Verbatim Statement: Now is not the time to let our guard down. Healthcare experts continue to advise that we are not yet at a place to remove masks. The continued evidence of COVID-19 variants supports this recommendation. The mask mandate in the City of Jackson and the Sixth Amended Stay Safe Jackson Executive Order remain in full force and effect." - City of Jackson Mayor Chokwe Antar Lumumba
WHEREAS, on June 3, 2020, I Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi, pursuant to Section 45-17-3 of the Mississippi Code of 1972, as amended, declared and issued an Executive Order Continuing the Civil Emergency that was initially issued on March 16, 2020 in the wake of the Coronavirus pandemic, and continued on March 31st, April 16th, April 30th, and May 16th; and
WHEREAS, I, Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi, pursuant to Section 45-17-7(e) of the Mississippi Code of 1972, as amended, have the authority to issue such other orders as are necessary for the protection of life and property and in the interest of public safety and welfare, after proclamation of a civil emergency; and
WHEREAS, I, Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi recognize the emergency declarations of the President of the United States and the Governor of the State of Mississippi related to the spread of COVID-19 disease in our community; and
WHEREAS, COVID-19 is a disease caused by a novel coronavirus, previously unknown in humans, and causes upper-respiratory tract illness that can range from mild to severe, spread quickly, and may cause death, particularly in older adults and persons with certain chronic medical conditions; and
WHEREAS, the World Health Organization declared COVID-19 to be a global pandemic as of March 15, 2020; and
WHEREAS, I Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi find that an emergency of an unprecedented health threat resulting from the natural cause of community spread of a novel human coronavirus disease, COVID-19, has occurred in the City of Jackson; and
WHEREAS, the State's reopening of the economy effectively required the City of Jackson to lift the Stay-at-Home Order and begin the precarious process of reopening the City; and
WHEREAS, the latest statistics clearly demonstrate that success at controlling the spread of the virus depends upon business and resident compliance with reopening guidelines and restrictions -- especially socially distance requirements and business capacity limitations; and
WHEREAS, continued extraordinary measures related to preventing the spread of the virus are necessary and expedient for the health, safety, welfare and good order to protect the public peace and preserve lives; and
WHEREAS, the Lumumba Administration has consistently been concerned with assisting businesses to recover lost revenue due to the Coronavirus pandemic and ensuing restrictions and limitations on businesses; and
WHEREAS, restaurants are low margin businesses, even when dining rooms can be filled to maximum occupancy; and
WHEREAS, the Lumumba Administration understands that if restaurants and bars in the City of Jackson are going to continue to prosper through this pandemic and restrictions, we are going to have to open up more public spaces for such business entities; and
WHEREAS, I, Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi have imposed restrictions and limitations on restaurants and bars with public health in mind, and also understand that such restrictions and limitations complicate the economic picture for many business owners; and
WHEREAS, this Executive Order seeks to provide an economic lifeline to business by allowing the temporary safe expansion of business services.
NOW, THEREFORE, I, Chokwe Antar Lumumba, Mayor of the City of Jackson, Mississippi, pursuant to the authority vested in me by Section 45-17-7(e) of the Mississippi Code of 1972, as amended, and in the public interest and for the general welfare of the City of Jackson, do hereby issue this Sixth Amended Stay Safe Jackson Executive Order.
- Incorporation and Adoption. This Sixth Amended Stay Safe Jackson Executive Order incorporates and adopts the Second Amended Stay Safe Jackson Executive Order, effectuated on July 2, 2020 and attached hereto, except only to the extent that the latter is superseded by contrary provisions stated herein.
- Bar Tops. The provisions closing bars in previous Executive Orders are terminated. Bar tops of any establishment shall be closed, but bar beverages may be served at tables. In such event, customers must only be served via table services and may not order from bar top areas. Nothing in this Section shall be interpreted to prohibit employees from making drinks behind the bar top or to prohibit employees from collecting and distributing such drinks to patrons seated at tables or to prohibit employees from making lawful sale of alcoholic beverages in connection with a lawful drive-through or curb side pick-up transaction.
- Temporary Citywide Leisure and Recreation District. Business entities within the City of Jackson that hold on premises retail alcoholic beverage permits issued by the Department of Revenue may take advantage of the ordinance establishing a temporary citywide leisure and recreation district within the corporate boundaries of the City of Jackson for the carry out/drive-through/curbside pick-up of alcoholic beverages. Said ordinance is attached hereto.
- Expanded Business Services. Restaurants, bars, and retail establishments affected by government-imposed and Coronavirus-related capacity limitations may contact the City's Constituent Services Office at 601-960-1084 to request a temporary permit to create or expand an outdoor area for customers to consume food and alcohol and to expand business operations to public parking lots, sidewalks, and streets closed to the public access, and other areas within the proximity of the business.
Business owners must submit to the City, among other documents and information, a safety plan; sanitation plan; operations plan; and diagram of the proposed temporary area.
To avoid large congregations of people standing in close proximity outdoors, restaurants and bars must serve customers by reservation only for the chairs, tables, and tents set up outdoors through the temporary permit allowed by this Executive Order.
Use of sidewalk and streets must still meet all American with Disabilities Act and Fire Marshal requirements.
There shall be no fee imposed for the temporary permit. Outdoor services for restaurants and bars shall continue to be subject to the additional limitations found in paragraph 9 of the Stay Safe Jackson Executive Order, effectuated on May 16, 2020 and paragraph 10 of the Amended Stay Safe Jackson Executive Order, effectuated on June 4, 2020.
- Effective Date; Duration. This Order shall be effective as of Thursday, August 27, 2020 and remain in full force and effect until modified, amended, rescinded, superseded, or terminated due to the expiration or termination of the existing civil emergency.
- Enforceability and Prosecution. Violations of this Executive Order may be subject to misdemeanor prosecution pursuant to Section 45-17-9 of the Mississippi Code of 1972, as amended, and Section 86-1 of the Jackson Code of Ordinances, as well as Section 10 of the Second Amended Stay Safe Jackson Executive Order, effectuated on Thursday, July 2, 2020.
- Applicability; Severability. This Order supersedes and replaces any contrary provision in any prior Mayoral Executive Order. Except as superseded, amended, or rescinded, all provisions within COVID-19 Mayoral Executive Orders remain in full force and effect.
Any provisions within this Order that (i) conflict(s) with any state or federal law or constitutional provision, or (ii) conflict(s) with or are superseded by a current or subsequently-issued Executive Order of the Governor or the President of the United States solely to the extent such Executive Order (a) expressly preempts the substance of this Order or (b) imposes stricter guidelines and closures than set forth herein, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of this Order remaining intact and in full force and effect.
- Publication. This Executive Order shall be: (1) promptly filed with the City Clerk; (2) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; and (3) distributed to others as necessary to ensure proper implementation of this Order.