ABOUT TIME:

These businesses have been getting away with making claims that they are protecting the public, but not be accountable for failure to do so.

The new revision includes the following requirements:

“The newest Social Distancing Protocol has new requirements and you must fill out this version even if you previously completed an older version.

What to expect: When you click on the link below, you will be able to fill out a Social Distancing Protocol. The Protocol requires you to enter information that:

IDENTIFIES AND PROVIDES CONTACT INFORMATION FOR THE BUSINESS AND THE PERSON RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE PROTOCOL (THIS WILL USUALLY BE AN OWNER OR MANAGER)”

Good so the individual or business is responsible to uphold the SDP it also said:

“CONFIRMS THAT THE BUSINESS IS POSTING PROPER SIGNAGE”

A good specific task that needs to be affirmed in order to keep operating it goes on to say:

“CONFIRMS THAT THE BUSINESS IS PROPERLY TRAINING ITS WORKERS”

Again makes sense to me. It goes on to say:

“CONFIRMS THAT THE BUSINESS IS PUTTING MEASURES IN PLACE TO PROTECT ITS WORKERS AND THE PUBLIC”

GOOD, that means it must take proactive steps, like creating a legal record of the public usage of the business so that if ANY person using them is TESTED positive, the proper TRACING can be performed and all other people in that business during that viable time can be contacted for TESTING. This of course also means that a RECORD of those in any group sitting closer than 6 feet must be properly identified as being in the same household too. These businesses are going to have to act as agents of the Santa Clara Department of Public Health under this requirement. It goes on to say:

“CONFIRMS THAT THE BUSINESS HAS AN ADEQUATE PLAN IN PLACE IF A WORKER TESTS POSITIVE FOR COVID-19”

Good, I doubt any of these business have that figured out. It goes on to say:

“CERTIFIES UNDER PENALTY OF PERJURY THAT THE INFORMATION SUBMITTED IS TRUE AND ACCURATE TO KNOWLEDGE OF THE PERSON SIGNING THE PROTOCOL”

VERY GOOD THIS HOLDS THOSE SIGNING LEGALLY LIABLE IF THEY FAILED PERFORM THE REQUIREMENTS ABOVE. The definition also stated:

“Certification under penalty of perjury: The Protocol cannot be submitted unless it is signed under penalty of perjury by a person who is authorized by the business. If you are filling out this form, you must ensure that you have been authorized to complete the form and submit it for the business. Once you complete the Protocol at the link below, you will need to sign the Protocol using an electronic DocuSign signature. (You cannot sign using pen and paper.) SUBMITTING THE PROTOCOL UNDER PENALTY OF PERJURY MEANS EVERYTHING ON THE FORM MUST BE TRUTHFUL TO THE BEST OF YOUR KNOWLEDGE, AND INCLUDING INFORMATION YOU KNOW IS FALSE IS A CRIME.

It looks like the County finally got the right approach down. The County WILL hold a business accountable if it fails to provide the performance of the above. Failure to do so will revoke the privilege of being a service provider regarding “outdoor dining”.

If any of these business do not want to follow this SDP then they must shut down “outdoor dining” and return to Delivery and Take Out only.

This becomes effective on Monday.

So.

I predicted this kind of situation would arise. Then those scoffed saying I was wrong.

NOW.

Things are now requiring accountability.

They said it was a right to be in business. Restaurant licenses are privileges, just like drivers licenses. They are not allowed to operate unless proper procedures are followed under license laws.

But you forgot to understand this didn't you?

Please understand, you have a lot of people making assumptions regarding safety, and we CAN'T do that.