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MINNESOTA DEPARTMENT OF HEALTH

Frequently Asked Questions: Bars, Restaurants, and Other Places

of Public Accommodation

INFORMATION ON RECENT EXECUTIVE ORDERS FOR THE HOSPITALITY INDUSTRY AND ITS REGULATORY AGENCIES

12/24/2020

At this time, in accordance with Executive Order 20-103 (EO), activities are limited as described below for three weeks from Friday, Dec. 18, 2020, at 11:59 p.m. through Sunday, Jan. 10, 2021, at 11:59 p.m.

Update since Dec. 16, 2020: Executive Order 20-104 allows swimming pools to open for the limited purpose of lap swim, lessons, and organized sports activities beginning Sunday Jan. 3, 2020 at 11:59 p.m., through Sunday, Jan. 10, 2021.Frequently asked Questions about all Executive Orders may have additional clarifications about requirements and recommendations. See Frequently Asked Questions about Stay Safe MN (covid19/for-minnesotans/stay-safe-mn/faq.jsp) or Stay Safe Guidance for Businesses and Organizations (staysafe.industry-guidance/index.jsp)

Executive Order 20-103

Executive Order requirements

The full Executive Order with all requirements can be found at Executive Orders from Governor Walz (governor/news/executiveorders.jsp).

Social gatherings limited. Social gatherings are limited as stated in Stay Safe in Social Gatherings (staysafe.individuals-families/social-gatherings.jsp). Most commercial activities are not considered social gatherings, so this change will not impact most industries.

Masks and face coverings required. Executive Order 20-81, requiring face coverings in certain settings, remains in full force and effect except as modified by EO 20-103. See Face Covering Requirements and Recommendations under Executive Order 20-81 (health.state.mn.us/diseases/coronavirus/facecover.html).

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FAQ FOR HOSPITALITY INDUSTRY AND REGULATORY AGENCIES

People at higher risk. All people currently living within the State of Minnesota who are at higher risk of severe illness from COVID-19, as defined by Executive Order 20-55, are strongly urged to stay at home or in their place of residence and follow the provisions of Executive Order 20-55.

Work from home. All people who can work from home must continue to do so. Businesses and activities are affected differently. For a full listing of all business and activity

requirements and limitations, see the full executive order at Executive Orders from Governor Walz (governor/news/executiveorders.jsp). Many, but not all, businesses will have to pause in-person activities for the next three weeks. Please review the guidance below for industry-specific requirements.

EO requirements for Frequently Asked Questions: Bars, Restaurants, and other Places of Accommodation

All businesses and organizations must develop and implement a COVID-19 Preparedness Plan in accordance with applicable guidance on Stay Safe MN (staysafe.). This document outlines the requirements and topics that the COVID-19 Preparedness Plan must address and answers frequently asked questions related to recent Executive Orders, issued in response to the COVID-19 Pandemic, that apply to places of public accommodation, as defined in Executive Order 20-103 (leg.state.mn.us/archive/execorders/20-103.pdf). All Executive Orders are posted online at the Minnesota Legislature Reference Library (leg.state.mn.us/lrl/execorders/eoresults?gov=all).

The following types of establishments licensed through the Minnesota Department of Health (MDH), Minnesota Department of Agriculture (MDA), and their delegated programs are impacted by these recent Executive Orders:

Retail food and beverage establishments (Page 5) Lodging establishments (Page 10) Public swimming pools and spas (Page 11) Manufactured home parks (Page 12) Recreational campgrounds (Page 13) Youth camps (Page 14)

Owners and operators of licensed establishments in Minnesota can find contact information for their jurisdiction in the Minnesota State and Local Food, Pools, and Lodging Services Contacts (health.state.mn.us/communities/environment/food/docs/license/locals.pdf) or by calling MDH at 651-201-4500.

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FAQ FOR HOSPITALITY INDUSTRY AND REGULATORY AGENCIES

Informational resources for Minnesota businesses

The Minnesota Department of Employment and Economic Development (DEED) and Department of Labor and Industry (DLI) provide information and tools that can help businesses understand and meet some requirements of recent Executive Orders.

Updates Related to COVID-19 (dli.updates) COVID-19 Preparedness Plan template and instructions for bars, restaurants and other services.

Stay Safe Guidance for Businesses & Organizations (staysafe.industry-guidance/index.jsp) Business and Organization guidance for safely reopening.

Face coverings

As of July 25, 2020, people in Minnesota are required to wear a face covering in all indoor businesses and public indoor spaces, per Executive Order 20-81. Additionally, the Executive Order requires workers to wear a face covering when working outdoors in situations where social distancing cannot be maintained.

The Executive Order includes exemptions for people who are unable to wear or tolerate a face covering due to medical or mental health conditions or other reasons.

If a food service worker is unable to wear a face covering for one of the reasons listed above, or because of work conditions that would make wearing a face covering difficult or unsafe (e.g., due to high temperatures), workers may use face covering alternatives, such as a face shield.

There are also situations in which a face covering may be temporarily removed, such as when swimming, eating, or drinking, provided that social distancing is maintained between members of different parties. Do not allow swimming with cloth face coverings on. Cloth face coverings can make it difficult to breathe when wet, increasing the risk of drowning.

For more information about face covering requirements and exemptions visit:

Masks and face coverings (health.state.mn.us/diseases/coronavirus/prevention.html#masks) Face Covering Requirements and Recommendations under Executive Order 20-81

(health.state.mn.us/diseases/coronavirus/facecover.html) Frequently Asked Questions About the Requirement to Wear Face Coverings

(health.state.mn.us/diseases/coronavirus/facecoverfaq.html)

Employee illness

Should businesses screen employees for COVID-19 symptoms?

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FAQ FOR HOSPITALITY INDUSTRY AND REGULATORY AGENCIES

You must screen all employees before they enter your business. Use the Visitor and Employee Health Screening Checklist (health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf) to screen for COVID-19. You must keep information on employee health (including symptoms of COVID-19) confidential in accord with state and federal law. For more information, refer to DLI's informational resources about Worker Rights and Protections (dli.workers/worker-rights-and-protections).

If staff had close contact with someone with diagnosed or suspected COVID-19, has COVID-19 symptoms or tested positive for COVID-19, follow MDH's guidelines for COVID-19: When to Return to Work (health.state.mn.us/diseases/coronavirus/returntowork.pdf).

What should businesses do if an employee tests positive for COVID-19?

Employers should be aware that employees with a confirmed COVID-19 test or employees with symptoms including fever, cough, shortness of breath, chills, headache, muscle pain, sore throat, or loss of taste or smell must STAY HOME and NOT REPORT TO WORK. Employers should know that employees must follow MDH's guidelines for COVID-19: When to Return to Work (health.state.mn.us/diseases/coronavirus/returntowork.pdf).

Under Minnesota State Law, Minnesota Statutes, section 144.4196 (revisor.statutes/cite/144.4196/pdf), employers may not discharge, discipline, threaten, penalize or otherwise discriminate in the work terms, conditions, location, or privileges of an employee for missing work if MDH recommends that the employee quarantine or isolate.

To prevent the spread of COVID-19, employee's close contacts need to follow precautions at home and in the community. Close contacts and household members should actively monitor for symptoms listed on MDH's About COVID-19 (health.state.mn.us/diseases/coronavirus/basics.html) website.

For more information, see Close Contacts and Tracing: COVID-19 (health.state.mn.us/diseases/coronavirus/close.html) and Quarantine Guidance for COVID-19 (health.state.mn.us/diseases/coronavirus/quarguide.pdf).

For additional guidance, refer to the Center for Disease Control and Prevention's (CDC) Public Health Guidance for Community Related Exposure (coronavirus/2019-ncov/php/public-healthrecommendations.html).

Employers are responsible for maintaining a safe and healthy work environment as required by the Occupational Safety and Health Act of 1970 (laws-regs/oshact/section5-duties). Employers must follow all requirements set forth on the Stay Safe Guidance for Businesses & Organizations (staysafe.industry-guidance/index.jsp) website. Employers should also be aware that worker protections are available to individuals at higher risk of severe disease from COVID-19 (see Executive Order 20-55).

More information on state and federal laws that protect worker's rights can be found at:

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FAQ FOR HOSPITALITY INDUSTRY AND REGULATORY AGENCIES

Worker protections related to COVID-19 (dli.sites/default/files/pdf/MN_worker_protections_related_to_COVID_19.pdf) from DLI

Stay Safe MN (staysafe.) COVID-19 and Civil Rights (mdhr/news-community/covid-19/) from Minnesota Department

of Human Rights

Are restaurant and hospitality employees covered by critical infrastructure recommendations related to isolation and quarantine?

In Minnesota, restaurants and hospitality are not part of critical infrastructure. A 14-day quarantine is recommended for people who have been exposed to COVID-19. In some circumstances, a shortened quarantine period may be possible.

For more information, see Close Contacts and Tracing: COVID-19 (health.state.mn.us/diseases/coronavirus/close.html) and Quarantine Guidance for COVID-19 (health.state.mn.us/diseases/coronavirus/quarguide.pdf).

Retail food and beverage establishments

Onsite consumption is prohibited indoors

These establishments must stop all food and beverage service for all onsite consumption indoors:

Restaurants, food courts, cafes, coffeehouses, bars, taverns, brewer taprooms, microdistiller cocktail rooms, farm wineries, craft wineries, cideries, golf courses and clubs, dining clubs, and other places of Public Accommodation.

These establishments may offer food and beverages for offsite consumption using delivery services, window service, walk-up service, drive-through service, or drive-up service. Precautions must be taken to limit the potential transmission of COVID-19, including physical distancing of 6 feet. FDA: Best Practices for Retail Food Stores, Restaurants, and Food Pick-Up/Delivery Services During the COVID-19 Pandemic (food/food-safety-during-emergencies/bestpractices-retail-food-stores-restaurants-and-food-pick-updelivery-services-during-covid-19) Best practices for retail food stores, restaurants, and food pick-up/delivery services during the COVID-19 pandemic. FDA: Summary of Best Practices for Retail Food Stores, Restaurants, and Food Pick-Up/Delivery Services During the COVID-19 Pandemic (media/136812/download) Infographic summary of the best practices. MDA: COVID-19: Customers Best Practices For Reusable Bags andFood Takeout Containers (mda.state.mn.us/sites/default/files/inline-files/COVID-19%20Reusable%20Bags-

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