vaccine requirements for los angeles businesses

WANT TO ENTER A BAR? SHOW YOUR CARD!

VACCINE REQUIREMENTS AFFECTING LOS ANGELES BUSINESSES

Summary

Los Angeles County, the City of Los Angeles, and the City of West Hollywood all recently passed measures requiring certain businesses to limit admission to persons who are vaccinated against COVID-19. The measures are not all the same. Below we summarize the main requirements.

County of Los Angeles Order

On September 28, 2021, the County of Los Angeles Public Health Officer issued an order (the “County Order”) requiring bars, breweries, wineries, distilleries, nightclubs and lounges to require patrons and employees to be fully vaccinated to access indoor portions of such business.

Which locations are covered

The County Order applies to bars, breweries, wineries and distilleries, and to nightclubs and lounges that are open only to persons 18 years of age or order. Full-service restaurants with a connected bar are NOT covered by the vaccine requirements.

What these locations must do

Beginning October 7th, businesses covered by the County Order must require all patrons aged 12 or older to provide proof that they have received at least one dose of COVID-19 vaccination for entry into the indoor portions of the facility. Beginning November 4th, all patrons aged 12 or older and all on-site employees must provide proof of full vaccination (i.e., 14 days have passed since their final COVID-19 vaccination dose) to enter the indoor portions of the facility.

To prove vaccination, individuals must provide both a photo ID and documentation demonstrating the required vaccination status. Self-attestation is insufficient and the name on the photo ID and vaccination documentation must match. A vaccination card, a photo of the card as a separate document, a photo of the card on a phone or electronic device, or a digital vaccination record issued by California are all acceptable.

Individuals who do not provide proof of vaccination may enter the indoor portion:

  • If they are exempted by claiming that they are declining vaccination due to a sincerely held religious belief or if they present documentation signed by a qualified medical professional stating that medical reasons prevent vaccination. Exempted employees must be tested for COVID-19 weekly.
  • To make a delivery or pickup or to provide service to the facility as part of their employment.
  • To get to the outdoor portion of the facility or use the restroom.
  • To order, pick-up, or pay for food or drink “to go.”

City of Los Angeles Ordinance

On October 6, 2021, the Los Angeles City Council approved an ordinance (the “Ordinance”) that will require proof of a COVID-19 vaccination to enter indoor portions of restaurants, bars, shopping centers and other establishments, starting November 4, 2021. The City of Los Angeles ordinance is broader than the County’s.

Which locations are covered

The City Ordinance will apply to any of the following that have at least some portion indoors:

  • Establishments where food or beverages are served, including restaurants, bars, fast food establishments, coffee shops, tasting rooms, cafeterias, food courts, breweries, wineries, distilleries banquet halls and hotel ballrooms.
  • Gyms and fitness venues, including recreation facilities, fitness studios (including for yoga, pilates, dance, and barre), boxing gyms, fitness boot camps and facilities that hold indoor group fitness classes.
  • Entertainment and recreation venues including movie theaters, shopping centers, concert venues, performance venues, adult entertainment venues, commercial event and party venues, sports arenas, convention centers, exhibition halls, museums, malls, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, pool and billiard halls, play areas and game centers.
  • Personal care establishments, including spas, nail salons, hair salons, barbershops, tanning salons, estheticians, skin care, tattoo shops, piercing shops and massage therapy locations, unless medically required.

What these locations must do

Locations covered by the City Ordinance must require patrons to show proof of vaccination, along with photo

ID, before entering indoor portions. Proof of vaccination includes a CDC vaccination card, a photo of such a card, documentation of vaccination from a healthcare provider, or a personal digital COVID-19 vaccine record. Locations must also display signage setting out this requirement.

The following exceptions apply:

  • Patrons are exempt from showing proof of vaccination if they provide a self-attestation that they have medical conditions or a sincerely held religious belief that restrict their ability to get vaccinated.
  • Patrons who are exempt are limited to using outdoor areas of the location, but if unavailable, they may enter indoor area by providing proof of a negative COVID-19 test (within 72 hours).
  • Patrons unable to show proof of vaccination may enter indoor areas for brief periods of time to use the restroom, order, pickup or pay for food/drink to go.

The City Ordinance will also require people to show proof of vaccination or a negative COVID-19 test (within 72 hours) to attend outdoor events with 5,000 or more people.

City of West Hollywood Order

On September 10, 2021, the City of West Hollywood issued an Emergency Executive Order (the “City Order”) implementing vaccination requirements for indoor portions of some businesses throughout the City.

Which locations are covered

The City Order applies to:

  • Establishments where food or drink is served indoors, including, but not limited to; restaurants, bars, nightclubs, theaters, cannabis consumption lounges, and entertainment venues;
  • Health/Fitness facilities, including, but not limited to; gyms, recreation facilities, yoga studios, dance studios, and other fitness establishments, where any patrons engage in cardiovascular, aerobic, strength training, or other exercise involving elevated breathing; and
  • Personal Care Establishments that include businesses that offer personal care services such as but not limited to, esthetician, skin care and cosmetology services, non-medical electrology, body art professional, tattoo parlors, microblading and permanent makeup, piercing shops, massage therapy (non-healthcare), tanning services, nail salons, hair salons and barbershops.

What these locations must do

Patrons: No later than October 11, 2021, covered businesses must require all patrons aged 18 and older to show proof that they are fully vaccinated before entering any indoor portion of a facility, subject only to certain exceptions. Individuals who do not provide proof of full vaccination may use outdoor portions of covered businesses facilities. Persons under the age of 18 are not required to show proof of full vaccination. Signage must be posted at the entrance explaining these rules: Templates are available on the city’s website.

Staff: No later than October 11, 2021, covered businesses must use their best efforts to ascertain the vaccination status of all staff who routinely work onsite and no later than November 1, 2021, must ensure that all staff who routinely work onsite provide proof of full vaccination before entering or working in any indoor portion of the facility. This does not include staff who enter or work in Covered Business facilities on an intermittent or occasional basis or for short periods of time (e.g., individuals who deliver goods or packages). Persons under the age of 18 are not required to show proof of full vaccination.

Proof of full vaccination includes a CDC vaccination card (or a paper or electronic photo or copy); documentation of vaccination from a healthcare provider; or a personal digital COVID-19 vaccine record issued by the State of California or similar documentation issued by another jurisdiction or approved private company.

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