What restaurants and foodservice businesses need to know.
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MAY 16, 2020
This is an update on the 2019-nCoV Coronavirus issue and related topics.
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This update to our ORA members and the Ohio restaurant, foodservice and hospitality community addresses rapidly evolving news and the following topics:
- Ohio Restaurant Association Highlights Reopening of Outdoor Dining and Requirements for Restaurants: Seating, Social Distancing and Face Coverings
- Owners and Operators Must Adhere to New State Regulations and Follow the DIRECTOR'S DINE SAFE OHIO ORDER
- Restaurants & Bars Reopen for Outdoor Dining in Ohio
- CARES Act – Phase 4 Heroes Act Passed by the House
- SBA and Treasury Release Paycheck Protection Program Loan Forgiveness Application
- Critical Resources for Your Restaurants
- Important News & Reports for Our Restaurant Industry
- ORA & NRA Survey for Owners/Operators
- Ohio Restaurant Employee Relief Fund
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Ohio Restaurant Association Highlights Reopening of Outdoor Dining and Requirements for Restaurants: Seating, Social Distancing and Face Coverings
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“Ohio’s restaurants take seriously our commitment to health and safety
– for our employees and our guests – and as a community of businesses focused on creating great experiences, we understand just how important it is to do the right thing.
“The vast majority of Ohio’s restaurants and bars have met or exceeded all that is required of them
to responsibly restart their businesses. We are taking steps to provide further clarification to our industry and to educate Ohioans on what they should expect when they visit our bars and restaurants.
“Like everyone, we are concerned about reports of establishments acting inconsistently with reopening guidelines set forth by Ohio Governor Mike DeWine.
We believe these are isolated incidents and not reflective of our industry’s overall positive response to reopening safely.
“It is important to know that under the current state order, open congregate areas of bars and restaurants remain closed, and
all guests must be seated when eating or drinking
.
Social distancing in lines and between tables is required, and most employees will be wearing facial coverings. Especially as Ohio’s restaurants and our guests adjust to operating under these new safe operating guidelines, restaurants and bars should have someone assigned on each shift to take responsibility for assuring these requirements are met.
“While there is no question Ohio’s restaurants and bars continue to adapt to new guidance from the state of Ohio and local health departments, we fully recognize that maintaining a safe dining and hospitality experience must be our firm priority.
The confidence of our guests is essential to assuring the stability and long-term success of Ohio’s restaurant community.”
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Restaurants & Bars Reopen for Outdoor Dining in Ohio
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Many establishments around the state reopened Friday for outdoor dining. The ORA visited several owners and operators in different parts of Ohio, and we were impressed with adherence to social distancing, cleaning and sanitizing, proper seating and other requirements.
The day was filled with some rain, but many owners and operators were thrilled to get back to business, even with social distancing limitations and new procedures. Many businesses said this weekend is a good opportunity to open back up and learn how to operate under the new regulations before indoor dining reopens on May 21.
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Owners and Operators Must Adhere to New State Regulations
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MAKE SURE YOU CAREFULLY REVIEW
CRITICAL DOCUMENTS WITH ALL EMPLOYEES
AND FOLLOW ALL REGULATIONS
2.
State Requirements and Recommended Best Practices documents:
Every owner and operator is required to follow the new regulations
as we begin a recovery from the COVID-19 Pandemic. The new regulations are mandatory and will be enforced by local health departments, who are working with business owners. However, serious violators will be addressed, and enforcement penalties could be severe.
For example, one of the requirements is that every restaurant and bar must establish AND POST maximum dining area capacity using updated COVID-19 compliant floor plans
. The maximum party size per state guidelines is currently 10, and every guest
must be seated
while consuming any food or alcohol,
no exceptions
. Guest groups must also be six foot socially distanced while waiting to be seated, and they may not consume any food or beverage while waiting to be seated.
Unfortunately, there were some reports of establishments in Ohio not following requirements
on Friday and this must end immediately. The
Ohio Restaurant Promise
is an exceptional resource the Ohio restaurant industry to be a leader here and nationally. If you have questions about implementing the guidelines, please reach out to your local health department or us. It is imperative that we all work together to get this right.
Let’s all be leaders and do the right thing
during this opening phase. Every one of our 23,000 restaurant and foodservice locations is depending on those opening this weekend to follow the rules.
NO EXCEPTIONS.
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Specific Language From 5.14.2020
DIRECTOR'S DINE SAFE OHIO ORDER
Restaurants and Bars to Reopen
- All restaurants, bars and other like businesses and operations in the State, which have the onsite consumption of food, beer, wine and liquor, are permitted to reopen for full, dine-in service within the State so long as all workplace safety standards are met.
- These businesses and operations are encouraged to either reopen or remain open if they have not ceased operation during the prior Stay at Home or other ODH Orders.
- Businesses and operations shall continue to comply with Social Distancing Requirements as defined in this Order, including by maintaining six-foot social distancing for both employees and members of the public at all times, including, but not limited to, when any customers are standing in line. Reservations are to be limited to no more than 10 persons.
- Customers must be seated when consuming food, beer, wine and liquor on the premises of the business.
- While the open congregate areas in restaurants and bars that are not necessary for the preparation and service of food and beverages (billiards, card playing, pinball games, video games, arcade games, dancing, entertainment) are not reopening in this Order, the equipment/fixtures do not have to be removed and these areas will open during the next phase of reopening.
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Facial Coverings (Masks)
- Businesses must allow all customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings, except for specifically documented legal, life, health or safety considerations and limited documented security considerations.
- Businesses must require all employees to wear facial coverings, except for one of the following reasons:
- a. Facial coverings in the work setting are prohibited by law or regulation;
- b. Facial coverings are in violation of documented industry standards;
- c. Facial coverings are not advisable for health reasons;
- d. Facial coverings are in violation of the business's documented safety policies;
- e. Facial coverings are not required when the employee works alone in an assigned work area; or
- f. There is a functional (practical) reason for an employee not to wear a facial covering in the workplace. Businesses must provide written justification, upon request of the local health department, explaining why an employee is not required to wear a facial covering in the workplace. At a minimum, facial coverings (masks) should be cloth/fabric and cover an individual's nose, mouth, and chin.
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Social Distancing Requirements
- For purposes of this Order, Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surf aces, and not shaking hands.
- Required measures. Businesses and Operations and businesses must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible:
- Designate six-foot distances. Designating with signage, tape, or by other means six foot spacing for employees and customers in line to maintain appropriate distance;
- Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing products readily available for employees and customers; and
- Online and remote access. Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.
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Enforcement
- This Order may be enforced by State and local law enforcement to the extent set forth in Ohio law Specifically, pursuant to R.C 3701.352 "[n]o person shall violate any rule the director of health or department of health adopts or any order the director or department of health issues under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event." R.C. 3701.56 provides that "[b]oards of health of a general or city health district, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and other officers and employees of the state or any county, city, or township, shall enforce quarantine and isolation orders, and the rules the department of health adopts."
- To the extent any public official enforcing this Order has questions regarding what services are prohibited under this Order, the Director of Health hereby delegates to local health departments the authority to answer questions in writing and consistent with this Order, but does not require local health departments to provide advisory opinions to nongovernmental entities.
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WE ARE ASKING EVERY OWNER/OPERATOR
TO FOLLOW THE OHIO RESTAURANT PROMISE
- Make a commitment about how they are following safety requirements, recommendations for best practices and protocols during the COVID-19 crisis. It is a Promise between the ORA, health officials across the state, restaurant operators and the public – our guests.
- Print out the top page of the document and display it on your doors, windows and inside.
- Find the Promise here: ohiorestaurant.org/ohio-restaurant-promise
- We visited many members yesterday who were displaying the new promise. They were following the new regulations, wearing face coverings, spacing out tables, and cleaning and sanitizing.
- Do not overlook the first Recommended Best Practice in the Promise. Restaurants and bars doing this will go a long way toward mitigating some of the issues we saw in the media yesterday - * Designate and train a single employee per shift to oversee safety, sanitation and required operating compliance measures; ideally this employee will have a clearly identifiable uniform or badge that customers will easily recognize *.
- Thank you to Lee Demers, owner of the Harry Buffalo restaurant and bar in Westerville. He and his team were one of many displaying great leadership yesterday.
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The Centers for Disease Control and Prevention has posted guidance for states on how to safely handle the reopening of restaurants, bars and other businesses. The guidelines say bars and eateries should only reopen once they're able to follow state and local orders, and they include specific methods for maintaining social distancing.
Chain and independent restaurants in states that have begun allowing them to reopen for dine-in service are offering insights into what eateries in the era of the coronavirus will look like. Marlowe's Tavern, a 23-unit Atlanta-based chain, hired additional employees to bus tables and sanitize seating areas between each party, plexiglass dividers separate booths and new filtration systems clean the air.
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CARES Act – Phase 4 Heroes Act Includes Changes to PPP
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The House passed the “HEROES Act" - Democrats' “Phase Four” response to the COVID-19 Pandemic
- The bill includes changes to the Paycheck Protection Program, including the elimination of the requirement that 75 percent of the loan must be used on payroll, and extends the coverage period to December 31, and opens the availability to all nonprofits (not just 501c3 organizations).
- The bill also includes funding for state and local governments, extends expanded unemployment benefits, and distributes another round of direct payments to Americans.
- The legislation will now move to the Senate where Republicans have indicated the bill is “dead on arrival.”
- The measure has provisions that are very important to our industry (including our approach to improving the PPP program), and provisions that will be more challenging for us (extension of enhanced unemployment, extension of emergency paid-sick leave/FMLA).
- While the measure is not expected to pass the Senate as written, House Democrats are saying it's their opening bid for negotiations. Senate Democratic Leader Chuck Schumer has endorsed the PPP changes and will seek to integrate them into anything moving in the Senate.
- Majority Leader Mitch McConnell is likely to pursue a different approach to his “Phase Four” bill, focusing largely on liability safe harbors for businesses that are reopening.
- You can find the National Restaurant Association's analysis of the bill here.
SBA and Treasury Release Paycheck Protection Program Loan Forgiveness Application
WASHINGTON
—Today, the U.S. Small Business Administration, in consultation with the U.S Department of the Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application and detailed instructions for the application.
The form and instructions inform borrowers how to apply for forgiveness of their PPP loans, consistent with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). SBA will also soon issue regulations and guidance to further assist borrowers as they complete their applications, and to provide lenders with guidance on their responsibilities.
The form and instructions include several measures to reduce compliance burdens and simplify the process for borrowers, including:
- Options for borrowers to calculate payroll costs using an “alternative payroll covered period” that aligns with borrowers’ regular payroll cycles
- Flexibility to include eligible payroll and non-payroll expenses paid or incurred during the eight-week period after receiving their PPP loan
- Step-by-step instructions on how to perform the calculations required by the CARES Act to confirm eligibility for loan forgiveness
- Borrower-friendly implementation of statutory exemptions from loan forgiveness reduction based on rehiring by June 30
- Addition of a new exemption from the loan forgiveness reduction for borrowers who have made a good-faith, written offer to rehire workers that was declined
The PPP was created by the CARES Act to provide forgivable loans to eligible small businesses to keep American workers on the payroll during the COVID-19 pandemic. The documents released today will help small businesses seek forgiveness at the conclusion of the eight-week covered period, which begins with the disbursement of their loans.
Click here
to view the application and instructions.
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Critical Resources for Your Restaurants
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Florida Moves to Phase 2, Loosens Restaurant Restrictions Further
On Monday, Florida’s reopening plan will
move to “Phase 2” — which, in part, allows restaurants to double the occupancy limit to 50 percent. Moreover, counties that were previously barred from reopening restaurants—including Miami-Dade and Broward counties—will be able to join the rest of the state on Monday (Palm Beach County was allowed to resume restaurant dine-in service earlier this week).
Expecting your insurance policy to cover your COVID-19 losses? The answer may lie in the fine print or more likely the courts.
Full story.
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Important News & Reports for Our Restaurant Industry
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The pledge is a commitment from Ohio restaurants to keep their customers and employees safe while reopening dining spaces
- Cincinnati CityBeat (blog)
- As Ohio restaurants get ready to open their outdoor dining spaces on Friday, May 15 and indoor dining rooms on Thursday, May 21, the Ohio Restaurant Association has crafted a pledge to help both customers and staff feel safe returning to dining out.
- The Ohio Restaurant Promise is an agreement between restaurant owners and operators and Ohio health officials.
- “We are committed to working with Ohio’s restaurants to help ensure everyone’s safety as we welcome employees and guests back to our patios this week and inside our dining rooms on May 21,” said John Barker, president and CEO of the Ohio Restaurant Association. “That’s why it is critical for our industry to align around the Ohio Restaurant Promise and to adhere to the highest level of safety by following the new requirements and recommendations as outlined by our Administration.”
About 25% of US restaurants won't be able to reopen after the pandemic ends, according to a forecast from OpenTable. Restaurant sales fell $30 billion in March and $50 billion in April, according to the National Restaurant Association.
USA Today
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ORA & NRA Surveys for Owners/Operators
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Ohio Restaurant Association: Please take the ORA’s Weekly Poll, which asks owners and operators to provide data about opening, sales and questions such as:
If you opened your patio seating this weekend, how did it go? What went well and what was challenging?
TAKE THE SURVEY.
National Restaurant Association:
Please take the new survey developed by the National Restaurant Association Research Group. It will enable the NRA to collect important data together for our ongoing shared communications and advocacy activities regarding coronavirus.
TAKE THE SURVEY.
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Ohio Restaurant Employee Relief Fund
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Join this conversation in real time with your peers in the CONNECT online community. It's easy to join this private Facebook group exclusively for ORA members.
Click the logo to go there now.
CONNECT is the place for ORA members to converse and share ideas, stories and support each other. Follow and tag the ORA on our other social media channels to share business hours, menus and specials for public viewing.
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Follow us and share updates with your fellow restaurateurs.
We’re all in this together.
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For additional questions, please contact the following ORA staff:
For questions, related to the members and restaurant community:
JOHN BARKER
President & CEO
LAURA MORRISON
Managing Director of Membership & Employer/Food Safety
614.246.0205
TOD BOWEN
Managing Director of External Affairs & Government Relations
614.296.2310
FOR ALL MEDIA REQUESTS:
HOMA MOHEIMANI
Manager of Media & Communications
614.315.0572
hmoheimani@ohiorestaurant.org
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