Today, Governor Reynolds signed a new proclamation continuing the Public Health Disaster Emergency.
The proclamation, effective at 5:00 p.m. on Wednesday, September 16, 2020, permits bars, taverns, wineries, breweries, distilleries, night clubs to reopen in four counties: Black Hawk, Dallas, Linn, and Polk counties. It also removes the restrictions on hours that alcohol may be sold in restaurants in those counties. And it clarifies the social distancing requirements that apply to bars and restaurants throughout the entire state.
Bars, taverns, wineries, breweries, distilleries, night clubs continue to be closed in Johnson and Story counties. They may continue to sell alcoholic beverages for consumption off premises. Restaurants in these two counties are still permitted to remain open, but must stop selling and serving alcoholic beverages after 10:00 p.m.
The proclamation also continues to strongly encourage all Iowans two or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability.
These adjusted public health measures remain in effect until September 20, 2020, unless Governor Reynolds extends the Public Health Disaster Emergency before that date.
The full proclamation is online in its entirety and substantive information can be found below:
WHEREAS, the World Health Organization has reported an outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency; and
WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to coordinate the State of Iowa’s response to this outbreak and such disaster continues to exist; and
WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a global pandemic; and
WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency; and
WHEREAS, on March 17, 2020, a Proclamation of Public Health Disaster Emergency was issued to provide additional needed resources and measures to respond to this disaster, and such public health disaster continues to exist; and
WHEREAS, the changing public health conditions in the state of Iowa, especially in Black Hawk, Dallas, Linn, and Polk counties, warrant adjusting the reasonable measures to reduce the transmission of COVID-19.
NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:
USE OF MASKS OR FACE COVERINGS
SECTION One. Consistent with the recommendations of the Iowa Department of Public Health and the Iowa Board of Medicine and to assist in reducing the spread of COVID‑19, I continue to strongly encourage all Iowans two or older to wear a mask or other face covering when in public settings, especially in circumstances when it is not possible to remain six feet away from others outside their household, unless it is unsafe to do so because of health or disability.
REOPENING OF ESTABLISHMENTS
(Counties other than Johnson and Story)
SECTION Two. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that beginning at 5:00 p.m. on September 16, 2020 and continuing until 11:59 p.m. on September 20, 2020:
A. Restaurants and bars: A restaurant or bar, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club, may reopen or remain open to serve food and beverages on its premises, but only to the extent that it complies with the following requirements:
(1) Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual dining alone. Seating at booths closer than six feet may satisfy this requirement if the booths are separated by a barrier of a sufficient height to fully separate seated customers. All patrons must have a seat at a table, booth, or bar, and must consume their food or beverage while seated at the table, booth, or bar. Establishments must limit patrons from congregating together closer than six feet.
(2) Other social distancing, hygiene, and public health measures: The restaurant shall also implement reasonable measures under the circumstances of each restaurant to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Inspections and Appeals and the Iowa Department of Public Health.
This section shall apply only to businesses and establishments located in a county other than Johnson or Story counties.
CONTINUED CLOSURE OF BARS
(Johnson and Story Counties)
SECTION Three. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I continue to order that until 11:59 p.m. on September 20, 2020:
A. Bars and other alcohol establishments: All bars, taverns, wineries, breweries, distilleries, night clubs, and other establishments that sell alcoholic beverages for consumption on their premises shall be closed to the general public, except as permitted in this section:
(1) Carry-out, drive-through, and delivery: To the extent permitted by applicable law, food or beverages may be sold if the food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.
(2) Private rental: An establishment that is closed to the general public may still serve food and beverages at a private gathering hosted at the establishment, such as a wedding reception, provided that the establishment complies with all requirements for restaurants in paragraph B of this section.
(3) Restaurants: An establishment that prepares and serves food, the sale of which results in at least half of the establishment’s monthly revenues may reopen or remain open to serve food and beverages, provided that the establishment complies with all requirements for restaurants in paragraph B of this section. The monthly revenues of a brewery, distillery, or winery do not include the sales of alcoholic beverages for consumption off the premises or at other retail locations.
(4) Premises: Bars located in hotels, casinos, movie theaters, or sporting venues, or other establishments that are not required to be closed by this paragraph must still close to the public except as permitted in this paragraph. But this paragraph does not prohibit the consumption of alcohol on a casino floor, inside an individual theater, or in a person’s hotel room, provided that the establishment otherwise complies with all relevant requirements of the public health proclamation issued on August 21, 2020.
B. Restaurants: A restaurant, including a wedding reception venue, winery, brewery, distillery, country club, or other social or fraternal club, may reopen or remain open to serve food and beverages on its premises, but only to the extent that it complies with the following requirements:
(1) Food service required: An establishment serving alcoholic beverages must also prepare and serve food to all customers, and the sale of alcoholic beverages must be no more than half of the establishment’s monthly revenues. The monthly revenues of a brewery, distillery, or winery do not include the sales of alcoholic beverages for consumption off the premises or at other retail locations.
(2) Social distancing: The establishment must ensure at least six feet of physical distance between each group or individual dining alone. Seating at booths closer than six feet may satisfy this requirement if the booths are separated by a barrier of a sufficient height to fully separate seated customers. All patrons must have a seat at a table, booth, or bar, and must consume their food and beverage while seated at the table, booth, or bar. Establishments must limit patrons from congregating together closer than six feet.
(3) Alcohol sales: An establishment permitted to be open may only sell or serve alcohol for consumption on the premises from 6:00 a.m. until 10:00 p.m. Monday through Saturday, or from 8:00 a.m. until 10:00 p.m. on Sunday if such sales are authorized by the establishment’s license. Establishments must not sell or serve alcohol after 10:00 p.m. or until alcohol sales are permitted on the following day, except that to the extent permitted by applicable law, food or beverages may be sold if the food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.
(4) Other social distancing, hygiene, and public health measures: The restaurant shall also implement reasonable measures under the circumstances of each restaurant to ensure social distancing of employees and customers, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Inspections and Appeals and the Iowa Department of Public Health.
This section shall apply only to businesses and establishments located in Johnson or Story counties.
IMPLEMENTATION AND INTERPRETATION
SECTION Four. The Iowa Department of Public Safety, Iowa Department of Public Health, Iowa Alcoholic Beverages Division, Iowa Department of Inspections and Appeals, Iowa Department of Homeland Security and Emergency Management, and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public's health and safety.
SECTION Five. In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation and the Proclamation issued on August 21, 2020.
SECTION Six. The provisions of this proclamation shall be effective beginning at 5:00 p.m. on September 16, 2020. This proclamation shall not be construed to otherwise modify the proclamations issued on August 21, 2020, or August 27, 2020. This state of public health disaster emergency shall continue to expire on September 20, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.