HF 1514

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 01:39pm

A bill for an act
relating to state government; modifying COVID-19 business restrictions;
appropriating money for payments to certain bars and restaurants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin COVID-19 BUSINESS RESTRICTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Effect. new text end

new text begin Notwithstanding any conflicting provision in an emergency
executive order, this act governs the operation of certain industries in the state during the
COVID-19 peacetime emergency. Businesses may implement additional or more stringent
measures than those required under this act. Until rescinded by the governor or terminated
by the proper authority, all provisions of an emergency executive order not in conflict with
this act remain in effect.
new text end

new text begin Subd. 2. new text end

new text begin Statewide COVID-19 risk level. new text end

new text begin No later than one week after the effective
date of this section and every two weeks thereafter, the commissioner of health must utilize
the nonprofit Covid Act Now framework and certify the current COVID-19 risk level for
the state as severe (maroon), critical (red), high (orange), medium (yellow), or low (green).
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin This act may be enforced as provided in Minnesota Statutes,
section 12.45.
new text end

new text begin Subd. 4. new text end

new text begin Other law. new text end

new text begin In addition to this act, businesses are subject to other applicable
state and local laws and ordinances.
new text end

Sec. 2. new text begin BARS AND RESTAURANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this act, "bars and restaurants" means bars,
restaurants, and other places of public accommodation that offer food, beverages, or tobacco
products for on-premises consumption.
new text end

new text begin Subd. 2. new text end

new text begin General restrictions and requirements. new text end

new text begin In addition to the restrictions in this
section, bars and restaurants are subject to the general business restrictions and requirements
in section 7.
new text end

new text begin Subd. 3. new text end

new text begin Severe risk status. new text end

new text begin When the state COVID-19 risk status is severe, bars and
restaurants must close and remain closed.
new text end

new text begin Subd. 4. new text end

new text begin Critical risk status. new text end

new text begin When the state COVID-19 risk status is critical, bars and
restaurants are subject to the following restrictions:
new text end

new text begin (1) bars and restaurants are encouraged to limit service to takeout and delivery; and
new text end

new text begin (2) if a bar or restaurant offers dine-in service:
new text end

new text begin (i) occupancy is limited to 50 percent of normal capacity with physical barriers or a
minimum spacing of six feet between parties;
new text end

new text begin (ii) outdoor seating must be encouraged to the extent practicable, and physical barriers
or a minimum of six feet of space must be maintained between outdoor tables;
new text end

new text begin (iii) standing room is prohibited and all food, beverage, and tobacco products must be
consumed while seated;
new text end

new text begin (iv) bar seating is prohibited unless a physical barrier separates staff from customers
and seating is limited to no more than two guests per group with at least six feet of space
between groups;
new text end

new text begin (v) indoor or outdoor waiting areas must be marked for social distancing, with only one
member of a party allowed in the waiting area at a time;
new text end

new text begin (vi) self-service is prohibited except for prepackaged items; and
new text end

new text begin (vii) dance floors, as well as pool tables, dart boards, shuffleboard, arcades, and other
gaming areas should be closed.
new text end

new text begin Subd. 5. new text end

new text begin High risk status. new text end

new text begin When the state COVID-19 risk status is high, bars and
restaurants are subject to the following restrictions:
new text end

new text begin (1) bars and restaurants may offer dine-in, takeout, and delivery;
new text end

new text begin (2) occupancy is limited to 70 percent of normal capacity;
new text end

new text begin (3) physical barriers or a minimum of six feet of space must be maintained between
indoor tables, but back-to-back booth seating is allowed;
new text end

new text begin (4) outdoor seating must be encouraged to the extent practicable, and physical barriers
or a minimum of six feet of space must be maintained between outdoor tables;
new text end

new text begin (5) standing room is prohibited and all food, beverage, and tobacco products must be
consumed while seated;
new text end

new text begin (6) bar seating is limited to no more than two guests per group with physical barriers or
at least six feet of space between groups;
new text end

new text begin (7) indoor or outdoor waiting areas must be marked for social distancing with only one
member of a party allowed in the waiting area at a time;
new text end

new text begin (8) self-service, including buffets and salad bars, are allowed only if pre-portioned
servings are offered or portions are served by an employee;
new text end

new text begin (9) beverage stations that are not touch-free must be cleaned after each use; and
new text end

new text begin (10) dance floors, as well as pool tables, dart boards, shuffleboard, arcades, and other
gaming areas should be closed.
new text end

new text begin Subd. 6. new text end

new text begin Medium risk status. new text end

new text begin When the state COVID-19 risk status is medium, bars
and restaurants are subject to the following restrictions:
new text end

new text begin (1) bars and restaurants may offer dine-in, takeout, and delivery;
new text end

new text begin (2) occupancy is limited to 90 percent of normal capacity with physical barriers or a
minimum spacing of six feet between parties;
new text end

new text begin (3) standing room is allowed if the bar or restaurant monitors social distancing; and
new text end

new text begin (4) pool tables, dart boards, shuffleboard, arcades, and other gaming areas may be open
if gaming equipment is not shared by customers or is cleaned and disinfected between
customers.
new text end

new text begin Subd. 7. new text end

new text begin Low risk status. new text end

new text begin When the state COVID-19 risk status is low, bars and
restaurants may resume normal occupancy and activity but remain subject to the requirements
for all bars and restaurants in subdivision 8 and section 7.
new text end

new text begin Subd. 8. new text end

new text begin All levels; actions required and encouraged. new text end

new text begin (a) All bars and restaurants
must:
new text end

new text begin (1) ensure that menus and drink coasters are single-use or of a material that can be
sanitized after each use; and
new text end

new text begin (2) remain closed at least four hours each day for cleaning.
new text end

new text begin (b) All bars and restaurants are encouraged to implement the COVID-19 Preparedness
Plan Requirements for Restaurants and Bars document dated February 12, 2021, and posted
on the Department of Health's website.
new text end

Sec. 3. new text begin VENUES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this act, "venues" means private businesses
that offer space for celebrations, receptions, ceremonies, private parties, or other social
gatherings or meetings.
new text end

new text begin Subd. 2. new text end

new text begin General restrictions and requirements. new text end

new text begin In addition to the restrictions in this
section, venues are subject to the general business restrictions and requirements in section
7.
new text end

new text begin Subd. 3. new text end

new text begin Severe risk status. new text end

new text begin When the state COVID-19 risk status is severe, venues
must close and remain closed.
new text end

new text begin Subd. 4. new text end

new text begin Critical risk status. new text end

new text begin When the state COVID-19 risk status is critical, venues
are subject to the following restrictions:
new text end

new text begin (1) occupancy is limited to 25 percent of normal room capacity with physical barriers
or a minimum spacing of two empty seats or six feet between parties;
new text end

new text begin (2) every other row of chairs, bleachers, or similar seating must be closed;
new text end

new text begin (3) a minimum of ten feet of space must be maintained in all directions between all
booths, activities, entertainment, and tables to allow for social distancing and attendee flow;
new text end

new text begin (4) lines and waiting areas must be marked or posted to maintain social distancing;
new text end

new text begin (5) ingress and egress must be one-way to the extent practicable;
new text end

new text begin (6) standing room must not be allowed and entry area standing should be minimized by
encouraging attendees to quickly access their seats or viewing area; and
new text end

new text begin (7) bar seating is prohibited unless a physical barrier separates staff from customers and
seating is limited to no more than two guests per group with physical barriers or at least six
feet of space between groups.
new text end

new text begin Subd. 5. new text end

new text begin High risk status. new text end

new text begin When the state COVID-19 risk status is high, venue occupancy
is limited to 50 percent of normal room capacity.
new text end

new text begin Subd. 6. new text end

new text begin Medium risk status. new text end

new text begin When the state COVID-19 risk status is medium, venue
occupancy is limited to 75 percent of normal room capacity.
new text end

new text begin Subd. 7. new text end

new text begin Low risk status. new text end

new text begin When the state COVID-19 risk status is low, venues may
resume normal occupancy and activity but remain subject to the requirements in section 7.
new text end

new text begin Subd. 8. new text end

new text begin All levels; actions encouraged. new text end

new text begin All venues are encouraged to implement the
COVID-19 Stay Safe Guidance for Entertainment and Meeting Venues dated February 12,
2021, and posted on the Department of Labor and Industry's website.
new text end

Sec. 4. new text begin FITNESS CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this act, "fitness centers" means private
exercise facilities, gymnasiums, indoor sports facilities, climbing facilities, martial arts
facilities, and dance and exercise studios.
new text end

new text begin Subd. 2. new text end

new text begin General restrictions and requirements. new text end

new text begin In addition to the restrictions in this
section, fitness centers are subject to the general business restrictions and requirements in
section 7.
new text end

new text begin Subd. 3. new text end

new text begin Severe status. new text end

new text begin When the state COVID-19 risk status is severe, fitness centers
must close and remain closed.
new text end

new text begin Subd. 4. new text end

new text begin Critical status. new text end

new text begin When the state COVID-19 risk status is critical, fitness centers
are subject to the following restrictions:
new text end

new text begin (1) if members or customers engaged in high-intensity activities are unable to wear a
face covering, the activity must be conducted outdoors or in a location with enhanced
ventilation and air exchange;
new text end

new text begin (2) high-intensity group classes are not recommended;
new text end

new text begin (3) fitness centers must prohibit or deter use of fitness equipment where a minimum of
12 feet of space cannot be maintained between members or customers;
new text end

new text begin (4) vestibules, seating areas, and other places where people congregate must be closed
or cordoned off;
new text end

new text begin (5) signage must be installed and maintained to discourage contact sports and games;
and
new text end

new text begin (6) usage of saunas, hot tubs, steam rooms, and similar areas are limited to one person
or family at a time.
new text end

new text begin Subd. 5. new text end

new text begin High risk status. new text end

new text begin When the state COVID-19 risk status is high, high-intensity
group classes are limited to ten members or customers, but may exceed this limit if the room
accommodates one person for every 144 square feet of space.
new text end

new text begin Subd. 6. new text end

new text begin Medium risk status. new text end

new text begin When the state COVID-19 risk status is medium,
high-intensity group classes are allowed if a minimum of six feet of social distancing is
maintained.
new text end

new text begin Subd. 7. new text end

new text begin Low risk status. new text end

new text begin When the state COVID-19 risk status is low, fitness centers
may resume normal occupancy and activity but remain subject to the requirements in
subdivision 8 and section 7.
new text end

new text begin Subd. 8. new text end

new text begin All levels; actions required and encouraged. new text end

new text begin (a) Regardless of state COVID-19
risk level, all fitness centers must:
new text end

new text begin (1) require employees to wear facial coverings and customers to wear facial coverings
to the extent practicable;
new text end

new text begin (2) develop or encourage online fitness participation;
new text end

new text begin (3) establish specific hours for high-risk members or customers only;
new text end

new text begin (4) allow at least 15 minutes for cleaning between classes;
new text end

new text begin (5) suspend 24-hour facility access unless employees are continually on site and
equipment, bathrooms, locker rooms, and other facilities are closed daily for cleaning;
new text end

new text begin (6) clean water fountains after each use and encourage members and customers to bring
and use their own water bottles;
new text end

new text begin (7) limit shower and locker room use to no more than ten people at a time; and
new text end

new text begin (8) maintain at least six feet of space between clients and personal trainers.
new text end

new text begin (b) All fitness centers are encouraged to implement the COVID-19 Preparedness Plan
Guidance: Requirements for Gyms, Studios, and Fitness Centers document dated February
12, 2021, and posted on the Department of Labor and Industry's website.
new text end

Sec. 5. new text begin PERSONAL CARE SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this act, "personal care services" means
tanning establishments, body art establishments, tattoo parlors, piercing parlors, businesses
offering massage therapy or similar body work, spas, salons, nail salons, cosmetology salons,
esthetician salons, advanced practice esthetician salons, eyelash salons, and barber shops.
new text end

new text begin Subd. 2. new text end

new text begin General restrictions and requirements. new text end

new text begin In addition to the restrictions in this
section, personal care services are subject to the general business restrictions and
requirements in section 7.
new text end

new text begin Subd. 3. new text end

new text begin Severe risk status. new text end

new text begin When the state COVID-19 risk status is severe, personal
care services must close and remain closed.
new text end

new text begin Subd. 4. new text end

new text begin All other risk levels. new text end

new text begin When the state COVID-19 risk status is critical, high,
medium, or low, personal care services are subject to the following restrictions:
new text end

new text begin (1) facial coverings are required for employees and customers;
new text end

new text begin (2) check-in and waiting areas must allow for a minimum six feet of social distancing;
new text end

new text begin (3) initial planning or health consultations must be conducted by phone or video to the
extent practicable;
new text end

new text begin (4) specific hours must be established for high-risk customers only;
new text end

new text begin (5) all customers must be screened for symptoms including temperature checks;
new text end

new text begin (6) customer health screening questionnaires must be provided and completed within
24 hours of each appointment;
new text end

new text begin (7) plastic partitions between stations or chairs are recommended where practicable;
new text end

new text begin (8) work on the customer's face must be discouraged to the extent practicable;
new text end

new text begin (9) no food or beverage, other than prepackaged items, may be served; and
new text end

new text begin (10) appointment scheduling must allow sufficient time for cleaning between customers.
new text end

new text begin Subd. 5. new text end

new text begin All levels; actions encouraged. new text end

new text begin All personal care services are encouraged to
implement the COVID-19 Preparedness Plan Guidance: Requirements for Personal Care
Services dated February 12, 2021, and posted on the Department of Labor and Industry's
website.
new text end

Sec. 6. new text begin POOLS AND WATER PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this act, "pools and water parks" means public
pools as defined in Minnesota Statutes, section 144.1222, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin General restrictions and requirements. new text end

new text begin In addition to the restrictions in this
section, pools and water parks are subject to the general business restrictions and requirements
in section 7.
new text end

new text begin Subd. 3. new text end

new text begin Severe status. new text end

new text begin When the state COVID-19 risk status is severe, pools and water
parks must close and remain closed.
new text end

new text begin Subd. 4. new text end

new text begin Critical risk status. new text end

new text begin When the state COVID-19 risk status is critical, pools and
water parks are subject to the following restrictions:
new text end

new text begin (1) occupancy is limited to 25 percent of normal capacity;
new text end

new text begin (2) specific times each day must be reserved for high-risk individuals; and
new text end

new text begin (3) play features, slides, lazy rivers, splash pads, and similar areas should be closed.
new text end

new text begin Subd. 5. new text end

new text begin High risk status. new text end

new text begin When the state COVID-19 risk status is high, occupancy is
limited to 50 percent of normal capacity.
new text end

new text begin Subd. 6. new text end

new text begin Medium risk status. new text end

new text begin When the state COVID-19 risk status is medium,
occupancy is limited to 75 percent of normal capacity.
new text end

new text begin Subd. 7. new text end

new text begin Low risk status. new text end

new text begin When the state COVID-19 risk status is low, pools and water
parks may resume normal occupancy and activity but remain subject to the requirements
in subdivision 8 and section 7.
new text end

new text begin Subd. 8. new text end

new text begin All levels; actions required. new text end

new text begin All pools and water parks must:
new text end

new text begin (1) provide signage and staff to indicate and monitor capacity;
new text end

new text begin (2) mark water features, locker or shower rooms, and bathrooms for social distancing;
new text end

new text begin (3) restrict user flow to one direction for all water features and playgrounds; and
new text end

new text begin (4) prohibit water activities that involve interaction by multiple households.
new text end

Sec. 7. new text begin GENERAL BUSINESS RESTRICTIONS AND REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The restrictions and requirements in this section apply to
bars and restaurants, venues, fitness centers, personal services, and pools and water parks.
If a restriction or requirement in this section is in conflict with a restriction or requirement
elsewhere in this act, the more stringent restriction or requirement applies.
new text end

new text begin Subd. 2. new text end

new text begin All risk levels. new text end

new text begin The following restrictions apply regardless of the state
COVID-19 risk level:
new text end

new text begin (1) occupancy of indoor and outdoor spaces and gatherings must be limited as necessary
to maintain a minimum of six feet of social distancing with physical barriers or six feet of
space between tables;
new text end

new text begin (2) employers must provide face coverings to all employees and strongly encourage
their use;
new text end

new text begin (3) contactless payment methods must be utilized to the extent practicable;
new text end

new text begin (4) physical separation must be provided between customers and cashiers or other
employees at points of service, to the extent practicable;
new text end

new text begin (5) signage must be posted at all entrances to prohibit entry by persons with symptoms
of respiratory illness and to remind all entrants to stay home when sick, wear face coverings,
maintain six feet of social distance, clean hands often, and cover sneezes and coughs;
new text end

new text begin (6) outdoor spaces must be encouraged and used to the extent practicable;
new text end

new text begin (7) social distancing signage must be used to mark six-foot increments where lines form;
new text end

new text begin (8) when applicable, operators should post their temporary occupancy limit prominently
at all entrances;
new text end

new text begin (9) employers must provide hand sanitizer for employee use and at or near each entrance
and cashier station for public use; and
new text end

new text begin (10) ventilation systems must function properly and increase introduction and circulation
of outdoor air to the extent practicable.
new text end

new text begin Subd. 3. new text end

new text begin Critical risk status. new text end

new text begin When the state COVID-19 risk status is critical, businesses
are subject to the following restrictions:
new text end

new text begin (1) employees and customers must wear facial coverings;
new text end

new text begin (2) employees must be screened for symptoms before each shift;
new text end

new text begin (3) occupancy is limited to 50 percent of normal occupant capacity but no more than
150 people with at least six feet of social distancing; and
new text end

new text begin (4) family groups and party sizes are limited to one household or less than ten people
per party.
new text end

new text begin Subd. 4. new text end

new text begin High risk status. new text end

new text begin When the state COVID-19 risk status is high, businesses are
subject to the following restrictions:
new text end

new text begin (1) employees and customers must wear facial coverings;
new text end

new text begin (2) occupancy is limited to 65 percent of normal occupant capacity but no more than
200 people with at least six feet of social distancing; and
new text end

new text begin (3) family groups and party sizes are limited to one household or less than ten people
per party.
new text end

new text begin Subd. 5. new text end

new text begin Medium risk status. new text end

new text begin When the state COVID-19 risk status is medium,
businesses are subject to the following restrictions:
new text end

new text begin (1) facial coverings are strongly recommended; and
new text end

new text begin (2) occupancy is limited to 80 percent of normal occupant capacity but no more than
300 people with at least six feet of social distancing.
new text end

new text begin Subd. 6. new text end

new text begin Low risk status. new text end

new text begin When the state COVID-19 risk status is low, businesses may
resume normal occupancy and activity but remain subject to the requirements in subdivision
2.
new text end

Sec. 8. new text begin BAR AND RESTAURANT SPOILAGE DIRECT PAYMENTS;
APPROPRIATION.
new text end

new text begin $20,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of employment and economic development for direct payments to bars and restaurants that
had food or beverages spoil or expire due to business restrictions put in place in response
to the COVID-19 pandemic. Payments shall be for a set amount that approximates the
average amount that small businesses lost in this manner. The amount shall be determined
after consultation with industry representatives. This is a onetime appropriation and is
available until December 31, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section expires December 31, 2021.
new text end

Sec. 9. new text begin EFFECTIVE DATE; EXPIRATION.
new text end

new text begin This act is effective the day following final enactment and unless specified otherwise
expires the same day that the peacetime emergency declared and extended for the infectious
disease known as COVID-19 expires or is terminated.
new text end