HomeMy WebLinkAbout2020-04-25 Emergency Order Protection of Grocery and RetailCITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
PROTECTION OF GROCERY AND RETAIL DRUG STORE
EMPLOYEES AND CUSTOMERS
April 25, 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 State of California imposed a "shelter in
place" order, which required all persons in California to stay at home, unless they are
essential workers; 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. In order to ensure worker and customer safety, the following protective
measures shall be implemented in all grocery and drug retail stores within the
City of Palm Springs. For purposes of this order, "grocery stores" shall include
retail operations that include a significant portion of floor area to groceries. In
addition, "drug retail stores" shall include licensed cannabis dispensaries.
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(A) Limit the number of consumers in a store at any given time to 40 percent
of the store's occupancy limit. The remainder of this order is effective
immediately, provided however, that the occupancy limit provided in this
subparagraph (A) shall be effective upon confirmation by the City Fire
Department of the existing occupancy limit for each location and
notification of such occupancy limit to each location.
(B) For stores with two (2) public entrances, designate one entrance and one
exit for such store, in order to help with crowd control.
(C) One employee must be assigned to the entrance and exit of a store, to
help mitigate the amount of customers inside the store at any given time.
(D) Maintain personnel onsite to enforce social distancing measures and to
safeguard employees from unruly customers. In the event that the
Emergency Services Director finds that store personnel cannot, or are not,
adequately enforcing such rules, the Emergency Services Director may,
on a case by case basis or on a City-wide basis, require stores to engage
licensed security guards to perform such functions.
(E) Companies should allow for sufficient amount of time overnight to allow for
stores to be properly sanitized and restocked.
(F) Install Plexiglas shields at all points of sale whenever possible.
(G) Follow all Cal -OSHA guidelines.
(H) Inform all employees, in writing, of what precautions will be taken when an
employee tests positive for COVID-19 and, to the best of its ability, inform
affected employees without violating HIPPA when a coworker within a
store tests positive for COVID-19.
(1) Provide non -medical face covering, hand sanitizer and gloves for
employees, at the expense of the employer.
(J) Allow paid time for employees to wash hands as specified by Cal -OSHA
guidelines.
(K) Stores shall adhere to a policy of not serving any person who is not
wearing a face covering.
(L) Placing tape or other markings at least six feet apart in customer line
areas, whether inside or outside of the building (including on any
sidewalks at the public entrance of the store), with signs directing
customers to use the markings to maintain distance.
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2. IT IS FURTHER DECLARED AND ORDERED, that all businesses covered by
this order shall clearly post signs outside of the store, and in the store, to
remind people to:
(A) Recommend having one household member shop at a time.
(B) Adhere to social distancing throughout the store — not just at check out.
(C) Properly discard their own PPE. Do not leave it in the stores or shopping
carts.
(D) Adhere to limits of people in stores.
(E) Adhere to special shopping times for seniors.
(F) Treat employees with respect. If a customer is concerned with an item
being out of stock, please visit the service desk.
(G) Remind customers that they must wear face coverings.
IT IS FURTHER DECLARED AND ORDERED, that the City's code enforcement
or peace officers shall be authorized to enforce this order. Such enforcement shall
begin with informing essential businesses of the requirements of this order. It shall be
the responsibility of every owner and operator of any Essential Business to comply with
this order. In the event an Essential Business is found in violation of this order, after
previously being informed of the requirements of this order, the City may impose
administrative fines, pursuant to Palm Springs Municipal Code sections 1.06.040 and
2.20.100 and City Council Resolution 24738, dated March 19, 2020. 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. In addition, continued
violations of this order may result in the closure of any business that violates this order.
IT IS FURTHER DECLARED AND ORDERED, this order is a temporary
emergency measure, which is effective immediately and shall remain in effect unless
and until modified or superseded by the Director of Emergency Services, City Council or
any county, state or federal order or declaration.
April 25, 2020
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
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