Milbank Restaurants and Bars to Reopen May 4

Over 50 people attended a virtual Milbank City Council meeting on Friday, May 1 at noon. The council voted 5-0 to reopen entertainment venues, restaurants, bars, cafes, and clubs which sell food and beverages, including alcohol, for on-site consumption. The new resolution goes into effect at 12:01 a.m. on Monday, May 4. The passage of the resolution was timed to allow several days for businesses to become compliant.

The new resolution continues to lay out certain restrictions according to the “New Normal” outlined by South Dakota Governor Noem. The most prominent of the restrictions is seating for non-family members must extend six feet in a 36-foot radius. Businesses are also instructed to follow CDC guidelines for cleaning, sanitizing, and the serving of buffets and salad bars.

According to Mayor Raffety, businesses can purchase sanitizer and dispensers at the Milbank police garage beginning Monday morning at 10 a.m. Any business wishing to increase their outdoor seating, can sign up at the same time to use the city-owned aluminum picnic tables. The Milbank Parks Department crew will deliver the tables.

Councilman Steve Weiner commented, “Businesses do not have to open. It is up to each one and people do not have to go into open businesses.” Raffety stressed personal responsibility for all residents.

Resolution 05-01-20
An Emergency Resolution to Address a Public Health Crisis by Implementing
Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of
Coronavirus (COVID-19).
Whereas, the City of Milbank has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to
pass ordinances or resolutions for the purpose of promoting the health, safety, morals, and
general welfare of the community, and to do what may be necessary for the promotion of
health or the suppression of diseases; 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, President Donald Trump 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, the City of Milbank City Council previously passed Resolution 3-24-20 restricting onsite
consumption of food or beverages at various establishments, and closed other public
venues or gathering places to enforce social distancing in our community; and
Whereas, the City of Milbank City Council previously passed Resolution 4-13-20 extending
Resolution 3-24-20 through May 31, 2020; and
Whereas, on April 28, 2020, Kristi Noem, Governor of the State of South Dakota, issued
Executive Order 2020-20 as follows:
Section 1 Back to Normal Plan. Every South Dakotan shall implement and follow South
Dakota’s “Back to Normal Plan,” or the “‘Plan” dated April 28, 2020 and attached to this
Executive Order or a later updated version of the Plan. The Plan details the expectations
for individuals, businesses, schools, health care providers, and local governments to
return to normal business and social interactions while accounting for the inherent
uncertainties of this pandemic. The Plan may be amended to respond to changing
circumstances after consultation with the Medical Review Task Force and a thorough
understanding of the data, facts, and science that inform this Plan. The most current
version shall be followed and can be found at covid.sd.gov.
Section 2 Personal Responsibility. The success of this Plan will depend in large part on
the ability of individuals, employers, businesses, schools, health care providers, and local
governments to exercise personal responsibility and common sense to help reduce
future
business and social disruption.
Section 3 Local Governments Within the State of South Dakota. Local governments
shall follow the Plan for their respective jurisdictions.
Section 4 Executive Order 2020-12. Executive Order 2020-12 is hereby rescinded.
Section 5 Limitations:
A. This Order is not intended to and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the State of South Dakota, its departments, agencies, or entities,
its officers, employees or agents, or any other person.
B. Sovereign nations within the borders of South Dakota should review the
matters set forth herein and make their own decisions in accordance with
tribal law.
C. This Order is based on developing data, facts, and science and may be
rescinded or amended and shall be in effect for the duration of the
COVID-19 State of Emergency declared by Executive Order 2020-04,
extended by Executive Order 2020-15.
Whereas, the great citizens, businesses, and visitors of the City of Milbank have faithfully
adhered to Resolution 3-24-20 and Resolution 4-13-20 as an attempt to minimize the person-to
person spread of the worldwide COVID-19 pandemic; and
Whereas, the COVID-19 pandemic is still considered a worldwide health threat and Executive
Order 2020-04 issued by Governor Kristi Noem is still in effect that declared a state of
emergency to exist in the State of South Dakota in response to the spread of COVID-19; and
All citizens and visitors of the City of Milbank shall continue to review and practice the
recommended CDC hygiene practices designed to stop the spread of the disease COVID-19
including, but not limited to:
• Wash your hands with soap and water or use hand sanitizer, especially after touching
frequently used items or surfaces.
• Avoid touching your face.
• Sneeze or cough into a tissue, or the inside of your elbow.
• Disinfect frequently used items and surfaces as much as possible.
• Strongly consider using face coverings while in public.
All citizens and visitors of the City of Milbank should continue to implement social distancing
measures designed to stop the spread of the disease COVID-19 as defined by the CDC including,
but not limited to:
• All vulnerable individuals (Elderly individuals and individuals with serious underlying
health conditions, including high blood pressure, chronic lung disease, diabetes, obesity,
asthma, and those whose immune system is compromised such as by chemotherapy for
cancer and other conditions requiring such therapy) should continue to shelter in place.
Members of households with vulnerable residents should be aware that by returning to
work or other environments where distancing is not practical, they could carry the virus
back home. Precautions should be taken to isolate from vulnerable residents.
• All individuals, when in public, should maximize physical distance from others by being
at least 6 feet apart from those not within the same household. Social settings of more
than 10 people, where appropriate distancing may not be practical, should be avoided
unless precautionary measures are observed.
• Avoid socializing in groups of more than 10 people in circumstances that do not readily
allow for appropriate physical distancing of at least 6 feet or more
• Minimize non-essential travel and adhere to CDC guidelines regarding isolation
following travel.
Now, Therefore, Be It Ordained, by the City Council of Milbank that:
1. Effective at 11:59 p.m., May 03, 2020, Resolution 3-24-20 and Resolution 4-13-20 are
hereby rescinded.
2. All citizens and visitors of the City of Milbank will continue to adhere to any current
active and future Executive Orders issued by Kristi Noem, Governor of the State of South
Dakota.
3. Resolution 3-24-20 and 4-13-20 outlined certain restrictions on businesses that
encourage mass gatherings of 10 or more people. The City of Milbank hereby provides
the following protocol for all restaurants, food courts, coffee houses, bars, breweries,
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:
• Groups of more than 1 person should be limited to those residing within the
same household.
• Individuals or groups not residing within the same household should maintain 6
feet of spacing between serving and waiting areas indoor or outdoor.
• Tables and bar stools should be spaced out such that a 36 square foot radius
exists from another group or individual to adhere to the 6 feet spacing from
those not within the same household.
• CDC guidelines should be adhered to in sanitizing serving areas and tables
between customers including, but not limited to, areas such as salad bars,
buffets, video lottery machines, and other entertainment devices.
4. Resolution 3-24-20 and 4-13-20 outlined certain restrictions on businesses that
encourage mass gatherings of 10 or more people. The City of Milbank encourages all
recreational facilities, public pools, health clubs, athletic facilities and theaters, including
skating rinks, casinos, bowling alleys, movie theaters and music or entertainment
venues to maintain the 6 foot distance between individuals or groups that are not
residing within the same household similar to those outlined in item 3. In addition, CDC
guidelines should be adhered to in sanitizing all serving areas and all applicable
equipment or entertainment devices between customers.
5. Any violation of this resolution is subject to the general penalty provision in the Revised
Milbank Municipal Code, Chapter 1.16, Section 1.16.010. Each day a violation of this
resolution is allowed to occur is considered a separate offense
This Resolution may be rescinded or amended as the COVID-19 pandemic situation warrants,
and shall be in effect for the duration of the COVID-19 State of Emergency as declared by Kristi
Noem, Governor of the State of South Dakota.
Be It Further Ordained, that, pursuant to SDCL 9-19-13, this resolution is necessary for the
immediate preservation of the public peace, health, safety, and welfare of the City and shall
become effective at 12:01 a.m., May 4, 2020.
Dated this _____ day of May, 2020.
Vote of the Milbank City Council:
AYE ____________ NAY____________
Dated this _____ day of May, 2020.
ATTEST:
________________________________ ______________________________
City of Milbank Finance Officer City of Milbank Mayor