Dear WH&LA Lodging Member:
Less than an hour ago Governor Tony Evers released his newest
Emergency Order #12
entitled “Safer At home” which is also the most extensive yet. The following are some key points for our industry.
This order goes into effect tomorrow (Wednesday, March 25) starting at 8:00 am and stays in effect until Friday, April 24 unless a superseding order is issued by the Governor.
While this orders all individuals to stay at home or their place of residence, and for non-essential businesses and operations to cease activities at their facilities, there are the following general exceptions, which are closely defined later;
- “Essential Activities”
- “Essential Government Functions”
- Operating "Essential Businesses and Operations”
- Performing “Minimum Basic Operations”
- “Essential Travel”
- “Special Situations”
Specifically Prohibited Activities:
- All public and private gatherings of any number of people that are not part of a single household
- Indoor or outdoor places of public amusement and activity. This includes waterparks, licensed public or private swimming pools, hot tubs, splash pads, playgrounds, bowling alleys, theaters, gyms, fitness centers, exercise facilities, the playing of any contact sports (and other activities listed that are rarely affiliated with lodging)
- Congregating in lobbies or other common areas of lodging properties
“Essential Businesses and Operations”
All essential Businesses and Operations are encouraged to remain open, with Social Distancing practiced everywhere possible or required in the Order. For purposes of this overview, the following only lists those with components impacting lodging :
1.
"Hotels and Motels”
continue to be considered under this category, meaning they are allowed to be open and operate, with certain stipulations noted. Please note “Hotels and Motels” are a state license term, so if your property is licensed as such, it is included. These properties must close swimming pools, hot tubs and exercise facilities AND they must prohibit their guests from congregating in lobbies & other common areas. They also must provide adequate space for “social distancing requirements” (keeping at least 6 feet apart and avoiding direct physical contact) while in line for front desk services.
2.
Restaurants
also continue to be considered under this category. Their following requirements are mostly the same as for the last Order, but they are not combined with Bars this time, and there are a few updates:
- Only food take-out or delivery
- Alcohol sales must comply with what is stated under “Bars” below
- Customers may only enter to order, pick-up, and pay
- No seating can be provided
- No consumption of food and beverage is allowed on site, indoors or outdoors
- Social Distancing must be adhered to
- All self-service for salad bars, beverage stations, and buffets are prohibited
- Customers are prohibited from self-dispensing any unpackaged food or beverage
3.
Bars (alcohol beverage retailers, breweries, brewpubs, wineries, and distilleries)
will also continue to be considered under this category with the following separate requirements now:
- Carry-out sales of alcohol beverages and carry-out food are allowed if permitted by state laws & municipal ordinance
- Delivery of alcohol beverages to retail customers is prohibited
- Customers can only enter to order, pick up and pay
- No seating can be provided
- No consumption of food or beverage is allowed on site, indoors or outdoors
- Social Distancing must be adhered to
- All self-service for salad bars, beverage stations, and buffets are prohibited
- Customers are prohibited from self-dispensing any unpackaged food or beverage
4.
Establishments engaged in the retail sale of groceries, beverages, personal care products, etc.
For “Hotels and Motels" offering convenience items for retail sale by your front desk, this will fit under the Essential Business Operations, with the following requirements:
- No seating is allowed for consuming food items
- No self-service operations are allowed for salad bars, beverage stations, or buffets
- Must prohibit customers from self-dispensing all unpackaged food.
5.
Transportation.
This designation allows for the continuation of airlines, taxis, transportation network providers (i.e. Uber, Lyft), car rentals, paratransit, and other private, public, and commercial transportation, but only what is necessary for what is designated as “Essential Activities”.
“Essential Activities” includes activities for “Health & Safety”, "Necessary supplies and services”, Outdoor activity (not playgrounds or contact sports), Needs for working at Essential Businesses or Operations in this order, or “Taking care of others” See pages 7-8 for more detail on these categories.
Other Helpful Information
- “Essential Infrastructure” is included as an exception under “Special Situations” in this order. This allows for individuals to provide any services or perform any work necessary to offer, provide, operate, maintain, and repair Essential Infrastructure, which among other things includes “Essential Business and Operations construction” (which covers hotels and motels), building management and maintenance, customer service centers, and internet, video, and telecommunications systems. This basically will enable your maintenance team to do what is necessary to maintain your property and enables any construction teams currently engaged in building a hotel or motel to keep working on it.
- “Essential Travel” is also included as an exception under this Order. This allows for travel for any necessary functions for the provision of Essential Activities, Special Situations, Essential Governmental Functions, Essential Businesses and Operations, or Minimum Basic Operations. In addition travel is allowed for caring for specified vulnerable persons, returning to a place of residence outside the area, that required for law enforcement or court orders, to or from educational Institutions for specified purposes, and for non-residents of Wisconsin to return to their out of state residences. See page 15 for more details on allowed travel.
- While at this stage it may not be needed, WH&LA was provided with a Travel Letter form from attorneys from a national Brand that you can adapt and utilize at your property for your employees to have handy should law enforcement be seeking some form of documentation that their travel to and from work is covered under federal law. While this focuses federal law, this should be helpful for now, while WH&LA checks with our legal counsel to see if any updates for our state should be added, now that we know what the Governor’s Order contains. Should changes be needed, we will send them to you.
We hope that the overview of the new Emergency Order is helpful.
Best,
Trisha
