Mountain Brook businesses must require patrons to wear face coverings

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The Mountain Brook City Council, at a special called meeting for Monday, June 29, voted unanimously to amend the city code and mandate that businesses require patrons to wear face coverings — as ordered by the Jefferson County Health Officer to help stop the spread of COVID-19 — or risk having their city business license revoked.

The ordinance will take effect in Mountain Brook on Friday, July 3, said City Manager Sam Gaston.

The Council’s action comes in response to an announcement on Friday by Jefferson County Health Officer Dr. Mark Wilson that everyone age 9 and above in the county will be required to wear a face covering in most indoor public spaces starting Monday, June 29, at 5 p.m.

However, Mayor Stewart Welch stressed that the city’s action today is not meant to punish business people.

“I do think it’s critical that we communicate this as a support tool and not us being heavy handed with the business owners,” he said.

The ordinance is meant to empower merchants to protect their employees and customers by giving them back-up if a customer refuses to wear a mask, according to Welch and some Council members.

“If a business owner says, ‘Listen. I could actually lose my business license,’ then it gives them additional ammo when they are talking to someone who does not wear a mask,” Welch said.

Councilor Phillp Black said he was in favor of the ordinance and noted that many people at some of the businesses he visits are not wearing masks

“I think it's good that we’re developing some consistency throughout the city so people know what the expectations are and so do the business owners,” he said.

Welch said he is optimistic that merchants in the city will cooperate. “I think we are going to have compliance from the store owners,” he said.

In addition, the still-spreading COVID-19 pandemic requires decisive action, Welch said.

“If I'm a business owner, I want to protect my people, number one, and this virus is serious,” he said. “This thing is crazy contagious.”

City Clerk Steve Boone noted that any suspension or revocation of a business license would not be instantaneous and would require a process lasting from 10-20 days.

In addition, City Attorney Whit Colvin said that those situations might involve some “mitigating circumstances” that the Council could take into account.

“As we do know, this thing (the pandemic) has been completely fluid,” he said. “There are things out there that we can’t forecast about each situation that may come up.”