoor Dining
–Requires all restaurants with indoor seating to operate at less than
50% of the permitted fire code occupant load
–Enforcement
•In addition to criminal penalties, failure to comply shall constitute a public
nuisance dangerous to the public health
•Action is authorized and shall be taken to abate the nuisance by the
county health inspectors, including the immediate closure of the business
Town’s Protocol
•Call taker (first floor reception, TMO) obtains details and completes Business Complaint Information Form
–Police dispatch will forward calls to Town Manager’s Office
•Business Complaint Information Form details specific information to obtain for each type of complaint/concern
•Form is forwarded to Legal Department for review
•If necessary, will investigate further
•If Legal Department determines business appears to be operating in violation of one of the EOs, standard letter will be prepared
•Code Enforcement delivers the letter
Town’s Protocol
•For a complaint that business not enforcing ADHS requirements
under EO 2020-40 for physical distancing, signage, cleaning,
employee face coverings, etc., standard letter states:
–We’ve received information that you may be in violation of EO 2020-
40
–Provide copy of EO 2020-40 and associated ADHS requirements to
the business
•No further action will be taken by the Town unless additional complaints
are received –EO 2020-40 states to provide notice of the order and
associated guidance & give opportunity to comply
Town’s Protocol
•For a complaint that business (i.e., bar or gym) is open in violation of EO 2020-43, standard letter states:
–We’ve received information that you may be open in violation of EO 2020-43
–Provides a copy of EO 2020-43 to the business
–Allows the establishment 3 business days to respond and provide any information for the Town to consider as to why the business may remain open
•If business responds with evidence that EO does not apply to it (e.g., records documenting higher sales of food than alcohol at a bar & grill), Town notifies business we will take no further action
•If business does not provide evidence that the EO does not apply to it, Town sends follow-up letter advising business that EO 2020-43 requires it to pause operations & failure to do so may result in further enforcement action
Town’s Protocol
•For a complaint that business is not requiring customers to
wear face coverings, the Town refers the complainant to the
Pima County Health Department for enforcement of its mask
mandate
•Town will not take further action
Summary of Town’s Actions to Date
•11 Complaints Received
–TMO, MPD, first floor reception
–9 complaints that businesses open in violation of EO 2020-43
•Some repeated complaints about same business
–1 complaint that business not requiring face coverings
–1 complaint that business not following EO 2020-40 re: physical
distancing
•2 Businesses “Self-Reporting”
Summary of Town’s Actions to Date
•11 Complaints Received
–4 letters sent to businesses that may be open in violation of EO 2020-43, response requested within 3 business days
•2 businesses presented evidence that alcohol not their primary business; Town staff advised that Town would not take further enforcement action
•2 businesses advised that EO 2020-43 requires them to pause operations; both stated they would comply
–1 letter re: possible violation of EO 2020-43 in process
–1 face covering complaint referred to Pima Co. Health Dept.
–1 educational letter sent to business re: requirements of EO 2020-40 re: physical distancing
–1 complaint -no action taken; business was closed
Summary of Town’s Actions to Date
•2 Businesses “Self-Reporting”
–For 1 business, Town staff followed up with Gov. Ducey’s office &
received confirmation that business must pause operations; Town
staff notified the business of the response from the Governor’s office
–1 business presented evidence that alcohol not its primary business;
Town staff advised that Town would not take enforcement action
Summary of Town’s Actions to Date
•Town Manager’s Office has reached out with resources and offers to assist, including;
–Information regarding the loans available under the PPP (Paycheck Protection Program)
–Information regarding the EIDL (Economic Injury Disaster Loan)
–Contact information for the Town Manager’s Office, Senator Sinema’sOffice, Curt Woody, and Marana Chamber of Commerce
–Information regarding the Town’s biz.selectmarana.com tool
–Information regarding City of Tucson series of webinars to assist small businesses during COVID
–Information regarding Arizona Commerce Authority series of webinars to assist in how to use PPP moneys as well as to generally navigate COVID19
Possible Additional Enforcement Actions
•What Are Possible Additional Enforcement Actions of the Town?
–Summary suspension of Marana Business License
–Criminal citation for violation of Governor’s Emergency Orders, pursuant to A.R.S. §26-317 –class 1 misdemeanor
–Wait to see if DLLC or Pima Co. Health Dept. takes action
–Do nothing
–Continue dialogue with business
•Independent of the Town
–DLLC can take action on an establishment’s liquor license
–County Health Inspectors can take action to abate a public nuisance dangerous to the public health, as noted in EO 2020-47
Questions/Discussion