As you may have heard, Dane County has moved to Phase 2 of its Forward Dane Reopening Plan. This is provided in Dane County Emergency Order # 5 (“Phase Two Order”) which looks substantially similar to Emergency Order #4 (“Phase One Order”) which announced Phase One. Parts of the Phase Two Order are pasted below: added/changed text is bold; Phase One Order Text that has been removed from the Phase Two Order is [italicized in brackets]:

Notes from KEW are in bold italics.

2. Mass Gatherings. A Mass Gathering is a planned event with a large number of individuals in attendance, such as a concert, festival, meeting, training, conference, performance, show, or sporting event.

a. Mass Gatherings Inside. A Mass Gathering inside is permitted with fifty (50) individuals or less not including employees. Individuals must maintain physical distancing. [The Phase One order previously distinguished between commercial facilities and private property, where gatherings on private property could only have 10 individuals]

b. Mass Gatherings Outside. A Mass Gathering outside is permitted with one hundred (100) individuals or less not including employees. Individuals must maintain physical distancing.

3. Child care, youth, education, libraries, and public spaces.

a. Child care and youth settings.

i. Child care settings and youth settings must continue to follow

licensing and certification ratio requirements.

ii. Child care settings and youth settings include all licensed,

recreational, and educational camps, licensed and certified

childcare providers, unregulated youth programs, sports activities,

and licensed-exempt public school programs.

iii. Individual groups or classrooms cannot contain more than fifteen

(15) children if the children are age 12 or under.

iv. Individual groups or classrooms cannot contain more than twenty-five (25) children if age 13 or older.

v. There should be no interaction or contact between individual

groups or classrooms.

vi. To the greatest extent feasible, minimize amount of staff

interaction between groups.

b. Public outdoor playgrounds and splash pads. Public outdoor playgrounds and splash pads are open. Physical distancing must be maintained.

c. Public Courts, Fields, and Sports.

i. All public courts and fields are open.

ii. Physical distancing between individuals not from the same household or living unit must be maintained at all times.

iii. Games and competitions are allowed for low risk sports with physical distancing maintained at all times. Low-risk sports are sports that can be done individually, or with physical distancing, or no to minimal sharing of equipment or the ability to clean the equipment between use.

iv. Games and competitions are not allowed between teams for medium and high-risk sports. Games and competitions within teams are allowed for medium and high-risk sports if the games and competitions are modified to ensure physical distancing is maintained at all times. Medium risk sports are sports that involve close, sustained contact, but with protective equipment in place that may reduce the likelihood of respiratory particle transmission between participants or intermittent close contact or group sports or sports that use equipment that can’t be cleaned between participants. High risk sports are sports that involve close, sustained contact between individuals, lack significant protective barriers, and have a high probability that respiratory particles will be transmitted between individuals.

d. Schools. Public and private K-12 schools are open for pupil instruction and extracurricular activities as of July 1, 2020. These schools must abide by the following: (developing plans for cleaning, hygiene, distancing, and keeping sick people home/dealing with a COVID outbreak, etc.)

This is a summary of requirements. For the full list of requirements, check E 05.

4. Businesses. All businesses are subject to the following requirements:

a. Limit capacity to 50% of approved capacity levels. [up from 25%]

b. Develop and implement a written hygiene policy and procedure that

includes:

i. Ensuring employees who have a fever or other symptoms of

COVID-19 will not be allowed to work.

ii. Establishing hand-washing expectations and ensuring supplies are

available to employees.

iii. Describing proper cough and sneeze etiquette.

c. Develop and implement a written cleaning policy and procedure that

includes:

i. Guidelines for cleaning and disinfecting frequently touched

surfaces multiple times a day.

ii. Guidelines for frequently wiping down any shared equipment,

such as work spaces, credit card machines, lunchroom items,

carts, and baskets.

iii. Guidelines for cleaning common areas and equipment between

use or shift changes.

iv. Protocols for cleaning and disinfecting in the event of a positive

COVID-19 case on site.

d. Develop and implement a written protective measure policy and

procedure that includes:

i. Ensuring individuals are at least six (6) feet from others whenever

possible.

ii. Ensuring employees are provided with and wear face coverings

when unable to maintain at least six (6) feet of distance from

others. If a partition or barrier is in place, a face covering is

recommended, but not required.

e. Document staff receipt, acknowledgement, or training on the policies in Sections 4b-4d.

f. Limit staff and customers in offices, facilities, and stores. All businesses

should, to the greatest extent possible, facilitate remote work and other

measures that limit the number of individuals present at an office,

facility, or store. Businesses to the greatest extent feasible should:

i. Offer online or virtual services, including for, meeting with clients,

providing counsel, or other professional services.

ii. Hold meetings and collaborate online or by phone.

iii. Alternate work teams or stagger shifts.

g. Safe business requirements when remote work is not possible. All

businesses are required to take the following measures to limit exposure

to COVID-19 to staff, customers, and the public when remote work is not

possible:

i. Where possible, offer curbside pick-up, curbside drop-off, and

delivery of goods and services.

ii. Where possible, offer online or phone payments, appointments,

and reservations.

iii. Door-to-door solicitation is allowed with physical distancing.

iv. Ensure spacing of chairs in waiting rooms to ensure physical

distancing is maintained between individuals.

h. Meetings, trainings, and conferences are considered Mass Gatherings

and must comply with Section 2.

i. Adhere to PHMDC requirements and strongly consider implementing the

PHMDC recommendations and guidelines.

j. Businesses must establish lines outside to regulate entry, with markings

indicating where customers should stand to remain six (6) feet apart from

one another while waiting to enter. Businesses should also offer

alternatives to lines, including allowing customers to wait in their cars for

a text message or phone call and scheduling pick-ups or entries to stores [this previously applied only to “retail stores” per § 5(c)(iii) of the order announcing Phase One]

5. Industry-specific requirements. In addition to complying with Section 4, the following

businesses have additional requirements:

a. Stores that sell food or groceries, including grocery stores, bakeries, farm

and produce stands, supermarkets, food banks and food pantries,

convenience stores, and other establishments engaged in the retail sale

of groceries, prepared food, alcoholic and non-alcoholic beverages. Such

establishments shall:

i. Encourage pickup and delivery options

ii. Prohibit customer self-dispensing of bulk food items and

condiments. Beverage stations are exempt from this requirement

iii. Except for produce areas, cease any customer self-service

operations of all unpackaged food, such as salad bars, beverage

stations, and buffets.

iv. Indoor dine-in capacity to 50% of approved seating capacity levels.

Space tables at least six (6) feet apart. Limit each table to a

customers who are members of the same household or living unit. [up from 25%]

v. Outdoor seating is allowed. Space tables at least six (6) feet apart.

Limit each table to a customers who are members of the same

household or living unit. [The Phase One order also had a 6-person-per-table limit]

vi. Sampling of food is prohibited.

b. Restaurants and bars. Restaurants and bars shall:

i. Encourage pick-up and delivery options.

ii. Cease any customer self-service operations of all unpackaged food,

such as salad bars and buffets. Beverage stations are exempt from

this requirement.

iii. Prohibit customer self-dispensing of condiments.

iv. Indoor dine-in capacity to 50% of approved seating capacity levels.

Space tables at least six (6) feet apart. Limit each table to a

customers who are members of the same household or living unit. [Up from 25%. Also, previous rule had a 6-person-per-table limit.]

v. Outdoor seating is allowed. Space tables at least six (6) feet apart.

Limit each table to a customers who are members of the same

household or living unit. [previous rule had a 6-person-per-table limit]

vi. At bar areas, maintain at least six (6) feet between each stool for

customers that are not members of the same household or living

unit.

vii. When customers are not seated, physical distancing must be

maintained between customers who are not part of the same

household or living unit.  [previous rules required customers to use seating options, and required that play/lounge areas remain closed]

viii. Sampling of food is prohibited.

c. Retail stores. Retail stores shall:

i. Limit the number of individuals in the business (excluding

employees) up to 50% of approved capacity levels. [previously 25%]

ii. Retail stores larger than 50,000 square feet must offer at least

two hours per week of dedicated shopping time for vulnerable

individuals. [previous rule also said that malls could be open but play areas/“areas where individuals congregate” must be closed and marked closed.]

iii. Sampling of goods (ex. food or make-up) is prohibited.

d. Salons and spas. Facilities including hair salons, barber shops, nail salons,

day spas, electrolysis providers, waxing salons, eyebrow-care

establishments, tattoo and piercing parlors, body art establishments,

tanning facilities and similar facilities shall:

i. Limit the number of customers or clients to 50% of approved

capacity levels. If capacity level is four (4) or less, one (1) client or

customer is permitted.

ii. Space customer or client chairs, tables, or stations at least six (6)

feet apart from each other.

iii. Require employees to wear face coverings at all times when

customers are present.

iv. Require customers to wear face coverings to the greatest extent

possible.

[previous rules required salons to only take customers by appointment]

e. Gyms and fitness centers. Gyms, fitness centers, and similar facilities

shall:

i. Provide materials for members to disinfect equipment before and

after exercise at each piece of equipment or station.

ii. Limit the number of individuals in the business (excluding

employees) to 50% of the approved capacity limit.

iii. Increase frequency of cleaning of all equipment, common areas,

locker rooms, and restrooms.

iv. To the extent possible, space equipment at least six (6) feet apart,

especially for treadmills and other high-exertion aerobic fitness

equipment.

v. Use floor markings to indicate spacing of individuals, particularly

in areas where individuals congregate or cluster including drinking

fountains, the front desk or reception area, and cleaning stations.

vi. Group exercise classes may only be offered if physical distancing

can be maintained at all times and there is no person-to-person

contact.

vii. Activities where physical distancing cannot be maintained are not

allowed unless they are between individuals from the same

household or living unit.

viii. Saunas and steam rooms are closed.

f. Places of amusement and activity. Places of amusement and activity

including water parks, licensed public or private swimming pools,

aquariums, zoos, museums, bowling alleys, amusement parks, outdoor

miniature golf, movie theaters, theaters, concert and music halls, golf

courses and similar places shall:

i. To the extent possible, all reservations and payments must be

made in advance online or by phone.

ii. Businesses shall limit the number of individuals on the premises

(excluding employees) to 50% of approved capacity limits. Events

such as, but not limited to, concerts, festivals, carnivals, fairs,

parades, movies, performances, and shows are subject to the

Mass Gathering requirements.

iii. Tee times, appointments, performances, shows, or other

scheduled events must be scheduled to ensure that physical

distancing can be maintained between all individuals, not within

the same household or living unit, at all times.

iv. Seating, stations, or recreational areas must be spaced to ensure

at least six (6) feet of physical distancing between individuals not

within the same household or living unit.

v. All equipment provided or rented should be cleaned in between

each customers use.

[previous rules included disinfecting high-touch areas between each use and outdoor entertainment venues limited to 25% of capacity/50 people max.]

The requirement that businesses maintain a hygiene policy, which recommends disinfecting high-touch areas between each use, is still in place.

g. Lodging, including hotels, motels, campgrounds, B&B, and vacation

rentals.

i. Prohibit guests from congregating in lobbies or other common

areas, including providing adequate space to adhere to physical

distancing while queuing for front desk services.

ii. Adopt cleaning protocols for guest rooms and common areas

based on PHMDC guidelines. Provide training for housekeeping

associates for proper handling of linens and cleaning/disinfecting

supplies and provide appropriate personal protective equipment.

iii. Follow all requirements in Section 5 of this Order.

h. Drive-in Activities. Drive-in movie theaters and other drive-in activities

may occur, with the following restrictions:

i. Drive-in activities may not offer outdoor seating.

ii. Individuals may leave their vehicles to purchase or pick up food or

drink or to use the restroom. Individuals must remain in their

vehicles at all other times.

iii. Any food or drink sales must comply with Sections 5.b.i, ii., iii, and

viii.

iv. Food may be delivered to individuals patrons waiting in their

vehicles.

v. To the extent possible, reservations and payments should be made

in advance online or over the phone.

vi. Drive-in activities are exempt from Section 2

8. Leased Premises. Landlords or rental property managers may enter leased residential premises and show properties if all individuals are wearing face coverings and maintaining physical distancing.

If you have any questions about the Phase 2 Order, and how it may affect your business, please contact Kramer, Elkins & Watt, LLC.

The post Dane County is in Phase 2 of Forward Dane appeared first on Kramer, Elkins & Watt, LLC.