BEADLE COUNTY ORDINANCE NO. _________________
AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING
CERTAIN MEASURES WHICH HAVE BEEN DEEMD NECESSARY TO SLOW THE COMMUNITY
SPREAD OF CORONAVIRUS (COVID-19).
WHEREAS, the Beadle County Commission has the authority to pass ordinances for the
purpose of promoting the health, safety, morals and general welfare, of the community and
the promotion of health and the suppression of disease; and
WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel
coronavirus, has been confirmed in more than 100 countries, including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease transmitted by person-to-person
contact, or by contact with surfaces contaminated by the virus. In some cases, especially
among older adults and persons with serious underlying health conditions, COVID-19 can result
in serious illness requiring hospitalization, admission to an intensive care unit, and death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have
declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency in response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04
which declared a state of emergency to exist in the State of South Dakota in response to the
spread of COVID-19; and
WHEREAS, cases of COVID-19 have been confirmed in Beadle County, South Dakota; and
WHEREAS, the CDC and health experts have recommended social distancing to slow the
spread of COVID-19; and
WHEREAS, social distancing is a method of slowing down or stopping the spread of a
contagious disease by reducing the probability of contact between infected persons and those
not infected in order to minimize disease transmission; and
WHEREAS, in response to the need to implement social distancing all schools in the
state have been closed for at least two weeks; and
WHEREAS, on March 16th, the White House issued guidance recommending that social
gatherings of more than ten people be avoided and that people avoid eating or drinking at bars,
restaurants, and food courts; and

 WHEREAS, the guidance issued by the White House further recommended that in
states with evidence of community transmission, bars, restaurants, food courts, gyms, and
other indoor and outdoor venues where people congregate should be closed; and
WHEREAS, many states and communities across the country have already
implemented the White House recommendations by ordering all bars, restaurants, food
courts, gyms, and other indoor and outdoor venues where people congregate be closed
until the public health emergency is over; and
WHEREAS, the failure to successfully implement social distancing will likely result in
higher numbers of infected individuals and has the potential to overwhelm the capacity of
the City’s health care providers; and
WHEREAS, it is important that control measures be taken to reduce or slow down
the spread of COVID-19 in order to protect the health and safety of the City’s residents,
especially for seniors and those with underlying health conditions that make them
particularly vulnerable to COVID-19.
NOW THEREFORE, BE IT ORDAINED, by the Beadle County Commission that:
1. Effective at 12:00 a.m. on March 23, 2020, all restaurants, food courts, coffee
houses, bars, breweries, distilleries, wineries, clubs, cafes and other similar places
of public accommodation offering food and beverages for on-site consumption,
including any alcohol licensees with on-sale privileges, are closed to on-site/onsale patrons. These businesses may continue to operate in order to provide takeout, delivery, curbside service, drive-thru service. Any business continuing to
operate in order to provide off- site service should implement procedures to
ensure social distancing and operate in compliance with federal and state health
guidance in order to prevent the spread of COVID-19.
2. Effective at 12:00 a.m. on March 23, 2020, all recreational facilities, public pools,
health clubs, athletic facilities and theaters, including movie theaters and music or
entertainment venues are directed to close and cease operations.
3. Effective at 12:00 a.m. on March 23, 2020, all hookah lounges, cigar bars, vaping
lounges or other similar business which allow for on-site consumption are directed
to cease allowing on-site consumption, but may continue to offer products for sale
to consume off-site under the same conditions as bars and restaurants outlined in
paragraph #1.
4. Effective at 12:00 a.m. on March 23, 2020, all arcades, bingo halls, bowling alleys.
Indoor climbing facilities, skating rinks, trampoline parks, and other similar
recreational or entertainment facilities are directed to close and cease operations.

 5. The prohibitions and closures in this order do not apply to the following businesses:
a. Places of public accommodation that offer food and beverages for off-site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which would be subject to the requirements of
paragraph #1.
b. Room service in hotels.
c. Health care facilities, residential care facilities, congregate care facilities,
and correctional facilities.
d. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
e. Airport concessionaires.
f. Any emergency facilities necessary for the response to the current public
health emergency or any other community emergency or disaster.
6. This ordinance shall remain in effect until such time as it is amended or repealed.
7. Any violation of this ordinance is subject to the general penalty provision in
SDCL 7-18A-32. Each day a violation of this ordinance is allowed to occur is
considered a separate offense.
BE IT FURTHER ORDAINED, that this ordinance is necessary for the immediate
preservation of the public peace, health, safety, and welfare of Beadle County and shall
become effective immediately upon passage.

Dated this

day of March, 2020.
BEADLE COUNTY:
Denis Drake, Chairman

ATTEST:

Jill Hanson, Auditor
(SEAL)