Vote Smart's Synopsis:

Vote to pass a bill that establishes restaurant opening rules during the COVID-19 pandemic.

Highlights:

• Specifies if this state has a test positivity rate of less than 3 percent for not less than 14 consecutive days, the emergency order must not place a limitation on indoor dining occupancy or on a meeting or event held at the qualified establishment (Sec. 2253a.a).

• Specifies if a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer can issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures in the emergency order to be followed by persons, including a local governmental entity, during the epidemic to ensure continuation of essential public health services and enforcement of health laws (Sec. 2453-1).

• Classifies "qualified establishment" as either of the following (Sec. 2253a-3.e):

• A food service establishment; and

• An event venue.

• Establishes if the area served by the local health department has a test positivity rate of 3 percent to not more than 7 percent for not less than 7 consecutive days, the emergency order must do all of the following (Sec. Sec. 2453a.c):

• Limit the indoor dining occupancy rate to 50 percent;

• Limit the consumption of food and beverages in the qualified establishment to a designated dining area where an individual is seated; and

• Limit the occupancy of a meeting or event held at the qualified establishment to 50 individuals per 1,000 square feet with a maximum of 250 individuals if the meeting or event is held indoors and a maximum of 500 individuals if the meeting or event is held outdoors.

• Establishes if the area served by the local health department has a test positivity rate of greater than 10 percent to not more than 15 percent for not less than 7 consecutive days, the emergency order must do all of the following (Sec. Sec. 2453a.d):

• Limit the indoor dining occupancy rate to 25 percent;

• Limit the consumption of food or beverages in the qualified establishment to a designated dining area where an individual is seated;

• Limit the occupancy of a meeting or event held at the qualified establishment to 15 individuals per 1,000 square feet with a maximum of 50 individuals if the meeting or event is held indoors and a maximum of 150 individuals if the meeting or event is held outdoors; or

• For the purposes of contact tracing, encourage the qualified establishment to maintain a record of the name and telephone number of each individual dining at the qualified establishment and the individual's date and time of entry into the qualified establishment.

• Requires the test positivity rates to be calculated as follows (Sec. 2453a-2):

• Divide the total number of positive test results for coronavirus in the area served by the local health department for a single day by the total number of tests performed for coronavirus in the area served by the local health department on that day; and

• Calculate the daily 7-day average of the results for the prior 7 consecutive days.

Full Bill Text