Public Hearing Notice: COVID-19 Local Order

For Immediate Release: Friday, November 6, 2020

ROCKVILLE, Md., Nov. 6, 2020—The Montgomery County Council will introduce, hold a public hearing and vote on Executive Order 122-20 AM beginning at 11:30 a.m. on Tuesday, Nov. 10. The deadline to sign up to testify is Monday, Nov. 9 at 4 p.m. The Council did not vote on Executive Order No. 122-20, COVID-19 Local Health Order on Nov. 5. Executive Order No. 122-20 AM clarifies that proposal.

The Council is scheduled to act on a Resolution approving Executive Order No. 122-20 AM, COVID-19 Local Order – Amending and Restating Order dated Sept. 29, 2020 sitting as the County Council. If the Council approves the Executive Order, the Council, sitting as the Board of Health, is scheduled to introduce, hold a public hearing, and act on a Board of Health regulation adopting Executive Order No. 122-20 AM, COVID-19 Local Order - Amending and Restating Order dated Sept. 29, 2020 as a Board of Health Regulation. If adopted, Executive Order No. 122-20 AM, COVID-19 Local Order- Amending and Restating Order dated Sept. 29, 2020 would make the following clarifications or changes to the prior orders with a proposed effective date of Nov. 10, 2020 at 5 p.m.:

Child care 

Must continue to follow the phase two child care capacity limits that are currently in effect for all child care providers in Montgomery County as stated in the Maryland Department of Education’s June 10, 2020 Child Care Operating Procedures. All applicable Code of Maryland Regulations regarding staff-child ratios must be followed. 

Escape rooms

• Permitted to open with only six people per room or game.

Food service establishments

• Clarifies that, absent a Late Night Alcohol Sales Permit, food service establishments may not sell or provide alcohol to anyone after 10 p.m., and that all alcohol must be collected from patrons by 10 p.m.
• Clarifies that the suspension of the sale of alcohol at 10 p.m. does not apply to the sale for off-site consumption. 
• Late Night Alcohol Sales Program
  
  • Opens the program to establishments who have not been cited or closed within the last 60 days to apply.
    
  • Clarifies automatic suspension language.
    
  • Amends the number of average days that trigger the suspension of the program from three days to seven days.
• Clarifies that food sales, including drive through or carry out, can continue after 10 p.m.
• Adds that contact tracing information must be collected from one person in every dine-in party to assist with contact tracing.
  

General housekeeping

• Updates State Executive Order numbers, County Executive Order numbers, dates, and references to other paragraphs in the Order.

Letter of approval section

• Provides deadlines by which to submit a request for a Letter of Approval and penalties for holding an event without a Letter of Approval.
  

Gatherings

• Prohibits gatherings of more than 25 people at all locations and venues.
• Social, community, recreational, and leisure gatherings may resume provided the following physical precautions are met and followed:
  
  • limited to one person or household per 200 sq. ft. or a maximum of 25 people, whichever number is lower; and
    
  • the size of the location and venue must accommodate applicable social distancing for the number of attendees.
    

Businesses, organizations, establishments and facilities that may be open at 25 percent occupancy

• Bowling alleys 
  
• Fitness centers
  
• Indoor food service establishments
  
• Museums and art galleries
  
• Personal services
  
• Retail establishments
  
• Religious facilities
  

Playgrounds

• Excludes playgrounds from the cleaning requirements, as stated in the general operating requirements section.
  

Sports

• Removes flag football as a high-risk sport.
  
• Adds that a gathering size can exceed 25 people solely to accommodate the presence of one parent or guardian per child participant.
  
• Clarifies that for outdoor sports only parents, guardians and immediate family are permitted to spectate.
  
• Adds that outdoor ice rinks would be permitted to open with size restrictions and after submitting a request for a Letter of Approval before reopening.

Effective date

The proposed effective date is Nov. 10, 2020 at 5 p.m.

Documents and information will be available at www.montgomerycountymd.gov/council.

NOTE: During the Covid-19 state of emergency, the public is not able to be physically present in the Council Hearing Room. Residents who would like to call in to testify at a Council public hearing need to preregister on the Council's web page at https://www.montgomerycountymd.gov/council/calendar.html . Once the public hearing sign up request form is submitted and the public hearing list is created, individuals will receive separate confirmation notifications that include the appropriate phone number to call for the public hearing.

Community members also have the option to provide audio, video and written testimony to the Council using a recently developed online testimony form on the Council's web page which can be found at https://www.montgomerycountymd.gov/COUNCIL/PHSignUp.html . The testimony provided with the online option carries the same weight as testimony given at a public hearing. Councilmembers consider all comments as part of their deliberations.

Comments and suggestions are welcome online at http://tinyurl.com/zrbwh5v; via email at county.council@montgomerycountymd.gov; by sending regular mail to County Council, 100 Maryland Ave., Rockville, MD 20850. For information or to express an opinion call 240-777-7900.

The meeting will be televised live by County Cable Montgomery (CCM) on Xfinity channels 6 and 996, RCN channels 6 and 1056; and FiOS channel 30. Also available live via streaming through the Council website at http://tinyurl.com/z9982v8, Facebook Live (@MontgomeryCountyMdCouncil or @ConcejodelCondadodeMontgomery), or YouTube (@MoCoCouncilMD).

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Release ID: 20-442
Media Contact: Sonya Healy 240-777-7926