Buncombe, Asheville to fine and temporarily close businesses violating COVID-19 orders

ASHEVILLE The city and Buncombe County will now penalize businesses that don't enforce new COVID-19 safety precautions, enacting a joint order Wednesday authorizing fines and temporary closures for those flouting occupancy limits and mask mandates.

The new order follows a strengthening of mask mandates statewide in Gov. Roy Cooper's Executive Order 180, which paved the way for local entities to cite those who violate safety measures.

Citing rising cases and transmission rates in the county and across the state, health and government officials announced the move in an update Wednesday.

The order, signed by Asheville Mayor Esther Manheimer and Buncombe County Board of Commissioners Chair Brownie Newman, says all offices and businesses must comply with the latest executive orders from the state and a few requirements added on at the local level.

"The enhanced local restrictions in the declaration we are signing today empower the community and businesses to ensure Gov. Cooper's face covering mandate is followed," Manheimer said, citing studies that show mask-wearing is the most effective way to slow the spread of COVID-19.

COVID-19 COVERAGE:Buncombe, NC break COVID case record again, state strengthens mask mandate

Newman noted that the decision was made with leaders from a majority of the county's municipalities. All but one of Buncombe's municipalities signed on to the county order: Asheville, Woodfin, Black Mountain and Biltmore Forest. Weaverville did not.

Those orders now require face coverings whenever a person is around anyone outside their household, including at any public indoor space even with social distancing, at gyms even when exercising, at all schools, and all public or private transportation when people are traveling with others outside their household. 

Executive Order 180 also requires large retail businesses with more than 15,000 square feet to have an employee stationed near entrances ensuring that patrons wear masks and implementing occupancy limits. 

Buncombe County's order adds extra requirements that any business or "indoor areas of every kind and nature," that hit that benchmark must also "post the maximum emergency occupancy at every entrance along with clear and conspicuous signage indicating that face coverings are required for entry."

The order also adds that local government offices and agencies must require on-site workers to wear face coverings while inside or outside if within 6 feet of another person. 

The order goes into effect 5 p.m. Nov. 25 and continues through 5 p.m. on Dec. 11, unless otherwise repealed, replaced or rescinded.

"Another way to think of this is that wearing a face covering is a sign of kindness and support to those around us," Manheimer said. 

So far during the pandemic, Buncombe County residents have done a good job taking responsibility for their actions to limit the spread of COVID-19, including social distancing and mask-wearing, Newman said. 

"In spite of these good efforts, COVID-19 numbers are rising in Buncombe County," he said, including those who need hospitalization.

The order is focused on mass gatherings in commercial settings and ensuring employees wear masks, Newman said. 

"It's not fair to all of the residents and businesses in our community that have worked hard to keep their employees and customers safe to have other businesses ignore health and safety requirements and therefore accelerate the spread of COVID-19," Newman said. 

Anyone who sees a business violating the policies can call 419-0095 or email ready@buncombecounty.org to report it. 

No first warning: enforcing the mandate

Buncombe County Public Health Preparedness Director Fletcher Tove explained that this time no first warning will be given, and a $50 citation will be imposed on a first violation. On a second citation, the order says the business or office will be ordered to close for 24 hours and pay another $50. 

A third citation will bring another $50 fine and a 48-hour closure period, and a fourth will bring yet another $50 fine, but a 72-hour closure period. According to the order, those closure periods only apply to times the business would otherwise have been open and operating. 

Newman and Manheimer said in a press call following Wednesday's announcement that if that $50 doesn't successfully deter businesses, they're open to making the citation more expensive, but will have to amend the signed order to do so.

"If we need to change that then we will," Newman said. Manheimer concurred. 

To aid in the enforcement, the county will also reform its multi-agency task force that saw success in the past getting restaurants to comply to safety measures, Tove said. 

The task force will be made up of public health officials, sheriff's deputies, Asheville Police Department, and city and county fire departments and fire marshals, he said. 

It will be mostly complaint-driven, but will do some patrolling and be able to proactively engage individuals and businesses, Tove said, focusing on key factors of signage requirements, mask compliance, physical distancing and capacity limitations and storefront greeters. 

In a call with reporters after the announcement, Tove said officials are still reviewing the best strategy for citing individuals who fail to comply with mandates, and hasn't yet determined how those will be administered. 

Newman clarified, though, that a business can't be fined or penalized because one customer isn't wearing a mask, but only for things it can control, like employees and the directives outlined in Wednesday's order.

Addressing the chances for another widespread closure of non-essential businesses, Newman said it's a possibility for the county if public health data indicates it's needed, but noted "literally thousands of people lost their jobs immediately," the last time it was enacted. 

"There are major economic consequences," he said, adding that right now the county is talking about things that "cost businesses and workers very little or nothing to do."

The latest COVID-19 numbers:

In the latest metrics posted to the county's website Tuesday, Buncombe County is showing an increase in new cases, a large percent change in new cases per 100,000 residents and an increase in test positivity rates. 

As of Tuesday, there were 142 new cases per 100,000 residents per week, a number that's up more than 19% from the previous week. 

The diagnostic test result positivity rate was 4.7%, up 0.7% from the previous week. 

More:Buncombe, Mission Health report new highs of COVID-19 cases again

All three of those numbers fall in a range that local officials have said will prompt new safety recommendations, which were issued Wednesday. 

According to numbers from the state Department of Health and Human Services, 4,212 new cases statewide on Wednesday, the third-highest one-day total so far, brings the state's COVID-19 cases since the start of the pandemic to 346,506. 

Buncombe's numbers continue to mirror the states, with the county adding its second-highest daily total of 71 cases Wednesday, following its record 72 cases on Tuesday and 70 cases on Sunday. 

That brings the county's total to 5,375, with 126 total deaths, and statewide, COVID-19 deaths have reached 5,138.

Hospitalizations also continue to rise, with the most-ever 1,811 currently hospitalized patients in the state, according to the latest data, including 247 admitted in the past 24 hours. 

At Mission Health, spokeswoman Nancy Lindell confirmed that as of 7:30 Wednesday morning, there are 52 lab-confirmed positive CVID-19 patients in the Mission Health system, including 44 at Mission Hospital in Asheville. 

Another three are at Blue Ridge Regional Hospital in Spruce Pine, two are at Angel Medical Center in Franklin, and one each at Transylvania Regional in Brevard, Mission Hospital McDowell in Marion and Highlands-Cashiers Hospital in Highlands.