Legal Actions, Mitigation Guidelines, Private Event Regulations
Friday, October 30, 2020
The Illinois Restaurant Association continues to engage with local, state, and federal officials to help our employers and employees address concerns about COVID-19. Please see the below resources and information for your business - updated as of 5:30 p.m. on Friday, October 30. *** IRA Continuing the Fight Against Restaurant Closures 
This morning, the IRA hosted a press conference with industry operators and workers to discuss the disastrous impact of Governor Pritzker’s mitigation plan. Speakers elaborated on the catastrophic effect of the Governor’s recent rollback on the state’s largest private sector employer and the livelihoods of thousands of workers, as well as the IRA’s legal steps in the fight to save Illinois’ restaurant industry. Click here to watch a recording of the event. Several lawsuits have already been filed by businesses statewide challenging the legality and unfairness of the state’s restrictions. Some have been pending for some time, with active filings in Kane County, Sangamon County, McHenry County and most recently, Cook County. One of those cases, the case pending in Kane County, has quickly progressed and the issues are currently before the Illinois Appellate Court. To ensure that the IRA’s interests are protected in those lawsuits, the IRA has announced that it is partnering with the Washington D.C.-based Restaurant Law Center to prepare an amicus brief to file in the pending lawsuits. This and future briefs will assert the industry’s position and protect its interests – making compelling arguments that challenge the executive orders, the mitigation restrictions imposed through those orders and the unfairness in which the restaurant industry has been targeted. By filing an amicus brief in the already filed lawsuits, the IRA is able to most efficiently support the industry through lawsuits that are already working their way through the court system. You can further bolster our ongoing efforts to protect restaurants by joining the 9,000+ people that are urging the state to change its mitigation plan to allow for continued indoor service at restaurants. Read the latest: Updated Chicago Restaurant Regulations: Indoor Private Events in Restaurants There has been a considerable amount of confusion over the subject of private events in restaurants in the city of Chicago. The Department of Business Affairs and Consumer Protection (BACP) has issued the following interpretation on the state's mitigation rules: A restaurant cannot host a private event unless there is a space that, during normal operations, would typically be designated as a private event space. If you have a space within your restaurant that is designed and designated as a private event space, then you can hold private events. A reminder that patrons must be seated while eating and drinking, there can be no more than six people per table (and 25 guests total) and face coverings must be worn at all times except when guests are seated and actively eating or drinking.
See below for information on the mitigation guidelines related to private events at restaurants outside of Chicago. We will share additional guidance as it becomes available. Click here to review the latest FAQ from BACP. Click here to read the full updated guidelines for the city of Chicago. State of Illinois Mitigation FAQ The Department of Commerce and Economic Opportunity (DCEO) has updated the Restore Illinois FAQ, including the section on mitigations. Please note the following related to private events: Can bars and restaurants in mitigation areas serve food and beverages indoors in conjunction with a meeting or special event? No. Bars and restaurants in mitigation areas are not permitted to have any indoor dining and service, and therefore may not host meetings, events or gatherings within their establishment. Outdoor meetings or special events that otherwise comply with the bar and restaurant guidance are permitted.
Please note the following related to the definition of outdoor dining or drinking area. For the purposes of these guidelines, a dining or drinking area is considered an outdoor dining or drinking area if the area meets any of the following criteria: Located on the rooftop of a building or within establishment with retractable roof (should remain open during hours of operation of outdoor dining and/or drinking); Outdoor space connected to or located on the site of a restaurant, grocery store, health or fitness center, hotel, golf club, or other social club with a food establishment license; Indoor space where 50% or more of a wall can be removed via the opening of windows, doors, or panels provided that dining tables are within 8-ft from such opening; Any other outdoor dining and drinking areas authorized by local governments provided that food and drinks are prepared by licensed food or liquor establishments and that proper social distancing of 6-ft between designated customer tables and/or other seating areas is observed and parties are of 6 persons or fewer.
Click here to read the updated FAQ. East-Central Moves into Mitigation - 10 of 11 Counties Closed for Indoor Service at Restaurants Earlier today, Governor Pritzker and the Illinois Department of Public Health (IDPH) announced COVID-19 resurgence mitigations will be implemented in Region 6 - East-Central Illinois - beginning at 12:01 a.m. on Monday, November 2. Every region is being closely monitored since as of today, including Region 6, a total of ten of the state's 11 regions have triggered one of the state's metrics for mitigation. Regions 3, 4, 5, 7, 8, and 9 will all operate under Tier 1 mitigation measures by the end of this weekend, given that these regions continue to report a 7-day rolling positivity rate above 8%. Regions 10 and 11 are now operating under Tier 1 mitigations after triggering additional mitigations based on sustained increases in both positivity and hospitalization rates. Region 1 is currently operating under Tier 2 mitigation measures after continuing to see a rise in positivity even under the Tier 1 mitigation framework, with the highest rolling positivity average in the state. Click here to read the full announcement. City of Chicago Announces Preparedness and Safety Plans Ahead of Election Day Today, Mayor Lightfoot joined the Office of Emergency Management and Communications (OEMC), Chicago Police Department (CPD), Chicago Department of Public Health (CDPH) and the Department of Business Affairs and Consumer Protection (BACP) to announce the City of Chicago’s 10-day preparedness and safety plan for the upcoming Election Day on Tuesday, Nov. 3, and for all of next week. To supplement on-the-ground public safety resources, CPD will increase its patrol beyond its regular deployments starting today. As part of this effort to further ensure the City can rapidly respond to all situations, CPD has cancelled days off Department-wide for Halloween and Election Day, and for select citywide teams during the week of the election. Additionally, the City will deploy more than 60 infrastructure assets that will be strategically positioned by OEMC to support and protect neighborhood commercial corridors and critical businesses in the event of potential public safety incidents. Starting next week, OEMC is also launching a Business Operation Center (BOC), a physical facility created for the private sector partners to exchange real-time information and provide situational awareness during public safety or public health issues. A first-of-its-kind effort, the BOC is designed to expand the communication and operational components by utilizing businesses and key subject-matter experts with the ability to contact security onsite and distribute accurate information. OEMC is also reminding residents that they can also receive emergency alerts for updates on street closures and public transportation by subscribing to Chicago’s text or email alert system at NotifyChicago.org or follow the Office of Emergency Management and Communications (OEMC) on Facebook and Twitter @ChicagoOEMC. Click here to read more.
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