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Deadwood City Commissioners Met During Emergency Session on March 25, 2020

They voted to approve the resolution, below:

NOW THEREFORE, BE IT ORDAINED, by the City Commission of the City of Deadwood that;

Resolution 2020-10:
1. Effective at 5:00 p.m. on March 25, 2020, all restaurants, coffee shops, bars, breweries, distilleries, wineries, 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 takeout, delivery, curbside service, drive-thru 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.

2. Effective at 5:00 p.m. on March 25, 2020, all casinos, poker rooms, gaming, recreational facilities, public pools, libraries, health clubs, athletic facilities, bingo halls, skating rings, miniature golf and theaters, including music or entertainment venues are directed to close and cease operations. Casinos may remain open for the limited purposes for seven days to allow patrons to come forward to cash in any unclaimed winnings but no additional gaming shall be permitted during this time.

3. Effective at 5:00 p.m. on March 25, 2020, all hookah lounges, cigar bars, vaping lounges or other similar business which 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. This resolution shall remain in effect until such time as it is amended and will be reviewed at each City Commission meeting to follow.

4. Effective at 5:00 p.m. on March 25,2020, businesses that offer massage, hair, nail, tattoo or similar services, including home-based businesses, are directed to close and cease operations.

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 and gas stations, hardware stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of paragraph #1.

b. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities.

c. Crisis shelters, homeless shelters or other similar institutions.

d. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster.

6. This resolution shall remain in effect until such time as it is amended and will be reviewed at each City Commission meeting to follow.

7. Any violation of this ordinance is Punishable as a class two misdemeanor. Each day a violation of this ordinance is allowed to occur is considered a separate offense.

Further, any violation of this ordinance also constitutes a public nuisance pursuant to Deadwood Municipal Ordinance 8.16.010 and SDCL 21-10-1. Failure to follow this resolution results in non-compliance with the direction from the Centers for Disease Control and the South Dakota Department of Health endangering the public health and safety. The City may take the steps necessary to abate any public nuisance caused by non-compliance with this resolution pursuant to Deadwood Municipal Ordinances 8.16.030 and 8.16.040 as well as Deadwood’s police powers set forth in SDCL Ch. 9-29 and SDCL Ch. 21-10.

BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-32-1 and 9-29-1, this resolution is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and Deadwood shall become effective immediately upon passage.


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