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AMENDMENT NO. 4 TO MIAMI-DADE COUNTY EMERGENCY ORDER 23-20

WHEREAS, on May 15, 2020, the County Mayor issued Emergency Order 23-20, which allowed most establishments in Miami-Dade County to operate, subject to certain restrictions to minimize the spread of coronavirus disease 2019 (COVID-19); and

WHEREAS, as Miami-Dade County COVID-19 cases have begun increasing, strict adherence to the provisions of the County’s emergency orders are necessary to preserve life, health, safety, and the viability of the local economy; and

WHEREAS, subsection (f) of section 8B-7(2) of the Code of Miami-Dade County (“Code”) authorizes the County Mayor to order the closure of any commercial establishment; and

WHEREAS, subsection (o) of section 8B-7(2) of the Code authorizes the County Mayor to issue any other order as is necessary to protect life and property; and

WHEREAS, establishments which cannot comply with the County’s emergency orders pose an increased risk of infection to County residents and are thus an immediate risk to human life; and

WHEREAS, to ensure that customers can safely patronize local businesses, ensure hospital capacity is maintained, and avoid further widespread economic disruption, establishments that do not comply with the County’s emergency order must close; and

WHEREAS, it is necessary to provide additional mandatory closing and reopening procedures for establishments that fail to comply with the standards of Emergency Order 23-20, as amended; and

WHEREAS, the safety and welfare of all the residents of Miami-Dade County is paramount,

THEREFORE, as County Mayor of Miami-Dade County, I hereby order:

A. Paragraph 1 of Emergency Order 23-20, as amended by amendment nos. 1, 2, and 3, is repealed and replaced as follows:

1. (a) With the exception of establishments listed in paragraph 4, as amended by this order, every retail and commercial establishment and any other establishment or facility (collectively, “establishment”) is permitted to open, provided such establishment complies with the following requirements at all times:
  • i. The requirements in paragraph 2 below;
  • ii. The applicable activity-specific requirements in the “Moving To A New Normal Handbook,” as may be amended from time to time, attached as Exhibit A;
  • iii. The facial covering requirements in paragraph 6; and
  • iv. The entry of County personnel onto the establishment’s property for the sole purpose of inspection for compliance with this order. 
(b) In the event that an establishment is not in compliance with subparagraphs (a) above or (d) below, the establishment shall promptly close. Before reopening, the owner or authorized agent of the establishment must comply with all of the following conditions:
  • i. Review this order, keep the establishment closed for a minimum of 24 hours, and take all necessary measures to come into compliance with the requirements of this order;
  • ii. Execute the attestation attached hereto as Exhibit B demonstrating that the review has been completed and the required measures have been taken, and
  • iii. Submit the executed attestation by email to covid19businessv[email protected] or by mail to Special Patrol Bureau/Incident Team, 1501 N.W. 79th Ave, Doral, Florida 33126. 
(c) Each time that an establishment that has submitted an attestation pursuant to subparagraph (b) above is not in compliance with subparagraphs (a) above and (d) below, such establishment shall close again. Before reopening a second or subsequent time, the owner or authorized agent of the establishment must comply with both of the following conditions:
  • i. Submit a compliance plan to the County; and
  • ii. Receive written approval by the County Mayor or County Mayor’s designee that the compliance plan is approved and that establishment may reopen. 
(d) Commencing on June 29, 2020 at 11:59 p.m., no establishment permitted to open that serves alcohol shall sell alcohol for on-site consumption between the hours of 12:01 a.m. and 6:00 a.m. each day.

B. Paragraph 4 of the Emergency Order 23-20 is amended to read as follows:

4. The following establishments remain closed:
  • a. bars, pubs, night clubs, cocktail lounges, cabarets, >>hookah lounges<< and breweries provided, however, that such venues, if licensed as a public food service establishment pursuant to chapter 509, Florida Statutes, may: (1) sell food and alcoholic beverages for onsite consumption in conformance with the rules for restaurants set forth in the Handbook, and (2) have performances if performers are no less than ten feet from patrons at all times and such patrons observe such performances from tables or stationary seats.
  • b. movie theaters, concert houses, auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities, and casinos (but excluding casinos on sovereign tribal land), provided, however, that such venues may operate if they (i) have submitted to, and received approval from, the County a reopening and operation plan for COVID-19 mitigation in accordance with the standards set forth in the Handbook; and (ii) operate in conformance with the approved plan.
  • c. concerts, conventions, and other temporary events, except outdoor events which may be held with appropriate social distancing, such as attendees remaining in their own cars.
C. Exhibit B of Emergency Order 23-20, by amendment nos. 1, 2, and 3, is repealed and replaced by a new Exhibit B attached hereto.

D. The balance of Emergency Order 23-20, as amended, remains in full force and effect.

E. This amendment shall be effective as of 11:59 p.m. on June 29, 2020.

F. This amendment shall be provided to all appropriate media consistent with the requirements of section 8B-7(2)(n) of the Code of Miami-Dade County.