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HomeMy WebLinkAboutOrder No. 20-033 - Authorizing Temporary Outdoor Dining and Retail Areas (05-14-20) Order No. 20-033 mXIrDO AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR orn AUTHORIZING TEMPORARY OUTDOOR DINING AND RETAIL AREAS ° GJa_.my tQco WHEREAS, the St. Lucie County Administrator has made the following &)D o omaip determinations: o o -4 1. Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory o m illness that can spread among humans through respiratory transmission and presents with 0 o symptoms similar to those of influenza; and o 2. In late 2019, a new and significant outbreak of COVID-19 emerged in China; and 3. The World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and 4. In response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non-essential travel to or from those countries; and 5. On March 1, 2020, the Governor of the State of Florida issued Executive Order Number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and 6. On March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and 7. On March 7, 2020, the Governor of the State of Florida directed the Director of the Division of Emergency Management to activate the State of Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and 8. On March 9, 2020, the Governor of the State of Florida issued Executive Order Number 20-52 declaring that a state of emergency exists in the State of Florida as 1 a result of the spread of the COVID-19 virus and imminent threat to the health and welfare of the citizens of Florida. This Order was extended by Executive Order 20-114 for sixty days on May 4, 2020; and 9. The Governor issued Executive Order 20-112, Phase 1: Safe. Smart. Step by - Step Plan for Florida's Recovery, which provides measures to slowly re -open Florida effective May 4, 2020; and 10. Executive Order Number 20-112 allowed restaurants and food establishments licensed under Chapters 500 or 509, Florida Statutes, to have on -premises consumption of food and beverage, so long as they adopt appropriate social distancing measures and limit their indoor occupancy to no more than 25 percent of their building occupancy; and 11. Pursuant to Executive Order Number 20-112, outdoor seating is permissible with appropriate social distancing, such as maintaining a minimum of 6 feet between parties, only seating parties of 10 or fewer people and keeping bar counters closed to seating; and 12. Since the Governor has allowed restaurants to re -open per Executive Order 20-112, restaurants may need additional flexibility, consistent with that Order, in order to make service viable; and 13. The County wants to take all reasonable efforts to assist restaurants and retail establishments to open in a viable manner while helping protect the health & safety of County residents; and 14. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: Restaurants, food and retail establishments located in the unincorporated areas of 0 St. Lucie County, can provide outdoor seating and merchandising as follows: 1. Waiver of Temporary Use Permits. Temporary use permits or other permits required for such activities by those restaurants, food and retail establishments operating consistent with this Emergency Order and Governor's Executive Orders, shall be waived. 2. Temporary Outdoor Dining and Retail Area Requirements. Site plan restrictions governing temporary outdoor dining and retail areas shall be waived for restaurants, food and retail establishments operating consistently with this Emergency Order and Governor's Executive Orders within the limitations set forth below: a. Temporary outdoor dining and retail areas shalt not block entrance or exit ways, fire lanes, fire hydrants, or any other aspect of public safety. b. Except as noted in this Emergency Order, temporary outdoor dining and retail areas shall not block streets, driveways, parking lot lanes, parking areas, or anywhere that impedes access or poses a conflict between diners and vehicular traffic. C. Temporary outdoor dining and retail areas located within a parking area shall utilize a temporary physical barrier to separate the dining and retail from the remaining parking. d. Temporary outdoor dining and retail areas shall not block any drainage or utility areas or impede the operation and maintenance of these areas. e. Temporary outdoor dining and retail areas shall comply with all applicable Florida Fire Prevention Code and public health department requirements. f. Temporary outdoor dining and retail areas shall comply with all applicable provisions of Governor's Executive Orders. g. Temporary outdoor dining and retail areas shall comply with all regulations, guidelines, and requirements under the American with Disabilities Act. h. Temporary outdoor dining and retail areas shall comply with all social distancing recommendations from the CDC, the Governor, the State Surgeon General and the State Health Officer to limit the spread of COVID-19. 3 i. Temporary outdoor seating for restaurants shall comply with all state and local safety and sanitary regulatory standards and laws relating to food service. 3. Contract Infringement. This Emergency Order shall not infringe on any contractual obligations between a landlord and tenant which relate to the tenant's authority to utilize outdoor space for temporary outdoor dining and retail areas. SeverabWty. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. This Order is effective as of 12:00 a.m. on the 14t" day of May 2020. This Order will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. This Order is in addition to the Executive Orders issued by Governor DeSantis. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. This Order shall be filed in the Office of the Clerk of the Circuit Court. Signed this day of May 2020 at i ® (a.m.(P.m.) 4