Oakland Municipal Code Ch. 8.68 Requirement of Proof of a Covid-19 Vaccination for Patrons at Certain…

This Chapter shall be known as the "Requirement of Proof of a COVID-19 Vaccination for Patrons at Certain Indoor Public Locations and at Large Indoor Events Ordinance."

(Ord. No. 13669, § 3, 12-21-2021)

A. "City" means the City of Oakland

B. "Citation" means either a civil penalty or an administrative citation issued pursuant to Chapters 1.08 and 1.12 respectively, of the Oakland Municipal Code and does not include a criminal penalty.

C. "Covered Location" means any of the following public indoor locations in the City:

1. Senior Adult Care Facilities and City Senior Centers. A covered location does not include any location that does not have an indoor portion. A covered location does not include any location that is required by a Federal, State, Alameda County, or other local public agency requirement to check proof of COVID-19 vaccination status prior to providing indoor service.

Nothing in this Chapter shall be interpreted to preclude indoor locations in the City that are not included in the above list from issuing similar requirements or more stringent requirements than required by this Chapter.

D. "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.

E. "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).

F. "Face Mask" means a mask intended to trap respiratory droplets that are released when the wearer talks, coughs or sneezes and that acts as a barrier to protect the wearer from inhaling droplets released by others.

G. "Full Vaccination/Fully 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 (2) weeks after receiving a second dose of the Pfizer or Moderna COVID-19 vaccine or two (2) weeks after receiving the single dose of the Johnson & Johnson Janssen COVID-19 vaccine.

H. "Individual Eligible for a COVID-19 Vaccine" means a person for whom a COVID-19 vaccine is authorized for use by the FDA, including by way of an emergency use authorization or, in the case of a foreign visitor or traveler, a person for whom a COVID-19 vaccine is authorized by the WHO.

I. "Indoor Portion" means any part of a covered location with a roof or overhang that is enclosed by at least three (3) walls, except that the following will not be considered an indoor portion: (1) a structure on or adjacent to the sidewalk or roadway if it is entirely open on the side facing the sidewalk; and (2) an outdoor dining structure for individual parties, such as a plastic dome, if it has adequate ventilation (such as the equivalent of twenty-five percent (25%) or more of the sides of the structure are open) to allow for air circulation.

J. "Large Indoor Event" means an indoor event with two thousand five hundred (2,500) or more attendees. A large indoor event includes conventions, conferences, expos, concerts, shows, nightclubs, sporting events, live events and entertainment, fairs, festivals, and large private events or gatherings such as weddings. Large indoor events may have either assigned or unassigned seating, and may be either general admission or gated, ticketed, and permitted events. Large indoor events do not include government-sponsored public meetings.

K. "Patron" means an individual eligible to receive a COVID-19 vaccine who enters, attends an event, visits someone, or purchases good or services at a covered location, City Hall, or a large indoor event. A patron does not include a resident of a Senior Adult Care Facility.

L. "Photo Identification" means an original or copy of an identification card, including:

1. Driver's license;

2. Government issued identification card;

3. School or work identification card;

4. Passport.

M. "Proof of Recent Negative COVID-19 Test" means a printed document, email or text message displayed on a phone, from a test provider or laboratory that shows results of a polymerase chain reaction (PCR) or antigen COVID-19 test that either has Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration or is operating per the laboratory developed test requirements by the U.S. Centers for Medicare and Medicaid Services, that was conducted within seventy-two (72) hours before entry into a covered location, City Hall, or large indoor event. The printed document, email, or text message must include the person's name, type of test performed, date of the test, and negative test result.

N. "Proof of Vaccination" means one (1) of the following demonstrating proof of full vaccination that is cross-checked with a patron's photo identification:

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 a foreign governmental agency;

2. A photo of a vaccination card (both sides), compliant with Subsection 8.68.020 M.1., above, as a separate physical photograph or stored on a phone or electronic device;

3. Documentation of vaccination from a licensed healthcare provider; or

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. California residents can visit the State of California's Digital COVID-19 Vaccine Record website at myvaccinerecord.cdph.ca.gov and download a QR Code on a phone.

O. "Self-Attestation Document" means a letter signed by the patron, under penalty of perjury stating that the patron has a sincerely held religious belief that qualifies the patron for an exemption.

P. "Senior Adult Care Facility" means a housing arrangement for persons sixty (60) years of age and over, where twenty-four-hour non-medical care and supervision is provided, more commonly referred to as "assisted living facilities."

Q. "Verification of a Medical Exemption" means documentation signed by a licensed medical provider indicating the patron is excused from receiving any COVID-19 vaccine due to a medical condition or disability recognized by the Food and Drug Administration or Centers for Disease Control as a contra-indication to COVID-19 vaccination.

(Ord. No. 13691, § 2, 5-17-2022; Ord. No. 13669, § 3, 12-21-2021)

A. Beginning on January 15, 2022, a covered location shall display prominently in at least two (2) locations on its premises, visible to patrons prior to entrance, an advisory notice informing patrons that, beginning on February 1, 2022, proof of vaccination is required to enter any indoor portion of a covered location.

B. Except as provided below, beginning on February 1, 2022, a covered location shall require each patron twelve (12) years or older to provide proof of vaccination. For each patron eighteen (18) years or older a covered location must also cross check a patron's proof of vaccination with a photo identification. A covered location may require such proof either before a patron enters an indoor portion of a covered location or upon the patron's first interaction with staff.

1. A patron may be exempt from the requirements of this Section if they are entitled under any applicable law to a reasonable accommodation for a medical condition. To qualify, a patron must demonstrate eligibility by providing the covered location with:

a. Verification of medical exemption; and

b. Proof of a recent negative COVID-19 test and photo identification.

2. A patron who does not provide proof of vaccination and who does not qualify for an exemption may use the portion of a covered location that is not an indoor portion. A patron who does not provide proof of vaccination may be allowed to enter an indoor portion of a covered location for brief and limited periods of time to use the restroom, order, pick-up, or pay for food or drink "to-go," or perform necessary repairs, provided that the patron wears a well-fitting mask at all times while in the indoor portion of the covered location. To the extent feasible, a covered location may offer service outside for a patron who does not provide proof of vaccination.

C. A covered location must develop and keep a written record describing the protocol for implementing and enforcing the requirements of this Chapter. Such records must be kept for one (1) year and made available, upon request, to the local public health jurisdiction or the City.

(Ord. No. 13691, § 2, 5-17-2022; Ord. No. 13669, § 3, 12-21-2021)

An operator or host of a large indoor event must verify that every patron aged twelve (12) years or older, must wear a face mask to mitigate the spread of COVID-19.

Operators or hosts of large indoor events must develop and keep a written record describing the protocol for implementing and enforcing the requirements of this Section. Such records must be kept for one (1) year and made available, upon request to the local public health jurisdiction or the City.

This requirement to wear a face mask to attend a large indoor event pursuant to this Section 8.68.040 shall expire on November 1, 2022 or upon the lifting of the City Administrator's Declaration of Local Emergency in response to the spread of COVID-19 that was issued March 9, 2020 and ratified by the City Council on March 12, 2020 pursuant to Resolution No. 88075 C.M.S., whichever occurs sooner.

(Ord. No. 13691, § 2, 5-17-2022)

Editor's note— Ord. No 13691, § 2, adopted May 17, 2022, repealed § 8.68.040 and renumbered the former §§ 8.68.050—8.68.070 as §§ 8.68.040—8.68.060 as set out herein. Former § 8.68.040 pertained to proof of vaccination required to attend a large indoor event, and derived from (Ord. No. 13669, § 3, adopted Dec. 21, 2021.

A. An operator of a covered location or operator or host of a large indoor event may be issued a citation for violation of any provision of this Chapter and shall be subject to the enforcement provisions provided pursuant to Chapters 1.08 and 1.12 of this Code.

B. This Chapter shall be enforced beginning February 1, 2022, except that Section 8.68.040 (face mask requirement for large indoor events) shall be enforced immediately.

(Ord. No. 13691, § 2, 5-17-2022; Ord. No. 13669, § 3, 12-21-2021)

Note— See editor's note at § 8.68.040.

The City Administrator is authorized to promulgate rules and regulations consistent with this Chapter for further clarification, implementation, and enforcement of the provisions of this Chapter, including providing additional flexibility measures for City-owned facilities to implement the intent of this Chapter.

(Ord. No. 13691, § 2, 5-17-2022; Ord. No. 13669, § 3, 12-21-2021)

Note— See editor's note at § 8.68.040.