Home California Bill Would Create Stricter Criteria for Revoking Business Licenses During Shutdown Order

Bill Would Create Stricter Criteria for Revoking Business Licenses During Shutdown Order

by ECT
Kevin Kiley

On Monday, Assemblyman Kevin Kiley (R-Rocklin) introduced a bill that would prohibit state agencies from revoking any license from a small business for non-compliance with shutdown orders without first proving that the business was actually a cause of transmission.

Kiley said that it was unacceptable that government bureaucrats are threatening such drastic actions irrespective of any public health impact—he specifically singled out Alcohol Beverage Control (ABC) for acting like bureaucrats.

According to Assembly Bill 54, it bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs, and the Department of Alcoholic Beverage Control from revoking a license for failure to comply with any COVID-19 emergency orders unless the board or department can prove that lack of compliance resulted in transmission of COVID-19.

This bill would declare that it is to take effect immediately as an urgency statute.

What does the Regional Stay at Home Order do? 

The Regional Stay at Home Order would be in effect for 3 weeks after the trigger and instructs Californians to stay at home as much as possible to limit the mixing with other households that can lead to COVID-19 spread. It allows access to (including travel for) critical services and allows outdoor activities to preserve Californians’ physical and mental health. This limited closure will help stop the surge and prevent overwhelming regional ICU capacity.

In any region that triggers a Regional Stay at Home Order because it drops below 15 percent ICU capacity, all operations in the following sectors must be closed:

  • Indoor and Outdoor Playgrounds
  • Indoor Recreational Facilities
  • Hair Salons and Barbershops
  • Personal Care Services
  • Museums, Zoos, and Aquariums
  • Movie Theaters
  • Wineries
  • Bars, Breweries and Distilleries
  • Family Entertainment Centers
  • Cardrooms and Satellite Wagering
  • Limited Services
  • Live Audience Sports
  • Amusement Parks

The following sectors will have additional modifications in addition to 100 percent masking and physical distancing:

  • Outdoor Recreational Facilities: Allow outdoor operation only without any food, drink or alcohol sales. Additionally, overnight stays at campgrounds will not be permitted.
  • Retail: Allow indoor operation at 20 percent capacity with entrance metering and no eating or drinking in the stores. Additionally, special hours should be instituted for seniors and others with chronic conditions or compromised immune systems.
  • Shopping Centers: Allow indoor operation at 20 percent capacity with entrance metering and no eating or drinking in the stores. Additionally, special hours should be instituted for seniors and others with chronic conditions or compromised immune systems.
  • Hotels and Lodging: Allow to open for critical infrastructure support only.
  • Restaurants: Allow only for take-out or pick-up.
  • Offices: Allow remote only except for critical infrastructure sectors where remote working is not possible.
  • Places of Worship: Allow outdoor services only.
  • Entertainment Production including Professional Sports: Allow operation without live audiences. Additionally, testing protocol and “bubbles” are highly encouraged.

The Order does not modify existing state guidance regarding K-12 schools.

The following sectors are allowed to remain open when a remote option is not possible with appropriate infectious disease preventative measures including 100 percent masking and physical distancing:

  • Critical Infrastructure
  • Non-urgent medical and dental care
  • Child care and pre-K

When does a Regional Stay at Home Order end? 

The Regional Stay at Home Order will be implemented regionally once there is less than 15 percent ICU capacity remaining in the designated region. After three weeks from the start of the Stay-at-Home Order, the following criteria would apply:

  1. End for a county in a region if the region’s ICU capacity projected out four weeks (from three weeks since the Stay-at-Home Order started) is above or equal to 15 percent. Each county in the region would be assigned to a tier based on the Blueprint for a Safer Economy.
  2. Remain in effect in a county if the region’s ICU capacity projected out four weeks (from three weeks since the Stay-at-Home Order started) is less than 15 percent. The order would remain in effect until the region’s ICU capacity meets criteria (1) above. This would be assessed on a weekly basis.

Non-Essential Travel Lodging

Except as otherwise required by law, no hotel or lodging entity in California shall accept or honor out of state reservations for non-essential travel, unless the reservation is for at least the minimum time period required for quarantine and the persons identified in the reservation will quarantine in the hotel or lodging entity until after that time period has expired.

Can people go outside?

Members of the same household are encouraged to maintain physical and mental health by safely going to a park, hike, walk or bike ride when safe to do so and socially distanced. Californians are also encouraged to keep connected with loved ones virtually.

The Regional Stay at Home Order can be found here.

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