Brookings City Council passes ordinance closing some businesses, restricting others

The measure passed unanimously at Monday night’s meeting as Perry Miller reports…

Here is the entire ordinance:

Ordinance 20-005
An Emergency Ordinance to Address a Public Health Crisis by Implementing
Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of
Coronavirus (COVID-19).
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to
pass ordinances for the purpose of promoting the health, safety, morals, and general welfare,
of the community, and to do what may be necessary for the promotion of health or the
suppression of diseases; and
Whereas, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has
been confirmed in more than 100 countries, including the United States; and
Whereas, COVID-19 is a severe respiratory disease transmitted by person-to-person contact, or
by contact with surfaces contaminated by the virus. In some cases, especially among older
adults and persons with serious underlying health conditions, COVID-19 can result in serious
illness requiring hospitalization, admission to an intensive care unit, and death; and
Whereas, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have
declared the outbreak of COVID-19 as a public health emergency; and
Whereas, on March 13, 2020, President Donald Trump declared a national emergency in
response to the global pandemic of COVID-19; and
Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which
declared a state of emergency to exist in the State of South Dakota in response to the spread of
COVID-19; and
Whereas, cases of COVID-19 have been confirmed in South Dakota; and
Whereas, the CDC and health experts have recommended social distancing to slow the spread
of COVID-19; and
Whereas, social distancing is a method of slowing down or stopping the spread of a contagious
disease by reducing the probability of contact between infected persons and those not infected
in order to minimize disease transmission; and
Whereas, in response to the need to implement social distancing, all schools in the State of
South Dakota have been closed for at least two weeks; and
Whereas, on March 16, 2020, the White House issued guidance recommending that social
gatherings of more than ten (10) people be avoided, and that people avoid eating or drinking at
bars, restaurants and food courts; and
Whereas, the guidance issued by the White House further recommended that in states with
evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor
and outdoor venues where people congregate should be closed; and
Whereas, many states and communities across the country have already implemented the
White House recommendations by ordering all bars, restaurants, food courts, gyms, and other
indoor and outdoor venues where people congregate be closed until the public health
emergency is over; and
Whereas, the failure to successfully implement social distancing will likely result in higher
numbers of infected individuals and has the potential to overwhelm the capacity of the City’s
health care providers; and
Whereas, it is important that control measures be taken to reduce or slow down the spread of
COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors
and those with underlying health conditions that make them particularly vulnerable to COVID19; and
Whereas, the City of Brookings Charter Article II, Section 2.14 allows for the passage of
Emergency Ordinances on their first reading.
Now, Therefore, Be It Ordained, by the City Council of Brookings that:
1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts, coffee
houses, bars, breweries, clubs, cafes and other similar places of public accommodation
offering food and beverages for on-site consumption, including any alcohol licensees
with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may
continue to operate in order to provide take-out, delivery, curbside service, and drivethru service. Any business continuing to operate in order to provide off-site service
should implement procedures to ensure social distancing and operate in compliance
with federal and state health guidance in order to prevent the spread of COVID-19. This
closure will remain in effect through Wednesday, April 8, 2020.
2. Effective at 7:00 p.m. Monday, March 23, 2020, all recreational facilities, public pools,
health clubs, athletic facilities and theaters, including movie theaters and music or
entertainment venues are directed to close and cease operations during this
emergency. This closure will remain in effect through Wednesday, April 8, 2020.
3. Effective at 7:00 p.m. Monday, March 23, 2020, all cigar bars, vaping lounges or other
similar businesses that allow for on-site consumption are directed to cease allowing on-
site consumption, but may continue to offer products for sale to consume off-site under
the same conditions as bars and restaurants outlined in paragraph #1. This closure will
remain in effect through Wednesday, April 8, 2020.
4. Effective at 7:00 p.m. Monday, March 23, 2020, all arcades, bingo halls, bowling alleys,
indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other similar
recreational or entertainment facilities are directed to close and cease operations
during this emergency. This closure will remain in effect Wednesday, April 8, 2020.
5. The prohibitions and closures in this order do not apply to the following businesses:
a. Places of public accommodation that offer food and beverages for off-site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than any
portion of such business which offer on-site consumption which would be subject to
the requirements of paragraph #1.
b. Hardware and supply stores.
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, day care
facilities, and correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
f. Any emergency facilities necessary for the response to the current public health
emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state or federal courts.
6. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall
be automatically repealed unless specifically readopted for an additional period of time
by the City Council. Any dates identified in the ordinance for closures to automatically
end may be adjusted at any time within the sixty (60) day period covered by this
ordinance by a resolution of the City Council.
7. Any violation of this ordinance is subject to the general penalty provision in Section 1.08
of the Brookings Municipal Code. Each day a violation of this ordinance is allowed to
occur is considered a separate offense.
Be It Further Ordained, that, pursuant to SDCL 9-19-13, this ordinance is necessary for the
immediate preservation of the public peace, health, safety, and welfare of the City and shall
become effective immediately upon passage.