Brookings Council passes ordinance limiting bars and restaurants and closing other businesses until at least April 8

The Brookings City Council unanimously passes an ordinance in response to the ongoing coronavirus pandemic. It sets limits on the operations of bars, restaurants and recreational businesses. The measure was amended prior to passage to also require the closing of salons, barber shops and spas.

Here is the heart of the ordinance:

Now, Therefore, Be It Ordained, by the City Council of Brookings that:

1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts, coffee
houses, bars, breweries, clubs, cafes and other similar places of public accommodation
offering food and beverages for on-site consumption, including any alcohol licensees
with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may
continue to operate in order to provide take-out, delivery, curbside service, and drive-thru service. Any business continuing to operate in order to provide off-site service
should implement procedures to ensure social distancing and operate in compliance
with federal and state health guidance in order to prevent the spread of COVID-19. This
closure will remain in effect through Wednesday, April 8, 2020.

2. Effective at 7:00 p.m. Monday, March 23, 2020, all recreational facilities, public pools,
health clubs, athletic facilities and theaters, including movie theaters and music or
entertainment venues are directed to close and cease operations during this
emergency. This closure will remain in effect through Wednesday, April 8, 2020.

3. Effective at 7:00 p.m. Monday, March 23, 2020, all cigar bars, vaping lounges or other
similar businesses that allow for on-site consumption are directed to cease allowing on-
site consumption, but may continue to offer products for sale to consume off-site under
the same conditions as bars and restaurants outlined in paragraph #1. This closure will
remain in effect through Wednesday, April 8, 2020.

4. Effective at 7:00 p.m. Monday, March 23, 2020, all arcades, bingo halls, bowling alleys,
indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other similar
recreational or entertainment facilities are directed to close and cease operations
during this emergency. This closure will remain in effect Wednesday, April 8, 2020.

5. The prohibitions and closures in this order do not apply to the following businesses:
a. Places of public accommodation that offer food and beverages for off-site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than any
portion of such business which offer on-site consumption which would be subject to
the requirements of paragraph #1.
b. Hardware and supply stores.
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, day care
facilities, and correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
f. Any emergency facilities necessary for the response to the current public health
emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state or federal courts.

6. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall
be automatically repealed unless specifically readopted for an additional period of time
by the City Council. Any dates identified in the ordinance for closures to automatically
end may be adjusted at any time within the sixty (60) day period covered by this
ordinance by a resolution of the City Council.

7. Any violation of this ordinance is subject to the general penalty provision in Section 1.08
of the Brookings Municipal Code. Each day a violation of this ordinance is allowed to
occur is considered a separate offense.

Be It Further Ordained, that, pursuant to SDCL 9-19-13, this ordinance is necessary for the
immediate preservation of the public peace, heal