Gov. Reynolds Signs New Emergency Proclamation

DES MOINES –  Gov. Reynolds signed a new proclamation continuing the State Public Health Emergency Declaration, ordering additional closures and relaxing additional regulations to support the state’s efforts to combat COVID-19. The proclamation also calls on law enforcement to assist in the enforcement of these mitigation efforts. Gov. Reynolds discussed the new proclamation at her 11:00 a.m. press conference. View that press conference on her Facebook page here.

 

To encourage further social distancing and mitigation efforts, the proclamation orders additional closures effective at 8:00 a.m. on Tuesday, April 7th until Thursday, April 30th:

Malls
Tobacco or vaping stores
Toy, gaming, music, instrument, movie, or adult entertainment stores
Social and fraternal clubs, including those at golf courses
Bingo halls, bowling alleys, pool halls, arcades, and amusement parks
Museums, libraries, aquariums, and zoos
Race tracks and speedway.
Roller or ice skating rinks and skate parks
Outdoor or indoor playgrounds or children’s play centers
Campgrounds

In addition, all unsolicited door-to-door sales are prohibited.

Mass gatherings as outlined in the proclamation below
Restaurants and bars limited to carry out.
Fitness centers
Swimming pools
Salons: All salons, including all establishments providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code § 157.1, shall continue to be closed.
Medical spas
Barbershops
Tattoo establishments
Tanning facilities
Massage therapy establishments
Theaters: All theaters or other performance venues at which live performances or motion pictures are shown shall continue to be closed.
Casinos and gaming facilities:
Other nonessential retail establishments outlined in the proclamation: Bookstores; clothing stores; shoe stores; jewelry stores; luggage stores; cosmetic, beauty, or perfume stores; florists; and furniture and home furnishing stores shall continue to be closed. These establishments may still serve the public through online or telephone sales, delivery, or curb-side pick-up. This closure order does not affect other retail establishments, such as discount stores, grocery stores, or pharmacies that sell these goods in addition to other essential food, medical supplies, and household goods.
Senior citizen centers and adult daycare facilities:  All facilities that conduct adult day services or other senior citizen centers are hereby closed.
Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers
Livestock auctions of food animals with more than 25 people and all other auctions with more than 10 people are prohibited.

The following establishments and behaviors that are already prohibited:

The full text of the proclamation can be read below and viewed online:

WHEREAS, the World Health Organization has reported an outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency; and

WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to coordinate the State of Iowa’s response to this outbreak and such disaster continues to exist; and

WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a global pandemic; and

WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency; and

WHEREAS, on March 17, 2020, a Proclamation of Public Health Disaster Emergency was issued to provide additional needed resources and measures to respond to this disaster, was extended on April 2, 2020, and such public health disaster continues to exist; and

WHEREAS, the risk of transmission of COVID-19 may be substantially reduced by temporarily closing certain additional public establishments, continuing the previous closures, and continuing to prohibit mass gatherings; and

WHEREAS, strict compliance with the provisions of Iowa Code § 123.30(3)(c) regarding sale of unopened containers of alcoholic beverages to patrons for consumption off premises by class “C” liquor control licensees would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state; and

WHEREAS, strict compliance with the regulatory provisions of Iowa Code § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state; and

WHEREAS, strict compliance with the provisions of Iowa Code §§ 123.30(3)(c) and 123.49(2)(d), prohibiting a class “C” liquor control license holder from selling mixed drinks or cocktails for consumption off premises, would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:

ADDITIONAL ESTABLISHMENT CLOSURES AND ORDERS

SECTION ONE.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order the following additional closures and orders beginning at 8:00 a.m. on April 7, 2020, and continuing until 11:59 p.m. on April 30, 2020:

A.   Malls: All enclosed malls shall be closed, including interior common areas and any retail establishment that only accessible to the public from the interior common areas. A retail establishment that may be directly accessed from outside the mall is not required to close by this paragraph.

B. Tobacco or vaping stores: All tobacco, cigarette, cigar, or vaping stores shall be closed.

C.   Toy, gaming, music, instrument, movie, or adult entertainment stores:  All toy, gaming, music, instrument, movie, or adult entertainment stores shall be closed.

D.   Social and fraternal clubs:  All social and fraternal clubs, including but not limited to American Legion or VFW posts, Elks Clubs, country clubs, and golf course clubhouses shall be closed, except that food and beverages may be sold if such food or beverages are promptly taken from the premises and a golf course clubhouse may also be open to the minimal extent necessary to facilitate use of the golf course provided appropriate social distancing practices are implemented.

E. Amusements: All bingo halls, bowling alleys, pool halls, arcades, and amusement parks shall be closed.

F. Museums, libraries, aquariums, and zoos: All museums, libraries, aquariums, and zoos shall be closed.

G.   Race tracks: All race tracks and speedways shall be closed and shall not host any races, events, or other gatherings.

H.   Skating rinks and parks: All indoor or outdoor roller or ice skating rinks and skate parks shall be closed.

I. Playgrounds: All outdoor or indoor playgrounds or children’s play centers shall be closed. This order does not apply to playgrounds in private residences or childcare facilities.

J. Campgrounds: All public and private campgrounds shall be closed to temporary recreational use. This order shall not prohibit the use of a campground by a long-term or permanent tenant who resides at the campground. All cabins and yurts in state parks shall also be closed to temporary residents.

K.   Door-to-door sales:  All unsolicited door-to-door sales and solicitations at all homes and residences is hereby prohibited.

CONTINUED BUSINESS CLOSURES

SECTION TWO.  Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby continue to extend the following orders until 11:59 p.m. on April 30, 2020:

A.   Restaurants and bars: All restaurants and bars shall continue to be closed to the general public except that to the extent permitted by applicable law, and in accordance with any recommendations of the Iowa Department of Public Health, food and beverages may be sold if such food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

B. Fitness centers: All fitness centers, health clubs, health spas, gyms, aquatic centers shall continue to be closed.

C.   Swimming pools: All swimming pools and spas, wading pools, water slides, wave pools, spray pads, and bath houses, as defined in Iowa Code § 135I.1, shall continue to be closed.

D.   Salons: All salons, including all establishments providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code § 157.1, shall continue to be closed.

E. Medical spas: All medical spas, as defined in Iowa Admin Code § 653-13.8(1), shall continue to be closed.

F. Barbershops: All Barbershops, as defined Iowa Code § 158.1, shall continue to be closed.

G.   Tattoo establishments: All Tattoo establishments, as regulated by Iowa Code § 135.37, shall continue to be closed.

H.   Tanning facilities: All tanning facilities, as defined by Iowa Code § 136D.2(5) shall continue to be closed.

I. Massage therapy establishments: All establishments where an individual is practicing massage therapy as defined by Iowa Code § 152C.1(3) shall continue to be closed.

J. Theaters: All theaters or other performance venues at which live performances or motion pictures are shown shall continue to be closed.

K.   Casinos and gaming facilities: All casinos and other facilities conducting pari-mutuel wagering or gaming operations shall continue to be closed.

L. Other nonessential retail establishments:  Bookstores; clothing stores; shoe stores; jewelry stores; luggage stores; cosmetic, beauty, or perfume stores; florists; and furniture and home furnishing stores shall continue to be closed. These establishments may still serve the public through online or telephone sales, delivery, or curb-side pick-up. This closure order does not affect other retail establishments, such as discount stores, grocery stores, or pharmacies that sell these goods in addition to other essential food, medical supplies, and household goods.

M.  Senior citizen centers and adult daycare facilities:  All facilities that conduct adult day services or other senior citizen centers are hereby closed.

SECTION THREE.  I continue to direct all state agencies to coordinate expeditiously in developing plans to mitigate the economic effects of the closings necessitated by this disaster, including potential financial support, regulatory relief, and other executive actions.

MASS GATHERINGS

SECTION FOUR.  Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers until 11:59 p.m. on April 30, 2020.

A.   A gathering of people inside parked cars, trucks, or other enclosed motor vehicles shall not constitute a gathering of more than 10 people if no more than 10 people are inside each vehicle, all people remain inside the vehicle at all times, and the vehicle remains enclosed with all windows, sunroofs, and convertible tops closed.

B. Planned large gatherings and e*vents must be canceled or postponed until after termination of this disaster.

SECTION FIVE.  All auctions with more than 10 people present in person are hereby prohibited until 11:59 p.m. on April 30, 2020, at all locations and venues, except for livestock auctions that only include food animals, which may continue to operate so long as there are no more than 25 people present in person. People who remain inside parked cars, trucks, or other enclosed motor vehicles shall not be counted in considering the number of people present, provided all people remain inside the vehicle at all times, and the vehicle remains enclosed with all windows, sunroofs, and convertible tops closed.

ENFORCEMENT BY PEACE OFFICERS

SECTION SIX.  In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation.

SALES OF ALCOHOL EXTENSIONS

SECTION SEVEN.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.30(3)(c) prohibiting a holder of a class “C” liquor control license from selling unopened bottles of wine or alcoholic liquor for consumption off premises. Class “C” licensees may continue to sell beer for consumption off premises. Beverages may be sold if promptly taken from the premises, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Suspension of this provision will now continue until 11:59 p.m. on April 30, 2020.

SECTION EIGHT.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale. Suspension of this provision will now continue until 11:59 p.m. on April 30, 2020.

SECTION NINE.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 123.30(3)(c) and 123.49(2)(d), to the extent a class “C” liquor control license holder is prohibited from selling mixed drinks or cocktails for consumption off premises. Mixed drinks or cocktails may be sold if sealed with a lid or other method of securing the product and promptly taken from the premises prior to any consumption, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Nothing in this provision alters or modifies the provisions of Iowa Code §§ 321.284 or 321.284A related to open containers in motor vehicles. Suspension of this provision is effective immediately and will continue until 11:59 p.m. on April 30, 2020.

IMPLEMENTATION AND INTERPRETATION

SECTION TEN.  The Iowa Department of Public Safety, Iowa Department of Public Health, Iowa Department of Education, Iowa Department of Homeland Security and Emergency Management, Iowa Department of Transportation, and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public’s health and safety.

SECTION ELEVEN.  Nothing contained in this declaration shall be construed as an exemption from any other portion of the Iowa Code or Iowa Administrative Code not specifically identified in this proclamation.

SECTION TWELVE.  The provisions of this proclamation shall be effective immediately, unless otherwise noted. This state of public health disaster emergency shall now expire on April 30, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.

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