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WEST HOLLYWOOD ISSUES VACCINATION MANDATE FOR CERTAIN INDOOR BUSINESSES EFFECTIVE OCTOBER 11TH
(COVID-19 Update)
On September 10, 2021, the city of West Hollywood issued a COVID-19 vaccination mandate applying to certain indoor businesses within city limits. Under the order, all adult patrons must show proof of full vaccination to enter indoor portions of covered businesses starting on October 11, 2021. Staff of covered businesses who work indoors will need to show proof of full vaccination status starting on November 1, 2021. The order is explained in detail below.

Covered Businesses. The following businesses are covered by the vaccination mandate:
  • Establishments where food or drink is served indoors, including, but not limited to: restaurants, bars, nightclubs, theaters, cannabis consumption lounges, and entertainment venues.
  • Health/fitness facilities, including, but not limited to: gyms, recreation facilities, yoga studios, dance studios, and other fitness establishments where patrons engage in cardiovascular, aerobic, strength training, or other exercise involved elevated breathing.
  • Personal care establishments such as: esthetician, skin care and cosmetology services, non-medical electrology, body art professional, tattoo parlors, microblading and permanent makeup, piercing shops, massage therapy (non-healthcare), tanning services, nail salons, hair salons, and barbershops.

Vaccination Requirements for Patrons. By October 11, 2021, all covered businesses must require all patrons age 18 and older to show proof that they are fully vaccinated (i.e., two weeks have passed since their final vaccination shot) before entering any indoor portion of the facility. Unvaccinated patrons can continue to use outdoor portions of the facilities.

The order contains the following exceptions:
  • Unvaccinated patrons wearing a face mask can use the restroom indoors.
  • Restaurants, bars, nightclubs, cannabis consumption lounges, and entertainment venues may require proof of vaccination to be shown at the time of patrons’ first in-person interaction with staff (e.g., at the time of ordering) rather than at the entrance to the indoor facility.
  • Restaurants, bars, nightclubs, cannabis consumption lounges, and entertainment venues that serve food & drinks may allow unvaccinated individuals wearing a face mask to enter the indoor portion of the facility to order, pick up, or pay for food or drinks to go.
  • Theaters where concessions are sold may require proof of vaccination to be shown at the time of patrons’ purchase of concessions, rather than at the entrance to the indoor facility.
  • Covered businesses that obtain proof of vaccination prior to patrons’ arrival at the facility must confirm identification at the time of entry.
  • Covered businesses must offer reasonable accommodations to customers who are unable to show proof of vaccination due to a disability or medical condition. The order gives the following examples as potential reasonable accommodations: allowing a customer to purchase food to go or to consume outdoors, virtual exercise classes, and house calls for a personal service.

Vaccination Requirements for Staff. By October 11, 2021 covered businesses must “use their best efforts” to ascertain the vaccination status of all staff who routinely work onsite and by November 1, 2021, must ensure that all staff 18 years and older who routinely work onsite provide proof of full vaccination before entering or working in any indoor portion of the facility.

The order contains the following exceptions:
  • Individuals who enter or work for a covered business on an intermittent or occasional basis or for short periods of time are not covered by the requirements of the order.
  • Covered businesses must offer reasonable accommodations to employees who cannot receive a vaccination due to a medical condition, disability, or sincerely held religious belief. The order gives the following examples as potential reasonable accommodations: only working in outdoor areas and/or working at a social distance from others, working a modified shift, getting frequent and periodic negative COVID-19 tests, telework, and reassignment.

Acceptable Forms of Proof of Vaccination. The order gives the following as acceptable forms of proof of vaccination:
  • A CDC vaccination card, which includes the name of the person vaccinated, type of vaccine provided, and date the last dose was administered, or similar documentation issued by another foreign governmental jurisdiction;
  • A photo or copy of a vaccination card as a separate document;
  • A photo of a vaccination card stored on a phone or electronic device;
  • Documentation of vaccination from a healthcare provider; or
  • A personal digital COVID-19 vaccine record issued by the State of California (i.e., www.myvaccinerecord.cdph.ca.gov) or similar documentation issued by another state, local, or foreign governmental jurisdiction, or by an approved private company.

Record Keeping Requirement. Covered businesses must maintain records of staff vaccination or exemption status and may be required to provide a self-certification to the City that it is complying with the order.

Required Signage. By October 11, 2021 all covered businesses must conspicuously post signage at the entrance to the facility informing individuals of the requirements under the order. Sample signage is available here.

By November 1, 2021 all covered businesses must post signs in employee break rooms or similar areas informing staff that they are required to provide proof of vaccination by November 1, 2021 and informing them how to obtain additional information about getting vaccination. Sample signage is available here.

City Facilities, Contractors, Employees, and Officials. The order contains separate requirements for City facilities, contractors, employees, and officials.

We will continue to monitor major COVID-19 related developments that impact the workplace. If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com.


Sincerely,
Richard S. Rosenberg
Katherine A. Hren
Charles H.W. Foster
Ballard Rosenberg Golper & Savitt, LLP 
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