MISSOURI CIRCUIT COURT I G& E TWENTY-SECOND CIRCUIT QD (City of St. Louis) FEB _9 2021 22% suDICy court ClENS ORE WHEELHOUSE20, LLC, et al., ) tata ) Plaintiffs, ) ) No. 2022-CC10352 v. ) Div. 19 y) CITY OF ST. LOUIS, etc., et al., ) ) Defendants. ) CONSENT ORDER On stipulation of the parties, it is ORDERED as follows: 1, From and after the date of this Order, plaintiffs shall be permitted to re-open for business at Wheelhouse, Midwest, and Start Bar, subject to the following terms and conditions: (a) business will be conducted solely by plaintiffs and its venues shall not be licensed or leased to third parties without the consent of defendants; (b) occupancy shall be limited to 33 1/3% of total permitted occupancy at each venue; (c) police officers on secondary employment will be at each venue to enforce occupancy restrictions at all times, at plaintiffs' sole expense, in cooperation with plaintiffs’ security and St. Louis Division of Police; the providerof officers on secondary employment may include officers provided by City's Finest or any other provider approved by the St. Louis Division of Police; (d) one television screen at each venue will be dedicated to displaying reminders concerning social distancing and mask mandates as prescribed by the Health Commissioner; (e) internal signage will be prominently posted in each venue at multiple locations to remind patrons of social distancing and mask mandates as prescribed by the Health Commissioner; (£ employees will be assigned to circulate among patrons at each venue regularly during the hours of 5 p.m. to closing (11 p.m. currently) to remind patrons of social distancing and mask mandates as prescribed by the Health Commissioner and to conduct additional sanitizing of the premises; at least five employees total for all venues will be so assigned; (g) plaintiffs! employees will continue to require that all patrons be masked upon entering, with masks to be provided by plaintiffs if necessary; (hy plaintiffs’ employees will submit to temperature checks upon reporting to work and will require patrons to submit to temperature checks prior to entry, and shall exclude any employee or patron from entry if the temperature reading exceeds 99.5F;(j) plaintiffs will continue to monitor employees for symptoms of flu-like illness and shall not permit any employee with symptoms to continue at work; (j) prior to re-opening, plaintiffs, at their expense, shall install additional video surveillance capable of monitoring activity at the door and throughout each venue, with recordings to be preserved and provided to health inspectors or City police on demand; if feasible, the surveillance will be transmitted to Division of Police Real Time Crime Center, with any cost to be paid by plaintiffs; and (k) plaintiffs shall post a copy of this Consent Order on their social media sites. 2. Inthe event the City's Health Commissioner determines, in his sole discretion, that plaintiffs are not in compliance with the foregoing conditions at any venue, the Health Commissioner may order such venue to be closed forthwith, without re-opening for a period of six months, subject to the terms of paragraph 3 of this order, or until the Health Commissioner determines that the pandemic is sufficiently controlled so as not to require closure or limits on occupancy or operating hours of bars or restaurants, whichever is earlier. 3. This order will remain in effect until terminated or modified by the Court. No motion to amend or modify this Order will be entertained prior to 30 days after the date hereof, unless all parties consent; provided, that nothing herein shall be construed to preclude modification or dissolution of this order on motionof any party in light of changed circumstances, including but not limited to reduction of COVID positivity rate in the City, completion of vaccination of 90% or more of the City's population against COVID, and a declaration by the National Centers for Disease Control and Prevention that the pandemic is ended, or enactment of legislation affecting the authority of the Health Commissioner in the premises. The City's Health Commissioner will promptly notify the Court if public health conditions relating to the COVID pandemic warrant dissolution of this Order. 4. Further proceedings in this action are stayed pending further order of Court. The parties shall report to the Court within 180 days as to whether this Order should remain in effect. 5. By agreeing to this Order, no party is construed to have admitted any fact or waived any claim or defense herein. Dated: February 9, 2021/s/N. Scott Rosenblum MBE 33390 120 S. Central, No. 130 St. Louis, MO 63105 314-862-4332 srosenblum@rsflawfirm.com Attorney for Plaintiffs MICHAEL A. GARVIN, CITY COUNSELOR /s/ Robert H. Dierker MBE 23671 Deputy City Counselor dierkerr@stlouis-mo.gov ‘Ashley Moore MBE 69462 Catherine A. Dierker MBE 70025 Assistant City Counselors 314 City Hall 1200 Market St. St. Louis, MO 63103 314-622-3361 Attorneys for Defendants