ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: May 26, 2021 (Continued to June 23, 2021)
SUBJECT: APPEAL OF THE ADMINISTRATIVE CITATION B7882 AND $5,000 FINE, ADMINISTRATIVE CITATION B7710 AND $10,000 FINE, AND ADMINISTRATIVE CITATION PD18056 AND $25,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE PROPERTY LOCATED AT 555 S PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA
BY: CODE COMPLIANCE UNIT
SUMMARY
Larry James Bitonti has requested an appeal of Administrative Citation B7882 and $5,000 fine, Administrative Citation B7710 and $10,000 fine, and Administrative Citation PD18056 and $25,000 fine for violating the State and City Emergency Orders at the property located at 555 S Palm Canyon Drive, Ste. A111, Palm Springs.
RECOMMENDATION:
1) Open the Appeal Hearing and accept public testimony.
2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF LARRY JAMES BITONTI, REGARDING THE PROPERTY LOCATED AT 555 S PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA.
BACKGROUND:
On November 11, 2020, the owner of Hair of the Dog located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs was cited by the City of Palm Springs for a violation of the Palm Springs Municipal Code. The citation relates to not serving a meal with the purchase of an alcoholic beverage in accordance with State/County/City orders. Larry James Bitonti, owner of the business, has filed an appeal for issuance of the citation.
On December 5, 2020, the owner of Hair of the Dog located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs was cited by the City of Palm Springs for a violation of the Palm Springs Municipal Code. The citation relates to allowing indoor operations in violation of
Item 3-1 Administrative Appeals Board Staff Report March 24, 2021 – Page 2 Code Compliance Appeal – 555 S. Palm Canyon Dr., Ste. A111, Palm Springs the State and City Emergency Orders. Larry James Bitonti, Owner of the business, has filed an appeal for issuance of the citation.
On January 9, 2021, the owner of Hair of the Dog located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs was cited by the City of Palm Springs for a violation of the Palm Springs Municipal Code. The citation relates to allowing indoor operations in violation of the State and City Emergency Orders. Larry James Bitonti, Owner of the business, has filed an appeal for the issuance of the citation.
STAFF ANALYSIS:
Staff has determined that the owner operated the business in violation of State and City Emergency Orders as follows in violation of Palm Springs Municipal Code Section 2.20.100A(1):
1. On November 11, 2020, the Code Compliance Unit received a complaint that the business was not complying with current State and City Emergency orders; 2. On November 11, 2020, a code compliance officer went to the property, located at 555 S. Palm Canyon Drive, and witnessed patrons drinking alcoholic beverages without a meal; 3. On November 11, 2020, a code compliance officer mailed Administrative Citation B7882 to Larry James Bitonti, who is listed as the owner of the business; 4. On December 5, 2020, the Code Compliance Unit conducted a proactive business compliance check at the business, located at 555 S. Palm Canyon Drive, and witnessed indoor operations taking place at the property; 5. On January 9, 2021, a code compliance officer mailed Administrative Citation B7710 to Larry James Bitonti, who is listed as the owner of the business; 6. On January 9, 2021, the Code Compliance Unit conducted a proactive business compliance check at the business, located at 555 S Palm Canyon Drive, and witnessed indoor operations taking place at the business; 7. On January 29, 2021, a code compliance officer mailed Administrative Citation PD18056 to Larry James Bitonti, who is listed as the owner of the business; 8. On March 19, 2020, the Governor issued a Shelter in Place Order; 9. On April 7, 2020, the Palm Springs City Manager issued Local Emergency Supplementary Order Incorporating the Governor’s Shelter in Place Order and setting fines; 10. On July 2, 2020, the State Public Health Officer issued an order for Riverside County closing bars; 11. On July 5, 2020, the California Department of Alcoholic Beverage Control issued guidelines for what is required to be considered a meal; 12. On July 13, 2020, the State Public Health Officer issued a Statewide Order prohibiting indoor operations at bars, but allowing for outdoor operations if contracted with a food vendor to provide meals sold with alcohol;
Item 3-2 Administrative Appeals Board Staff Report March 24, 2021 – Page 3 Code Compliance Appeal – 555 S. Palm Canyon Dr., Ste. A111, Palm Springs
13. On August 28, 2020, the State released the Blueprint for a Safer Economy to permit gradual reopening of certain businesses and activities; 14. On September 9, 2020, the County of Riverside was in the Purple Tier, which does not permit indoor operations of restaurants and bars; 15. On November 11, 2020, the County of Riverside was in the Purple Tier, which does not permit alcoholic beverages to be served without a meal; 16. On December 3, 2020, the Regional Stay Home Order was announced and would go into effect on December 5, 2020 at 1259pm PST, which would close outdoor dining and only allow take-out or delivery; 17. On December 5, 2020, the County of Riverside was in the Purple Tier, which does not permit indoor operations of restaurants and bars; 18. On January 9, 2021, the County of Riverside was in the Regional Stay Home Order and all outdoor and indoor operations were not permitted 19. On January 9, 2021, the County of Riverside was in the Purple Tier, which does not permit indoor operations of restaurants and bars.
The following Palm Springs Municipal Code sections, City and State Emergency Orders are applicable to this matter.
Palm Springs Municipal Code Section 2.20.100A(1) provides as follows:
“It is unlawful and declared a public nuisance for any person to violate any emergency order made by the Governor of the State of California under the Emergency Services Act, any order of the State Department of Public Health or Riverside County Health Officer, or any Emergency Order of the City.”
City of Palm Springs Local Emergency Supplementary Order Incorporating by Reference the Governor’s Executive Order N-33-20 (Shelter in Place) dated April 7, 2020, provides in part as follows:
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that: 1. Executive Order N-33-20 (Shelter in Place), dated March 19, 2020 is hereby incorporated into this order as though fully set forth herein, and shall be deemed to be an order of the City of Palm Springs Director of Emergency Services within the City of Palm Springs.
2. The City of Palm Springs Director of Emergency Services’ order contained in Section 1, above, shall be subject to the following, whether issued prior to, or following, the date of this order: (a) any other Executive Orders(s) issued by the Governor of the State of California; (b) any order(s) issued by Riverside County Public Health Officer or Emergency Services Director, as well as any clarifying guidance issued by Riverside County; and
Item 3-3 Administrative Appeals Board Staff Report March 24, 2021 - Page 4 Code Compliance Appeal - 555 S. Palm Canyon Dr., Ste. A111, Palm Springs
(c) any other emergency order issued by the City of Palm Springs Director of Emergency Services.
IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution 24738, dated March 19, 2020, the fine amounts for the first, second, third and any subsequent violation of this order may be up to $5,000 for first violation, up to $10,000 for any second violation, and up to $25,000 for any third and subsequent violation.
State Public Health Officer Order for Riverside County, dated July 2, 2020, provides in part as follows:
1. Riverside County shall close bars, pubs, brewpubs, and breweries, whether operating indoors or outdoors.
State Public Health Officer Statewide Order, dated July 13, 2020, provides in part as follows:
1. Bars, pubs, brewpubs, and breweries, whether operating Indoors or outdoors, shall be closed across the state, unless an exception below applies.
a. Bars, pubs, brewpubs, and breweries, may operate outdoors if they are offering sit-down, outdoor, dine-in meals. Alcohol can be sold only in the same transaction as a meal. When operating outdoors, they must follow the dine-in restaurant guidance and should continue to encourage takeout and delivery service whenever possible.
b. Bars, pubs, brewpubs, and breweries that do not provide sit-down meals themselves, but can contract with another vendor to do so, can serve dine-in meals when operating outdoors provided both businesses follow the dine-in restaurant guidance and alcohol is sold only in the same transaction as a meal. w w..D Mike Villegas Lieutenant - Code Compliance Division Palm Springs Police Department Item 3-4 Administrative Appeals Board Staff Report March 24, 2021 - Page 5 Code Compliance Appeal - 555 S. Palm Canyon Dr., Ste. A 111, Palm Springs Attachments: Page Resolution No. __ Decision of the Administrative Appeals Board 1 Event Record 7 Administrative Citation 87882 9 Code Officer Incident Report 10 Photos of incident 16 Administrative Citation B7110 27 Notice of Violation Letter 28 Code Officer Incident Report 30 Photos of incident 34 Appeal Letter, Appeal Form, Attachments 36 Administrative Citation PD18056 44 Notice of Violation Letter 45 Code Officer Incident Report 47 Photos of incident 51 Email from Appellant's Attorney requesting appeal 52 Copy of City of Palm Springs Local Emergency Supplementary Order 55 Copy of CA Dept. of Public Health Officer Order for Riverside, July 2, 2020 57 Copy of ABC meal guidelines, July 5, 2020 60 Copy of CA Department of Public Health Officer Order, July 13, 2020 63 Copy of CA Department of Public Health Officer Order, August 28, 2020 68 Dine-in Restaurant Guidance 71 Regional State at Home Order, December 3, 2020 86 Supplement to Regional Stay at Home Order 90 Copy of Blueprint for a Safer Economy Activity and Business Tiers 92 Copy of Blueprint Data Chart for November 11 , 2020 98 Copy of Blueprint Data Chart for December 5, 2020 100 Copy of Blueprint Data Chart for January 9, 2021 103 Item 3-5 RESOLUTION NO. ____ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF LARRY JAMES BITONTI, REGARDING THE PROPERTY LOCATED AT 555 S. PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, Larry James Bitonti, owner of Hair of the Dog located at 555 S. Palm Canyon Drive, Ste. A111 was in violation of Palm Springs Municipal Code 2.20.100A(1), violation of the State and City Emergency Orders; and WHEREAS, a responsible party who violates the orders shall be liable to the City for an administrative fine up to the amount of Five Thousand Dollars ($5,000.00) for the first violation, up to the amount of Ten Thousand Dollars ($10,000.00) for the second violation, up to the amount of Twenty Five Thousand Dollars ($25,000.00) for the third violation; and WHEREAS, Administrative Citation No. B7882 was mailed on November 11, 2020 to Larry Bitonti for the property located at 555 S. Palm Canyon Dr., Ste A111, Palm Springs; and WHEREAS, Administrative Citation No. B7710 was mailed on January 9, 2021 to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs; and WHEREAS, Administrative Citation No. PD18056 was mailed on January 29, 2021 to Larry James Bitonti for the property located at 555 S Palm Canyon Drive, Ste. A111, Palm Springs; and WHEREAS, Larry James Bitonti, Owner of the business located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs, filed an administrative appeal of Administrative Citation No. B7882 and the fine amount of $5,000.00, Administrative Citation No. B7710 and fine amount of $10,000.00, Administrative Citation No. PD18056 and fine amount of $25,000.00 with the City Clerk and paid the appeal fee; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on March 24, 2021; and WHEREAS, the Administrative Appeals Board was presented evidence that Larry James Bitonti, owner of Hair of the Dog, violated Section 2.20.100A(1) of the Palm Springs Municipal Code by providing outdoor service without a meal and providing Item 3-6 Resolution No. Page 2 indoor service at the property located at 555 S. Palm Canyon Drive Ste A111, Palm Springs, which were prohibited by the State and City Emergency Orders; and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeals on March 24, 2021; and Item 3-7 Resolution No. Page 3 THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due consideration given to the relevancy, weight and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the Board’s procedures, as follows: SECTION 1. The Appellant is in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board upholds administrative citation No. B7882 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $5,000 or the fine amount of ______, up to the amount of $5,000, as determined by the Board. The Appellant is not in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board overturns administrative citation No. B7882 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $5,000. Item 3-8 Resolution No. Page 4 THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due consideration given to the relevancy, weight and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the Board’s procedures, as follows: SECTION 1. The Appellant is in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board upholds administrative citation No. B7710 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $10,000 or the fine amount of ______, up to the amount of $10,000, as determined by the Board. The Appellant is not in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board overturns administrative citation No. B7710 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $10,000. Item 3-9 Resolution No. Page 5 THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due consideration given to the relevancy, weight and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the Board’s procedures, as follows: SECTION 1. The Appellant is in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board upholds administrative citation No. PD18056 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $25,000 or the fine amount of ______, up to the amount of $25,000, as determined by the Board. The Appellant is not in violation of Palm Springs Municipal Code 2.20.100A(1). • The Administrative Appeals Board overturns administrative citation No. PD18056 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs and the fine of $25,000. Item 3-10 Resolution No. Page 6 SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy of this Resolution to each party and to file a disposition report with the Palm Springs City Council. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2021. OLIVER CLEARY Chair ATTEST: ANTHONY J. MEJIA, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a meeting of the Administrative Appeals Board of the City of Palm Springs on the day of , by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of . ANTHONY J. MEJIA, MMC City Clerk Item 3-11 Palm Sprinxs PD 200 S. Civic Drive CA0331 I00 Event Record ------....-Date----- Final Type Disposition(s)------. 10/23/20 Coronavirus related Party Advised Event#:2010P-5929 (2) COVID19-ADVISEI Address: 555 S Palm Canyon Dr Alll, Palm Springs; HAIR OF THE DOG (NEW LOCATION) Related Events: Beat: 5 Sector:T31 Fire Area: 41 A EMS Post: Parcel: Event Times and Assignment Data Received By: ALLANM Primary Unit: MNABHAN Units Assigned: MNABHAN Received: 19:30:08 First/Original Unit: MNABHAN 19:39:22 Dispatched: 19:39:22 Priority When Assigned: Past Arrived: 19:48:32 Original Type: Coronavirus related Cleared: 20:00:38 Dispatch Notes Dispatcher lD Date / Time Notes ALLANM 10/23/20 19:30:26 - Call location changed from Address: S55 S Palm Canyon Dr to Loe: HAIR OF THE DOG (NEW LOCATION) Alll by ALLANM ALLANM I 0/23/20 19:31 :42 PER ANON RP.. NOT --ENFORCING .. NOT ENFORCING COVID RESTRICTIONS Mnabhan I 0/23/20 19:59:09 - Indoor dining, approximately IS were observed dining inside. Spoke with the on duty manager Michael about the complaint and our observation. He stated that he was aware of the change in restrictions but thought that it didn't go into effect until midnight tonight. Advised him that the change in restrictions went into effect as of 12p today. He was apologetic and stated that he would clear everyone out. Briefly discussed the rules related to the current restrictions and advised further non compliance would result in the issuance of an administrative citation in the amount of $5,000.00. MATTW 10/23/20 20:00:34 ** Call Dis_position set to PA bl'._MATTW ** MATTW 10/23/20 20:00:39 ** Event closed b)' dispatcher "MATTW" at 10/23/2020 2=-0'---':-'-00'---':_40-'--**______Event Unit Log Date / Time Unit lD Status Location 10/23/2020 19:39:22 755P ~ patched 555 S Palm Canyon Dr A 111 S5S S Palm Canyon Dr Alli --10/23/2020 19:48:31 7SSP - En Route 5S5 S Palm Canyon Dr A 111 10/23/2020 19:48:32 75SP - Arrived Cleared 5S5 S Palm Canyon Dr Alll 10/23/2020 20:00:38 75SP - - Page I of I APDC (Rev. 04Item11I ll 7) Print3-12 Date: 03/11/2021 Palm Sprinf!S PD 200 S. Civic Drive CA0331100 Event Record .------.-Date---- Final Type Disposition(s)------. Party Advised 11/21/20 Coronavirus related Event#:2011P-5212 (2) COVID19-ADVISEI Address: SSS S Palm Canyon Dr Alll, Palm Springs; HAIR OF THE DOG (NEW LOCATION) Related Events: Beat: S Sector:T31 Fire Area: 41A EMS Post: Parcel: Event Times and Assignment Data Received By: MATTW Primary Unit: RDEAVILA Units Assigned: RDEAVILA Received: 15:50:49 First/Original Unit: RDEAVILA 15:50:49 Dispatched: 15:50:50 Priority When Assigned: High/Just 0cc. Arrived: 15:50:50 Original Type: Coronavirus related Cleared: 15:54:44 Dispatch Notes Dispatcher ID Date / Time Notes JENH 11/21/20 15:54:45 ** Event closed by dispatcher "JENH" at 11/21/2020 15:54:46 ** Event Unit Log Date / Time Unit ID Status Location 11/21/2020 15:50:49 758P On-View -----~ S~S_S~S Palm Canyon Dr Atlt 11/21/2020 15:54:44 758P Cleared 555 S Palm Canyon Dr A111 Page 1 of 1 APDC (Rev. 04Item/ 11/17) Print3-13 Date: 03111/2021 NAB 7882 Item 3-14 CASE# Arrest Palm Springs PD • 200 S. Civic Drive 2011P-2610 Crime • CA0331100 PAGE Non-Criminal I!] Incident Report 1 OFFENSE(S) OFFENSE(S) oonrd 02.20.100A(1)MC; ViolateEmergency Order; Mlsd. 0A TE ANO TIME REPORTED MORE CKARGES - esruAA.TEOwss vAU.E - - DATE. TIME ANO DAYOF OCCURENCE l 11/11/2010:56 Wednesday , 1111112010:56 YES '.J HO@ $0.00 TYPEOF ".<>N BEAT LOCATION OF OCC\JRENCE LOCATIONNAME _,. ISECT CELLUlAR CODE INAME • L.AST FIRST MIOOI.E. S'-"FIX BUSINESS OW1 1 OF 1 Bitonti,Larry 555S PalmCanyon Dr , PalmSprings, CA 92262 BUSINESS OCCUPATION SEX ADDIIESS2 -- IAGE Owner,Hair of The Dog r: M 76 (760)325-5551 >-- PHONE3 STATE sso 11.i AOORESS3 - -- CA I i NAME· LAST FIRST MIDDLE. SUFF•X OF 1 Slade-Marchant,Kelly Monique BUSINESS ~OCCUPATlON I AGE • =E I SEX ~BUSINESS (760)323-9890 Bartender B F 49 555S PalmCanyon Dr , PalmSprings, CA 92262 sso ADORESS3 PHONE3 STATE I - CA CASE SUMMARY I VEHICLE INFORMATION SUMMARY' -Hairof the Dog was operatingas a bar and werein violation of the current State andCity EmergencyOrders. ' uo.,_QR UCENSE INC AND 'MAKE ll"OOEL !VIN I MORE VEKICL!S VE..UCI.EUSED •N CRIME IYEAR \BOOYlYPE .-- ISTATE ! YES ::J NO '.!:) YES '-' NOC uNKO OF I IREGISTEREDOW,,ER RIO ADDRESS - TONREPORT [GARAGE NAMENfDPHONE YES C NO • SUSPECT(S) I ARRESTEE(S) I M I ARREST DATE TIME SCARS f MARKS/TATTOOS IARRESTEE DISPOSITION I REL.EASELOCATION YES l! No .7 1-· I - WARRANT CITATION4' OI. STATE ARRESTED i 800KJNGf jsso len• Yes No YES ...L NO =i , I C O CHARGES PHONE1 CODE INAME LAST FIRST "4I00l£.. SUFFIX i'DDIIESS 1 OF PHONE2 RACE ,-GE DOB i'DDIIESS 2 SEX IHT r I""~l&T E PHONE3 OCCUPATION INJURIES ADORESS3 -ScAASIMM~ITA.TTOOS IARRESTEE DISPOSITION -1-~•"~m--- YEs [l 1<0 1 -== 1~· I cu, OL STATE ARRESfEO wAR ,l c1TAT10N• l1-NG# l ~ vesQ NO Q YES C NOC, ,- CHARGES ADMINISTRATION V.Cl\M DESIRES PROSECllTION FOLLOW.UPCOPIES TO I D Probllban OTHER OA vw-"' YES 0 NOC YES D NOD DP.. • Dot D Dc.u• O • 8YOFF1CER DATEnlME APPROVEDBY I°"'TE APPROVED 11112/20 A. Bermudo15914 11/11/2017:40 M.Vlllegas 15149 CASE STATUS OFJ:ICER UNIT/SHIFT - ASS IGNED TO Closed Bennudo,Arwel Item 3-15 lnci-1-Bermu/15914 Entered by: Arwel Bennudo APDC (Rev. 11/25/2019) Print Date· 11112'2020 Palm Springs PD CASE # Arrest • 200 S. Civic Drive 2011P·2610 Crime CA0331 I00 •@ Non-Criminal Additional Crimes, Persons and Vehicles Of ~l!NSE(S) OFFENSE($) oonrd t 2.20.100A(1)MC; Violate Emergency Order; Mlsd. AND TIME REPORTED DATE TIMEANOOl>.YOFOCCURENCE I»,~ 11111/2010:56Wednesday 1111112010:56 Tl'PI! OF TION LOCATION OF OCCURENCE ' - lOCA ISECTOA 555S PalmCanyon Dr A111,Palm Springs Bar/lounge-Nightclub p31 ACll lTIONAL OFFENSE($) ADDITIONAL OFFENSE($) conl'd. ADMINISTRATION .-,omceo C,r,!tmral -=rw DATEAPPROVED A. Bermudo15914 11/1112017:40 M. Villegas15149 11/12/20 .AS3IGNEO TO e,,.$11,STilT\1$ Clo1ed APDC (RevItem. 02/18/1 4)3-16 Print Date: 11/12/2020 Palm Springs PD CASE# Arrest • 200 S. Civic Drive 2()11P-2610 Cf.me • CA0331100 Non-Criminal 0 Property and Evidence Page 1 of 1 Off E NSE(S) OFFENSE(S) «Mlfd, 02.20.100Aj1)MC; ViolateEmergency Order; Misd. DATE AND TIME REPORTED TOTALPROPfltTY VALUE (IA"lt , T1M£ANOOAVOf"-OCCVMJtt:tl 11111/2010:56 Wednesday 1111112010:56 $0.00 Ltt • notlJitliil,Nf ~ TIONOlfOCCt.lflENCII 1..,.,,,,..-- l"'GTa ADMINISTRATION 0411 MMI ICER D4•!1'1'1Mi!! .l.fllllQ'j'QO"' ~0, A. Bermudo15914 11/11/20 17:40 M.Villegas 15149 11/12/20 C,A:M:l,UllJt Of,KD. ~~ MtOWBTO Closed Item 3-17 lnci-1-Bermw l 5914 Entered by: Arwel Bermudo APOC {Rev 01!22113) Print Date: 11112/202{1 CASE# Arrest Palm Springs PD • 200 S. Civic Drive 2011P-2610 Crime • CA0331100 Non-Criminal 0 PAGE 1 OF 1 Case MO OFFENSE($) OFFENSE(S) confd. 02.20.100A(1)MC; Violate Emergency Order; Mlsd. DATE. TIME ANO DAY OF OCCURENCE DATE ANO TIME REPORTED 11/11/2010:56Wednesday 11/11/2010:56 TYPE OF LOCATION SECTOR LOCATION OF OCCURENCE LOCATION NAME 555 S PalmCanyon Dr A111,Palm Springs IBar/lounge-Nightclub T31 MODATA ' Commercial Bar/1.ounge--Nightdub SurroundingArea BusinessCommercial ADMINISTRATION FOU.OWUP COPIESTO · PAT OETO DA OCOUIT PROBATION Do= YES • NO • • O • BY OFFICER DATE/TIME APPAOVEO BY DATE APPROVED A. Berrnudo15914 11/11/202017 :40 M.Villegas 15149 11/12/20 ASSIGNED TO CASE$TATI.IS Closed APDC (RevItem 06/16/06) 3-18 Prinl Date 11112/2020 lnci•l•Bermu/15914 Entered by: Arwel Bennudo Palm Sprinl!S PD CASE# Arrest • 200 S. Civic Drive 2011P•2610 Crime • CA0331100 Non-Criminal l!J Narrative Report Page 1 of 2 O FFENSE(S) OFFENSE(S) cont'd 02.20.100A(1) MC; ViolateEmergency Order; Misd . DA TE. TIME ANO DAY OF OCCURENCE OATEANOTIMEREPOATEO 11/11/20 10:56Wednesday 11(11/20 10:56 LOCATIONOF OCCURENCE TYPE OF LOCATION 555 S PalmCanyon Dr A111, Patm Springs IBar/Lounge-Nightclub I"';' On Wednesday, November 11, 2020, I was working as a Code Compliance Officer for the City of Palm Springs. At 1056 hours, I responded to the Hair of the Dog (555 S. Palm Canyon Drive) regarding a complaint of the business not complying with the current State and City Emergency Orders. Upon arrival, I saw numerous people outside in the east patio drinking alcoholic beverages (beer, mixed drinks, etc.) and they did not have any food with their drinks. I took photos of the people drinking alcoholic beverages and later downloaded the photos at PSPD. I went inside the business and saw a bartender (later identified as Kelly Slade-Merchant} working behind the bar. I contacted Slade-Merchant and identified myself as a Code Compliance Officer. I asked Slade-Merchant if she was aware of the current regulations of operating as a restaurant/bar with regards to serving alcohol and food. I advised her that when customers order alcoholic drinks, they must also order a bonafide meal within the same transaction. Slade-Merchant advised that she was offering to sell hot dogs and chips to the customers when they ordered drinks. I asked Slade-Merchant to provide a copy of the food menu because there were no menus at any of the tables outside. She then went to the office behind the bar and was able to provide me a copy. However, she said that the food menu was only available during the weekends. I asked Slade-Merchant what kind of food they offered during the week and she said hot dogs, chips and various frozen food items (breakfast burritos, breakfast sandwiches and pizzas). Slade-Merchant went to the freezer and showed me the frozen food items. I took photos of the frozen food items and later downloaded the photos at PSPD. Additionally, while speaking with Slade-Merchant, I asked if she had copies of the ABC permit, business license, Riverside County Health Department certificate and any permits from our city which authorized them to operate as a restaurant. Slade-Merchant provided me with copies of the ABC permit, business license and county health department, and I took photos of the documents. However, she did not provide any documentation (Land Use Permit) from our city indicating that they could operate as a restaurant during COVID-19 restrictions. At this point, I notified Lieutenant Villegas of the emergency order violations and he ADMINISTRATION ttOffiOOR IO,l,1£/TD,IIE OAltAPPIIDYEO A. Barmudo15914 11/11/202017 :40 M. Villegas15149 11/12/20 Item 3-19 lnci-i-B ermu/15914 Entered by: Arwel Bermudo Page .I ofl APDC (Rev. 02/26/2020) Print Date· 11/ 12/2020 Palm Springs PD CASE# Arrest • 200 S. Civic Drive 2O11P-2610 Crime • CA0331 I0O Non-Crimina, [!] Narrative Report Page 2 of 2 OFFENSE,SI OFFENSE(S) contd. 02.20.100A(1IMC; Violate Emergency Order; Mlsd. DATE. TIME ANO DAV OF OCCURENCE DATE ANO TIME REPORTED 11/1112010:56 Wednesday 11111/2010:56 LOCATION OF OCCI.Jfl:ENCE TYPE OF LOCATION 555 SPalm Canyon Dr A111,Palm Springs IBar/lounge-Nightclub ,~, NARRATWE subsequently responded to the location. Lieutenant Villegas explained to Slade-Merchant that she needed to inform the owner or manager of the violations and the fact they would be issued a citation via mail. He also explained that they needed to shut down until they could operate in accordance with the emergency orders. During this investigation, I was able to confirm that the owner of this business is Larry Bitonti. I later returned to PSPD Station and completed the citation (#B7882) for violation of PSMC 2.20.100. This case will be forwarded to the city attorney for review. ADIIIINISTRA TION BY OFFICER OA1EAPPROV£D A. Bermudo15914 11/11/202017:40 M. VIiiegas15149 11/12/20 OfACER """"""'°ro CASE STATUS Closed lnci-1-Bennu/15914 Entered by: Arwel Bennudo APDC (Rev. 02Item/26/2020) 3-20Print Date: 11/12/2020 2011P-2610 48-332446 HAIR OF THE DOG ENGLISH PUB , the _Department of ('lcoholic Beverage Control has temporarily su ng to Business and Professions Code Section 23399 and Rule 60.5 (Catenng ,,_ , the above licensee has applied for a Covid-19 Temporary Catering A.uthor\u eir existing licensed premises; and, , applicant attests to having legal responsibility and control of the temporarily the Covid-19 Temporary Catering Authorization must be used in accordance fety directives; flE, said Covid-19 Temporary Catering Authorization is issued • n is limited to service of those alcoholic beverages -- Item 3-21 2011P-2610 STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE ON-SALE GENERAL PUBLIC P REMISES VALID FROM E.XPIRES HAIR OF THE DOG PALM SPRINGS LL C Aug 01, 2020 555 S PALM CANYON OR STEA111 PALM SPRINGS, CA 92264--7207 TYPE NUMBER DUP 48 602878 STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CON"TROL ALCOHOLIC BEVERAGE LICENSE CATERER PERMIT VALID FROM HAIR OF THE DOG PALM SPRINGS LLC Aug 01, 2020 555 S PALM CANYON DR STE A111 PALM SPRINGS, CA 92264-7207 IN COMPt.ETIHO rHIS APPUCAMON FOR A COVl().19 TEMPORARY CATERING AU'THORIZA'TION I ,C,O.CKNOWL'E.OGE ,._LL QI' "l\ol,E 'F~ C#M-cll •Hof,,,. bo.rt-. Nlow. FalltJ,. to ••· lt.nowlcdg• allot the bolow may resull In d.-11,y ~ de11ial or th• •pPllc-attot'I r;i1 :::-~ •a.t)8n.,.o,, .find lla 1nf9ffded open1t,on ,,; aod must rema,n eooslstent with state and~~h~~ ~~ ~.' L.:!::..J "'~• ocpy of th1••ppt,car,on ~st to the .a,pp,opna,1e local law enforcement age~- fXJ n.. ltUl~oon '8 1,rn,lod 10 St'!rv1ce of lhose alcoholic beverages &l.llhof12e R1 ff the O(lpartmenr datenn1nes that operation of the temporanly e:,c:panded area 1s contrary to pub\lc health, satetv. Of we\1are. ne,r,i or ---- L::!J o,:,etat,ng conditions may be adoed to the autholizatlon al the time of or after Its Issuance. Tv1 If!~ temporarily expanded area ,s being shared with other ABC licensees, we will be held t()inlly 1"8.sponsib\e \or any~ \hM mll'Y acDII" t...:l/ i.,-,,.,n the shared area. fT71 If ap_pro'!f!d and we want to make changes or add additlonal e1 r:J1 Ifapproved, the authorization may be canceled by the Department for reasons Including, but not limited to: "\) upon termma\\on ~.,.,...... L1J/ program granting the ,~uance of lhis authorization; 2) for violations of any law, rule, ordinance, or direct~e ~l\alf'llf\Q \0 bu~~ conducied_ on the premises and expanded area; 3) ror ne~atively impacting nearby residents: 4) upon oblec\iOn O't \oca\ \aw enlo.wc:.111t:. 5'1' ths d,scretiOn of the Department continuance of lhe perrmt will negatively impact the public heatth. safe\')'. oc wettafe. Item 3-22 2011P-2610 r I Canyon Roadhouse (restaur-ant) w111 make a fu\l food menu •va\\a~~'l. ,7;;,,r•H";.lr of the Dog (bar) located at 555 South Palm can'lon o ..h,e. ~u\1:.e • P•lnt Sprln•s• CA. under the following terms: 2 days a week from .LL. am/@to Lbpm, Commencing_--'~=~=...:::...... -..11~_2..--..:..:.:c.<~----- 2020. To be paid on a "per order" basis at time of pick up. Orders can be picked up at The Palm Canyon Roadhouse S3S Sou~h ~a\m t.an'fOt\ Drive, Palm Springs, CA. when ready. PAIMSNIINGS IJ}lb2 County of Riv•r• ide DEPARTMENT OF ENVIRONMENTAL HEAL"TH w ·ww.rivco•h.ors 7/W2020 Account#: AR0'\'\31!;'\3 TO: Hair Of The Dog Palm Springs Facilit~ #·. FA.00'54?,~9 OBA: Hair of the Dog \ 555 S Palm Canyon Dr#A111 ,.,,,,,,,, Palm Springs, CA 92264 .. ... INVOICE The current Environmental Health Permit(s) under which you operate expires on the date ind-.cated 'oe\Cl'H. "pp\1e11'c\e CCNfflt ordinance requires that renewal fees for health permits be paid no later than 30 days alter the e)(.pirat1on date ol 'fO\I\' ~ perm,t(s). If the renewal fee is postmarked after the 30 day period, the fee must 'oe accompanied 'oy a 20% pel\al\'j '-· \\ ~ renewal fee is postmarked 60 days from the applied date, the fee must be accompan,ed 'oy a 100% pel\al\'j lee. Our records indicate that you operate the following facility: Facility: Hair of the Do Item 3-23 2011P-2610 . - ..... ,,-11, \), "llll!!!il'I: --=- .- : ..... ' 11/11/2020 11 : 09 Item 3-24 2011P-2610 Chicken Sandwich $7 with bag of chips (Breaded chicken patty, Lettace, Tomatoe & onions) BLT Sandwich $7 with bag of chips Vietnamese Spring Roll $1 (Rice noodle, lettace, cucmber & choice of chicken, beef or no meat wrapped in nee pa-pet served with spring roll sauce) Quesidilla $5 (Also available with Item 3-25 2011P-2610 Item 3-26 2011P-2610 Item 3-27 2011P-2610 Item 3-28 2011P-2610 Item 3-29 2011P-2610 , LICENSE DOES NOT EH1Tl1,& ISSUANCE OF THIS TE OR MAINTAIN A THE LICENSEE TO OPERA Ell LAW BUSINESS IN VIOLATION OF ANY~ CA 92262 OR ORDINANCE. THIS IS NOT ANPPLICANT'S PALM SPRINGS OF THE ACTIVITY NOR OF THE A QUALIFICATIONS. County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH www.rivcoeh.org Account#: AR0113513 n>: Har Of The Dog Palm Springs Facility#: FA0054339 -DU: Har ol the Dog 566 S Palm Canyon Dr #A 111 Palm Springs, CA 92264 liWH1&11l!IIIIIIIIIIIIII INVOICE =- Enwonmen1a1 Health1 Perm,t(s) under which you operate expires en the date indicated below. Applicable County 11111,r:-" ...!: ~• ~s tor health perm,ts be paid no later than 30 days aijer the expiration date of your current IIOllrnMed 60 :5 ~rk~ after t_he 30 day period, _the fee must be accompanied by a 20% penalty fee If the ys om t e applied '1, ! the lee must be accompanied by a 100% penalty fee. · --• '-,woperate the following lacil1ty. Dog Hilllll 0/F lH! DOG MI.M SPRINGS LLC •sPALMCANVOHDR PALMSTEAUt SPRINGS . CA 92264-7207 RENEWAL CITY OF PALM SPRINGS BUSINESS LICENSE 3200 E TAHQVITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. ~ NUMBER: 97005780 81.sNaslYPE: BAR EXPIRATION TAX/ADMIN. FEE CERT NO Olt'Na NAME: BITONTI, LARRY J 09/30/2021 21.00 25576 09/30/202 1 133 .00 25577 09! I 4.00 61239 PALM SPRINGS, CA 92262 CA 92262 Item 3-30 2011P-2610 STATE OF CALIFORNIA ..,..,.,ENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE ON-SALE GENERAL PUBLIC PREMISES HAIR OF THE DOG PALM SPRINGS LLC 566 S PALM CANYON DR 11EA111 fllJI SPRINGS, CA 92264-7207 Item 3-31 Item 3-32 ADMINISTRATIVE CITATION- $10,000.00 City of Palm Springs Code Compliance Department 200 South Civic Drive. Palm Springs, CA 92262 Date of Issuance: 12/05/2020 Property Address: 555 S. Palm Canyon Drive Palm Springs CA 92262 Subject: Violation of the Palm Springs Municipal Code 2.20.100 Operation of a business during State/City Emergency Orders You are hereby notified that a violation of Palm Springs Municipal Code Section 2.20.100 has been determined to exist with respect to your ownership and use of the property referenced above. Accordingly, you are receiving Administrative Citation #87710. Pursuant to Section 2.20.100, you are ordered to pay an administrative fine in the amount of ten thousand dollars ($10,000.00). Further, you must cease operating the business as a bar immediately Also, pursuant to Section 2.20.100, a future violation arising from your continued operation as an unpermitted business under the State/City Emergency Orders will result in an administrative fine in the amount of not less than twenty five thousand dollars ($25,000.00) and may result in the City of Palm Springs' pursuit of civil and/or criminal remedies against you. Additional information concerning this violation is reflected below. As the owner of the property at lsaue or as the individual or entity responsible for the violation, you are lndlvldually responsible for correcting the violation. YOU HAVE THE RIGHT TO APPEALTHIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal, the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2.50 will apply. If you choose to appeal this citation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board. However, you must pay the current non-refundable appeal fee of $172.00 and submit the request for appeal form no later than fifteen (15) days from the mailing date of this letter Please see the City website at https:ljwww.palmspringsca.gov/home/showdocument?id=75652 for the appeal form and further instructions. Note: Your administrative fine must be paid to the City's Citation Processing Center in Newport Beach; and your appeal form and appeal fee must be sent to the Palm Springs, Attention:Office of the Cjty Clerk. Administrative Citation - Page two (2) Item 3-33 Should you have any questions regarding this letter, please contact Lieutenant Mike Villegas at (760) 323-8177 with the Code Compliance Division Monday through Thursday, 8 a.m.-5 p.m. or David Recio, 760-323-8116 x:8728 with the Code Compliance Division Thursday through Sunday, 8 a.m.- 5:00 p.m. Thank you for your prompt attention to this matter. Sincerely, David ~Recio Code Compliance Supervisor THIS PORTION OF PAGE BLANK Item 3-34 CASE# Arrest Palm Springs PD • 200 S. Civic Drive · 2012P·1224 Crime • CA0331100 PAGE I!] Non-Criminal Incident Report 1 OFFENSE($) OFFENSE(S) confd. 02.20.100A(1)MC; Violate Emergency Order; Misd. DATE. TIME ANDOAY OF OCCURENCE DATE AW() TIM£ REPORlED MORE. CHARGES ESTIMATED LOSS Vilt.VE 12/0512022:11 Saturday TO 12/05/2022:26 Saturday 12/0512022:11 YES [] NO IE $0.00 LOCATlONOF OCCURENCE LOCATION NAME TYPE Of, LOCATION BEAT ISECTOR 555S PalmCanyon Dr A111,Palm Springs HAIROF THEDOG (NEW LOCATION) 5 T31 PERSONS MORl!N>MES vesO NO[!] Codes: V = Victim W•Wtness C = Com .,..inant P= Parent G"' r.:.,,<>rdian R: Par11t O= Other I cooE l~E . LAST FIR$T, MIODLE. SUFFIX BtJSIIESS BUSINESS OF 1 OF 1 Nabhan,Mitchell Don 200 S CtvlcDr, PalmSprings, C A92262 (760)323-87 45 PHONE2 OCCUPATION 1~ 1~ 134 10- AODRESS2 AOORESS3 PHONE 3 DL . ,.... I ~ IINJURIES cooe INAME . WIT FIRST_ MIODlE.SUFFIX BUSINESS CEll.UlAA ow 1 OF 1 Bitonti,Larry 555S PalmCanyon Dr , PalmS prings,CA 92262 OCCUPATION AOORESS2 BUSINESS I AGE 1008 Owner,Hair of TheDog I~ 1s: 76 (760)325-5551 $TATE I MIi AODRESSl -PHONE3 CA NAME. LAST FIRST. MlDDLE. SUFFtX ~ ADDRESS 1 PHONE 1 I -r.OCCUPATION AOORESS2 PHONE2 I RAC£ ISEX IAGE 1008 ADORESS3 PfiONE3 DL STATE I ... IINJLRIES CASE SUMMARY I VEHICLE INFORMATION SUMMARY Reportto document violation of emergencyorder. YEAR COLOR VEHICLEUSED IN CRIME I LICENSE !NO ANO IBOOYTYPE [VIN I MOREVE HICLES STATE) IMAKE 1~ Yes O NOD UNK LJ 01 YES O NO Ix.] TOWREPORT IGARAGE NAMEANDPHONE REGISTERE0ov.NER R,'OAODRESS YES ;::=::: NO I SUSPECT(S) I ARRESTEE($) l ~-s YES NO[!] Codes: S =Suspect A= Arrestee D =Detainee SV - SuspectNictim AV - ArresteeMctim DV - DetaineeNictim • CooE I NAME - I.AST FIRST, MIDDLE, SUFFIX AOORESS1 PHONE 1 OF RACE WT 008 AODRESS2 PHONE2 sex IHT IH>JR IEYE IAGE OCCUPATI.Qhl INJl.RIES AODRESS3 PHONE3 SCARS t MARKS /TATTOOS ARRESTEE OISPOSlllON I RELEASELOC.TION I ARRESTO..TE TIME YES n "° n 1-·· I cu• DL $f A11 IAARESTED 900KtNG• WARRANT I CITATION. lss, YlS :J NOD YES • NOC c~ S COO£ I"""". WIT. FIRST. MIOOLE, SUFFIX AOORESS1 PHONE 1 OF AOORESS2 PHONf.2 RACE SEX IHT WT ooe 1~•IEYE 1- OCCUPATION IMJL.ft!ES AODRESS3 PHONEJ SCAA$/MARKSITATTOOS ARRESTEE OISPOSITION lREL.EASE LOCATION lARRESTOATE TIME Y(Sn NO n 1-· I c11, OL !IT.IE IARRESTED BOOl(lfllG• WARRANT 1ICITUION• mn NOD YESnNOD t· CHARGES ADMINISTRATION VICTIM OESIR&S PROSECUTlON COPIEsro· NO [i) YES NO[i] 0 Ptt 0tt o.. cou• Q vwAP P,ob,bon D OTHER YES • 1•=-D 0 D O • 8Y OFFICER OA1VTl'-4E APPROVEDBY DATENJPROVEO R. DeAvila16241 03/02/2112:00 M. Villegas15149 03/02/21 OFFICER UMTISHIFT ASSIGNEDTO CASESTATVS OeAvlla,Roberto Closed lnci-l-DeAvi/16241 Entered by: Roberto DeAvila APDC (Rev.11Item12S/2019) 3-35 Print Date: 03/02/2021 Palm Springs PD CASE# Arrest • 200 S. Civic Drive 2012P-1224 Crime • CA0331 I00 Non-Crimmal GJ Additional Crimes, Persons and Vehicles P,',GI, 1 ()t- 1 O FFElloSECS) OFFENSE($) c:onfd. 02l0.100A(1)MC; Violate EmergencyOrder; Misd. DATE:. TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED 12/0512022:11 Saturday To 12/0512022:26 Saturday 12/0512022: 11 LOCATION OF OCCURENCE ILOCATION NAME TYPE OF LOCATION SECTOII 555 SPalm Canyon Dr A111,Palm Springs HAIROFTHEDOG (NEW LOCATION ) IT31 A0(11TIONAL OfFENSE(S) ADDITIONAL OFfENSE(S) confd. ADMINISTRATION ltfOfflC(R O..TEJ11ME -• D •v DATEAPPFWVED R. DeAvila16241 03102/2112:00 M. VIiiega, 15149 03102/21 -$T~ IW Closed APDC (ReItemv. 02/18/14 )3-36 Print Dale; 03/02/2021 CASE# Arrest Palm Springs PD • 200 S. Civic Drive 2012P·1224 Crime • CA0331 I00 Non-Criminal 0 Property and Evidence Page 1 of 1 OFFENSE(S) OFFENSE(S) coord 02.20.100A(1IMC; Violate EmergencyOrder; Misd. DATE TIM€ ANO DAY OF OCCUREN'CE OATEAND TlME UPQRTE.0 TOTAL PROPERTY VALUE 12105/2022:11 Saturday , 0 1210512022:26 Saturday 12105/2022:11 so.oo LOCAnoH Of OCCURENCE ITVl'i Of L-r;i>1 ~- 555S PalmCanyon Dr A111,Palm Springs re;.;;;THE DOG (NEW LOCATIONI 1-; ,T31 PROPERTYITEMS Iii!.. . OtMJmrl O!,JO! 1 =-00 le~• "'"' i- 16241-4101 1~t· 3 Digital - ~ ~ W. taJWMR .-01.._, LOC.-.'f'Ofiil•,t;;I* -2012P·1224- -$0.00 so.oo Other:Code Workstation Desktop • FIELD RECEIPT ISSUED --Photos ofthescene ADMINISTRATION ft QmC:1Jt "'?«Ml • ...,.~.D ~ R.DeAvila16241 03/0212112:00 M. Villegas 15149 "'"'03/02121- - .. -1'(> ,t.,J;titlm.'$ - -- Closed lnci-1-DeAvi/16241 Entered by: Roberto DeAvila APDC (Rev.Item 01122/13) 3-37Print Date: 03/0212021 Palm Springs PD CASE# Arrest • 200 S. Civic Drive 2012P-1224 Cnme • CA0331 I00 Non-Criminal GJ Narrative Report Page 1 of 1 0 fFENSE (S) OFFENSE($) conl'd 02.20.100A(1)MC; Violate Emergency Order; Mlsd. OATE. TIME AND DAY OF OCCURENCE DATE AND 1\ME .REPORTED 12/05/2022:11 Saturday ro 12/05/2022:26 Saturday 12105/2022: 11 LOCATIONOF OCC:UJ NARRATM ! On Sunday, 12/05/2020 at 2210 hours, Code Compliance Officer M. Nabhan and l arrived at Hair of the Dog located at 555 S Palm Canyon Drive for a compliance check. Upon arrival, we observed approximately ten (10) people who were indoors drinking, eating and playing pool. We made contact with the employee behind the counter and asked her if she was aware of the current order prohibiting dining indoors. The employee stated she was not the manager and she then immediately called the owner (Larry Bitonti) via telephone. Officer Nabhan then spoke with Mr. Bitonti and informed him of the violations observed at his business. (The female employee did not provide identification; however, we observed she was a white female with blonde hair, between 25-30 years of age.) While talking with Mr. Bitonti, we found that he was aware of the orders regarding the indoor use of his business establishment, but mentioned that since it was very cold outside he felt bad about people having to be outdoors. The owner was informed that this was a violation of the current emergency orders. Officer Nabhan and I also informed him due to the fact there had been a previous violation at his establishment, this current violation would result in a second citation being issued and the fine the amount would be $10,000.00. Mr. Bitonti said he understood and advised the above mentioned female employee to have all the customers move outdoors. Officer Nabhan and I later returned to PSPD Station where I completed the citation (#B7710) for the violation of PSMC 2.20.100 with a fine amount of $10,000. ADMINISTRATION ,.,omoi;,i DAlE'lllllE. DATE APPROVED R. DeAvila16241 03/02/202112:00 M.Villegas 15149 03102/21 ~& TAll.1$ Closed Jnci-l-DeAvi/16241 Entered by; Roberto DeAvila Page I of I APDC (Rev. 02/26/2020)Item Pr3-38int Date: 03/02/2021 Item 3-39 Item 3-40 THORNTON~Kokw CITY OF Pf'. LH SPRINGS 2021JAN 2 5 PM~: 23 January 22, 2021FFICEOF T HECITY CLE· City of Palm Springs Attn: Office of the City Clerk 3200 E. TahquitzCanyon Way Palm Springs, CA 92262 Re: Larry James Bitonti/Bair of the Dog English Pub Appeal of Citation Nos. B 7812 aad B 7710 City Clerk: This office represents Larry James Bitonti and The Hair of the Dog English Pub. As their representative, I am appealing two (2) citations issued to them, one dated November 11, 2020 (Citation# 87882) and one on December 5, 2020 (Citation# B7710). Neither was handed and/or delivered to anyone on the day of the citation. Instead, both were received by mail on January 14, 2021. A copy of the envelope containing the citations is enclosed with this letter. As can be seen, the envelope has a postage date of January 11/12, 2021. Because of the date the citations were received, Mr. Bitonti's appeal is timely/ Enclosed with this letter is Mr. Bitonti's appeal and his check in the amount of $344.00. I have doubled the appeal fee of $172.00 since we are asking for an appeal of two citations. Please inform this office of the date and location of the appeal hearing and please direct all communications regarding this issue to this office. I thank you in advance for your attention to this matter and I look forward to hearing from you regarding the appeal hearing. Sincerely, THORNTON~KOLLER Enclosures cc: Client (w/o enclosures) 2.100 Palomar Airport Rd. Suite 205. Carlsbad, CA92011 t. 760-688-0600 f. 760.688.0610 Item 3-41 Reserved for Filing Stamp Appeal Form Formularlo de Apelacl6n City of Palm Springs TEL (760) 323-8204 IFAX (760) 322-8332 Larry James Bitonti [email protected] , .. P.HQNJ;llEL~FONO · · ·, '. , . ..' .. . ~ ,,. .... ~ .~ 55S S. Palm Canyon Drive 760-323-9890 Citation #I-Nov. 11, 2020 Citation #2-Dec. 5, 2020 (Both citations were received on Janua 12 2021 As to Citation # 1, the citation was issued because food menus were not set out on the bar. However, menus were on the premises and meals (hamburgers, pizza, sandwiches, etc.) were being served to all patrons. The business followed the State's Guidance for Restaurants. Wineries and Bars. As to Citation #2, December S, 2020 was the final day that bars serving food were allowed to be open for outside dining. The business closed at 10:00 PM and there were some people inside to return their dishware and to clear their tabs. They were not gathered for the purpose of eating and/or drinking. Please also see attached letter from my attorney, Charles E. Koller ofThornton~Kollcr. This completed form must be sent to: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz canyon Way, Palm Springs, CA 92262 Item 3-42 7 .!\SS MAJL ·r · F -sS SN BERNARDIM'.> CA 9BJ)Po~ City of ·Palm Springs 01/ I 1 "2021 2021 PM 4 L US POSTAGE $000.50e Police Depanment 12 JAN P.O. Bcn-1830 Palm Sprinp, CA 9226¼-1830 l!;~~~•:.t:c . ZIP 92262 ~~!Ii~ji 04 l L11255S i3 Larry James Bitonti 30889 Avenida Xlmino Cathedral City, CA 92234 1,lltllf I,,,,. 1,1., I••1111 tit •I ul• •m,1 •l•J•• •l•tl II ,I"' 92234-294989 I,'"' Item 3-43 City of Palm Springs Police Department P.O. Box 1830 Palm Springs, CA 92263-1830 . • , 7017 2b80 DODO3987 3104 11•1II I J111 I,, lflf I11,II• lJ, 11•JU ,1, 92234-294989 .Jl,JuJHHIHI, JH u ,I, 1UJ • ~- Item 3-44 ADMINISTRATIVE CITAT!~-~L... 2s~ooo.oo City of Palm Springs Code Compliance Department 200 South Civic Drive, Palm Springs, CA 92262 Date of Issuance: 01/29/2021 Property Address: 555 S. Palm Canyon-Drive Palm Springs CA 92262 Subject: Violation of the Palm Springe Municipal Code 2.20.100 Operation of a business during State/City Emergency Orders You are hereby notified that a violation of Palm Springs Municipal Code Section 2.20.100 has been determined to exist with respect to your ownership and use of the property referenced above. Accordingly, you are receiving Administrative Citation #PD18056. Pursuant to Section 2.20.100, you are ordered to pay an administrative fine in the amount of twentywfivethousand dollars ($25,000.00}. Further, you must cease operating the business as a bar indoors immediately. Also, pursuant to Section 2.20.100, a future violation arising from your continued operation as an unpermitted business under the State/City Emergency Orders will result in an administrative fine in the amount of not less than twenty five thousand dollars ($25,000.00), and may result in the City of Palm Springs' pursuit of civil and/or criminal remedies against you. Additional infonnation concerning this violation is reflected below. As the owner of the property at issue or as the .lndlvldualor entity responsiblefor the violation, you are lndividuaily responsible for correcting the violation. Please note, the vlolatlon was wttnessed on January 9"', 2021 and 1sthe third such citation lsaued following the first that was Issued on November11 111, 2020 and the second that was issued on December SU',2020. The th citation along with the notice was malled out on January 29 , 2021. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal, the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2.50 will apply. If you choose to appeal this citation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board. However, you must pay .the current non~refundable appeal fee of $172.00 and submit the request for appeal form no later than ten (10) days from the mailing date of this letter. Please see the City website at https://www.palmspringsca.go~f!1om~showdocument?id~75652 fo~ t~e ~PP!!al fonn and further instructions. Note: Your adm1mstrat1vefine must t?e paid to the e1ty s C1tat1on Processing Center in Newport Beach; and your appeal form and appeal fee must besent to the Palm Springs. Attention: Office of the City Clerk. Item 3-45 Administrative Citation - Page two (2) Should you have any questions regarding this lette_r, please contact David Recio, 760-323-8116 x:8728 with the Code Compliance Division Thursday through Sunday, 8 a.m.- 5:00 p.m. Thank you for your prompt attention to this matter. Sincerely,~✓~ ~9' I David Recio~r- • Code CofT!plianceSupervisor THIS PORTION OF PAGE BLANK Item 3-46 11111111111111 1229048838 1014-1 City of Palm Springs C/0 CitationProcessing Center OFFICIAL NOTICE OF DELINQUENT P.O. Box 7275 Newport Beech, CA 92658--7275 ADMINISTRATIVE CITATION(S) NOTICE DATE: 02/11/2021 DTB0210A •** 4000000026 26/l AMOUNT DUE: $25,000.00 1H••1•11•1llll"ll11lll1111l•llllll1ll1lllllll1••1ll•l1lll1l11h IMPORTANT • LARRYBITONTI - 1. Send check or money order. NO O.ASH. US fund• only. - 2. Print citation number on your payment 3. To ensure proper credit, retum the bottom portion of this nottce with - your payment . - Our records indicate that you have previouslyfailed to pay the fine assessed by The Agency within the time specified on the citation. You have 30 days from the DATE OF THIS NOTICE to pay this fine. Your immediate response to this request for payment will preventfurther action 1uch as, but not limited to: -. .. ~ 1) Assessment of late fees equal to a minimum of 100% of the penalty owed 2) Special assessment and/or property lien 3) Other legal action Payment of citation does NOT constitute correction. You must pay this fine and if you have been cited for a correctable ordinance, correction must be made through The Agency. If you need further clarification about payment of the citation, go to: www.CitationProcesslngCenter.com or call (800) 969-6158. If you are the recipient of this notice and you have already made a payment it is possible your payment was received late and you owe a penalty. Please contact the Citation Processing Center at 1-800-969-6158 or via the web at WWtf.CjtationprocessingCenter.comfor more information. PD18056 01/09/2021 05:00 PM 2.20.100, FAILURE TO COMPLY 555 S PALM CANYONDR $10,000.00 P018056 01/09/2021 05:00 PM 1.06.040, IMPOSITIONOF PENALTIES 565 S PALM CANYONDR $15,000.0< ------~------··· ------~ Notice Date Notice Number TOTAL FINE AMOUNTS 02111/2021 1W1229048838 TOTAL DUE NOW - $25,000.00 IUIIIIIIIHIHII , 2 2 , o 4 a a 3 a 1014-1 DONOTSENDCASH.WRITECrrATION#ONPMT MAKE CHECKOR MONEYORDER PAYABLE TO : • Visa • Master Card • Discover • American Express Number______Exp. __ Zip Code:_ · _ Signature______Phone ____ _ 110,000.0 2.211),100 0 , 1.0S.040 ,,1.000.0 0 Item 3-47 . · :No.PD 18056 - CITY OF PALMSPRINGS ,.ICASE# . I \W) Adminlstrative·Citation 7-l"lf- Jm IGt Busln888 Owner o Property Owner D Tenant o Other I l1iiiiiiiii_lliiiiili) Youa~ being issued an Adminisbatlve Cttatlon for the following Code provl&1on(sr.···· · ·-- · ... · -· ·- · -- ·------Count PSMC Description 1. -i.. 2d, tfiJ l/i.of,,/;7I/Jf/o F M6Y«Cl/tr 2. ___ _t!J..._B:...;:.:l>bU""""'.------3. l,06, O'tlJ :r1116S;E,T'DJflIF 'feA!ltUf'U, D COMPLIANCE ORDSR • You are ordered to oor:rector otherwise remedy this/these vlolatlon by ______. /)(You are further ordered to pay an Administrative Fine as p,-c:ribed In the schedule below for each count listed above. Payment must be paid in' full by the compliance date to avoJ{Iona l penalties. The total CITATION PENALTY due Is$~ ~tJ(). IJ(sMMEDlATELY D ADMINISTRATIVE FINE SCHEDULE NO FINE Type of Service Personal Mail SEE REVERSE SIDE FpR PAYMENT AND OTHER INFORMATION Item 3-48 No. PD J, ts J~ f- CITY OF PALM SPRINGS [CASE• I Administrative Citation ~ 4:: ! I :i 1M .--- ; . <#1_• Gt-Business Owner • Property Owner I~ Tenant • Other bo6 You are being luued an Administrative Citation for the following Code provlllon(a). Count PSMC Dncrlptlon 1. __...___,_ 2. ---- _ _...______ 3. , ' • ' I I ,Y • COMPLIANCEORDER • ~olatlont,yYou are Ofdered _ __ to correct_ _ or_ othe,wlse_ _ _ remedy this/these 1,91(Youare further on:tered to pay an Administrative Fine as pnttlCribed in the schedule below for each count listed above. Pa)'ffl9flt must be paid In full by the compliance dale to avcld addltlonal penalties. The total CITATION PENALTY due ia $ r o, , . (¥MMEDIATELY • ADMINISTRATIVE FINE SCHEDULE 0 Pre-Citation Courtny Notice NO FINE • If lhe vlalatlon 18not conected lYf the epeclfted c:0111)11ancedate above, an Admlnlatretlw Cllatlon will be iaeued which Imposes a $100.00 fine. D First Citation In a 12-Month Period $4QQ.QQ.~ D Falure to correct the violation and pay the Adminlalralive Fine within 10-daya wlll result in an additional $250.00 penalty. a Second Citation in a 12-Monlh Period ~ i---,. • SECONDATTEMPT TO OBTAINCOMPLIANCE. Fallure to correct the vtol8tlon anapay ALL Admlnlslratlve Fines within 10-dayswiD m lilHc\. an additionalssoo.oo penalty. 9(Thlrd Cllallon In a 12-Monlth Pe~ • FINAL ATTEMPT TO OBTAIN COMPLIANCE~ - FAILURE TO COMPLY MAY RESULT IN PUBLIC NUISANCE P..Roc;EEDIHGSAND OTHER ENFORCEMENTACTIONS - ALL COSTS ASSOCIATEDWITH PUBUC NUISANCEPROCEEOINGS MAY BE LIENEDAGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY. Nameand Qept. of luuioJi>~ t bfticer ,, /L Type of Service ✓* A¢:= ...S ignature • Personal .91( MeU SEE REVERSE SIDE FOR PAYMENTAND OTHER INFORMATION Item 3-49 ADMINISTRATIVE CITATION- $25,000.00 City of Palm Springs Code Compliance Deparbnent 200 South Civic Drive, Palm Springs, CA 92262 Date of Issuance: 01/29/2021 Property Address: 555 S. Palm Canyon Drive Palm Springs CA 92262 Subject: Violation of the Palm Springs Munlclpal Code 2.20.100 Operation of a bualn- during State/City Emergency Orders You are hereby notified that a violation of Palm Springs Municipal Code Section 2.20.100 has been determined to exist with respect to your ownership and use of the property referenced above. Accordingly, you are receiving Administrative Citation #PD18056. Pursuant to Section 2.20.100, you are ordered to pay an administrative fine in the amount of twenty-fly• thousand dollars fS25.000.00).Further, you must cease operating the business as a bar indoors immediately. Also, pursuant to Section 2.20.100, a future violation arising from your continued operation as an unpermitted business under the State/City Emergency Orders will result in an administrative fine in the amount of not less than twenty five thousand dollars ($25,000.00), and may result in the City of Palm Springs' pursuit of civil and/or criminal remedies againstyou. Additional Information concerning this violation is reflectedbelow. A• the owner of the property at laaue or •• the individual or entity rnponslble for the violation, you are lndlvldually responsiblefor correcting the violation. Please note, the vlolatlonwas wltneued on January 9'1',2021 and Is the third such citation INued following the first that was 11 laaued on November 11 , 2020 and the second that was Issued on December P, 2020. The citation along with the notice was malled out on January 29111, 2021. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal, the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2.50 will apply. If you choose to appeal this citation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board. However, you must pay the current non-refundable appeal fee of $172.00 and submit the request for appeal fonn no later than ten (10) days from the mailing date of this letter. Please see the City website at https:/Jwww.palmsprinqsca.gov/home/showdocument?id=75652for the appeal form and further instructions. Note: Your administrative fine must be paid to the City's Citation Processing Center in Newport Beach; and your appeal form andappeal feemust be sentto the Palm Springs,Attention : Officeof the City Clerk. Item 3-50 Administrative Citation - Page two (2) Should you have any questions regarding this letter, please contact David Recio, 760-323-8116 x:8728 with the Code Compliance Division Thursday through Sunday, 8 a.m.- 5 :00 p.m. Thank you for your prompt attention to this matter. David Re Code Compliance Supervisor THIS PORTION OF PAGE BLANK Item 3-51 Arrest • Palm Springs PD CASE• Crime 0 200 S. Civic Drive 2101P-1854 CA033l100 Non-Climinel IE) Incident R ort 1 O,l'ENl!(8) 02.29.100AC1)IIC; V1otateEme,gency Onllr; MIid. lllil,..-Tlli-1».YOFOCCUllillCII 1111n,,.,1M-no·---.,-,1-= -.::-c: 01/11912118:45~•Y TO 0tmt2117:0l 8atulllay OWll/2116:50 - ~ NO'x:; 1.0CAl'ICINo,_,__,~ ~------1.0CA,._.----c:- • l"lftflllLOCAl'IQN ------l&AT IIClOII , 555 8 PalinClnyon Dr A111,Pln 8prlnp HAIROF THEDOG (NEW LOCATION) 5 T3t PERSONS ~ • -•-- NOi!:) OF tOFt 2008 CMcOr, Palm8p,tnp. CA92282 ---2 -2 --IL ·-·- ..-· -•LMTJIRIT-.. .Ul'III 1 Glllton, BfVlfly Fl'l'il -1 lt7.=-=::c c-- - · -- I Nit - ... W F I~ 11111-2 llA'llic...-- - -~- =e- 1 CA - iloDOIIIUI CASE SUMMARY I VEHICLE IN, MATION -Citationlnued for vlolatlonof 1M Stateand Cly EINlgellCJ0.11. BanRtltlurallt operdn9Indoor dining. 101J1'1\'N- ... I SUSPECT(S) I ARRESTEE($) A• Affellle 0• Oelllnee SY•_, AV·Arr.-.Mcllm DV• DltalnNMdim ---• NO[I OF ,wr ,ffl T009 T'-2 -· - - ... I -2 i- .., ....,------IICAll&,..,...11ATT001 - 1IIBEAIE LOC/1,._ ..L -0.Tl'l'IIIE .n .iJ NOD i-· T IIL , NIMSTIO --- IT•TE "T" rCN _.,_jor•110N• .. -- YU~ . NO - iJ "° 1-1. -· -· - -- COIII! - •Wl l'IRtT ·•~'°' OF - -..a-"'t_.., : wr ,_ -· -· 'ETI 1 1- l -2 -2 - AflCIH - J...... telM!~ITATTOOa YU...... HO T-·..._ IIL SfA'lli .. f 'fEao ""L., rCHMQU ,--· - CCflUTO; --YR[ ...1 NO(i) YUU NOii] n N ...- 0,,alt - ,. u- • - CIO'lllnllll _.,. •• Nabhan11222 11111312129:44 a Vlltgn 15149 rem2ro r-TO ___ __ ...,_JCAIIIT•rutc---- -Nlllflln, lllcllell I- CloNd lnci•I-Nabha/16222 Enlered by. Mitchell Nabhan APOC (Rev. I ll25/2019) PriN Dale 03/02.'202I Item 3-52 CASEI Al'rllt Palm Sprinxs PD • 200 S. Civic Drive 2101P-1854 Cnm• • CA0331100 Non-ctim11181 [!] Additional Crimes, Penons and Vehicles Ol'f'ei'oUIII 02.20.tGIA(t)MC; Vlolata E•rg•ty Onler; lllld. ~T!. T ~nONOl'OCCUAEHCE ~TIONIMMI! CCCTOII 555I P1l11Canyon Dr A111, Palm Sprlllgt I HAIROF THE DOG (NEW LOCATION) IT31 ADIIINIS'TRA_.,.TION ,V (lt . .. ,. I . Nlllh11118222 M.Vllllg•-15141 ..-i,to APDC (Rev. 02/18114) Print 0. ; OJIOl/2021 Item 3-53 CASI!# Mell Palm Springs PD • 200 S. Civic Drive 2111P.1154 Cmw CA0331100 Noft.Cmlinll ~ Property and Evidence Page 1 of 1 C,,PINNCt) oPl't/111111- 02.20.100A(1)MC; Ylolatt Emelpacy Order;MIid. DATI__ ._._ Q1;hi. ,_..0 0.YOf'«.C\IIU NCI TOTAi.MONAT'!' VAWI 01'11912111:4$Sllllrda, .., 01/0tl2117:DIa.tunlly 91111W2111:50 ,.... .,., __ $OM lOCAnotil Of OCCU,tt>tCt 5558 PalmC.nyon DrA111, P1l111 Springe r··HAIR·--OF THE DOO (NEW LOCATION) r; rT31·· PROPERTYITDIS _,.,,.., Tr'f ""'' r--0.. 11222-0111 l't ' 2 1- -Photal PhOllol r- i>II• IM c: .. ADIIINISTRATION _ Otcrt,i'JUI -o• • · Hubin 11222 0111312120:44 Ill Vlllepa 15149 °""-l3ID2l21 .,,,... .., 1,411'1.. I _ CAICIT•... CloMd lnc:i•l •Nabha/16222 Encmd by: Mitchell Nabhan APDC (ReY. Ol1lllll) Pnnt Dlte 0l'Ol-'2021 Item 3-54 Palm Sprinlls PD CASEt 200 S. Civic Drive 2101P0 1854 CA0331 IOO =NOll-Crimlnal B0 Narrative Report Page 1 of 1 01'~8) 02.2D.10DA(tt• Ci Yloia. E•ret!ICY Otder,MIid. ~ -· O.TI 111iUN0 0AYOFOCC\lM"" 0. 11#¥,TlfljEIIUOflllO 01/IIIQ111:45lalunlly JO 011111112117:DI llltuntay 01111912118:SO LOCAt!OIIOF CXXUIIUfCi ln,,eOl lDCATl0N 5158 P1l111CaftYOIIDr A111, Palm lprlnp On Saturday, 1/9/2021, at approximately 4:45pm Officer DeAvila and I conducted a compliance check at Hair of the Dog Saloon, 555 S Palm Canyon Dr A 111, Palm Springs, Riverside County, CA in reference to an observation made while driving by that the business appeared to be operating in violation of the current regional stay-at-home emergency declaration. Upon arrival to the main entrance facing the parking lot, the entry doors were locked, and the windows were covered with brown paper obstructing our view inside. As I got closer to the door, I was able to clearly see inside the business through the separation of paper and the frame of the door and saw 7 individuals inside the business, five seated at the bar counter and two standing at a bar table, drinking what appeared to be alcoholic beverages. Upon seeing the violation, Officer DeAvlla photographed the violation using his department issued mobile cellular device and later downloaded the photographs to my workstation in the Code Compliance office at the Palm Springs Police Department. I contacted Beverly Glisson, who stated she was a manager, at the business and discussed the observed violation. Beverly initially stated, ''what people" and she turned to look towards the bar area. VVhenI told her that I saw all the individuals gather their belongings and hide out of sight of the front door after I knocked, she then stated "Oh, those are all employees." Further discussion led to her stating that the people Inside were former employees and didn't think it would be a big deal to allow them in to watch the football games. I discussed the current restrictions and advised that since the business was not open for take-ouVdelivery orders, the only people permitted to be at the business are employees performing minimum basic operations such as upkeep, cleaning, or bookkeeping. I advised that any persons not meeting that criteria would need to leave the business. I contacted the business owner, Larry Bitonti, via phone to discuss the observed violation. He stated that Beverly Is his bookkeeper and she often brings along her husband while she's doing office work. He stated that sometimes they also bring along a friend or two if there's a good football game on because the bar has a nice television. He stated that he was unaware that this was not allowed and apologized for allowing it to happen. Larry was advised a citation would be issued and mailed for violation of PSMC 2.20.100 - Violation of Emergency Orders. ADMINISTRATION t J OfJCI II I.N- •n1&m 01113/l02121:4-t -·· lnci-1-Nabhl/16m Enleml by: MitchellNabhan Page I ofl APDC (Rev. 02/2612020) Print Dace:03/02/2021 Item 3-55 Citation PD18056 Item 3-56 David Recio From: Ashton Gout Sent: Thursday, March 11. 2021 9:31 AM To: David Recio Subject: FW: Administrative Appeals Board Meeting: March 24 (30-Day Notice) Ashton Rene Gout, CMC, CPMC Deputy City Clerk City of Palm Springs • Pronouns: She/Her From: Ashton Gout Sent: Tuesday, February 23, 2021 5:17 PM To: Chuck Koller Good evening Mr. Koll er, Thank you for bringing that to our attention. We'll add this citation (PD18056) to your appeal hearing scheduled for March 24. There is no need to submit an additional form or appeal fee at this time. In the event that you would like t o include any paperwork or letter regarding the citations for the Board's review prior to the meeting, please send that to me directly at least 72 hours in advance. If you have any questions regarding this process, please don't hesitate to reach out. Thank you, Ashton Rene Gout, CMC, CPMC Deputy City Clerk • City of Palm Springs Pronouns: She/Her From: Chuck Koller 1 Item 3-57 Ms. Gout: 11 Thank you for the 30 day notice of the appeal hearing for Hair of the Dog (the "Hair ) . Coincidentally, my client this weekend informed me that, unknown to them, the Hair was cited AGAIN on January 9, 2021 but my client did not receive the citation until February 14 (Happy Valentine's Day!!). I have attached the envelope and its contents with this email. My question is--does the Hair have to file a new appeal or can this be included in the March 24th appeal? Please let me know so that if I have to file an additional appeal I can get it in on time. Thank you in advance for your assistance. Charles E. Koller, Esq. THORNTON~KOLLER 2100 Palomar Airport Road Suite 205 Carlsbad, CA 92011 760-688-0600 760-688-0610 (Facsimile) CONFIDENTIAL AND ATTORNEY-CLIENT PRIVILEGED COMMUNICATION: This is an email from Thornton~Koller, Attorneys at Law. The sender of this confidential communication intends it, and any attachments, to be privileged pursuant to applicable law. This email message may contain material that is confidential, privileged, attorney work product and/or otherwise exempt from disclosure under applicable law, and is intended for the sole use of the intended recipient, regardless of whom it is addressed to. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of attorney-client privilege or attorney work product protections. Any receipt, review, reliance, distribution, forwarding, copying, dissemination or other use of this communication by any party other than the intended recipient or its employees, officers and/or agents, without the express permission of the sender is strictly prohibited. If you are not the intended recipient and have received this message, please immediately contact the sender and destroy any and all electronic and hard copies. Thank you. From: Ashton Gout To: Larry Bitonti Good afternoon "' This email serves as your 30 day notice for your upcoming hearing with the Administrative Appeals Board scheduled for Wednesday, March 24 at 5:30 p.m. via Zoom meeting/ Teleconference. The attached correspondence has also been mailed to your mailing address as noted on your appeal. Due to this meeting 2 Item 3-58 being held through Zoom/ teleconference, please note that staff will provide you with meeting details closer to the hearing. If you have any questions or concerns, please feel free to reach out to me directly. Thank you again for your continued patience and understanding during these times. Stay well, Ashton Rene Gout, CMC, CPMC Deputy City Clerk 3200 E. Tahquitz Canyon W ay Palm Springs, CA 92262 T: 760.323.8204x8284 F: 760.322.8332 Pronouns: She/Her Coronavirus (COVtD-19): For the latest updates from the City of Palm Springs: www.palmspringsca.gov/covid Experiencing flu-like symptoms? Coachella Valley residents should contact the Eisenhower Hospital Coronavirus hotline, before reporting to a hospital or doctor: (760) 837-8988 3 Item 3-59 CITY OF PALM SPRINGS LOCAL EMERGENCY SUPPLEMENTARY ORDER INCORPORATING BY REFERENCE THE GOVERNOR'S EXECUTIVE ORDER N-33-20 (SHELTER IN PLACE) ApriI7,2020 WHEREAS, on March 14, 2020, pursuant to the City of Palm Springs Municipal Code section 2.20.050(a)(1), the City Manager, acting as the Director of Emergency Services, declared the existence of a local emergency within the City of Palm Springs, due to the threat presented by the COVID-19 pandemic, which declaration was subsequently ratified by the Palm Springs City Council on March 19, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California ordered all individuals living in the State of California to stay home or at their place of residence. except as need to maintain continuity of operations of the federal critical infrastructure sectors, as described in said order; and WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6), the Director of Emergency Services is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, the Director of Emergency Services is authorized to revise his emergency declaration and related orders, as the situation evolves. NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that: 1. Executive Order N-33-20 (Shelter in Place), dated March 19, 2020 is hereby incorporated Into this order as though fully set forth herein. and shall be deemed to be an order of the City of Palm Springs Director of Emergency Services within the City of Palm Springs. SSS7S l8240\32853Sl4 I Item 3-60 2. The City of Palm Springs Director of Emergency Services' order contained in Section 1, above, shall be subject to the following, whether issued prior to, or following, the date of this order: (a) any other Executive Order(s) issued by the Governor of the State of California; (b) any order(s) issued by Riverside County Public Health Officer or Emergency Services Director, as well as any clarifying guidance issued by Riverside County; and (c) any other emergency order issued by the City of Palm Springs Director of Emergency Services. IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution 24738, dated March 19, 2020, the fine amounts for the first, second, third and any subsequent violation of this order may be up to $5,000 for first violation, up to $10,000 for any second violation, and up to $25,000 for any third and subsequent violation. The citing officer shall be entitled to exercise his/her discretion in determining the amount of any such fine, having taken into consideration the severity of the violation. IT IS FURTHER DECLARED AND ORDERED, this order is a temporary emergency measure, which is effective immediately and shaH remain in effect unless and until modified or superseded by the Director of Emergency Services, City Council or any county, state or federal onler or cle£!aratlon. _ ~ ~ April 7, 2020 2 ;2 ?tS.:::::: ~ David H. Ready, City Manager/Director of Emergency Services APPROVED AS TO LEGAL FORM: ey S. Ballinger, City Attorney SSS7S, I 8240\328S3Sl4. I -2- Item 3-61 Stateof California-Healthand HumanServices Agency CaliforniaDepartment of PublicHealth SONIAY. ANGELL,MD, MPH GAVINNEWSOM Stale PublicHeanh Officer & Difec/or Govemor State Public Health Officer Order for Riverside County, July 2, 2020 On March 19, 2020, I issued an order directing all individuals living in the State of California to stay at home except as needed to facilitate authorized, necessary activities or to maintain the continuity of operations of critical infrastructure sectors. (See https://covid19.ca.gov/stay-home-except-for-essential-needs/.) I then set out California's path forward from this "Stay-at-Home" Order in California's Pandemic Resilience Roadmap, https://www.gov.ca.gov/wpcontent/uploads/2020/05/5.4.20-Update-on Californias-PandemicRoadmap.pdf. That Roadmap identifies four stages of the pandemic: safety and preparation (Stage 1), reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading to the end of the Stay-at-Home Order (Stage 4). On May 7th, I announced that statewide data supported the gradual movement of the entire state into Stage 2 of the Pandemic Resilience Roadmap, https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COV1D th -19/SHO%20Order%205-7-2020.pdf. On May 8 , the Governor outlined a process where counties who met specific criteria could move more quickly than other parts of the state through Stage 2 of modifying the Stay-at-Home order, including certain businesses deemed higher-risk. The current data reflect that community spread of infection is of increasing concern across the state, and most particularly in those counties on the County Monitoring List. In addition to the impact on the general popu1ation, community spread increases the likelihood of expanded transmission of COVID-19 in congregate settings such as nursing ho'mes, homeless shelters, jails and prisons. Infection of these vulnerable populations in these settings can be catastrophic. Higher levels of community spread also increase the likelihood of infection among individuals at high risk of serious outcomes from COVID-19, including the elderly and those with underlying health conditions. For those counties that have been on the County Monitoring List for three consecutive days or more, the risk is high enough that actions must be taken to protect the public. The Pandemic Resilience Roadmap classifies bars, pubs, breweries, brewpubs, dine-in restaurants, wineries and tasting rooms, family entertainment centers, zoos, museums, and card rooms as Stage 2 or Stage 3 sectors with high risk of transmission due to a number of features of the businesses and the behaviors that occur within them. Public health studies have shown that the risk of transmission is exacerbated in indoor spaces, particularly when lacking appropriate ventilation. The sectors specified above, operating COPH, MS 0500 • P.O. Box 997377 • Sacramento, CA 95899-7377 (916) 558-1784 Internet Address: www.cdph.ca.gov Item 3-62 indoors, operate at the highest risk of all sectors allowed to reopen to date. These sectors are settings where groups convene and may mix with others for a prolonged period of time, increasing the risk of escalating the transmission rate of COVID-19. While physical distancing is critical to mitigating exposure, it is intended to protect an individual with brief exposures or outdoor exposures. In contrast to indoor spaces, wind and the viral dilution in outdoor spaces can help reduce viral load. Bars, both indoor and outdoor, have additional risk factors. A bar, foundationally, is a social setting where typically not only small groups convene, but also where groups mix with other groups. Bars also have an added risk imposed by the consumption of alcohol as the primary activity offered in such venues. Alcohol consumption slows brain activity, reduces inhibition, and impairs judgment, factors which contribute to reduced compliance with recommended core personal protective measures, such as the mandatory use of face coverings and maintaining six feet of distance from people in different households, both indoors and outdoors. Louder environments and the cacophony of conversation that are typical in bar settings also require raised voices and greater projection of orally emitted viral droplets. In summary, while these businesses represent a valued part of the fabric of our state, the characteristics of these types of establishments contribute to an environment with s'ubstantially increased risks for COVID-19 transmission. For those counties that have been on the County Monitoring List for three consecutive days or more, it is necessary to place restrictions on these sectors to protect the public. NOW, THEREFORE, I, as State Public Health Officer and Director of the California Department of Public Health, order: \ 1. Riverside County shall close bars, pubs, brewpubs, and breweries. whether operating indoors or outdoors. 2. Riverside County shall restrict indoor operations as specified below: a. Dine-in restaurants must close indoor seating to customers. During this closure all dine-in restaurants may continue to utilize outdoor seating and must comply with the guidance for dine-in restaurants. Restaurants should COF1tinueto encourage takeout and delivery service whenever possible. b. Wineries and tasting rooms must close indoor services to customers. During this closure all win~ries and tasting rooms must comply with the guidance for restaurants, wineries, and bars. c. Family entertainment centers and movie theaters must close indoor services and attractions to customers. 1. Family entertainment centers may continue to provide outdoor services to customers, and must comply with the movie theaters and family entertainment centers. Item 3-63 2. Drive-in movie theaters may continue to operate and should follow additional applicable guidance for retailers of Drive-In Movie Theaters. d. Indoor attractions at zoos and museums must close to visitors. 1. Zoos and museums may continue to operate outdoor attractions and must follow the guidance for zoos, museums. e. Cardrooms must close indoor services to customers and must follow the guidance for cardrooms. 3. These closures shall remain in effect in Riverside County until I direct otherwise, which will be no earlier than July 22, 2020. 4. This order supersedes any orders issued by Riverside County on or after June 28, 2020, for the purpose of closing bars, pubs, breweries, and brewpubs. 5. My May 7, 2020 Order permitting other Stage 2 sectors to open statewide, and all subsequent orders and directives adding or removing additional sectors to the list of those permitted to open statewide, continue to apply to Riverside County. All of my other Orders, Guidance, and Directives, including but not limited to my guidance mandating the wearing of face coverings, https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID -19/Guidance-for-Face-Coverings 06-18-2020.pdf, and my guidance prohibiting all gatherings, https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- 19/CDPHGuidanceforthePreventionofCOVID19TransmissionforGatherings.aspx, continue to apply to Riverside County. 6. Pursuant to the authority under EO N-60-20, and Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080, this order is to go into effect immediately and shall stay in effect until further notice. Sonia Y Angell, MD, MPH '/ State Public Health Officer & Director California Department of Public Health Item 3-64 3/9/2021 What is required to be considered a "meal"? I Alcoholic Beverage Control ~ CALIFORNIA DEPARTMENTOF • Alcoholic BeverageControl Jul s, 2020 What is required to be considered a ''meal''? Guidance as to what servings of food licensees must prepare and offer to comply with this requirement. The Department has issued a variety of regulatory relief measures that require service of a meal. (See, Notices of Relief, items 5 and 16; June 10, 2020, Industry Advisory; and various Frequently Asked Questions.) This Advisory provides guidance as to what servings of food licensees must prepare and offer to comply with this requirement. Business and Professions Code section 23038 provides that, '"Meals' means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement." Given the tremendous variety of foods available at the many different licensed premises, this definition provides necessary flexibility to look at the totality of the circumstances in determining whether or not the food service provided by a licensee is a legitimate offering of meals in a bona fide manner. In evaluating this, the Department generally looks at the various menu offerings, availability during typical meal hours, and whether the food offered is served in a reasonable quantity and what a reasonable person might consider to be a meal consumed at breakfast, lunch, or dinner. For example, although multiple courses are not required to constitute a meal, in order for the patron to be served a meal there should be a sufficient quantity that it would constitute a main course in a multiple-course dining experience. It is often easier to describe what does not constitute a bona fide meal. In that regard, while the statute excludes mere offerings of sandwiches and salad, the Department does Item 3-65 https:/lwww.abc.ca.gov/what-is-requ1red-to-be • Snacks such as pretzels, nuts, popcorn, pickles, and chips • Food ordinarily served as appetizers or first courses such as cheese sticks, fried calamari, chicken wings, pizza bites (as opposed to a pizza), egg rolls, pot stickers, flautas, cups of soup, and any small portion of a dish that may constitute a main course when it is not served in a full portion or when it is intended for sharing in small portions • Side dishes such as bread, rolls, French fries, onion rings, small salads (green, potato, macaroni, fruit), rice, mashed potatoes, and small portions of vegetables • Reheated refrigerated or frozen entrees • Desserts CORONAVIRUS (COVIDM19) UPDATES First Notice of Regulatory Relief Second Notice of Regulatory Relief Third Notice of Regulatory Relief Fourth Notice of Regulatory Relief Fifth Notice of Regulatory Relief Sixth Notice of Regulatory Relief Seventh Notice of Regulatory Relief Renewal Fee Waiver 2021 Renewal Payment Extension Guidance by License Type Blueprint for a Safer Economy Meal Requirement Guidance Frequently Asked Questions Item 3-66 httpsJ/www.abc.ca.gov/what-is-required-to-be-considered-a-meaV 2/3 a "meal"? I Alcoholic Beverage Control 3/9/2021 What is required to be considered CONTACT Additional information may be obtained by contacting: Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Email us at [email protected] Call (916) 419-2500 Item 3-67 313 https:/lwww.abc.ca.gov/what-is-requ1red-to-be-considered-a-meal/ ·stateof C.lifomia-Healthand Human Services Agency· ·· . ··•·····- -·-- -·-· ---.... . CaliforniaDepartment of PublicHealth • S•tawlde Public Health Officer Order, July 13, 2020 On March 19, 2020, I issued an order direding all Individuals livlng In the State of California to stay at home except as needed to facilitate authorized, necessary activities or to maintain the continuity of operations of critical Infrastructure sectors. I then set out Califomla's path forward from this •stay-at-Home• Order In Callfomla's Pandemic Resilience Roadmap. On May 7th, I announced that statewide data supported the gradual movement of the ,nttre state Into Stage 2 of the Pandemic Resilience Roadmap. On May 8th, the Governor outlined a process where counties that met specific criteria could move more quickly than other parts of the state through Stage 2 of modifying the Stay-at-Home order, including certain businesses deemed higher risk. . ~ The statewide data has since demonstrated a significant increase in the spread of COVID-19, resulting In publlc health conditions that demand measures responsive to those conditions be put Into _place with haste. On June 28, 2020. the Csllfornia Department of Publlc Health (CDPH) Issued guidance setting forth the need to close bars and similar establishments in counties that - due to concerning levels of disease transmission, hospitalizations, or Insufficient testing - had been on the County Monitoring List, which Includes counties that show concerning levels of disease transmission, hospltalizatlons, Insufficient testing, or other critical epidemiological markers, for 14 days. On July 1, 20201 CDPH issued guidance specific to counties on the County Monitoring List for three consecutive days, requiring closure of the indoor operations of various sectors, Including restaurants, wineries. and certain entertainment venues, as well as all bars Indoor and outdoor. Based on my judgment as the State Public Health Officer, It la now necessary to take these steps statewide, to take additional steps for counties on the County Monitoring List, and to continue to monitor and modify the process of reopening. The current data reflect that community spread of infection is of Increasing concern across the state. On July 1, 2020, there were 19 counties on the County Monitoring List. As of July 13, 2020, there are 32 counties on the 11st,and additional counties may soon be added as data warrants. In addition to the Impact on the general population, community spread lnCf88sesthe llkellhood of expanded transmission of COVID-19 In congregate settings such as nursing homes, homeless shelters, jails and prisons. Infection of these wlnerable populations In these settings can be catastrophic. Higher CDPH, MS 0500 • P.O. Box 997377 • Sacramento, CA 95899-7377 (916) 558-1784 Internet Address: www.cdph.ca.aov Item 3-68 levels of community spread also increase the likelihood of Infection among individuals at high risk of serious outcomes from COVID-19, Including the elderly and those with underlying health conditions who might live or otherwise interact with an Infected Individual. The Pandemic Resilience Roadmap classifies bars, pubs, breweries, brewpubs, dine-in restaurants, wineries and tasting rooms, family entertainment centers, zoos, museums, and cardrooms as Stage 2 or Stage 3 sectors with high risk of transmission due to a number of features of the businesses and the behaviors that occur within them. Public health studies have shown that the risk of transmission Is exacerbated In Indoor spaces, particularly when lacking appropriate ventilation. These sectors are settings where groups convene and may mix with others for a prolonged period of time, Increasing the risk of escalating the transmission rate of COVID-19. While physical distancing is critical to mitigating exposure, It Is more effective at protecting an lndMdual with brief exposures or outdoor exposures. In contrast to indoor spaces, wind and the vlral dilution in outdoor spaces can help reduce viral load. Bars, both Indoor and outdoor, have additional risk factors. A bar, foundationally, Is a social setting where typically not only small groups convene, but also where groups mix with other groups. Bars also have an added risk imposed by the consumption of alcohol as a primary activity offered In such venues. Alcohol consumption slows brain activity, reduces Inhibition, and Impairs judgment, factors which contribute to reduced compliance with recommended core personal protective measures, such as the mandatory use of face coverings and maintaining six feet of distance from people in different households, both Indoors and outdoors. Louder environments and the cacophony of conversation that are typical in bar settings also require raised voices and greater projection of orally emitted vlral droplets. For counties on the County Monitoring List, the risks and Impacts of disease transmission are even greater. The science suggests that for Indoor operations the odds of an Infected person transmitting the virus are dramatically higher compared to an open--alr environment. Thus, for those counties on the list, It Is necessary to close Indoor operations for additional sectors which promote the closed-space mixing of populations beyond households and/or make adherence to physical distancing with face coverings difficult. Including: gyms and fitness centers, places of worship, protests, offices for non-Critical Infrastructure sectors as designated on covld19.ca.gov, personal care services (Including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls. Item 3-69 NOW, THEREFO~, I, • State Public Health Officer and Director of the Ca lifomla Departmentof PublicHealth, order all of the followlng: statewideOrder BtldYt to Bars,Puba. Brewpubs.and Breweries 1. Bars, pubs, brewpubs, and breweries, whether operating Indoors or outdoors, shall be closed across the stJite; unless an exception below applies. a. Bars, pubs, brewpubs, and breweries, may operate outdoors if they are offering sit-down, outdoor, dine-In meals. Alcohol can be sold only In the same transactionas a meal. When operating outdoors, they must follow the dine-in restaurant guidance and should continue to encourage takeout and delivery servicewhenever possible. b. Bars, pubs, brewpubs, and breweries that do not provide sit-down meals themselves, but can contract with another vendor to do so, can serve dine-In meals when operating outdoors provided both businesses follow the dine-in restaurant guidance and alcohol ls sold only in the same transaction as a meal. c. Venues that are currenUy authorized to provide off sale beer, wine, and spirits to be consumed .off premises and do not offer sit-down, dine-In meals must follow the guidance for retail operations and offer curbside sales only. d. Concert, perfonnance, or entertainment venues must remain closed until they are allowed to resume modified or full operation through a specific reopening order or guidance. Establishments that serve full meals must discontinue this type of entertalm1ent until these types of activities are allowed to resume modified or full operation. 2. Indoor operations shall be restricted across the state as specified below: a. Dine-In restaurants must close indoor seating to customers. During this closure all dine-in restaurants may continue to utilize outdoor seating and must comply with the guidance for outdoor dining. Restaurants should continue to encouragetakeout and delivery servicewhenever possible. b. Wineries and tasting rooms must close Indoor services to customers. During this closure all wineries and tasting rooms operating outdoors must comply with the guidancefor restaurants, wineries, and bars. c. Family entertainment centers and movie theaters must close Indoor services and attractionsto customers. 1. Family entertainment centers may continue to provide outdoor services and attractions to customers, and must comply with the guidance for movie theaters andfamily entertainment centers. Item 3-70 2. Drive-In movie theaters may continue to operate and should follow additional applicable guidance for drive-In movie theaters. d. Indoor attractions at zoos and museums must close to visitors. 1. Zoos and museums may continue to operate outdoor attractions and must follow the guidance for zoos and museums. e. Cardrooms must close Indoor services to customers and must follow the guidance for cardrooms. Order for Closure ofAdditional Indoor Sagtoc, for Counties on Monitoring List 3. Counties that currentJyappear on CDPH's County Monitoring List and have been on the list for three consecutive days. and counties that subsequently appear for three consecutive days or more whlle this order remains _effective, must close all Indoor operations of the following types of businesses/events/activities: a. Gyms and Fitness Centers b. Places of Worship c. Protests d. Offioes for Non-Critical Infrastructure Sectors e. Personal Care Services (Including nail salons, massage parlors, and tattoo parters) f. Hair salons and barbershops g. Malls Terms of Orders 4. This order shall go Into effect Immediately. 5. These closures shall remain In effect until I determine It is appropriate to modify the order based on publlc health conditions. 6. Outdoor operations may be conducted under a tent. canopy. or other sun shelter but only as long as no more than one side Is closed, allowing sufficient outdoor air movement. 7. I will continue to monitor the epidemiological data and will modify the sectors that may be open both statewide and In counties on the Monitoring List as required by the evolving public health conditions. If I determine that It Is appropriate to reopen, close. or modify the operations of any additional sectors. those sectors will be posted at: https://covld 19 .ca.gov/roadmap-counties/. 8. My guidance mandating the wearing of face coverings and my guidance prohibiting gatherings continue to apply statewldet except as speciflcally permitted In other orders or guidance documents. To prevent further spread of COVID-19 to and within other Item 3-71 jurisdictions within the state, Califomianashould not travel significant distances and ahouldstay close to home. 9. Thia order 19l11ued pursuant to the authority under EO N-60-20, and Health and Safety Code aeotiona120125, 120130(c), 120135, 120140. 120145, 120150, 120175,120195 and 131080. Sonia Y Angell, MD, MPH State PubNcHealth Officer & Director Celtfomia Department of Public Health Item 3-72 Stateof California-Healthand Human Services Agency CaliforniaDepartment of PublicHealth SANDRAS1£WRY, MPH, MSW GAVINNEWSOM ActingDirector Governor Statewide Public Health Officer Order, August 28, 2020 On March 19, 2020, the State Public Health Officer issued an order directing all individuals living in the State of California to stay at home except as needed to facilitate authorized activities or to maintain the continuity of operations of critical infrastructure sectors. (See March 19. 2020 Order.) The scope of activities authorized under this order was subsequently modified in additional state public health directives. Then, consistent with Executive Order N-60-20, the State Public Health Officer set out California's path forward from this "Stay-at-Home" Order in California's Pandemic Resilience Roadmap. That Roadmap identified four stages of the pandemic: safety and preparation (Stage 1), reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading to the end of the stay-at-home order (Stage 4). On July 13, 2020, in response to a significant increase in the spread of COVID-19, the State Public Health Officer ordered the statewide closure of operations in certain high-risk sectors. (See July 131 2020 Order.) Counties on the County Monitoring List for three consecutive days were also required to close additional indoor operations for certain sectors in order to further slow community transmission. Community spread of infection remains a significant concern across the state. In addition to the impact on the general population, community spread increases the likelihood of expanded transmission of COVID-19 in congregate settings such as nursing homes, homeless shelters, jails and prisons. Infection of vulnerable populations in these settings can be catastrophic. Higher levels of community spread also increase the likelihood of infection among individuals at higher risk of serious outcomes from COVID-19, including the elderly and those with underlying health conditions who might live or otherwise interact with an infected individual. COVID-19 infection is also disproportionately impacting our essential workforce. The anticipated influenza season is likely to impose additional burdens on the healthcare delivery system, increasing demand for space, supplies, and personnel. The COVID-19 pandemic continues to evolve, and CDPH is continually monitoring new scientific evidence and improving its understanding of the disease. Based on the current state of the pandemic in California and current scientific understanding of transmission, it is my judgment that it is appropriate to further refine the approach in order to gradually reopen businesses and activities while reducing the risk of increased community spread. A targeted system for sector reopenings which considers both current epidemiological conditions and the latest understanding of transmission risk in certain CDPH, MS 500 • P.O. Box 997377 • Sacramento, CA 95899-7377 (916) 558-1784 Department Website (www.cdph.ca.gov) Item 3-73 sectors will allow CDPH to monitor both counties and sectors for evidence of increased epidemiological risk and will reduce risk as California continues to reopen its economy and protect public health. California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe sets forth in detail the basis for the new Framework. NOW, THEREFORE, I, as Acting State Public Health Officer of the State of California, order all of the following: 1. The updated framework for reopening, which shall be known as California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe, will rely on a set of Tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive covid-19 tests and proportion of testing and other covid-19 response efforts addressing the most impacted populations within a county. For each progressive Tier, this framework will permit a broader range of reopening guided by risk-based criteria pertinent to each sector. I may modify the epidemiological criteria for each Tier as well as the sectors, businesses, establishments, or activities within the Tiers as necessary based on the latest available public health information and research to protect public health and safety. The up-to-date Tier profiles and those sectors, businesses, establishments, or activities that are permitted to open in each Tier will be posted (along with necessary modifications), at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- 19/COVID 19CountyMonitoringOverview. aspx. 2. Pursuant to this framework, all local health jurisdictions in the state may reopen specified sectors according to their respective county's Tier. However, a local health jurisdiction that moves to a Tier permitting further reopening must pause for 21 days, or a different period that I identify, before reopening additional sectors. 3. Conversely, a local health jurisdiction must also close sectors according to their respective county's Tier consistent with the timeline and procedures set forth in California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 4. A local health jurisdiction may continue to implement or maintain more restrictive public health measures if the jurisdiction's Local Health Officer determines that health conditions in that jurisdiction warrant such measures. Item 3-74 Terms of Orders 5. This order shall go into effectAugust 31, 2020 and shall supersede the July 13, 2020 State Public Health Officer Order. 6. This order shall remain in effect until I determine it is appropriate to modify the order based on public health conditions. 7. I will continue to monitor the epidemiological data and will modify California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe as required by the evolving public health conditions. If I determine that it is necessary to change what will reopen or close, or otherwise modify the Plan, these modifications will be posted at California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 8. Except to the extent this order or other state public health directives expressly provide otherwise, all CDPH guidance continues to apply statewide. 9. All references in CDPH or other State guidance to the County Monitoring List or the County Data Monitoring List shall refer to those counties falling within Tier 1 of California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 10. This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080; EO N-60-20, N-25-20, and other authority provided for under the Emergency Services Act; and other applicable law. Erica S. Pan, MD, MPH Acting State Public Health Officer California Department of Public Health Item 3-75 ~~ m ::~~ •'~,~Etl DEPARTMENT OF INDUSTRIAL RELATIONS 7 PublicHealth COVID-19 INDUSTRY GUIDANCE: Restaurants November 24, 2020 This guidance is designed to address sectors and activities opening statewide. However, local health CALIFORNIA officers may implement more stringent rules tailored to local epidemiological ALL conditions, so employers should also Your Actions Save Lives confirm relevant local opening policies. cov1d19 Item 3-77 PURPOSE This document provides guidance for restaurants to support a safe, clean environment for workers and customers. Businesses must identify and monitor the County Risk Level for the county the business is operating in and make required adjustments to their operations: • Purple – Widespread – Tier 1: Outdoor operations are permitted and must continue to follow the modifications in this guidance. Performers must maintain physical distancing from spectators and other performers. Performers who are singing, shouting, playing a wind instrument, or engaging in similar activities without a face covering must maintain at least twelve feet of distance from spectators. Additional modifications for performances may be required by the forthcoming Live Performances guidance. • Red – Substantial – Tier 2: Indoor operations are permitted but must be limited to 25% capacity or 100 people, whichever is fewer, and continue to follow the modifications in this guidance. For indoor performances, performers must wear face coverings at all times and maintain physical distancing from spectators and other performers. Performers are counted toward the occupancy capacity limit. Additional modifications for performances may be required by the forthcoming Live Performances guidance. • Orange – Moderate – Tier 3: Indoor operations are permitted but must be limited to 50% capacity or 200 people, whichever is fewer, and continue to follow the modifications in this guidance. For indoor performances, performers must wear face coverings and observe all other required modifications consistent with the forthcoming Live Performance guidance. In the interim, performers must wear face coverings at all times and maintain physical distancing from spectators and other performers. Performers are counted toward the occupancy capacity limit. • Yellow – Minimal – Tier 4: Indoor operations are permitted at 50% capacity and must continue to follow the modifications in this guidance. For indoor performances, performers must wear face coverings and observe all other required modifications consistent with the forthcoming Live Performance guidance. In the interim, performers must wear face coverings at all times and maintain physical distancing from spectators and other performers. Performers are counted toward the occupancy capacity limit. For the most updated information on county tier status, visit Blueprint for a Safer Economy. Please note that local health departments can have more restrictive criteria and different closures. Find your county’s local information. NOTE: Restaurants should continue to encourage takeout and delivery service whenever possible. Restaurants providing takeout, drive-through pick-up, and delivery may only sell unsealed containers of alcoholic beverages (such as cocktails) when purchased in the same transaction as a meal. A meal is not required for the sale or delivery of alcoholic beverages in manufacturer-sealed containers. Restaurants should Item 3-78 refer to COVID-19 guidance from the California Department of Alcoholic Beverage Control. Restaurants may also have other operational aspects and service offerings covered in other guidance, which are available on the Industry Guidance to Reduce Risk website. Restaurants may not open those operations until permitted by the Blueprint and when doing so must review this guidance to apply the appropriate protocols to all aspects of operations, including: o Takeout and delivery (Delivery Services guidance) o Bars and breweries (Bars, Breweries, and Distilleries guidance) o Wineries and tasting rooms (Wineries and Tasting Rooms guidance) o Offices (Office guidance) o Game operations, such as bowling alleys, pool tables, etc. (Family Entertainment Centers guidance) o Maintenance and custodial work (Limited Services guidance) This guidance is not intended for concert, performance, or entertainment venues. Those types of establishments should remain closed until they are allowed to resume modified or full operation through a specific reopening order or guidance. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing or newly created safety and health- related regulatory requirements such as those of Cal/OSHA, including a pending Emergency Temporary Standard expected to go into effect soon.1 Stay current on changes to public health guidance and state/local orders as the COVID-19 situation continues. Cal/OSHA has more comprehensive guidance on their Cal/OSHA General Guidelines on Protecting Workers from COVID-19 webpage. The U.S. Food and Drug Administration has guidance for restaurants and the CDC has additional requirements in their guidance for businesses and employers. Required Use of Face Coverings Consult the CDPH Guidance on the Use of Face Coverings, which broadly requires the use of face coverings for both members of the public and workers in all public and workplace settings outside the home. Complete details, including all requirements and exemptions to these rules, can be found in the guidance, which should be checked periodically for updates. For the most updated information on county status, visit Blueprint for a Safer Economy. Please note that local health departments can have more restrictive criteria and different closures. Find your county’s local information. Item 3-79 Workplace Specific Plan • Establish a written, workplace-specific COVID-19 prevention plan at every location, perform a comprehensive risk assessment of all work areas and work tasks, and designate a person at each establishment to implement the plan. • Incorporate the CDPH Face Covering Guidance into the Workplace Specific Plan and include a policy for handling exemptions. • Identify contact information for the local health department where the restaurant is located for communicating information about COVID-19 outbreaks among workers or customers. • Train and communicate with workers and worker representatives on the plan and make the plan available to workers and their representatives. • Regularly evaluate the establishment for compliance with the plan and document and correct deficiencies identified. • Investigate any COVID-19 illness and determine if any work-related factors could have contributed to risk of infection. Update the plan as needed to prevent further cases. • Implement the necessary processes and protocols when a workplace has an outbreak, in accordance with CDPH guidelines and orders or guidance from the local health department. • Identify close contacts (within six feet for a cumulative total of 15 minutes or more over a 24-hour period) of an infected person and take steps to isolate COVID-19 positive worker(s) and close contacts. • Notify all employees in writing, and employers of subcontracted employees, who may have been exposed to COVID-19 and report workplace outbreaks to the local health department. For additional information on employer responsibilities under AB 685 (Chapter 84, Statutes of 2020), refer to the Enhanced Enforcement and Employer Reporting Requirements from Cal/OSHA and the Employer Questions about AB 685 from CDPH. • For outdoor operations: Establish an effective heat illness prevention plan with written procedures in both English and the language understood by the majority of the employees. The plan must be available to employees at the worksite. See the Cal/OSHA heat illness prevention page for resources, including FAQs, a webinar, and a sample written plan. Elements of a heat illness prevent plan must include: o Access to potable drinking water Item 3-80 o Access to shade o Cool down breaks o Emergency procedures for heat illness cases o High heat procedures when the temperature exceeds 95 degrees o Monitoring of employees who are acclimatizing during a heat wave o Training on heat illness prevention and symptoms • Adhere to the guidelines below. Failure to do so could result in workplace illnesses that may cause operations to be temporarily closed or limited. I!:'"-... , Topics for Worker Training • Information on COVID-19, how to prevent it from spreading, and which --- people are at higher risk for severe illness or death. • Self-screening at home, including temperature and/or symptom checks using CDC guidelines. • The importance of not coming to work: o If a worker has symptoms of COVID-19 as described by the CDC, such as a fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea, vomiting, or diarrhea, OR o If a worker was diagnosed with COVID-19 and has not yet been released from isolation, OR o If, within the past 14 days, a worker has had contact with someone who has been diagnosed with COVID-19 and is considered potentially infectious (i.e. still on isolation). • To return to work after a worker receives a COVID-19 diagnosis only after meeting CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis. • To seek medical attention if their symptoms become severe, including persistent pain or pressure in the chest, confusion, or bluish lips or face. Updates and further details are available on CDC’s webpage. • The importance of frequent handwashing with soap and water, including scrubbing with soap for 20 seconds (or using hand sanitizer with at least 60% ethanol or 70% isopropanol when workers cannot get to a sink or handwashing station, per CDC guidelines). Never use hand sanitizers with methanol due to its high toxicity to both children and adults. Item 3-81 • The importance of physical distancing, both at work and off work time (see Physical Distancing section below). • Proper use of face coverings, including: o Face coverings provide some protection to the wearer but are not designed to meet standards for filtering virus-containing particles. o Face coverings do not replace the need for physical distancing and frequent handwashing. o Face coverings must cover the nose and mouth. o Workers should wash or sanitize hands before and after using or adjusting face coverings. o Avoid touching the eyes, nose, and mouth. o Face coverings must not be shared and should be washed or discarded after each shift. • Information contained in the CDPH Face Covering Guidance, which mandates the circumstances in which face coverings must be worn and the exemptions, as well as any policies, work rules, and practices the employer has adopted to ensure the use of face coverings. Training should also include the employer’s policies on how people who are exempted from wearing a face covering will be handled. • Ensure any independent contractors, temporary or contract workers, and volunteers at the facility are also properly trained in COVID-19 prevention policies and have necessary supplies and PPE. Discuss these responsibilities ahead of time with organizations supplying temporary and/or contract workers. • Information on paid leave benefits the worker may be entitled to receive that would make it financially easier to stay at home. See additional information on government programs supporting sick leave and workers’ compensation for COVID-19, including workers’ sick leave rights under the Families First Coronavirus Response Act. Item 3-82 Individual Control Measures and Screening • Provide temperature and/or symptom screenings for all workers at the beginning of their shift and any vendors, contractors, or other workers entering the establishment. Make sure the temperature/symptom screener avoids close contact with workers to the extent possible. • If requiring self-screening at home, which is an appropriate alternative to providing it at the establishment, ensure that screening was performed prior to the worker leaving the home for their shift and follows CDC guidelines, as described in the Topics for Worker Training section above. • Encourage workers who are sick or exhibiting symptoms of COVID-19 to stay home. • Employers must provide and ensure workers use all required protective equipment, including face coverings and gloves where necessary. • Employers should consider where disposable glove use may be helpful to supplement frequent handwashing or use of hand sanitizer; examples are for workers who are screening others for symptoms or handling commonly touched items. Workers should wear gloves when handling items contaminated by body fluids. • Servers, bussers, and other workers moving items used by customers (dirty cups, plates, napkins, etc.) or handling trash bags should use disposable gloves (and wash hands before putting them on and after removing them) and provide aprons and change frequently. • Dishwashers should use equipment to protect the eyes, nose, and mouth from contaminant splash using protective glasses, goggles, or a face shield in addition to a face covering. Dishwashers must be provided impermeable aprons and change frequently. Reusable protective equipment, such as shields and glasses, should be properly disinfected between uses. • Employers must ensure workers maintain six feet of distance from others whenever possible. When it is not possible, the length and frequency of interaction should be kept to a minimum. Where job duties require regular interaction (e.g. wait staff), employers should offer a secondary barrier (i.e. face shields or safety goggles) for use by workers who wish to use one and permit workers to use their own if they prefer. • Employers must take reasonable measures, including public address announcements, posting signage in strategic and highly-visible locations, and in reservation confirmations, to remind the public that they must use face coverings whenever not eating or drinking (unless exempted per Item 3-83 the CDPH Face Covering Guidance), practice physical distancing, not touch their face, frequently wash their hands with soap and water for at least 20 seconds, and use hand sanitizer. • Remind guests in advance to bring a face covering and make them available to anyone who arrives without one, otherwise they should not be allowed to enter the premises (unless exempted per the CDPH Face Covering Guidance). • Guests should be temperature and/or symptom screened upon arrival, asked to use hand sanitizer, and must bring and wear a face covering when not eating or drinking if not exempted per the CDPH Face Covering Guidance. Employers have the right to cancel reservations for individuals/parties with symptomatic guests and refuse entry. • Display a set of clearly visible rules for customers and restaurant personnel at the restaurant entrance(s) that are to be a condition of entry. The rules could include instructions to use hand sanitizer, maintain physical distance from other customers, avoid unnecessary touching of restaurant surfaces, contact information for the local health department, and changes to restaurant services. Whenever possible, the rules should be available digitally, include pictograms, and included on/with menus. Ventilation, Cleaning, and Disinfecting Protocols • Restaurants should increase fresh air circulation by opening windows or doors, if possible, and in accordance with security and safety protocols. • Position tables indoors near windows and doors to maximize air exchange and ventilation but avoid having air flow from where one party is seated directly toward another party. • For indoor locations, maximize the amount of outdoor air supplied by ventilation systems. Install the highest efficiency filters compatible with the ventilation system. • Where possible, install portable high-efficiency air cleaners, upgrade the building’s air filters to the highest efficiency possible, and make other modifications to increase the quantity of outside air and ventilation in all working areas. • Check the CDPH website periodically for updates on indoor air quality and ventilation guidance for airborne diseases in indoor settings. Item 3-84 • Perform thorough cleaning in high traffic areas, such as customer waiting areas and lobbies, break rooms, lunch areas and areas of ingress and egress including host stands, entry ways, stairways, stairwells, escalators, handrails, and elevator controls. Frequently disinfect commonly used surfaces including doors, door handles, crash bars, light switches, waiting area chairs, credit card terminals, ATM PIN pads, receipt trays, bus tubs, serving trays, phones, toilets, and handwashing facilities. • Frequently clean items touched by patrons, especially those that might attract contact from children including candy and toy vending machines, display cases, decorative fountains, etc. • Clean touchable surfaces between shifts or between users, whichever is more frequent, including but not limited to working surfaces, phones, registers, touchpads/touchscreens, tablets, timeclocks, appliances, kitchen and bar utensils and implements, oven doors, grill and range knobs, carts and trolleys, keys, etc. • Avoid sharing audio equipment, phones, tablets, laptops, desks, pens, and other work supplies wherever possible. Never share PPE. • Discontinue shared use of audio headsets and other equipment between workers unless the equipment can be properly disinfected after use. Consult equipment manufacturers to determine appropriate disinfection steps, particularly for soft, porous surfaces such as foam earmuffs. • Provide time for workers to implement cleaning practices during their shift. Assign cleaning assignments during working hours as part of the employee’s job duties. Procure options for third-party cleaning companies to assist with the increased cleaning demand, as needed. • Procure options for third-party cleaning companies to assist with the increased cleaning demand, as needed. • Equip spaces such as dining rooms, bar areas, host stands, and kitchens with proper sanitation products, including hand sanitizer and sanitizing wipes to all staff directly assisting customers. • Ensure that sanitary facilities stay operational and stocked at all times and provide additional soap, paper towels, and hand sanitizer when needed. • When choosing disinfecting chemicals, use products approved for use against COVID-19 on the Environmental Protection Agency (EPA)- approved list and follow product instructions. Use disinfectants labeled to be effective against emerging viral pathogens, diluted household bleach solutions (5 tablespoons per gallon of water), or alcohol solutions with at least 70% alcohol that are appropriate for the surface. Provide workers training on the chemical hazards, manufacturer’s directions, ventilation Item 3-85 requirements, and Cal/OSHA requirements for safe use. Workers using cleaners or disinfectants must wear gloves and other protective equipment as required by the product instructions. Follow the asthma-safer cleaning methods recommended by the California Department of Public Health and ensure proper ventilation. • Continue to follow existing codes regarding requirements for sanitizing (rather than disinfecting) food contact surfaces. • To minimize the risk of Legionnaires’ disease and other diseases associated with water, take steps to ensure that all water systems and features are safe to use after a prolonged facility shutdown. • Where possible, do not clean floors by sweeping or other methods that can disperse pathogens into the air unless all persons in the area have appropriate PPE. Use a vacuum with a HEPA filter wherever possible. • Provide disposable menus to guests and make menus available digitally so that customers can view on a personal electronic device, if possible. If disposable menus cannot be provided, properly disinfect menus before and after customer use. Consider options for customers to order ahead of time. • Discontinue pre-setting tables with napkins, cutlery, glassware, food ware, etc. These should be supplied individually to customers as needed. Do not leave card stands, flyers, napkin holders, or other items on tables. • Suspend use of shared food items such as condiment bottles, salt and pepper shakers, etc. and provide these foods in single serve containers, if possible. Where this is not possible, shared items such as condiment bottles, shakers, etc., should be supplied as needed to customers and disinfected after each use. • Pre-roll utensils in napkins prior to use by customers. Workers must wash hands before pre-rolling utensils in napkins. The pre-roll should then be stored in a clean container. After customers are seated, the pre-roll should be put on the table by a worker who recently washed their hands. • Reusable customer items including utensils, food ware, breadbaskets, etc., must be properly washed, rinsed, and sanitized. Cleaned flatware, stemware, dishware, etc., must be properly stored away from customers and personnel until ready for use. Use disposable items if proper cleaning of reusable items is infeasible. • Takeout containers for leftovers must be filled by customers and available only upon request. • Dirty linens used at dining tables such as tablecloths and napkins should be removed after each customer use and transported from dining areas in sealed bags. Workers should wear gloves when handling dirty linens. Item 3-86 • Thoroughly clean each customer dining location after every use. This will include disinfecting tables, chairs, booster seats, highchairs, booths, etc. and allowing adequate time for proper disinfection, following product instructions. Many EPA-approved disinfectants require minimal contact time (seconds to one minute) against human coronavirus. • Close areas where customers may congregate or touch food or food ware items that other guests may use. Modify delivery of these items by providing items to guests individually, converting to cafeteria-style service, etc. Discard or clean, disinfect, or sanitize shared items after each use, as appropriate. The areas that should be closed include but are not limited to: o Self-service areas with condiment caddies, utensil caddies, napkins, lids, straws, water pitchers, to-go containers, etc. o Self-service machines including ice, soda, frozen yogurt dispensers, etc. o Self-service food areas such as buffets, salsa bars, salad bars, etc. • Discontinue tableside food preparation, e.g. guacamole preparation, and presentation of uncovered food items on selection carts and conveyor belts. Carts and conveyor belts can be used only if the food is fully covered in covers that are adequately cleaned and disinfected after each use or are disposable and immediately discarded after use. • Do not leave out after-meal mints, candies, snacks, or toothpicks for customers. Offer them with the check or provide only on request. • Install hand sanitizer dispensers, touchless if possible, at guest and worker entrances and contact areas such as driveways, reception areas, in dining rooms, near elevator landings, etc. t t )Physical Distancing Guidelines .... • WARNING: physical distancing alone is insufficient to prevent transmission of COVID-19. • Prioritize outdoor seating and curbside pickup to minimize cross flow of customers in enclosed environments. Restaurants can expand their outdoor seating, and alcohol offerings in those areas, if they comply with local laws and regulations. • Provide takeout, delivery, and drive through options for customers when possible. Takeout items should be made available using contactless pick- up and delivery protocols. Item 3-87 • Eliminate person-to-person contact for delivery of goods whenever possible. Designate drop-off locations to receive deliveries away from high traffic areas. Maintain physical distance of at least six feet with delivery drivers. • Encourage reservations to allow for time to disinfect restaurant areas and provide guidance via digital platforms, if possible, to customers for physical distancing while at the restaurant. • Consider allowing dine-in customers to order ahead of time to limit the amount of time spent in the establishment. Ask customers to wait in their cars or away from the establishment while waiting to be seated. If possible, alert patrons through their mobile phones when their table is ready to avoid touching and use of “buzzers.” • Indoor and outdoor dining service tables must be at least six feet apart, measured from the back of the chair at one table to the back of the chair at the adjacent table while diners are seated. Maximize the distance between indoor service tables beyond the required six feet wherever possible, to minimize the risks from customers eating indoors without face coverings. • Limit the number of patrons at a single table to a household unit or patrons who have asked to be seated together. People in the same party seated at the same table do not have to be six feet apart. All members of the party must be present before seating and hosts must bring the entire party to the table at one time. • Implement measures to ensure physical distancing of at least six feet between workers and customers. This can include use of physical partitions or visual cues (e.g., floor markings or signs to indicate to where workers and/or guests should stand). • Install physical barriers or partitions at cash registers, bars, host stands, and other areas where maintaining physical distance of six feet is difficult. • Any area where guests or workers queue should also be clearly marked for appropriate physical distancing. This includes check-stands and terminals, deli counters and lines, restrooms, elevator lobbies, host stands and waiting areas, valet drop off and pickup, and any other area where customers congregate. • Physical distancing protocols should be used in any office areas, kitchens, pantries, walk-in freezers, or other high-density, high-traffic work areas, where possible. • Worker pre-shift meetings and trainings should be conducted virtually or in areas that allow for appropriate physical distancing between workers. Food, beverages, food ware, etc., must not be shared. Item 3-88 • Stagger worker breaks, in compliance with wage and hour regulations, to maintain physical distancing protocols. • Consider offering workers who request modified duties options that minimize their contact with customers and other workers (e.g., managing inventory rather than working as a cashier or managing administrative needs through telework). • Reconfigure office spaces, lobbies, beverage bars, kitchens and workstations, host stand areas, and other spaces wherever possible to allow for at least six feet of distance between people dining, working, and passing through areas for entry and exit. • Remove tables and chairs from dining areas so that six feet of physical distance can be maintained for customers and workers. If tables, chairs, booths, etc., cannot be moved, use visual cues to show that they are not available for use. • Discontinue seating of customers where customers cannot maintain six feet of distance from workers, work areas, and food and drink preparation areas. • Limit the number of workers serving individual parties, in compliance with wage and hour regulations. • All restaurant workers should minimize the amount of time spent within six feet of guests. • Ensure workers can maintain physical distance in breakrooms, using barriers, increasing distance between tables/chairs to separate workers, etc. Where possible, create outdoor break areas with shade coverings and seating arrangements that ensures physical distancing. Discourage workers from congregating during breaks and ensure they are not eating or drinking without face coverings within six feet of each other. • Reconfigure kitchens to maintain physical distancing in those areas where practical and, if not practical, stagger shifts, if possible, to do work ahead of time. • Discourage food preparation workers from changing or entering others’ workstations during shifts. • Discourage people from congregating in high traffic areas such as bathrooms, hallways, bar areas, reservation and credit card terminals, etc. • Establish directional hallways and passageways for foot traffic, if possible, to eliminate workers from passing by one another. • Require workers to not use handshakes, fist or elbow bumps, hugs, and similar greetings or other behaviors that break physical distance. Item 3-89 • Guests should enter through doors that are propped open or automated, if possible. Hand sanitizer should be available for guests who must touch door handles. • Adjust music volume so that workers can maintain distance from customers to hear orders and people can avoid speaking loudly or shouting. • Implement peak period queueing procedures, including a host to remind guests to queue with at least six feet of distance between parties outside or in waiting areas. • Avoid touching others’ pens and clipboards. If possible, install transfer- aiding materials, such as shelving and bulletin boards, to reduce person- to-person hand-offs. 1Additional requirements must be considered for vulnerable populations. Restaurants must comply with all Cal/OSHA standards and be prepared to adhere to its guidance as well as guidance from the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH). Additionally, employers should be prepared to alter their operations as those guidelines change. covid19.ca.gov \\\\\ ~ H llEIIJ Item 3-90 State of California-Health and HumanServices Agency CaliforniaDepartment of PublicHealth SANORASHEWRY, MPH,MSW GAVINN EWSOM ActingDirector Governor ERICAS. PAN,MD,MPH ActingStale Health OfliCIJr Regional Stay At Home Order 12/03/2020 Upon assessment of the recent, unprecedented rise in the rate of increase in COVID-19 cases, hospitalizations, and test positivity rates across California, the California Department of Public Health (CDPH) is taking immediate actions to prevent the spread of the virus. The State, like the nation, continues to record an unprecedented surge in the level of community spread of COVID-19. California implemented an accelerated application of the Blueprint Framework metrics on November 16 and a limited Stay at Home Order issued on November 19. However, in the interim, the number of new cases per day has increased by over 112%, {from 8,743 to 18,588) and the rate of rise of new cases per day continues to increase dramatically. The number of new hospital admissions has increased from 777 on November 15, to 1,651 on December 2, and because of the lag between case identification and hospitalizations, we can only expect these numbers to increase. Current projections show that without additional intervention to slow the spread of COVID- 19, the number of available adult Intensive Care Unit (ICU) beds in the State of California will be at capacity in mid-December. This is a sign that the rate of rise in cases, if it continues, is at risk of overwhelming the ability of California hospitals to deliver healthcare to its residents suffering from COVID-19 and from other illnesses requiring hospital care. ICU beds are a critical resource for individuals who need the most advanced support and care and the ability to add additional ICU capacity is limited by the lack of available ICU nurses and physicians as a result of the nationwide surge in hospitalizations and ICU admissions. Because the rate of increases in new cases continues to escalate and threatens to overwhelm the state's hospital system, further aggressive action is necessary to respond to the quickly evolving situation. While vaccines are promising future interventions, they are not available to address the immediate risks to healthcare delivery in the current surge. The immediate aggressive institution of additional non-pharmaceutical public health interventions is critical to avoid further overwhelming hospitals and to prevent the need to ration care. CDPH, MS 500 • P.O. Box 997377 • Sacramento, CA 95899-7377 (916) 558-1784 Department Website (www.cdph.ca.gov) Item 3-91 NOW, THEREFORE, I, as Acting State Public Health Officer of the State of California, order: 1. CDPH will evaluate public health based on Regions, responsive to hospital capacity for persons resident in those Regions. 2. CDPH will evaluate the adult ICU bed capacity for each Region and identify on covid 19.ca.qov any Regions for which that capacity is less than 15%. When that capacity is less than 15%, the following terms (the Terms of this Order) will apply. a. All gatherings with members of other households are prohibited in the Region except as expressly permitted herein. b. All individuals living in the Region shall stay home or at their place of residence except as necessary to conduct activities associated with the operation, maintenance, or usage of critical infrastructure, 1 as required by law, or as specifically permitted in this order. c. Worship and political expression are permitted outdoors, consistent with existing guidance for those activities. d. Critical infrastructure sectors may operate and must continue to modify operations pursuant to the applicable sector guidance. e. Guidance related to schools remain in effect and unchanged. Accordingly, when this Order takes effect in a Region, schools that have previously reopened for in-person instruction may remain open, and schools may continue to bring students back for in-person instruction under the Elementary School Waiver Process or Cohortinq Guidance. f. In order to reduce congestion and the resulting increase in risk of transmission of COVID-19 in critical infrastructure retailers, all retailers may operate indoors at no more than 20% capacity and must follow the guidance for retailers. All access to retail must be strictly metered to ensure compliance with the limit on capacity. The sale of food, beverages, and alcohol for in store consumption is prohibited. g. To promote and protect the physical and mental well-being of people in California, outdoor recreation facilities may continue to operate. Those facilities may not sell food or drink for on-site consumption. Overnight stays at 1 See https://covid19.ca.gov/essential-workfor¥el for full list of California's Critical Infrastructure workforce. Item 3-92 campgrounds are not permitted. h. Nothing in this Order prevents any number of persons from the same household from leaving their residence, lodging, or temporary accommodation, as long as they do not engage in any interaction with (or otherwise gather with) any number of persons from any other household, except as specifically permitted herein. L Terms (a) and (b) of this section do not apply to persons experiencing homelessness. 3. Except as otherwise required by law, no hotel or lodging entity in California shall accept or honor out of state reservations for non-essential travel, unless the reservation is for at least the minimum time period required for quarantine and the persons identified in the reservation will quarantine in the hotel or lodging entity until after that time period has expired. 4. This order shall take effect on December 5, 2020 at 1259pm PST. 5. For Regions where the adult ICU bed capacity falls below 15% after the effective date of this order, the Terms of this Order shall take effect 24 hours after that assessment. 6. The Terms of this Order shall remain in place for at least three weeks from the date the order takes effect in a Region and shall continue until CDPH's four-week projections of the Region's total available adult ICU bed capacity is greater than or equal to 15%. Four-week adult ICU bed capacity projections will be made approximately twice a week, unless CDPH determines that public health conditions merit an alternate projection schedule. If after three weeks from the effective date of the Terms of this Order in a Region, CD PH's four-week projections of the Region's total available adult ICU bed capacity is greater than or equal to 15%, the Terms of this Order shall no longer apply to the Region 7. After the termination of the Terms of this Order in a Region, each county within the Region will be assigned to a tier based on the Blueprint for a Safer Economy as set out in my August 28, 2020 Order, and the County is subject to the restrictions of the Blueprint appropriate to that tier. 8. I will continue to monitor the epidemiological data and will modify this Regional Stay-at-Home Order as required by the evolving public health conditions. If I determine that it is necessary to change the Terms of this Order, or otherwise modify the Regional Stay-at-Home Order, these modifications will be posted at covid19.ca.gov. Item 3-93 9. When operative in a Region, the Terms of this Order supersede any conflicting terms in other CDPH orders, directives, or guidance. Specifically, for those Regions with ICU bed capacity triggering this order, the Terms of this Order shall supersede the State's Blueprint for a Safer Economy and all guidance (other than guidance for critical infrastructure sectors) during the operative period. In all Regions that are not subject to the restrictions in this order, the Blueprint for a Safer Economy and all guidance shall remain in effect. 10. This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120175,120195 and 131080; EO N-60-20, N-25-20, and other authority provided for under the Emergency Services Act; and other applicable law. Erica S. Pan, MD, MPH Acting State Public Health Officer California Department of Public Health Item 3-94 3/11/2021 Supplement to Regional Stay At Home Order State of California-Health and Human Services Agency California Department of Sandra Shewry Public Health GAVINNEWSOM Acting Director Governor Erica S. Pan, MD, MPH Acting State Health Offiw December 6, 2020 TO: All Californians SUBJECT: Supplement to Regional Stay At Home Order On January 25, 2021, the Regional Stay at Home Order ended as a result of improvement of ICU projections throughout California. Note: This Supplemental Order accompanies the Regional Stay at Home Order. I, as Acting State Public Health Officer of the State of California, order as follows: 1. In order to ensure that California's grocery stores are able to safely deliver sufficient quantities of food to California households, it is necessary to ensure capacity for grocery stores. Therefore, in the Regions that are subject to my Regional Stay At Home Order of December 3, 2020, stand-alone grocery stores where the principal business activity is the sale of food may operate at 35% of capacity (based on fire department occupancy limits). All access to grocery stores must be strictly metered to ensure compliance with the limit on capacity. The sale of food, beverages, and alcohol for in- store consumption is prohibited. 2. The travel restriction in paragraph 3 of my Regional Stay At Home Order is applicable only when at least one Region has an adult ICU bed capacity of less than 15%, as set forth in paragraph 2 of that Order. 3. Paragraph 5 of my Regional Stay At Home Order is modified as follows: For Regions where the adult ICU bed capacity falls below 15% after the effective date of this order, the Terms of this Order shall take effect the next day after that assessment is made, at 11:59pm. 4. All other terms may remain in effect as stated in that Order. 5. This order is effective immediately and shall remain in effect as long as the Regional Stay At Home Order. Item 3-95 https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/supplement-regional-stay-at-home-order.aspx 1/2 3/11/2021 Supplement to Regional Stay At Home Order 6. This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120175,120195 and 131080; EO N-60-20, N-25-20, and other authority provided for under the Emergency Services Act; and other applicable law. Erica S. Pan, MD, MPH Acting State Public Health Officer California Department of Public Health California Department of Public Health PO Box, 997377, MS 0500, Sacramento, CA 95899-7377 Department Website (cdph.ca.gov) https:/Jwww.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/supplement-reglonal-stay-at-home-order.aspx Item 3-96 212 Blueprint for a Safer Economy Activity and Business Tiers ' - . 1 Widespread Moderate Minimal Tier 1 Tter3 Tier4 Open Open Open Open with modifications with modifications with modifications with modifications Outdoor gatherings only Indoor gatherings strongly Indoor gatherings strongly Indoor gatherings strongly with modifications discouraged, allowed with discouraged, allowed with discouraged, allowed with modifications modifications modifications • Max 3 households • Max 3 households • Max 3 households • Max 3 households Open Open Open Open Limited Services with modifications with modifications with modifications with modifications . -·-~""' Outdoor Playgroungs & Open Open Open Open Outdoor Recreational with modifications with modifications with modifications with modifications Faclllt~s •• ~~ ..,.. Open Indoors Open indoors Open indoors Open indoors Hair Salons ~ B,!rbershops with modifications with modifications with modifications with modifications 1 Item 3-97 -'"! -;-- - .,. • - - Widespread .- Moderate SECTORS Minimal Tier 1 · Tier3 Tier4 ~ -~ Open Indoors Open Indoors Open Indoors Open Indoors All Retail with modifications with modifications with modifications with modifications (including critical , • Max 25% capacity • Max 50% capacity lhfra_$tru.cture, except ~tandalo!l(! grocer~) 2 Item 3-98 ------=- - -- ~ - ~-. ~ Widespread · ·· : • · · '.. Moderate Minimal SECTORS Tier 1 .. Tier3 Tier4 Outdoor Only Open indoors Open indoors Open indoors with modifications with modifications with modifications with modifications • Max 25% capacity or • Max 50% capacity or • Max 50% capacity 100 people, whichever 200 people, whichever is fewer is fewer Outdoor Only Open lnd~rs Open indoors Open indoors ;;- With modifications with modifications with modifications with modifications • Max 25% capacity or • Max 50% capacity or • Max SO% capacity 100 people, whichever 200 people, whichever is fewer is fewer Open Open I Open Open with modifications with modifications with modifications with modifications • +Fitness centers • +Fitness centers • +Fitness Centers (50%) (+10%) (+25%) • +Spa facilities etc. • +Indoor pools Outdoor Only Open indoors Open indoors Open indoors I with modifications with modifications with modifications with modifications - - ~ Gyms and Fita:-ess Centers • Max 10% capacity • Max 25% capacity • +Saunas +Indoor pools +Steam rooms • +Climbing walls • • • Max 50% capacity 3 Item 3-99 - -- .. ~~~~, .;-:- - Widespread ---::.'~', ' Moderate Minimal SECTORS __;\, .1' ~ 1 ,; •r i Tier 1 · • •,. ' >.., • ~ Tier3 Tier4 - - -~--. Outdoor Only Open indoors Open indoors Open indoors with modifications with modifications with modifications with modifications • Max 25% capacity or • Max 50% capacity or • Max 50% capacity 100 people, whichever 200 people, whichever .. is fewer is fewer Outdoor Only Outdoor Only Open indoors Open indoors with modifications with modifications with modifications with modifications • Max 25% capacity • Max 50% capacity or indoors, or 100 people, 200 people indoors, whichever is fewer whichever is fewer Bars, Breweries, and ~ Closed Closed Open Outdoors Open indoors ' . Dlstlllerles .. with modifications - with modifications • Max 50% capacity (followrestauri rit -auldan'clt"!lfler.e meal"ls provid~d) - Outdoor Only Outdoor Only Open Indoors for naturally Open indoors for activities with modifications with modifications distanced activities with increased risk of proximity and mixing - e.g. e.g. with modifications with modifications • Kart Racing • Kart Racing • Max 25% capacity Max 50% capacity • Mini Golf • Mini Golf • Bowling Alleys • Arcade Games • Batting Cages • Batting Cages • • Ice and roller skating • Indoor playgrounds 4 Item 3-100 ~--.. 1' ' - -1 Widespread .._ · ~~-. Moderate Minimal SECTORS Tier 1 Tter3 Tier4 - - Outdoor Only Outdoor Only Open indoors Open indoors cardrooms, Sategite with modifications with modifications with modifications with modifications W~gerlng .. .. . • Max 25% capacity • Max 50% capacity Open indoors Open indoors Remote Remote with modifications with modifications • Encourage telework • Encourage telework Open Open Open Open • Without live audiences • Without live audiences • Without live audiences • Without live audiences • With modifications • With modifications • With modifications • With modifications Closed Closed Outdoors Only Outdoors Only • Max20% • Max25% • Regional visitors (120 • Regional visitors (120 miles) miles) • Advanced reservations • Advanced reservations only only • Assigned seating only • Assigned seating only • In-seat concessions • In-seat concessions only (No concourse only (No concourse sales) sales) 5 Item 3-101 , ~~----... ---~. I ' Widespread ~"':: ,.,._ ·· 't Moderate Minimal SECTORS r Tier 1 Tier3 Tier4 I Closed Closed Smaller Parks Open Larger Parks Open • 25% capacity or 500 • 25% capacity people, whichever is • Advanced reservations fewer only • Outdoor attractions only • In-county visitors only • A~vanced reservations only *Gatherings updated November 13, 2020 **Outdoor playgrounds and outdoor recreationa, facilities updated September 28, 2020 ***Personal care services, live audience professional sports and amusement parks updated October 20, 2020 6 Item 3-102 Linear Adjustment Factor Applied to Case Rate (>State Tier Unadjusted Case Avg + Pop>100K or as11ignmen Rate per 100,000, Item 3-103 Tuolumne• 31.4 31.4 1 8.1 115 52351 Maynotopen Ventura• 13.3 0.947 4.5 837 852747 May not open Yoto• 17.4 17.4 1 6.7 272 22361 2 May not open Yuba• 14.6 14.6 1 8.2 81 79290 May not open 'Sellools that have already re-opened if a county was in a less restrietive tier do not have to dose. However, if a sehool had not already reopened 10< in person instruction. it May not reopen until the county moves back to Tier 2 for 14 Item 3-104 The SAS System Health Equity Framework Current Data Week Tier and Metric Tiers for I Parameters for Data Week j Data Week 11-29-20 to 12-05-20 Case Rate Adjustment Fac:tors for Data Week 11·29-20 to 12-05_:20 11-29-20 to 12-05-20 7 Unear Tests per 100,000 l Case Rate Used Adjustment exd prisons, with far Tier Factor Apphecl to replaoed approved Adjusted Using Unadjusted Case Rate (>State county data (7-d;,y Ending Date of Previgus Tier Tier for Week Unear Case Rate per Avg+ Pop>100K ilY& 7-day lag) Week of Data: Final rier Assignment, 12- School 11-29-20 to 12· Test Positivity Adjustment (7- 100,000 exc:I or Alameda 12-14-2020 Reopen _ __:_3_3._7_-+__ 0 .588 _.....j.__ 661.0 1685886 Alpine• 12-14-2020 May Reopen 89.5 447.6 1117 May Not Amador 12-14-2020 11-09-2020 Reopen Sl.2 643.6 ------38531 May Not Butte 12-14-2020 10-19-2020 Reopen 38.2 0.824 __4_9o _ , May Not +"~ Calaveras 12-14-2020 10-26-2020 37.4 ---- 429.6 44289 Colusa 12-14-2020 SS.6 314.3 22593 Contra Costa 12-14-2020 11-09-2020 35.6 0.721 --4-- 564.4 ---1--1160099 Del Notte 12-14-2020 08-31-2020 Reopen 29.5 810.2 27S58 May Not El Dorado 12-14-2020 09-21-2020 Reopen __s_o. _2_-+--o.ss1 448.6 193098 May Not Fresno 12-14-2020 Reopen ------26.4 0.851 470.S 1032227 May Not Glenn 12-14-2020 Reopen 52.1 460.0 __ ...,____ 29348 _ Humboldt 12-14-2020 17.3 0.930 412.8 134098 Imperial 12-14-2020 84.1 0.786 ____ 517.4 _ __, __191649 Inyo•• 12-14-2020 34.8...... :__;;___ 426.6 18453 May Not Kern 12-14-2020 1--...... :66...... :.3_ _;___ 0.880 449.6 Kings 12-14-2020 10-12-2020 Reopen 57.9 0.575 670.4 lake 12-14-2020 ~:!p::t 373.9 64871 May Not Lassen 12-14-2020 Reopen 842.5 30065 ------May Not Los Angeles 12-14-2020 ----HReopen 84.4 0.500 930.1 10257557 Item 3-105 The SAS System - Madera 12-14-2020 08-31-2020 Reopen 0.963 389.4 160089 May Not Marin 12-14-2020 10-26-2020 Reopen 0.500 786.5 260800 v-p ~ Mariposa• 12-14-2020 May Reopen 630.2 17795 May Not Mendocino 12-14-2020 10-26-2020 Reopen 26.2 .. 88439 May Not Merced 12-14-2020 10-05-2020 Reopen 6S.6 0.698 :-tS81.0 May Not Modoc 12-14-2020 11-09-2020 Reopen 42.2 180.9 May Not Mono 12-14-2020 08-31-2020 Reopen 97.2 632.4 May Not Monterey 12-14-2020 08-31-2020 Reopen 59.9 0.765 532.4 May Not Napa 12-14-2020 10-19-2020 Reopen 47.S 0.500 895.3 May Not Nevada 12·14·2020 09-21-2020 Reopen 54.0 493.2 98710 May Not Orange 12-14-2020 09-07-2020 Reopen 55.2 0.773 526.8 I May Not Placer 12·14-2020 11-09-2020 Reopen 50.0 0.879 450.2 May Not Plumas 12-14-2020 10-26-2020 Reopen 40.6 484.3 18997 May Not Riverside 12-14-2020 12·0S-2020 10-19-2020 Reopen 92.2 0.705 576.2 2468145 May Not Sacramento 12-14-2020 11-09-2020 Reopen 53.9 0.817 495.l 1567975 May Not San Benito 12-14-2020 10-12-2020 Reopen 54.7 506.3 64022 May Not San Bernardino 12-14-2020 08-31-2020 Reopen 120.3 O.S01 723.8 2217398 May Not San Diego 12-14-2020 11--09-2020 Reopen S2.7 O.S59 681.7 3370418 May Not San Francisco 12-14-2020 10-19-2020 Reopen 23.9 0.500 997.S 892280 May Not San Joaquin 12•14•2020 09-28-2020 Reopen 68.4 0.806 May Not San Luis Obispo 12-14-2020 09-21-2020 Reopen 27.4 0.748 ~·545.4 ~ 278862-· f May Not San Mateo 12•14-2020 10-26-2020 Reopen 35 9 o.soo 960.8 778001 May Not Santa Barbara 12-14-2020 09-28-2020 Reopen 0.784 518.9 T May Not I Santa~ 2-14•2020 Reopen 46.2 0.S00 L 822.5 1967S85 Item 3-106 The SAS System May Not Santa Cruz 12-14-2020 I 11-09-2020 Reopen 37.S 0.500 736.6 273999 I------May Not Shasta 12.14-2020 Reopen 57.4 S03.8 17792S Sierra 12-14-2020 10-12-2020 ~ 3S7.7 311S May Not Siskiyou 12-14-2020 11--09-2020 Reopen _ 23.1 l 294.S 43956 May Not Solano 12-14-2020 09-21-2020 Reopen 37.4 0.794 May Not Sonoma 12-14-2020 08-31-2020 34.3 ------0.724 562.3 496668 Stanislaus 12-14-2020 10-0S-2020 Reopen 61.5 0.8071 502.4 562303 May Not Sutter 12-14-2020 Reopen 98.1 529.4 t 10~ Tehama 12-14-2020 69.0 435.0 ~ 5885 Tnnity 12-14-2020 Reopen 23.S 379.8----1--- 13354 May Not Tulare 12-14-2020 Reopen 494.1 484423 --+-- May Not Tuolumne 12-14-2020 Reopen 3 667.7 May Not :=f=""=-1 Ventura 12-14-2020 10-05-2020 Reopen 64.1 0.500 754.8 May Not Yolo 12-14-2020 Reopen 43.9 +--°.913 425.7 May Not Yuba 12-14-2020 10-05-2020 Reopen 68.6 408.6 79290 -Sma county· Held harmless, did nol exceed threshold for altemate case assessment L - "Newly assigned ta Purple tier Schools that have already re-opened ~ a county was 1n a less restrictive tier do not have to dose. However. ~ a school had not already reopened for 1n person instruction, it may not reopen until the county moves back to Tier 2 far 14 days. See SchooCs guidanoe. schools FAQs and coharting FAQs, Regional Stay at Horne order (SAHO) restrictions •Source: http://www dof ca.gav/Forecasting/Demographics/Projeclions/ Item 3-107 The SAS System Health Equity Framework Parameters for Data Week 01· Current Data Week Tier and Metric Tiers for case Rate Adjustment Factors for Data Week 01--03-21 to 0Ul9• 03-21 to 01--09- Data Week 01--03-21 to 01-09·21 21 21 ests per ·t-- 100,000 excl I prisons, with Linear replaced Adjustment approved case Rate Used factor Applied county data (7- forTier to Case Rate day avg, 7-day Adjusted Using Unadjusted (>State Avg+ lag) Health Equity I Ending Date of · Previous Tier • Tier for Week Unear case Rate per Pop>lOOKor Quartile Test Week of Data: Final Tier Assignment, 01· 01-03-21 to 01- Test Positivity Adjustment {7· 100,000 excl Alameda 01-18·2021 01--09-2021 10-12-2020 55.1 0.684 730.4 1685886 Alpine* 01-18-2021 01-09-2021 08-31-2020 38.4 792.9 1117 Amador 01-18-2021 01·09-2021 11-09-2020 36.7 563.6 38531 Butte 01-18-2021 01-09-2021 10-19-2020 0.981 464.4 217769 calaveras 01-18-2021 01-09-2021 10-26-2020 511.9 44289 Colusa 01-18-2021 01-09-2021 10-26-2020 87.9 335.8 22593 Contra Costa 01-18-2021 01-09-2021 11-09-2020 60.4 0.784 641.1 1160099 Del Norte 01-18-2021 01-09-2021 08-31-2020 18.7 579.0 27558 El Dorado 01-18·2021 01--09-2021 09-21-2020 49.3 1.026 419.1 193098 Fresno 0MS-2021 01-09-2021 09-28-2020 90.8 0.828 602.0 1032227 Glenn 01-18-2021 01-09-2021 10-26-2020 77.4 390.4 29348 l Humboldt 01-18-2021 01-09-2021 01-11-2021 0 .968 476.3 134098 Item 3-108 The SAS System Imperial 01-18-2021 01-09-2021 08-31-2020 71.9 0.973 471.5 Inyo 01-18-2021 01-09-2021 10-05-2020 90.6 522.6 18453 Kern 01-18-2021 01-09-2021 10-12-2020 90.4 0.964 479.7 927251 Kings 01-18-2021 01-09-2021 10-12-2020 108.5 0.711 706.2 156444 Lake 01-18-2021 01-09-2021 08-31-2020 60.6 582.3 64871 Lassen 01-18-2021 01-09-2021 09-21-2020 714.2 30065 Los Angeles 01-18-2021 01-09-2021 08-31-2020 150.7 0.500 1130.3 10257557 Madera 01-18-2021 01-09-2021 08-31-2020 81.4 0.925 515.0 160089 Marin 01-18-2021 01-09-2021 10-26-2020 40.4 0.500 897.0 260800 Mariposa• 01-18-2021 01-09-2021 09-21-2020 658.3 17795 Mendocino 01-18-2021 01-09-2021 10-26-2020 41.4 622.9 88439 Merced 01-18-2021 01-09-2021 10-05-2020 109.0 0.709 708.5 287420 Modoc 01-18-2021 01-09-2021 11-09-2020 28.6 232.2 9475 Mono 01-18-2021 01-09-2021 08-31-2020 111.5 639.5 13961 Monterey 01-18-2021 01-09-2021 08-31-2020 98.5 0.816 612.7 448732 Napa 01-18-2021 01-09-2021 10-19-2020 66.2 0.500 968.2 139652 Nevada 01-18-2021 01-09-2021 09-21-2020 30.2 410.6 98710 Orange 01-18-2021 01-09-2021 09-07-2020 99.7 0.673 - 740.7 3228519 Placer 01-18-2021 01-09-2021 11-09-2020 47.3 0.980 465.1 400434 Plumas 01-18-2021 01-09-2021 10-26-2020 549.7 18997 Riverside 01-18-2021 01-09-2021 10-19-2020 148.4 0.647 764.1 2468145 Item 3-109 The SAS System Sacramento 01-18-2021 01-09-2021 11-09-2020 54.6 0.893 543.8 1567975 San Benito 01-18-2021 01-09-2021 10-12-2020 126.1 836.8 64022 San Bernardino 01-18-2021 01-09-2021 08-31-2020 155.0 0.500 916.2 2217398 San Diego 01-18-2021 01-09-2021 11-09-2020 97.4 0.622 785.8 3370418 San Francisco 01-18-2021 01-09-2021 10-19-2020 38.5 0.500 1069.1 892280 San Joaquin 01-18-2021 01-09-2021 09-28-2020 88.7 0.865 S68.9 782545 San Luis Obispo 01-18-2021 01-09-2021 09-21-2020 6S.0 0.500 1094.2 278862 San Mateo 01-18-2021 01-09-2021 10-26-2020 62.9 0.500 1119.1 778001 Santa Barbara 01-18-2021 01-09-2021 09-28-2020 89.3 0.723 695.5 456373 Santa Clara 01-18-2021 01-09-2021 10-12-2020 67.3 0.500 958.5 1967585 Santa Cruz 01-18-2021 01-09-2021 11-09-2020 71.3 0.551 849.3 273999 Shasta 01-18-2021 01-09-2021 10-26-2020 49.0 1.013 432.9 17792S Sierra• 01-18-2021 01-09-2021 10-12-2020 9.2 357.7 3115 Siskiyou 01-18-2021 01-09-2021 11-09-2020 31.2 301.6 43956 Solano 01-18-2021 01-09-2021 09-21-2020 68.9 0.840 591.3 444255 Sonoma 01-18-2021 01-09-2021 08-31-2020 55.9 0.740 680.2 496668 Stanislaus 01-18-2021 01-09-2021 10-05-2020 81.3 0.850 581.7 562303 Sutter 01-18-2021 01-09-2021 10-12-2020 66.6 419.1 105747 Tehama 01-18-2021 01-09-2021 10-05-2020 62.7 358.2 65885 Trinity• 01-18-2021 01-09-2021 01-11-2021 7.5 171.2 13354 Tulare 01-18-2021 01-09-2021 08-31-2020 94.0 0.847 584.6 484423 Item 3-110 The SAS System Tuolumne 01-18-2021 01-09-2021 30.6 633.9 52351 Ventura 01-18-2021 01-09-2021 --- --· 153.1 0.500 1172.2 852747 0.525 872.6 223612 u - -··- ~ S:-4 792W •small county; Held harmless, did not exceed threshold for alternate case assessment ASource: http://www.dof,ca.gov/Forecasting/Demographics/Projections/ - Item 3-111