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MEMPHIS, Tenn. — Restaurant workers joined county commissioners Monday to protest a proposed health directive that would have shut them down for two weeks.

When the health department released the order later in the afternoon, restaurants were still allowed to stay open, but only at 25% capacity. The order went on to say that “on-site dining services are strongly discouraged,” while sheltering in place is strongly encouraged but not mandated.

The order goes into effect Dec. 26 through Jan. 22. See details below.

Hundreds of restaurant owners and workers claimed Monday that a “take out only” mandate would cost them 20 to 36 percent of their businesses, and that could shut a lot of businesses down for good.

They were concerned after a leaked early draft of the latest Shelby County health directive would have closed all non-essential businesses, restricting restaurants to take out only, an idea that terrifies owners and servers alike.

“We are just pleading, please allow us to keep our doors open. We are doing the right thing,” said Traci Pangonas-Sanchez, the General Manager of Andy B’s Bartlett.

Many restaurant owners claim the first COVID stay-at-home order crippled savings accounts. And they say coming back from a second shutdown would be impossible. They say the trickle-down effect from so many closures would be devastating.

County Commissioners Mick Wright and Amber Mills also spoke in support of local business owners.

“The belief that because someone has COVID, a business following the guidelines is not justification in my opinion,” Mills said.

While the health department will make a final decision, the elected officials are hoping for a compromise.

“We are pleading for the health department to listen and treat us fairly and treat us with transparency and communication,” Wright said.

Some local businesses have declared their intent to sue Shelby County if another shutdown occurs.


Rules for indoor dining (updated Monday)

• On-site dining services are strongly discouraged, but if customers engage in on-site dining, the business must do the following:

o Require their customers to be seated while eating or drinking and require them to wear a mask at all times except for when the customer is actually seated and dining.

o Indoor seating must not exceed 25% capacity of the establishment.

o No more than 6 guests may be seated at the same table, and they must be of the same household.

o Any person at one table cannot be within 6 feet distance from any person at another table.

o Food service shall not exceed 90 minutes.

o All bar counters must be closed for seating.

o Standing, gathering, or ordering at a bar is not allowed.

o Dancing is not permitted.

o All food and beverage service shall close at 10 pm. This means that any guests who are already receiving service at 10 pm may remain there until 10:30 pm to complete payment arrangements but may not be served food or beverages after 10 pm.

o If properly permitted by local and state law, any curb-side, drive-thru, or delivery services may continue, but any such sales of alcoholic beverages must end at 10 pm.

o Only staff needed to close, open, clean, or operate curb-side/delivery services shall be in any establishment between the hours of 10:30 pm and 5:00 am. Legally permitted curbside, drive-thru, and delivery service may continue (except for the sale of alcoholic beverages as provided above) without the restriction of closing at 10 pm as long as such services also comply with state law.

For any business providing such services that require close contact, patrons must not have a fever or any other symptoms of COVID-19 or have been in close contact with a COVID-19 positive case, and these establishments must ensure additional steps are taken to enhance personal hygiene of employees and to provide extraordinary sanitization efforts within the facilities themselves.

Complete Shelby County Health Department rules here