Page 2 of 7 | Texas Inn November 20, 2020 3. On March 17, 2020, State Health Commissioner Oliver and Governor Northam issued a Declaration of Public Health Emergency (Order) as a result of the spread of COVID-19. The Order, in part, provided for suspensions of food establishment permits for imminent public health hazards associated with congregations of more than 10 total patrons in a restaurant. 4. On March 23, 2020, Governor Northam amended the Order by issuing Executive (Order (53), barring restaurants from offering dine-in service. 5. On May 15, 2020, Governor Northam issued Executive Order 61, authorizing the Virginia Department of Health to enforce the restrictions on businesses provided for in that order. Specifically Executive Order 61 states, “Any willful violation or refusal, failure, or neglect to comply with this Order, issued pursuant to § 32.1-13 of the Code of Virginia is punishable asa Class 1 misdemeanor pursuant to § 32.1-27 of the Code of Virginia. The State Health Commissioner may also seek injunctive relief in circuit court for violation of this Order, pursuant to § 32.1-27 of the Code of Virginia. In addition, any agency with regulatory authority over a business listed in section A may enforce this Order as to that business to the extent permitted by law.” 6. On May 26, 2020, Governor Northam issued Executive Order 63, requiring patrons to wear face coverings while inside public buildings. Specifically, Executive Order 63 authorized the Virginia Department of Health to enforce the order, statin; “Any willful violation or refusal, failure, or neglect to comply with this Order, issued Pursuant to § 32.1-13 of the Code of Virginia, is punishable as a Class 1 misdemeanor Pursuant to § 32.1-27 of the Code of Virginia, The State Health Commissioner may also seek injunctive relief in circuit court for violation of this Order, pursuant to § 32:1-27 of the Code of Virginia. No minor shall be subject to criminal penalty for failure to wear a face covering. Adults accompanying minors should use the best judgment with respect to placing face coverings on a minor between the 8888 of two through nine while inside the public areas noted above, Adults accompanying ‘minors age 10 through 18 shall use reasonable efforts to prompt the minor to — face coverings while inside the public areas noted above.” 7, On June 2, 2020, Governor Northam issued Executive Order 65, further casing certain temporary restrictions due to novel coronavirus (COVID 19), Specifically, _ Executive Order 65 authorized the Virginia Department of Health to enforce the i ion [of section A.] or refusal, failure, or neglect to with this Order, issued pursuant to § 32.1-13 of the Code of Virginia, is Pe ee ees L misdemeanor pursuant to § 32.1-27 of the Code of Virginia. State Health Commissioner may also seek injunctive relief in circuit court for of this Order, pursuant to § 32.1-27 of the Code of Virginia. In addition, any egulatory authority over a business listed in seetion A may enforce zhis ness to the extent permitted by law.”ih Texas Inn November 20, 2020 Page 3 of 8. On June 30,2020, Governor Northam issued Executive Order 67, moving the, | ‘Commonwealth into Phase 3 and easing the temporary restrictions due to COVID Included in the order is the requirement that businesses require employees in customer-facing positions wear face coverings. The Order also provided, “The Virginia Department of Health shall have authority to enforce section A of this Order. Any willful violation or refusal, failure, or neglect to comply with this Order, issued pursuant to § 32.1-13 of the Code of Virginia, is punishable as a Class 1 misdemeanor pursuant to § 32.1- 27 of the Code of Virginia. The State Health Commissioner may also seek injunctive relief in circuit court for violation of this Order, pursuant to § 32.1-27 of the Code of Virginia. In addition, any agency with regulatory authority over a business listed in section A may enforce this Order as to that business to the extent permitted by law.” APPLICABLE LAW (in part): 32.1-13. Es ncy orders and regulations. The Board may make separate orders and regulations to meet any emergency, not provided for by general regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious and infectious diseases and other dangers to the public life and health, 32. enalties and charges for violations. A. Any person willfully violating or refusing, failing or neglecting to comply with any re or order of the Board or Commissioner or any provision of this ttle shall be guilty of a Cl misdemeanor unless a different penalty is specified B. Any person violating or failing, neglecting, ot refusing to obey any lawful regulation of the Board or Commissioner or any provision of this title may be compelled in a proce: instituted in an appropriate court by the Board or Commissioner to obey such regulation, of provision ofthis title and to comply therewith by injunction, mandamus, or other appropriate remedy of, pursuant to § 32.1-27.1, imposition of.a civil penalty or appointment of a receiver, §44-146.17. Powers and duties of Governor. ‘The Governor shall be Director of Emergency Management. He shall take such action from time fo time as is necessary for the adequate promotion and coordination of state and local emergency j services activities relating to the safety and welfare of the Commonwealth in time of disasters, hall have, in addition to his powers and duties: powers hereinafter or elsewhere prescribed by law,sss Page 4 of 7 Texas Inn November 20, 2020 (1) To proclaim and publish such rules and regulations and to issue such orders as may, in his Judgment, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his judgment required to control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, Services and resources under any state or federal emergency services programs. He may adopt and implement the Commonwealth of Virginia Emergency Operations Plan, which provides for state-level emergency operations in response to any type of disaster or large- seale emergeney affecting Virginia and that provides the needed framework within which more detailed emergency plans and procedures can be developed and maintained by state agencies, local governments and other organizations. He may direct and compel evacuation of all or part of the populace from any stricken ot threatened area if this action is deemed necessary for the preservation of life, implement emergency mitigation, preparedness, response or recovery actions; prescribe routes, modes of ‘transportation and destination in connection with evacuation; and control ingress and egress at an emergency area, including the movement of persons within the area and the occupancy of premises therein. Executive orders, to include those declaring a state of emergency and directing evacuation, shall have the force and effect of law and the violation thereof shall be punishable as a Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect. Such executive orders declaring a state of emergency may address exceptional circumstances that exist relating to an order of quarantine or an order of isolation concerning a communicable disease of public health threat that is issued by the State Health Commissioner for an affected area of the Commonwealth pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1. SECOND AMENDED NUMBER EXECUTIVE ORDER SIXTY-ONE (2020) AND, SECOND AMENDED ORDER OF PUBLIC HEALTH EMERGENCY THREE P ONE EASING OF CERTAIN TEMPORARY RESTRICTIONS DUE TO NOVEL CORONAVIRUS (COVID-19); issued by Governor Ralph S. Northam and Health Commissioner M. Norman Oliver, May 28, 2020. EXECUTIVE ORDER NUMBER 63 (2020) ORDER OF PUBLIC HEALTH EMERGENCY FIVE REQUIREMENT TO WEAR FACE COVERING WHILE INSIDE BUILDINGS; issued by Governor Ralph S. Northam and Health Commissioner M. Norman a Oliver, May 26, 2020, F EXECUTIVE ORDER NUMBER SIXTY-FIVE (2020) AND ORDER OF PUBLIC HEALTH EMERGENCY SIX PHASE TWO EASING OF CERTAIN TEMPORARY RESTRICTIONS DUE TO NOVEL CORONAVIRUS (COVID-19) Excluding the City of d the Northern Virginia Region; issued by Governor Ralph S. Northam and Health ™M. Norman Oliver, June 2, 2020. apc. Mili haar HEMP Boke 9(ee Page Sof 7 ‘Texas Inn November 20, 2020 EXECUTIVE ORDER NUMBER SIXTY-SEVEN (2020) AND ORDER OF PUBLIC HEALTH EMERGENCY SEVEN PHASE THREE EASING OF CERTAIN Ps ‘TEMPORARY RESTRICTIONS DUE TO NOVEL CORONAVIRUS (COVID-19); issue by Governor Ralph S. Northam and Health Commissioner M. Norman Oliver, June 30, 2020. Observat ual understan Between July 17, 2020 and November 15, 2020, the Lynchburg Health Department (LHD) received six complaints alleging violations of Executive Orders 63 and 67. 1, On July 17, 2020, a complaint was made alleging that employees and customers were not wearing facial coverings and not following social distancing requirements. The » complainant stated the following: “the cook and waitresses were ‘NOT wearing masks. This establishment is so small that social distancing is almost impossible. People were sitting all around the bar and none of the people dining in were wearing masks”. On August 23, 2020, a complaint was made alleging that employees and customers were not wearing facial coverings and not following social distancing requirements. The ‘complainant also stated the following: “The woman behind the counter who takes orders and hands you the food. said I don't need to wear a mask in here because we are all going to get it anyway. She says she is "wearing a pad and people can still smell farts through the pad, and underwear, and jeans, so the mask won't do any good. The cooks also ‘weren't wearing masks.” 3. On Sepiember 11, 2020, a complaint was made alleging that employees and customers ‘were not wearing facial coverings and not following social distancing requirements. The complainant also stated the following: “People preparing food for public consumption should be wearing masks and practicing social distancing.” 4. On 11, 2020, Emily Guthrie, Environmental Health Technical Specialii called the facility and spoke with the manager. The details from the follow-up follows: “I spoke with the manager on duty, Debbie, and she stated that all empl working with customers are required to wear a face mask. The cooks do not work ‘customers and it is difficult for them to wear a face mask due to the heat, but they ‘mindful of social distancing. No further action at this time.” . On September 16, 2020, Emily Guthrie, Environmental Health Technical Specialist, c it The observations made during the site visit are as follows: “I ed a site visit to follow up with this complaint and spoke with Debbie, the PIC. the facility is currently designed has the flattop and prep area in the comer. ‘plexiglass installed where it was open. There are no customers permitted to sit where the food prep area is, and the employees are concemed about wearing ing at the gas prep area. The cooks also do not serve customersTexas Inn 10. IL. Page 6 of 7 November 20, 2020 if there was no prep/ware washing adjacent to customer seating. This will be corrected immediately.” On October 26, 2020, a complaint was made alleging that employees and customers were not wearing facial coverings and not following social distancing requirements. The complainant also stated the following: “Most staff & most customers are not wearing masks in the front area. The staff do not care about masks nor do most customers clearly. Then people will sit one bar stool away from others & get mad if you say anything. On October 29, 2020, a complaint was made alleging that employees and customers were not wearing facial coverings and not following social distancing requirements. The complainant also stated the following: “Over the summer people here clearly didn't care about the rules to not get the virus & I told the health department about. This place still has most employees without masks, customers are not required to wear masks, & the health department just don't enforce the rules here.” ‘On October 29, 2020, Emily Guthrie, Environmental Health Technical Specialist, conducted a site visit. The observations made during the site visit are as follows: “when employees are working in the front area they were all wearing masks over their mouth and nose. Some customers were sitting next to each other but that is because they came in together. The establishment should keep people from sitting across from the grill even though there is plexiglass up. Otherwise, all prep/warewashing has been moved to the back to be able to use bar seating and people are asked to sit 6 feet apart. I also observed people waiting outside when they were busy.” On November 5, 2020, Emily Guthrie, Environmental Health Technical Specialist, conducted a follow-up site visit to re-assess compliance. During the site visit the follow was observed: employees were wearing facial coverings up front; two customers were waiting in line with masks on, 7-10 customers during the visit were seated only 1 bar stool between each customer, unless they were there together, and seating was open and available across from the grill. Recommendations made during this site visit included the removal of the two bar stools adjacent to the grill, at least 2 bar stools between customers must be open, and customers waiting in line must wear masks and socially distance (signs are posted), On November 15, 2020, a complaint was made alleging that employees and customers ‘were not wearing facial coverings and not following social distancing requirements, The complainant also stated the following: “People sitting too close to us at bar near where they cook in front of you and they don't care if customers come in wearing masks or not. oe think they really believe COVID virus is real and it's sad because any of us might get it.” On October 29, 2020, Emily Guthrie, Environmental Health Technical Specialist, conducted a site visit. The following was observed during this visit: almost all bar seats fad customers siting in them and they were not 6” apart; the two bar stools adjacent to the cook had been removed; all employees were wearing masks at the front apart fromReceived by :gfercda. Page 7 of 7 Texas Inn November 20, 2020 does not serve food or assist customers. During the visit, the challenges the cook who ‘th social distancing requirements and facial ‘with enforcing customer compliance wi coverings were discussed with management. Recommendations LHD recommends you take the following steps to address terms of Executive Orders 63 and 67: jour failure to comply with the in customer-facing areas wear face coverings 1 Ese hat al pans and all employee eeatng be i both the mouth and the nose except while eating or drinking, Face coverings must cover while indoors. 2. Ensure that parties are seated at least six feet apart, . é 3 Ensure six feet of spacing between patrons, including those waiting to enter, waiting to be seated, and waiting to be served. ‘ 4 4. Due to the small space, customers may have to be instructed to wait outside for seating or ordering. '5, Do not allow any congregating at the bar or along the back wall. This Notice sets forth above LHD’s observations, alleged violations of Executive Orders 68 and 67, and provides recommended actions. Please be advised if the alleged violations are not remedied or violations continue, the LHD will seek enforcement action pursuant to Executive Orders 61, 63, and 67, including Class 1 criminal misdemeanor and civil injunctive relief. Furthermore, in accordance with 12VACS5-421-3770, the director may suspend, without a hearing, a permit to operate a restaurant if the director finds the continued operation constitutes a substantial and imminent threat to the public health, except the director may suspend the permit ofa temporary restaurant as addressed under 12VAC5-421-3870. Upon receipt of such notice ‘that a permit is suspended, the permit holder shall cease food operations immediately and begin corrective action. ‘A copy of this Notice will be forwarded to the Virginia Department of Labor and Industry (DOL). DOLI recently enacted regulations addressing the spread of COVID-19, the Emergency Temporary Standard Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220, which requires certain employees wear facial coverings. Please contact me at (434) 477-5903 or via email at jim.bowles@vdh.virginia gov should you have questions or wish to discuss this Notice, including recommended actions. Sincerely, HReesrto ‘Tames H. Bowles Environmental Health Manager Ce: DOLI, Lynchburg Office ON o93220Q0COMMONWEALTH of VIRGINIA. DEPARTMENT OF HEALTH cenT RAL VIRGINIA HEALTH DISTRICT SERVING THE COUNTIES OF ‘AMHERST 907 ALLEGHANY A\ WE, LYNCHBURG, VA 24501 : APPOMATTOX HONE: (434) 477-5900 a (CAMPBELL CITY OF LNCHAURG November 20, 2020 NOTICE OF VIOLATION OF EXECUTIVE ORDER Texas Inn Attn: David Saunders 422 Main St. Lynchburg, VA 24504 Re: Notice of Violation of Executive Orders 63 and 67 Dear Mr. Saunders: This Notice of Violation of Executive Orders 63 and 67 (Notice) is to inform you the Lynchburg Health Department (LHD) has received multiple complaints that your facility violated Executive Orders 63 and 67 by failing to enforce face covering and social distancing requirements. Observations forming the basis of this Notice include: kground and observations: ‘The information below provides context and background as to the basis for the actions contained herein. 1. Following the Commissioner declaring COVID-19 a disease of public health threat on February 7, 2020, Virginia Governor Ralph S. Northam declared a state emergency due to COVID-19 on March 12, 2020, by Executive Order No. 51. 2. Inaneffort to contain, control, and prevent further spread of COVID-19, on additional measures to reduce March 17, 2020, Governor Northam announced t 2 unnecessary risks to citizens of the Commonwealth. Such measures included social restaurants, fitness centers, and distancing and reducing seating capacity of VDHe ‘Protecting You and Your Environment