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Focus Area: Coronavirus/COVID-19

Public Health of Madison and Dane County Notifies Licensed Food and Drink Establishments of Increased Enforcement Efforts to Combat COVID-19

On September 14th, Public Health Madison & Dane County sent a letter to all licensed establishments in Madison (with a copy to all licensed food and drink establishments in Dane County) to remind them of the provisions of PHMDC’s Emergency Order #9 (the “Order”) and inform them of the possibility of increased fines if they do not comply with public health orders. A copy of this letter is available here, and a related article posted to the City of Madison - PHMDC’s blog providing more background on why the letter was sent is available here.

Because violations of a PHMDC Order carry a penalty of up to $1,000 per violation, the price of violating the Order could be high. The letter gives an example of an establishment with an indoor occupancy capacity of 100 people. Under the current terms of the Order, establishments are limited to 25% of their typical indoor capacity; therefore, an establishment with a typical indoor occupancy capacity of 100 people would be limited to 25 people. If this establishment were found to have 100 people inside while the Order was in effect (75 more people than permitted), the establishment could potentially be cited for 75 separate violations, resulting in a potential forfeiture of $75,000 plus court costs and fees. In addition, if that establishment held an alcohol beverage license, that establishment could also face enforcement action against its license, up to and including suspension or revocation.

The letter further reminds establishments of the following requirements under the Order:

  • Development and implementation of a written hygiene policy and procedure
  • Development and implementation of a written cleaning policy and procedure
  • Development and implementation of a written protective measure policy and procedure
  • Documented staff receipt, acknowledgement, or training on the policies
  • Posting of the required “Workplace Requirements for employers and workers” sign
  • Posting PHMDC’s “Mask Required” sign (or a similar sign)

The full text of PHMDC’s Emergency Order #9 is here: https://publichealthmdc.com/documents/2020-09-01_Order_9amendment.pdf

For more information contact your Boardman Clark attorney.

DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.

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