Kennesaw issues new executive order defining essential businesses

Kennesaw City HallKennesaw government complex (photo by Larry Felton Johnson)

The City of Kennesaw released a fourth executive order that clarifies the meaning of in-person contact and defines essential businesses.

Here is the text of the press release explaining the new executive order:

Kennesaw, GA (April 2, 2020) — Pursuant to the City of Kennesaw’s Declaration of Emergency adopted on March 20, 2020, the City of Kennesaw adds an extension to Executive Order-01 effective today, April 2, 2020. This extension further clarifies in-person contact and defines essential businesses.

It is hereby ordered:

  1. All individuals in public places must maintain and restrict in-person contact as much as possible and maintain a distance of six (6) feet between individuals, or in accordance with CDC guidelines.
  2. All individuals and families are required to shelter in place consistent with this Order and in accordance with CDC guidelines.
  3. Any person showing symptoms recognized by the CDC as indicators of COVID-19 shall refrain from entering public buildings, restaurants, shops, public transportation facilities, and all other areas where the public ingresses and egresses. Such persons should seek medical attention and follow the directions of their Primary Care Physician until given the clearance to return to public interaction.
  4. All businesses and employers are encouraged to take the necessary steps to ensure that no personnel are showing symptoms of COVID-19 as identified by the CDC, and to send personnel home immediately if any such symptoms are indicated.
  5. All restaurants, coffee shops, and other places where food is offered to the public shall be limited to take-out, drive-through, or delivery. All on-premises dining is prohibited. Restaurants with a license to sell alcoholic beverages may sell such beverages with take­out orders only (no consumption of alcoholic beverages on premises).
  6. The following shall apply to alcohol sales with carryout food order
  1. All restaurants that have a license to sell alcoholic beverages may sell beer, wine, and cider in unopened containers with in-person take-out orders only. Alcohol shall not be served with delivery orders.
  2. Restaurants that have a license to sell alcoholic beverages and are located within a designated entertainment district where open containers are allowed may sell such licensed beverages with in-person take-out orders. Alcoholic beverages must be consumed outside of the restaurant and within the area of the connected entertainment district with their take-out order.
  3. Manufacturers of distilled spirits and malt beverages with a license to sell such beverages may continue to sell their products through take-out only.
  4. This directive is intended to suspend city enforcement of city ordinances prohibiting certain alcoholic beverages being sold with carry out food purchases.
  5. Any city ordinance in conflict with this Executive Order is temporarily suspended during the Declaration of Emergency period, unless otherwise amended in writing.
  1. All public assemblages, events, and gatherings of 10 people or more are prohibited within the city limits.
  2. All bars, pubs, night clubs, skating rinks, gyms, trampoline parks, and amusement arcades are closed.
  3. All City of Kennesaw public and neighborhood parks, including associated facilities, fitness or play equipment, and trails or paths are closed.
  4. All Homeowner Association (HOA) community pools located within city limits are to remain closed.
  5. All persons shall shelter in place consistent with this Order and there shall be a voluntary curfew from 9:00 p.m. to 6:00 a.m. Exceptions to the curfew include travel to/from work, for food, medical treatment, medication, or emergency.
  6. All businesses except “Essential Businesses,” as defined below, shall have hours of operation beginning no earlier than 6:00 a.m. and ending no later than 9:00 p.m., except to allow for restocking, cleaning, and preparation of the next day’s business. All retail establishments shall limit the number of customers on premises at any one time to meet social distancing requirements, maintaining a minimum of six ( 6) feet between individuals, or as recommended by the CDC.

“Essential Businesses” are defined as the following:

  1. Healthcare operations, including research and laboratory operations, and holistic and alternative healthcare practitioners
  2. Federal, State, County, and Municipal governments and educational institution services
  3. Utilities (gas, electricity, phone, cable)
  4. Essential Infrastructure – telecommunications, telecommunication service providers, airports, airlines, transportation (buses, MARTA, Lyft, Uber, taxis)
  5. Road construction and related engineering and surveying services
  6. Defense Industrial Base or Critical Infrastructure Workforce
  7. Financial Services Sector Essential Critical Infrastructure Workers, including banks and credit unions
  8. Delivery services (businesses that deliver or ship foods or goods to homes or businesses)
  9. Manufacturing, construction, providers of uniforms and supplies to maintain public health, safety and welfare
  10. Businesses that produce, sell or deliver food and household essentials
  11. Pharmacies
  12. Lodging Businesses (hotels, motels, extended stay and commercial lodging)
  13. Businesses that sell, manufacture, supply products or provided services to support persons working from home, including but not limited to computers, audio, electronics, IT, and telecommunications equipment.
  14. Businesses that support and/or perform repair or construction work for businesses and homes
  15. Trash and recycling collection, processing, and disposal
  16. Bonding companies
  17. Legal services
  18. Mail and shipping services
  19. Laundromats/dry cleaning
  20. Janitorial services (Building/Residential cleaning and maintenance)
  21. Auto repair, wrecker services, and gas stations
  22. Warehouse/distribution and fulfillment
  23. Funeral homes, crematories, and cemeteries
  24. Storage for essential businesses
  25. Animal shelters/rescues or animal care or management and crematories
  26. News Media
  27. Logistical and Tech Support
  28. Service Providers that maintain or ameliorate the exterior of facilities or grounds where there is social distancing and a limit of no more than five employees. Examples: grass cutting, gutter cleaning, painting, pressure washing, window cleaning, tree cutting and pruning, landscaping, etcetera.
  29. Cafeterias located within medical, industrial, government or other such production facilities that are performing essential functions that are necessary to promote health, welfare and vital resources in Cobb County. These facilities are strongly encouraged to stagger meal times, limit use as much as feasible to achieve physical distancing, and to thoroughly follow CDC protocols of cleaning.
  30. Childcare or elderly care facilities located within medical, industrial, government or other such production facilities that are performing essential functions that are necessary to promote health, welfare, and essential businesses in the City of Kennesaw.
  31. Independently owned and operated Daycares or Child Development Centers where the primary purpose of the business is child care to support essential workers.
  32. Any service that is deemed by the Mayor to be essential for the protection of public health, safety, and welfare.

For updates from the City of Kennesaw, please visit www.kennesaw-ga.gov/covid-19.

Background

Kennesaw issued its State of Emergency declaration on March 20, followed by their first executive order, closing bars and imposing other restrictions.

They also announced a plan to alternate shifts of employees to decrease social distance, and the city closed Smith-Cantrell Park.

They then issued an executive order suspending all public hearings requiring community access, including zoning hearings.

Earlier today, Kennesaw temporarily suspended the business licenses of businesses that require personal physical contact with customer, due to the COVID-19 pandemic.