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June 8, 2021by David Klemt David Klemt No Comments

Reopening Ontario: Patios Return Friday

Reopening Ontario: Patios Return Friday

by David Klemt

There’s great news for Ontario and the province’s new reopening plan: outdoor dining is returning three days ahead of schedule.

From June 11 on—barring any governmental changes—the province of Ontario will enter Step 1, which focuses on outdoor activities.

Due to favorable indicators such as the province’s vaccination rate, Reopening Ontario will kick off early.

A Welcome Surprise

Ontario has been in under heavy restrictions for nearly two months. So, this news represents a refreshing glimpse of light at the end of a ridiculously long tunnel.

Initially, Reopening Ontario was slated to begin Step 1 on June 14.

The earlier date and announcement should help restaurant and bar operators take advantage of the coming weekend. After weeks upon weeks of living under a stay-at-home order, the decent-at-best forecast should be clear enough for Ontarians to get outside.

Step 1

Reopening Ontario is focusing on the following to progress through the three steps:

the provincewide vaccination rate; and
improvements to key public health and health care indicators.

Per the plan, the province will remain in each phase of the plan for a minimum of 21 days.

The first step allows for outdoor gatherings of ten or more people. And, for restaurants and bars, outdoor dining with a limit of four people per table.

RestoBiz is reporting that there will be an exception allowing for households with more than four people. The publication also reports that nightclubs may offer delivery, drive-through and takeout as long as they only operate as food or drink establishments.

To move to Step 2, 70 percent of adults must receive at least a single dose of Covid-19 vaccine. Additionally, 20 percent of adults need to receive a second dose (of a two-dose regiment).

Two weeks after Ontario reaches that target, the province will move forward.

Step 2

In this phase of Reopening Ontario, restaurants and bars can seat six people per table outdoors.

Per Ontario’s official government website, restaurants and bars will also be able to offer karaoke. Of course, in this phase it must take place outside.

The single-dose target vaccination rate to move on from Stage 2 is 70 to 80 percent of adults. Also, 25 percent of adults must receive two doses (of a two-dose regimen).

If those targets are hit and key public health and health care indicators are favorable, the province will progress further.

Step 3

Obviously, this the least-restrictive phase of Reopening Ontario.

In Step 3, restaurants and bars can once again return to indoor dining. There will be capacity and other restrictions in place.

Also, buffets can return.

Outdoor dining capacity will focus on social distancing: there must be two metres between tables.

Should the vaccine rate and other indicators continue to improve, it’s possible that Ontario will reopen fully as soon as 21 days after Step 3 begins. Of course, we’ll monitor the situation and see what Ontario officials say about a return to “normal.”

For now, things are looking up. To review the Reopening Ontario plan, click here.

Image: Taylor Vick on Unsplash

February 3, 2021by David Klemt David Klemt No Comments

Los Angeles Restaurants Face New Outdoor Dining Restrictions

After Weeks of Prohibition, This is What Los Angeles Restaurants are Facing

by David Klemt

Limited to delivery and takeout for several weeks, Los Angeles restaurants and breweries may now offer outdoor dining.

Of course, that easing of restrictions comes with a raft of new limitations.

The outdoor dining ban was lifted last Friday, January 29. Governor Gavin Newsom rescinded California’s statewide stay-at-home order four days prior, January 25.

Operators, still caught firmly in the vortex of opens, closures and ever-shifting restrictions, will have to weigh the potential to generate in-person dining revenue against limitations and costs.

Outdoor dining capacity of restaurants, breweries and wineries (able to open for outdoor tastings) is restricted to 50 percent. Even an operator with a significant outdoor footprint may find the revenue generated from in-person dining incapable of offsetting associated costs.

Speaking of footprint, operators must also contend with new distance requirements. Outdoor tables must now be spaced a minimum of eight feet apart to ensure guests aren’t seated back to back. This increase from six feet must be measured from the edges of each table.

Any employee who “may come in contact” with a guest is required to wear a face mask and a face shield for the duration of such an interaction, which can’t include tableside preparations.

No live entertainment is permitted, and televisions must remain turned off. Couple the television ban with a prohibition on “coordinated, organized or invited events or gatherings” and Super Bowl parties are clearly not permitted.

Additional limitations pertain to guests and group size. No more than six people may be seated at a table, and each guest must be a member of the same household. Signage informing guests of the household requirement must be posted, and guests must also be given this information verbally.

A “household” in Los Angeles County is defined as “persons living together as a single living unit.” Click here for the County of Los Angeles Department of Public Health’s “Protocol for Restaurants, Breweries and Wineries: Appendix I.”

According to Dr. Barbara Ferrer, Los Angeles County health director, operators can expect increased scrutiny and enforcement of Covid-19 protocols.

Evidence of enhanced enforcement efforts was seen last week. LA County filed two suits on January 27 against Cronies Sports Grill in Agoura Hills and Tinhorn Flats in Burbank for failing to adhere to health directives. Both suits label the establishments as “public nuisances.”

Some Los Angeles operators may find limited outdoor dining better than no in-person dining at all. However, others may conclude that labor and PPE costs alone aren’t worth restricted reopening, to say nothing of contending with increased governmental scrutiny.

Image: David Mark from Pixabay

December 17, 2020by David Klemt David Klemt No Comments

New York City Restaurant Operators Rally Against Governor Cuomo’s Orders

New York Restaurant City Operators Rally Against Gov. Cuomo’s Orders

by David Klemt

Just one day after Governor Andrew Cuomo’s ban on indoor dining went into effect, New York City restaurant operators came together to protest.

Gov. Cuomo announced the ban on Friday, December 11. New Yorkers reportedly flocked to restaurants and bars that weekend for “last suppers.” The ban went into effect Monday, December 14.

New York City’s ban on indoor dining will last at least two weeks. It has been reported that state officials are considering a statewide ban on indoor dining, depending on Covid-19 trends.

Whereas New York City restaurants have been forced to operate at 25-percent capacity since the end of September, New York State restaurants have been operating at a 50-percent capacity limit.

Restaurants are permitted to offer delivery, takeout and outdoor dining. However, a massive nor’easter winter storm is blasting the east coast. Freezing weather is more than likely to keep New York City restaurants’ outdoor dining areas empty.

The Latino Restaurant Bar and Lounge Association of New York State is being credited with organizing Tuesday’s rally. The New York City Hospitality Alliance joined the protest against the indoor dining ban, as did hundreds of other restaurant and bar owners, operators and workers.

Protestors gathered at Times Square before marching from Duffy Square (the northern part of Times Square) to Midtown East where Gov. Cuomo’s office is located.

The order appears to prove the point Joe Rogan makes on the Joe Rogan Experience podcast episode with Richard Rawlings, released this week. During the episode, Rogan says the decisions politicians are making regarding restaurants and bars are arbitrary.

“There’s no science, nothing. It’s arbitrary decisions that are made by politicians,” says Rogan. “And that’s the minimum: The outdoor dining thing is the most egregious because you have all these people that spent so much money to try to convert their restaurants and make these outdoor dining [spaces]—spent thousands of dollars that they didn’t even fucking have.”

According to current New York contact tracing data, Gov. Cuomo’s ban isn’t based on science. Their own data regarding Covid-19 shows that restaurants and bars account for just 1.43 percent of infections. In contrast, based on 46,000 Covid-19 cases from September to November, private household gatherings are responsible for 74 percent of exposures.

That data also makes clearer the disparity between restrictions imposed on New York City restaurants compared to the rest of the state. Long Island restaurants, for example, have not been ordered to close their indoor dining areas.

The governor’s statement that “restaurants have adapted and New Yorkers have really adapted” rings rather hollow when, per survey results released by the New York State Restaurant Association and National Restaurant Association, 54 percent of New York restaurants are expected to close within the next six month unless they receive meaningful, targeted relief.

An argument can be made that Gov. Cuomo is, as some New York operators have stated, scapegoating restaurants and bars during the pandemic. When announcing the indoor dining ban, the governor appeared to be following through with a threat rather than acting in the best interest of public safety and New York residents.

“We said that we would watch it, if the stabilization, if the hospital rate didn’t stabilize, we would close indoor dining,” he said. “It is now. We’re gonna close indoor dining in the city on Monday.”

The numbers simply don’t support that decision.

Yesterday, New York operators asked Gov. Cuomo to repeal the ban. At the time of publication, that request has been ignored.

The protestors also called for the governor to help the industry rather than hobble it, along with demanding the RESTAURANTS Act finally be voted into law at the federal level.

Every day that passes without the RESTAURANTS Act also passing thrusts the industry further into peril. More restaurants and bars close permanently each day while Congress prepares to leave for the remainder of 2020. If Congress fails to act before leaving, the industry will be without relief through at least February.

Cities across the country imposing crippling capacity limits and dining restrictions should prepare for future protests organized by restaurant and bar owners, operators, workers and supporters.

State representatives can be contacted about the RESTAURANTS Act via this link from the National Restaurant Association.

Image: Anthony Rosset on Unsplash

December 11, 2020by David Klemt David Klemt No Comments

Orange County’s #OPENSAFE Restaurant Collective Defies Governor Newsom

Orange County’s #OPENSAFE Restaurant Collective Defies Governor Newsom

by David Klemt

A group of California restaurant operators is pushing back against current restrictions in defiance of orders they feel go too far.

Gov. Gavin Newsom’s stay-at-home order mandates that restaurants remain open only for delivery and takeout. The order affects five California regions: Northern California, the Bay Area, Greater Sacramento, the San Joaquin Valley, and Southern California.

Throughout 2020, similar orders have been issued throughout the United States. They’ve included an array of restrictions, from banning indoor and outdoor dining to choking traffic by imposing significant capacity restrictions.

Allowing only delivery and takeout is not the health and safety solution lawmakers believe it to be. Third-party delivery platforms and their policies can be detrimental to operators, worsening an already bad situation.

Several operators in Orange County, located in the Southern California region, are, per an Instagram post, refusing to comply with Gov. Newsom’s order.

The statement on publicist Alexandra Taylor’s Instagram account is posted in its entirety below:

“We, as responsible small business owners and operators, do hereby declare our intention to protest the current state stay home order and to maintain our safety standards of service as set forth by country and state health guidelines.

“We cannot, in good conscience, allow our employees and their families to have their health and safety jeopardized as resources to them have been exhausted.

“We will continue and strengthen our mitigation of the potential spread of SARS-Covid19 with the highest standards of safety protocol including, but not limited to: Outdoor Dining, Socially Distanced Seating, Mask Requirements when not seated, PPE, Readily Available Sanitizer to back of house/front of house staff, immediate quarantine and isolation of potentially infected employees, Barriers to prevent close quarters transmission between guests, limited capacity, etc.

“Although eating and drinking establishments (both indoor and outdoor) have shown to increase the potential for viral transmission, current data also indicates that travel and essential shopping have as much as a 10x more likely chance of transmission than these establishments based on CDC risk assessments.

“We agree, as responsible business owners, to commit to staying open with a dedication to public health.”

The image of the statement is accompanied by the hashtag #OPENSAFE and American flag emoji. More than 80 Orange County establishments that support the #OPENSAFE movement were listed in the caption of the post at the time of publication. The original post states that the list of venues is growing daily.

Taylor, the founder and president of The ATEAM, included a caption that read, in part:

“RESTAURANTS. I represent them, I invest in them, I celebrate them, I support them, I am passionate beyond words for them, for the PEOPLE behind them— and I will fight for them.

“This is a declaration for not only restaurants but all SMALL BUSINESS OWNERS to commit to STAY OPEN SAFELY and RESPONSIBLY, while giving their establishments, their employees, and their families a fighting chance to survive this BS.”

State and county officials across the nation can impose a number of penalties on businesses that defy orders. Fines and temporary suspensions of business licenses appear to be the most common. In Chicago, for example, operators can face fines in excess of $10,000. One restaurant, Ann Sather, owned by Chicago Alderman Tom Tunney, violated a ban on indoor dining and ignoring Covid-19 safety rules and faces a maximum fine of $10,500.

Earlier this year, a restaurant in Monterey County, located in California’s Bar Area region, faced fines of up to $35,000 violating shelter-in-place orders.

It’s unclear at the moment if the collective of defiant Orange County operators will face consequences for their civil disobedience. Orange County Sheriff Don Barnes has stated that the department has no intention of enforcing Gov. Newsom’s order closing restaurants.

“Orange County Sheriff’s deputies will not be dispatched to, or respond to, calls for service to enforce compliance with face coverings, social gatherings, or stay-at-home orders only,” said Sheriff Barnes. “Deputies will respond to calls for potential criminal behavior and for the protection of life and property. Our actions remain consistent with the protections of constitutional rights.”

Whether operators in other counties across America coalesce around their own #OPENSAFE movements remains to be seen. The consequences must be fully understood and weighed, and law enforcement’s stance on enforcing stay-at-home and shelter-in-place orders regarding bars and restaurants must also be considered.

Two things are, however, clear. One, operators have had enough. Two, government officials need to listen to restaurant and bar operators and workers about the impact of restrictions before issuing orders.