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Ordinance #04-20


All restaurants, bars, nightclubs, breweries, cafeterias, banquet and catering halls, and other similar establishments (collectively, "Food Service Establishments") that sell and/or serve food or beverages for consumption on-premises located within the District boundaries, to the extent permitted by applicable law shall comply with the following:

1. The number of persons in the Food Service Establishment shall not exceed 50% of the Food Service Establishment's Maximum Occupancy as determined by the WV Fire Marshall.

2. No food shall be served in a buffet format.

3. Self-service beverages are permitted, and all equipment and/or materials for self

service should be cleaned and sanitized frequently.

4. All food and beverages shall be consumed by seated patrons only.

5. All tables and seats shall be cleaned and disinfected between each guest seating in accordance with the CDC guidelines.

6. All Food Service Establishments shall not be open to the public between the hours of 11:00pm and 6:00am EST for on-premises consumption; provided, however that during such hours Food Service Establishments may continue to (a) sell food and beverage that is promptly taken from the premises i.e., carry out and (b) deliver food and beverages to customers off the premises.

7. All patrons ordering food and/or drinks at a bar or other POS, must be purchasing for the purpose of off-premises consumption or consumption only while seated at a table or seated in a gaming room.

8. Update floor plans for common dining areas, redesigning seating arrangements to ensure at least six (6) feet of separation from seating-to-seating. Spacing requirements also apply to outdoor dining areas. Clear paths must be designed to allow patrons to enter and exit the outdoor dining area without breaking the six (6) feet social-distancing barriers.

9. Enforce social distancing for those not residing together while present on such entity’s leased or owned property.

10. Do not allow patrons to congregate in waiting areas. Design a process to ensure patron separation while waiting to be seated or pick up their take-away order; the process can include ground markings, distancing, or waiting in cars.

11. If possible, use an exit from the facility separate from the entrance.

12. The use of non-touch or disposable paper menus discarded after each patron use is strongly encouraged. If not feasible, reusable menus should be cleaned and sanitized between use.

13. Casinos: Occupancy: For limited video lottery retail locations that are standalone facilities, restrict facility occupancy to 50 percent of capacity as dictated by fire code. For limited video lottery retail locations operating out of bars, restaurants, or other related business entities, such limited video lottery retailers must adhere to the occupancy limitations associated with the guidance published for those businesses. Social Distancing - Video Lottery: To the greatest extent possible, casinos should space out or limit the number of machines to enable proper social distancing (e.g. physically move machines, remove chairs and turn off certain machines) or, where such physical spacing is not possible, casinos should implement use of physical barriers to separate customers (e.g. safety glass, plexiglass or solid plastic shields) provided use of any such barrier must be approved by the Lottery Commission.

14. No seating at any bar shall be permitted.

15. Masks shall be always worn by all patrons except while seated and actively consuming food or beverages.

16. Masks shall be worn by all staff and servers or other approved PPE in accordance with the CDC and WV state guidelines at all times.

17. No live entertainment is permitted.

18. A modified ordinance (easily read by employees and customers) shall be posted at all entry points to the Food Service Establishments and this ordinance shall also be visibly posted at all POS order entry areas and food delivery windows and/or counters accessible to patrons.

This Ordinance #04-20 was adopted upon a unanimous affirmative vote of the Board of Directors of the Snowshoe Resort Community District on this the 28th day of December 2020. This Ordinance will expire 30 days from adoption.

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