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City passes resolution amending Ordinance 1212 - COVID-19

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At the special city council meeting held on Monday, April 27, 2020, the Hot Springs City Council passed Resolution 2020-15, amending Ordinance 1212.

Below is the text of the resolution along with a link to download a PDF copy. 

Link: 2020-15 First Resolution amending Ordinance 1212-COVID-19

RESOLUTION 2020-15


THE FIRST RESOLUTION AMENDING ORDINANCE NO. 1212, AS PART OF THE CITY OF HOT SPRINGS, SOUTH DAKOTA RESPONSE TO THE COVID-19 CORONAVIRUS


WHEREAS, the City of Hot Springs, pursuant to SDCL §9-19-3 may amend and revise ordinances as may be necessary; and


WHEREAS, the City of Hot Springs previously adopted Ordinance 1212 as an emergency response to the COVID-19 Coronavirus; and


WHEREAS, Ordinance NO. 1212 specifically states that while Ordinance 1212 is in effect, it may be amended, suspended, reinstated, or repealed by a resolution of the Hot Springs City Council; and


WHEREAS, Executive Order 2020-12 declared South Dakota to be in a State of Emergency due to the COVID-19 pandemic; and


WHEREAS, The community of Hot Springs consistently joins together in times of crisis, with the objective to confront, with compassion, the potential impact of the COVID-19 outbreak upon our community; and


WHEREAS, The City Council of the City of Hot Springs resolves to align with the Governors Executive Order 2020-12, specifically paragraphs 11 and 12 and will revise Ordinance 1212 paragraphs 1-5.


THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Ordinance 1212, An emergency ordinance to address a public health crisis by implementing certain measures which have been deemed necessary to slow the community spread of coronavirus (COVID-19) be amended as follows;


  1. At 6:00 am, April 28, 2020, all restaurants, food courts, coffee houses, bars, breweries, clubs, cafes and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, may open to on-site/on-sale patrons. They shall suspend or modify business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six feet is not possible. These businesses shall consider offering business models that do not involve public gatherings including take-out, delivery, curb-side service, drive-thru, off-site service, social distancing models, or other innovative business practices that do not involve public gatherings in an enclosed space. Any business continuing to operate in order to provide off-site service shall implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of COVID-19.
  2. At 6:00 am, April 28, 2020, all churches, recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.


  1. At 6:00 am, April 28, 2020, all cigar bars, vaping lounges or other similar businesses that allow for on-site consumption shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six feet is not possible. Consumption of products in conjunction with the operation and under the conditions of paragraph #1 is allowed.


  1. At 6:00 am, April 28, 2020, all arcades, bingo halls, bowling alleys, casinos, and other similar recreational or entertainment facilities shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.


  1. At 6:00 am, April 28, 2020, all other retail and service businesses shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.


BE IT FUTHER RESOLVED, that, pursuant to SDCL §9-19-13, this resolution is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City shall become effective immediately upon passage.

     

Dated this 27th day of April 2020

                                                                                    Approved:


                                                                                                                                                           

                                                                                    George Kotti, Mayor              

                                                                                   

Attest:


                                                                                                                                               

Misty Summers-Walton Finance Officer         


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