(LIVE MUSIC EVENTS)
The County of Riverside has been advised that some restaurants, wineries, parks, and other local establishments may be hosting live music or entertainment events. Please allow this letter to serve as an advisory that offering or holding live entertainment, including live music, is not permitted under the current Orders of Governor Newsom and the California State Public Health Officer.
As you are likely aware, on March 19, 2020, Governor Newsom issued Executive Order N-33-20, ordering all persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID-19. This Order encompasses the Order of the State Public Health Officer, also dated March 19, 2020, which states in relevant part: “To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay at home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors…” A copy of this Executive Order can be found here: https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf.
The State then set out California’s path forward from this “Stay-at-Home” Order in California’s Pandemic Resilience Roadmap. That Roadmap identifies four stages of the pandemic: safety and preparation (Stage 1); reopening of lower-risk workplaces and other spaces (Stage 2); reopening of higher-risk workplaces and other spaces (Stage 3); and finally an easing of final restrictions leading to the end of the Stay-at-Home Order (Stage 4). https://www.gov.ca.gov/wpcontent/uploads/2020/04/Update-on-California-Pandemic-Roadmap.pdf
On May 7, 2020, it was announced that statewide data supported the gradual movement of the entire state of California into Stage 2 of the Pandemic Resilience Road Map. On May 22, 2020, the County of Riverside was permitted to move forward into the State’s “accelerated Stage 2”. Subsequently, restaurants and wineries were permitted to open in compliance with applicable State Industry Guidance.
On July 2, 2020, due to the community spread of infection, the State Public Health Officer and Director of California Department of Public Health (“CDPH”) issued an Order restricting the indoor operations of certain businesses within the County of Riverside, including bars, pubs, breweries, brewpubs, dine-in restaurants, wineries, and tasting rooms,. This closure remains in effect until further order of the State’s Public Health Officer. A copy of this Order can be found here: https://rivcoph.org/Portals/0/Documents/CoronaVirus/July/HealthProviders/State-PublicHealth-Order-7.13.2020.pdf?ver=2020-07-14-080724-327×tamp=1594739273570
Also on July 2, 2020, the State’s COVID-19 Industry Guidance for Restaurants, Bars, and Wineries was updated. This document, which can be found here https://files.covid19.ca.gov/pdf/guidance-restaurants-bars.pdf, specifically states: “This guidance is not intended for concert, performance, or entertainment venues. Restaurants, bars, and wineries must discontinue this type of entertainment until these types of activities are allowed to resume modified or full operation. All events or gatherings that would bring together persons from different households, such as private parties, must be cancelled or postponed until further notice”. (See Page 3.) Restaurants must “Close dance floors and discontinue performances such as musical or dance acts that encourage large gatherings.” (See Page 14.)
Similarly, the State’s Industry Guidance for Restaurants providing outdoor dining, takeout, drivethrough, and delivery, last updated on July 9, 2020, states: “This guidance is not intended for concert, performance, or entertainment venues. Those types of establishments should remain closed until they are allowed to resume modified or full operation through a specific reopening order or guidance. Establishments that serve full meals must discontinue this type of entertainment until these types of activities are allowed to resume modified or full operation.”
(See Page 3 of the Industry Guidance found here: https://files.covid19.ca.gov/pdf/guidanceoutdoor-restaurants.pdf.)
Most recently, on July 13, 2020, Governor Gavin Newsom and California Department of Public Health (“CDPH”) expanded statewide its indoor closures for businesses that encourage mixing of individuals beyond immediate households and make physical distancing and wearing face coverings difficult. The Order also provides that for counties on the County Monitoring List, including the County of Riverside, “the risks and impacts of disease transmission are even greater.” Therefore, the Order required the immediate closure of indoor operations of additional businesses, events, and activities in Monitoring List counties. The July 13, 2020 Order is available at: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID19/SHO%20Order%20Dimming%20Entire%20State%207-13-2020.pdf
“Concerts” are currently listed as a “Stage 4” activity in the Pandemic Resilience Roadmap. It remains unclear at this time when concerts and/or live music events will be permitted as this is dependent upon certain public health metrics being met by the County. Because of this, the County’s public health officials need your help in both complying with and spreading the word about the State’s Orders which prohibit live music events at restaurants, wineries, parks, and other local establishments at this time. If you are aware of a business or organization hosting or promoting live music events, please contact: Gregory Priamos, County Counsel, at firstname.lastname@example.org, and Kelly Moran, Supervising Deputy County Counsel, at email@example.com. Your cooperation and assistance is greatly appreciated.
GREGORY P. PRIAMOS
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