Montgomery County Council to Introduce New Resolution Regarding Vaccine Requirements on January 11

On January 11, 2022 the Montgomery County Council sitting as the Board of Public Health will introduce a resolution to adopt a Board of Health Regulation to prevent the spread of COVID-19 in the County – vaccination requirements to enter bars, restaurants, recreation centers, and other covered establishments.

Lead Sponsor: Council President Evan Glass at the request of the County Executive Marc Elrich

 

Work Session and Public Hearing scheduled for January 18, 2022 at 10:30am

 

If you would like to testify at the public hearing (scheduled for January 18, 2022) you can do so by signing up for in-person testimony via Zoom. The hearing will be held remotely. You may also submit written testimony. Click here for information on both in-person remote testimony and testimony submission.

 

Last week, Montgomery County released details of its proposed vaccine passport. If passed, individuals 12 years and older will be required to provide proof of vaccination before entering restaurants, bars, movie theaters, concert venus, gyms and more.

 

Full details below:

 

1.Establishments Subject to Vaccination Entry Requirement:
a. Effective Januar21, 2022, the following establishments and facilities (“covered establishments and facilities”) shall not permit a guest, visitor, or customer over twelve (12) years old to enter their indoor premises without displaying proof of vaccination against COVID-19:i.
  •  Restaurants, bars and nightclub establishments includes restaurants and taverns, coffee shops and fast-food establishment that have seating if guests choose to sit down, breweries, wineries and distillery tasting rooms, mixed-use facilities, and food courts.
  • Indoor entertainment establishments, includes nightclubs, pool andbilliard halls, bowling alleys, hookah and cigar bars, concert venues, live entertainment and sporting venues, movie theatres, adult entertainment venues, botanical gardens, museums and galleries, aquariums, zoos, performing arts theaters, arcades, indoor play areas, and other recreational game centers.
  •  Indoor exercise and recreational establishments, includes indoor portions of standalone and hotel gyms and fitness centers, gyms and fitness centers in higher education institutions, yoga, Pilates, barre, dance studios, boxing/kickboxing gyms, fitness boot camps, indoor pools, CrossFit or other plyometric boxes, and other facilities used for conducting group fitness classes.
  • Indoor event and meeting establishments, includes hotel common rooms, banquet halls, conference centers meeting facilities, convention centers, exhibition halls, auditoriums.
  • Any other indoor establishment designated by the Acting Health Officer of their designee. b. Effective February 1, 2022, all provisions in 1.a. shall apply to a guest, visitor, or customer five (5) to eleven (11) years old.
2.Establishments Not Subject to Vaccine Entry Requirement.
Except as specified in paragraph 2.m., proof of vaccination is not required at the following establishments or facilities:
  • Houses of worship
  • Grocery stores, farmer’s markets, and food service establishments providing charitable food services.
  • Pharmacies, medical offices, urgent care centers, or hospitals
  • Big box stores and retail establishments where people tend to be in motion and not standing or seated in close proximity to others for long periods of time.
  • Private meeting spaces in residences or office buildings
  • Facilities relating to governmental regulation, licensing, administrative hearings, judicial proceedings, law enforcement, the provision of legal services, and the Department of Motor Vehicles;
  • Facilities relating to essential human services such as warming and cooling centers, day service facilities for homeless persons, shelters serving homeless persons or victims of domestic violence;
  • Polling places during elections;
  • Pre-kindergarten through grade twelve (12) public and non-public schools;
  • Child-care programs;
  • Senior centers and community centers; 
  • Such other facilities as exempted by the County’s Health Officer or their designee; or as otherwise indicated by this Order.
  • If an exempt facility conducts a non-exempt activity, the vaccine requirement shall apply. (For example, if a house of worship is rented for a non-religious purpose, the vaccine requirement applies. If a retailbookstore hosts a seated event, proof of vaccination shall be required to enter the area where people will be closely congregated for a prolonged time.)
3.Individuals Exempt from Vaccination Entry Requirement
The proof of vaccination requirement imposed by Section II. I. of this Order does not apply to the following individuals:
  • Individuals entering a covered establishment for a quick and limited purpose (for example, placing an order for takeout, picking up an order, or making a delivery); or  
  • A person entitled by law to a reasonable accommodation due to a medical condition or a sincerely held religious belief.
4.Signage Requirement

Covered facilities shall prominently post signage at their entrances notifying the public of the vaccination entry requirement.

 

5.Accepted Proof of Vaccination
  • Patrons must provide proof of receipt of at least one dose of a COVID-19vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization. 
  • Proof of vaccination may be established by: i. A CDC COVID-19 Vaccination Record Card or an official immunization record from the jurisdiction, state, or country where the vaccine was administered or a digital or physical photo of such a card or record, reflecting the person’s name, vaccine brand, and date administered; or ii. A Certificate from Maryland MyIR  or a digital or physical photo of the certificate.
  • Effective February 15, 2022, patrons over (12) twelve years old must provide proof of having received one dose of the Johnson & JohnsonCOVID-19 vaccine or having received two doses of a COVID-19 vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization.
  • Effective March 1, 2022, patrons five (5) to (11) years old must provide proof of having received two doses of a COVID-19 vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization.(i)Patrons turning five (5) years old on or after March 1, 2022, must provide proof of vaccination within 1 month of their fifth birthday.

6.Enforcement.
 (a) This Order must be enforced by any County department or agency that has authority over the subject matter of any particular provision and the Montgomery County Police Department.(b) Each instance that a covered entity fails to check an individual’s vaccination status shall constitute a separate violation of this Order.
7.Applicability.
 This regulation applies Countywide.
8.Severability.
If the application of this regulation or any part of it to any facts or circumstances is held invalid, the rest of the regulation and its application to all other facts and circumstances is intended to remain in effect.

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