By: Barbara Snider, Hinman & Carmichael LLP
With so many directives and changes being announced, stay updated. This post is for all San Francisco “essential businesses” and the new San Francisco Shelter in Place (SIP) Order issued March 31, 2020 replacing the March 17, 2020 Order. Yesterday Sonoma County issued a similar SIP order, and we expect to see the order expanded to other counties in California.
The new SIP Order not only extends and tightens the stay safe at home restrictions for another 26 days, through May 3, 2020, but also clarifies and limits what businesses constitute “Essential Businesses”. This new Order only applies in San Francisco City and County but similar orders are expected in other counties throughout the state.
The new order states:
· Essential businesses must maximize the number of employees who work from home and must generally scale down operations not considered essential.
· Businesses that sell food, groceries, or cleaning products combined with nonessential products may continue to operate only if the portion of essential products they sell is a significant part of their business.
· Businesses that supply products for people to work at home are no longer Essential Businesses under this new order and must close stores in San Francisco open to the public.
· The Order also provides that only certain limited types of construction may continue: healthcare projects directly related to addressing the COVID-19 pandemic, housing and mixed use projects that includes at least 10% affordable housing, projects that provide services to vulnerable populations, projects required to maintain safety, sanitation, and habitability of residences and commercial buildings.
· Restaurants and other facilities that prepare and serve food are Essential Businesses only if the food is for delivery or carry out.
· Businesses that supply other Essential Businesses with the support or supplies necessary to operate may operate only if they support or supply these Essential Businesses. The Order specifically states this exemption may not be used for engaging in sales to the general public from retail storefronts.
· Other than the clarifications and changes noted above regarding which services are no longer considered an Essential Business, the definition of Essential Businesses has not been changed.
For this Order, all Essential Businesses must prepare and post by no later than 11:59 p.m. on April 2, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees.
· The Social Distancing Protocol must be substantially in the form attached to the Order as Appendix A. A link to this form is below.
· The Social Distancing Protocol must be posted at or near the entrance of the facility and shall be easily viewable by the public and employees.
· A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility.
· All Essential Businesses must implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Social Distancing Protocol must explain how the business is achieving the following:
i. Limiting the number of people who can enter the facility at any one time to ensure that people in the facility can easily maintain a minimum six-foot distance from one another at all times, except as required to complete the Essential Business activity.
ii. Where lines may form at a facility, marking six-foot increments at a minimum, establishing where individuals should stand to maintain adequate social distancing;
iii. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees, and in locations where there is high frequency employee interaction with members of the public (e.g., cashiers);
iv. Providing for contactless payment systems or, if not feasible to do so, the providing for disinfecting all payment portals, pens, and styluses after each use;
v. Regularly disinfecting other high-touch surfaces;
vi. Posting a sign at the entrance of the facility informing all employees and customers they should: avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into one’s elbow; and not shake hands or engage in any unnecessary physical contact.
The new Order’s form for this notice can be accessed here: