Hesperia Municipal Code Ch. 5.03 Vaccination Autonomy

The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. "City" means the City of Hesperia.

B. "Indoor Business" means any of the following locations in the city:

1. Establishments where food or beverages are served, including, but not limited to, restaurants, bars, fast food restaurants, coffee shops, tasting rooms, food courts, breweries, wineries, and banquet halls

2. Gyms and fitness venues, including, but not limited to: gyms, recreation facilities, fitness centers, yoga, pilates, cycling, barre, and dance studios, hotel gyms, boxing and kickboxing gyms, fitness boot camps, and other facilities used for conducting indoor group fitness classes;

3. Entertainment and recreation venues, including, but not limited to, movie theaters, music and concert venues, live performance venues, adult entertainment venues, commercial event and party venues, sports arenas, convention centers, exhibition halls, museums, malls, shopping centers, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, play areas, pool and billiard halls, and other recreational game centers;

4. Personal care establishments, including spas, nail salons, hair salons, barbershops, tanning salons, estheticians, skin care and cosmetology services, body art professionals, piercing shops, massage therapy, and waxing centers except as medically required.

C. "COVID-19" means coronavirus disease 2019, the infectious disease caused by the SARS-CoV-2 virus that resulted in a global pandemic, including variants thereof.

D. "COVID-19 Vaccine" means a vaccine authorized to prevent COVID-19 by the United States Food and Drug Administration (FDA), including byway of an emergency use authorization, or by the World Health Organization (WHO).

E. "Vaccinated" means fourteen (14) or more days after completing the entire recommended series of vaccination with a COVID-19 Vaccine. Currently, an individual is considered Fully Vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 Vaccine or two weeks after receiving the single dose of the Johnson & Johnson Janssen COVID-19 Vaccine.

F. "Proof of Vaccination" means one of the following:

1. A vaccination card issued by the United States Centers for Disease Control and Prevention (CDC) COVID-19 vaccination card, which includes the name of the person vaccinated, type of vaccine provided, and date last dose administered, or similar documentation issued by another foreign governmental agency;

2. A photo of a vaccination card (both sides) as a separate physical photograph or stored on a phone or electronic device;

3. Documentation of vaccination from a licensed healthcare provider;

4. A personal digital COVID-19 vaccine record issued by the State of California or similar documentation issued by another state, local, or foreign governmental jurisdiction, or by a private company.

G. "Mask" means a device worn over the nose and mouth to prevent inhalation or exposure of harmful substances

(Ord. No. 2022-04, § 2(Exh. A), 3-15-22)

Businesses are granted the choice in not requiring or requiring proof of vaccination and/or masks in their establishments.

(Ord. No. 2022-04, § 2(Exh. A), 3-15-22)

A. An Indoor Business is not required to have patrons provide proof of vaccination upon entrance into their establishment. However, a business may require patrons provide proof of vaccination upon entrance into its establishment if it so chooses.

B. An Indoor Business is not required to have vaccinated patrons wear a mask upon entrance into their establishment. However, a business may require vaccinated patrons to wear a mask upon entrance into its establishment if it so chooses."

(Ord. No. 2022-04, § 2(Exh. A), 3-15-22)

Title 5 Chapter 5.03 is not applicable to healthcare facilities or outdoor businesses, which do not have a vaccination or mask mandate.

(Ord. No. 2022-04, § 2(Exh. A), 3-15-22)