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AMENDMENT NO. 5 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, prolonged gatherings on-premises at restaurants may contribute to the risk of spread of COVID-19 and the County has received complaints about large gatherings at restaurants; 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, 3, and 4, is amended 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>>, or (e) 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 [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 [[or]] >>,<< (d) below>>, or (e) 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.
>> (e) Commencing on July 1, 2020 at 11:59 p.m., restaurants and other food service establishments with seating for more than eight people shall close for on-premises dining between 12:01 a.m. and 6:00 a.m. each day. Notwithstanding the foregoing, such establishments may operate their kitchens for the purpose of providing delivery services, pick-up or take out services. Employees, janitorial personnel, contractors, and delivery personnel shall be allowed access to such establishments at all times.<<

B. Exhibit B of Emergency Order 23-20, as amended by amendment nos. 1, 2, 3, and 4 is repealed and replaced by a new Exhibit B attached hereto.

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

D. This amendment shall be effective as of 11:59 p.m., on July 1, 2020.

E. 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.