Missoula City<ounty Health D€partment

301 west Alder Street I Missoula MT 59802-4123

Missoulo Public Health www.missoulacounty.us/HealthDept
Aty -Coun ty H eolth DeN rtment Phone 1406.258.4770
Fax I 406.258.21ti57

HAND DELIVERED

October 13,2020

Bodega, Inc. Health Officer Order

c/o Robert Manzer
221 Ryman
Missoula, MT 59802

Dear Mr. Manzer

This letter serves as an Order for Bodega's at 221 Ryman in Missoula, Montana to Comply with
applicable requirements in the following:
o The Govemor's 5ll9/20 Directive for Phase 2 Reopening
. Department of Public Health and Human Services 613/20 Bar Seating During Phase 2
Guidance
o The Govemor's7ll5l20 Directive on the Mandatory Use of Face Coverings
c T\e 719120 Missoula City-County Health Board rule and Health Officer's Order for
Mandatory Use of Face Coverings

Widespread use of face coverings has been shown to be an effective tool in reducing community spread
of COVID-19, especially when coupled with olher measures such as daily pre-shift health checks,
enhanced cleaning and sanitizing, not allowing sick employees to work, maintaining 6 feet lrom other
people and practicing good hand hygiene. The goal is to limit the number of Missoula County cases,
hospitalizations, and deaths from COVID-19. We need everyone in the community to do their part for
us to achieve that goal.

Investigative Summary
On August 11,2020, the Health Department has received a complaint that Bodega was not following the
statewide COVID-I9 requirements for bars during Phase 2, and the state and local mandatory face
covering requirements.

In response to the complaint received August l1th, Environmental Health Specialist Linda Ito spoke with
the facility manager, Pryce, about the complaint received. Pryce stated that they are taking all the
requirements seriously and welcomed us to come take a look of everything they have in place. He stated
that the complaint was most likely due to an upset customer and not based on lack of compliance with
requirements. No further complaints were received about this location.

On October 1, Environmental Health Specialists visited the bar. They noted:

a Customers were not maintaining 6' distancing at the bar, between tables, or between
groups/individuals arriving at different times.

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 . Customers were not maintaining 6' distancing from the bar serving and wait areas.
o Customers were standing while at the bar and in other areas ofthe establishment.
o Customers and staff were not wearing face coverings when necessary, including when not eating
and drinking, when entering/exiting the establishment, and when moving throughout the facility
to use the restroom.

On October 2, Environmental Health Specialists Emily Andrea and Brian Clifton delivered a letter that
outlined the violations that were seen the night before along with the associated rules. Emily talked to
the bartender, who identified himself as the manager, and gave him the letter. During that visit she
noted:

Three customers playing a video game with no face coverings on, one customer was walking
throughout the facility with no face covering on, and another customer left the facility with no
face covering on.
a Signage posted on the door stated that customers were only required to wear face coverings to
enter.

During the early evening on October 5, Brian Clifton visited the facility. He observed all staff wearing
face coverings, new signage on the door informing customers of the requirement to wear face coverings,
and groups ofcustomers spaced out and seated while drinking and watching a game.

On the evening ofOctober 10, Emily Andrea visited the upstairs (Bodega) and downstairs (Monk's) bars
to follow-up on the October 2nd waming letter. During this visit she noted:

o In both Bodega and Monk's, customers were entering, exiting, ordering drinks, and moving
throughout the facility without face coverings on.
o In Bodega, custome$ were standing around the bar drinking, mingling, and ordering drinks.
Customers were also seen standing around the facility drinking and mingling. There was no
seating structure and no flow that customers were following.
o Around the bar counter of Bodega, there was no 6' distancing between separate groups.
r In Monk's there were two DJs playing music with no face coverings on. Customers were on the
dance floor without 6' distancing and were also not wearing face coverings.
o In Monk's there was no structure for seating and customers were seen standing around tables
drinking and mingling.

AUTHORITY
Montana state law, $ 50-2-118, MCA, directs Health Officers to carry out the purpose of the public
health system by taking steps, when necessary, to limit contact between people in order to protect the
public from imminent threats, including but not limited to ordering the closure ofbuildings or facilities
where people congregate. It also allows the Health Officer to inspect for conditions of public health
importance and issue written orders for compliance. In addition, the Govemor's directives on Phase 2
reopening and mandatory use of face coverings direct local public health agencies to assist in their
administration, consistent with $ 50-1-202(2)(a), MCA.

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ORDER TO COMPLY
Upon receipt ofthis letter, you must:
I . Take all the steps necessary to ensure that employees and patrons comply with the Govemor's
July l5th Directive, the Heatth Board rule, and the Health Officer order on the mandatory use of
face coverings.
. In areas, like the kitchen, where the public is not allowed, employees must still wear face
coverings whenever they cannot maintain at least 6 feet from other employees.
. Customers must wear face coverings when entering, exiting, and moving throughout the
facility, and whenever they are not eating or drinking.

2. Follow the requirements for bars and restaurants in the Govemor's May lgth Directive lor Phase
2 reopening. This includes:

o Arranging tables and chairs, and managing customer flow so that customers maintain at
least 6 feet from customers not in their immediate party;
o Removing seating at the bar within 6 feet oftaps, wells, ice bins, and prep stations;
. Generally, patrons must be seated, and cannot stand or mingle. You can have a place at
the bar, 6 feet from other customers, wells, taps and prep stations, where one customer at
a time can place and receive orders, but then they must retum to their seats.
o Limiting capacity to of 7 5Yo of normal operating capacity or restrict the capacity even
further ifneeded to ensure patrons can stay 6 feet away from those not in their immediate
party; and
o Meeting other minimum requirements outlined in the Govemor's directive, including
closing by l2:30 am, pre-shift health checks, not allowing sick employees to work, and
enhanced cleaning and sanitizing.

Continued refusal to comply with state and local public health directives may result in the Missoula
City-County Health Officer taking further action, including ordering a temporary closure ofthe Bodega.

Sincerely,

Ellen Leahy, , MN, MPH

Missoula City-County Health Officer

Encl.: Govemor's May 19,2020 Directive; DPHHS June 3,2020 Bar Seating During Phase 2;
Govemor's July 15,2020 Directive; hiy 9,2020 Health Board rule and Health Officer Order;
October 8, 2020 Revised Phase 2 Guidance for Restaurants, Bars, Breweries, Distilleries and
Casinos.

Cc Anna Conley, Missoula Deputy County Attomey

Jamie Williams, Compliance Specialist, Montana Department of Revenue
Shannon Therriault, Missoula City-County Environmental Health Director