Executive Order 2020-007

Amending and Restating Executive Order 2020-006 Which Amended Executive Order 2020-005, Which Amended Executive Order 2020-003, Prohibiting Large Gatherings and Events, Closing Places of Assembly and Social Distancing Rules and Allowing Temporary Permitted Activities Concerning Food and Alcoholic Beverage Service Establishments

Whereas, A state of emergency and catastrophic health emergency was proclaimed on March 5, 2020 by Governor Larry Hogan of the State of Maryland;

Whereas, On March 13, 2020, a state of emergency was declared by County Executive John A. Olszewski, Jr., to control and prevent the spread of COVID-19 within Baltimore County, Maryland ("the County"), and the state of emergency still exists;

Whereas, COVID-19, an infectious and contagious respiratory disease that spreads easily from person to person and may result in serious illness or death, is a public health catastrophe and has been confirmed in the County, therefore the County may take such action as is necessary to maintain health and control and prevent the spread of any contagious or infectious diseases within the jurisdiction;

Whereas, To reduce the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend canceling large gatherings and social distancing in smaller gatherings;

Whereas, The currently known and available scientific evidence and best practices support limitations on large gatherings and the use of social distancing to prevent exposure and transmissions, and reduce the transmission to especially vulnerable populations, including older individuals and those with chronic health conditions, through social distancing and the use of face coverings;

Whereas, Pursuant to Baltimore County Code, 3-1-504, the County Executive hereby has all authority necessary to protect the health, safety, and welfare of persons within the County to control the spread of COVID-19 including, but not limited to, the right to control traffic, including public and private transportation, designate zones in which the occupancy and use of buildings and vehicles may be controlled; establish requirements to shelter in place, control the sale, transportation, and use of alcoholic beverages, control individuals on public streets, and control places of amusement and places of assembly;

Whereas, Nothing herein shall be construed to limit or conflict with any order or authority of the local Health Officer;

Whereas, To reduce the threat to human health caused by the transmission of COVID-19 in the County, and to protect and save lives, it is necessary and reasonable that individuals in the County refrain from congregating in a manner that may exacerbate the spread of COVID-19, such as, but not limited to, a physical environment in which large numbers of people are in close proximity and have multiple opportunities for close contact with one another that facilitates the spread of COVID-19;

Whereas, In order to protect the public health, welfare, and safety, prevent the transmission of novel coronavirus, control the spread of COVID-19, and save lives it is necessary to control and direct the movement of individuals in the County, including those on the public streets; and

Whereas, It is necessary to control and direct in the County the occupancy and use of buildings and premises, as well as places of amusement and assembly and the sale, transportation, and use of alcoholic beverages;

Whereas, On March 19, 2020, the local Health Officer, finding it necessary for the prevention and control of COVID-19, issued a Health Department Directive and Order for Social Distancing, Inspection of Premises and Closure of Business, and in so doing, consistent with then issued interim CDC guidelines and Order No. 20-03-19-01 issued by Governor of the State of Maryland, ordered that any mass gatherings and events, including but not limited to all social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events, of more than 10 people are hereby prohibited; and

Whereas, On May 13, 2020, the Governor of the State of Maryland issued Order No. 20-05-13-01 lifting certain restrictions and permitting local jurisdictions and local health officers to extend restrictions based upon the need to contain the spread of COVID-19; and

Whereas, On May 27, 2020, the Governor of the State of Maryland issued Order No. 20-05-27-01 further lifting certain restrictions related to gatherings, business organizations, establishments and facilities, while continuing to permit local jurisdictions and local health officers to extend restrictions based upon the need to contain the spread of COVID-19; and 

Whereas, The County acknowledges that COVID-19 continues to be present in Baltimore County and poses a serious risk to the public health, safety and welfare, but that significant progress has been made in testing, building up contact tracing infrastructure and bending the curve; and

Whereas, The County desires to support local business organizations, establishments and facilities and assist them in increasing revenues and employment opportunities which will help stimulate the economy, and the County desires to support workers by ensuring the availability of safe employment opportunities;

Now, therefore, I, John A. Olszewski, Jr., County Executive of Baltimore County, Maryland, by virtue of the authority vested in me by Section 3-1-504 of the Baltimore County Code, and in effort to continue to control and prevent the spread of COVID-19 within Baltimore County do hereby order that:

1. Executive Order 2020-003 dated March 16, 2020, entitled "Prohibiting Large Gatherings and Events, Closing Places of Assembly and Social Distancing Rules," as amended and restated by Executive Order 2020-005 dated May 15, 2020, as amended and restated by Executive Order 2020-006 dated May 22, 2020, is further amended and restated in its entirety as set forth herein.

2. Religious Facilities.
   Churches, synagogues, mosques, temples, and other similar religious facilities of any faith in the State of Maryland ("Religious Facilities") may open to the general public, provided, however, religious leaders should do everything possible to keep their congregants safe and the total number of persons permitted in a Religious Facility at any one time shall not exceed 50 percent of that Religious Facility's Maximum Occupancy (defined below).

3. Retail Establishments.
   Retail businesses, organizations, establishments, and facilities in Baltimore County that principally sell goods and services ("Retail Establishments") may open to the general public, provided, however, that the total number of persons permitted in a Retail Establishment at any one time shall not exceed 50% of that Retail Establishment's Maximum Occupancy (defined below). This applies to all Retail Establishments outside of those considered essential under the state's orders. Curbside pickup and delivery remain strongly encouraged, and all public health precautions should remain in place. Shopping malls must continue to stay closed except for Retail Establishments that can be accessed from the outside.
   
   All Retail Establishments that open for business pursuant to this Executive Order must enforce at least six foot social distancing practices. These Retail Establishments shall require staff to wear, and those staff shall wear, face coverings while working with the customers and in instances which interactions with other staff are likely. All individuals who are over two years of age who are customers at a Retail Establishment are required to wear face coverings while at the Retail Establishment.

4. Personal Services Establishments.
   The following personal services establishments may open to the general public:

   1. beauty salons, but only to provide hair services and provide hair services—blow drying, as described in Title 5 of the Business Occupations Article of the Maryland Code; and

   2. barber shops.
      
      All customers over the age of two are required to wear Face Coverings while inside any beauty salon or barbershop, except to the extent wearing a Face Covering would make it impossible for services to be performed.
      
      In addition, beauty salons and barbershops shall:

      1. require staff to wear Face Coverings while in areas open to the general public and areas in which interaction with their staff is likely;

      2. provide services on an appointment basis only;

      3. not allow the number of persons in the establishment to exceed 50 percent of the Personal Service Establishment's Maximum Occupancy (defined below); and

      4. after providing services to each customer, clean and disinfect the area in which services were performed in accordance with applicable guidance from the CDC and MDH and the Baltimore County Health Department.

      5. Other personal services establishments shall remain closed until further notice unless otherwise set forth herein.

5. Determination of Maximum Occupancy. "Maximum Occupancy" means:

   1. The maximum occupancy load of the facility or establishment under the Baltimore County Fire Code, as set forth on a certificate issued for the facility by a Baltimore County Fire Code official; or

   2. If no such certificate has been issued for the facility or establishment by a Baltimore County Fire Code official, the maximum occupancy of the establishment pursuant to applicable laws, regulations, and permits.

6. Manufacturing Businesses and Facilities 

   1. Manufacturing businesses and facilities that were not previously designated as an essential business and open may resume operations in a safe manner which protects the health and safety of staff, and must have guidelines in place encouraging multiple and/or staggered shifts and other safety precautions. This includes the practice of social distancing as well as the use of personal protective equipment (PPE) and face coverings.

   2. In addition, there must be on the premises hand sanitizer and/or facilities to provide staff with the capability to wash their hands.

   3. Manufacturing businesses and facilities shall be closed to the general public.

7. Food Service Establishments.

   1. Effective as of 5:00 p.m. on May 29, 2020, the following food service establishments that currently hold valid food and/or beverage licenses/permits may, to the extent permitted by applicable law, regulations, permits (including any terms and conditions contained therein), and approvals, (i) serve food and beverages to customers for consumption in outdoor seating areas; (ii) sell food and beverages that are promptly taken from the premises, i.e., on a carry-out or drive-through basis; and/or (iii) deliver food and beverages to customers off the premises:

      1. Restaurants, bars, and other similar establishments that sell food or beverages for consumption on-premises in Maryland ("Restaurants and Bars"), and

      2. Social and fraternal clubs (including without limitation, American Legion posts, VFW posts, and Elks Clubs) ("Social Clubs") with dining facilities, and

      3. Exceptions regarding the requirement of food service with the sale of alcoholic beverages will be made on a case by case basis for businesses operating with Manufacturer's Licenses as defined in the Alcoholic Beverages Article, Title 2, Subtitle 2 and Title 13, Subtitle 4 of the Annotated Code of Maryland.

   2. Restaurants and Bars and Social Clubs and other approved establishments that serve food and alcoholic beverages to customers in outdoor table service areas shall:

      1. require all staff to wear Face Coverings, in accordance with the Governor's Face Coverings Order No. 20-04-15-01, dated April 15, 2020;

      2. ensure patrons are seated at least six feet away from each other, except for households seated together;

      3. not allow groups larger than six persons to be seated together, except members of the same household;

      4. not serve food in a buffet format; and 

      5. clean and disinfect each table between each seating in accordance with CDC, MDH and Local Health Officer guidelines, using cleaning products that meet the criteria of the U.S. Environmental Protection Agency for use against COVID-19.

   3. Maximum Occupancy Load for outdoor table service for the Restaurants and Bars and Social Clubs and other approved establishments shall be as set forth in:

      1. The Occupant Load Capacity Certificate issued for the facility by the Baltimore County Fire Department; or

      2. If no such certificate has been issued for the facility by the Baltimore County Fire Department, the maximum occupancy of the facility pursuant to applicable laws, regulations, and permits.

   4. To facilitate an expedited approval process for outdoor table service:

      1. Any permit or licensing fees normally required for the issuance of permits, including but not limited to, Temporary Use Permits for Outdoor Table Service, Tent Permits, Temporary Road Closure Permits, and (Sidewalk Dining) Use Permits, are hereby temporarily waived.

      2. Any zoning conditions, restrictions and requirements in the Baltimore County Code, 2015, as amended, and Baltimore County Zoning Regulations, 2018, as amended, regarding conforming and permitted uses associated with outdoor table service are hereby temporarily relaxed as they may relate, but not limited to, expansion into sidewalks, public right-of-way, parking lots, building frontage, or other approved locations. Notwithstanding the relaxation of zoning requirements, a permit is still required for such outdoor table service.

      3. For any Restaurant and Bar, Social Club or other approved establishment with an existing sidewalk dining use permit which has been extended pursuant to Executive Order 2020-004 dated March 16, 2020 entitled "Extending Certain Licenses, Permits, Registrations, And Other Governmental Authorizations, Authorizing, Suspension of Legal Time Requirements, and Handling of Essential Government Business of County Boards, Commissions and/or Committees", who applies for a Temporary Use Permit for Outdoor Table Service, the newer permit shall supersede the existing one.

      4. As it relates to certain License Agreements for Restaurants and Bars, Social Clubs and other approved establishments to locate on County-owned property (not including sidewalks or right of way), authority is hereby temporarily delegated to the Director of Permits, Approvals and Inspections solely for the purpose of executing the aforementioned License Agreements for outdoor table service. Any fees for License Agreements are hereby temporarily waived. 

   5. Outdoor table service must cease and the outdoor table service area must be vacated no later than 11:00 p.m., Monday through Sunday.

   6. Nothing in this Order shall be interpreted to mean that any applicable food service and alcohol beverage laws and regulations have been relaxed, superseded or voided by this Order.

8. Drive-In Movie Theaters. Drive-in movie theaters may reopen with appropriate State health and safety guidelines.

9. Outdoor Youth Sports. Outdoor youth sports may resume in accordance with CDC guidelines and State requirements.

10. Outdoor Youth Day Camps. Outdoor youth day camps may resume in accordance with CDC guidelines and State requirements, which includes the Secretary of the Maryland Department of Health's Directive and Order Regarding Youth Camp Programs, No. MDH 2020-05-27-02.

11. Outdoor Swimming Pools. Outdoor swimming pools may reopen with strict safety guidelines and State requirements, which includes the Secretary of the Maryland Department of Health's Directive and Order Regarding Swimming Pools, No. MDH 2020-05-27-01.

12. Residents should continue to stay home when possible. Older and more vulnerable residents, and those who live with them, are strongly advised to stay home whenever possible. Residents and visitors should practice safe physical distancing and wear masks in public, and frequently wash their hands and sanitize high-touch areas. Employers should continue to encourage telework for their employees when possible. Individuals who can work from home should continue to do so.

13. The local Health Officer is authorized further to adopt rules and/or regulations, as needed, to prevent the spread of COVID-19 and protect public health and safety. The local Health Officer may issue orders modifying any business operation or closing any unsafe facility if the Health Officer determines that a specific business operation or facility poses an unreasonable risk of exacerbating the spread of COVID-19, which would include an unreasonable risk deemed to be the result of non-compliance with Social Distancing Guidelines.

14. A copy of this Executive Order shall be made available online at www.baltimorecountymd.gov for the public.

15. Each law enforcement officer and local Health .Officer of the County shall execute and enforce this Executive Order.

16. This Order remains effective until rescinded, superseded, amended, or revised by additional orders.

17. The expiration of this Order will not affect the January 31, 2021 expiration date for any temporary outdoor table service use permits issued by the County.

18. The effect of any local statute, rule, or regulation of an agency and/or department of the County inconsistent with this Executive Order is hereby suspended.

Issued under my hand this 29th day of May, 2020, effective at 5:00 p.m. May 29, 2020.

Signed: 

John A. Olszewski, Jr., Baltimore County Executive

Attest:

Dawn Kile, Executive Secretary

Reviewed for Form and Legal Sufficiency and approved for Execution:

James R. Benjamin, Jr., County Attorney