*NOTICE*

Il Capo Pizzeria
7366 E. Shea Blvd, Scottsdale, AZ 85260
MUST IMMEDIATELY CLOSE FOR BUSINESS
WHEREAS, on March 19, 2020, the Governor of the State of Arizona issued Executive Order
2020-09, pursuant to which bars and restaurants were required to close on-site activities on
Friday, March 20, 2020, and remain closed until further notice; and

WHEREAS, on May 4, 2020 the Governor of the State of Arizona issued Executive Order
2020-34, pursuant to which businesses were authorized to resume dine-in services effective
Monday, May 11, 2020 provided they establish and implement protocols and best practices
for businesses to address COVID-19, including enacting physical distancing policies, limiting
the number of diners and following protocols as directed by the Centers for Disease Control
and Prevention, the United States Department of Labor Division of Occupational Safety and
Health Administration and the Arizona Department of Health Services; and

WHEREAS, on July 9, 2020, the Governor of the State of Arizona issued Executive Order
2020-47, pursuant to which additional measures that protect health and safety and decrease
the strain on our health care providers were imposed on “restaurants,” which were defined
“as an establishment regularly open for the serving of food to guests for compensation and
that has kitchen facilities connected with the restaurant for keeping, cooking and preparing
foods required for ordinary food service”; and

WHEREAS, on August 4, 2020, the Honorable Timothy J. Thomason, in Maricopa County

Superior Court Case No. CV2020-093916, ruled that indoor gyms and fitness clubs or centers,
which had been ordered to “pause” operations under Executive Order 2020-43, as extended
by Executive Order 2020-52, must be provided an opportunity to apply for reopening, and
the process for reopening must be implemented no later than August 11, 2020 (“Ruling); and

WHEREAS, the Governor of the State of Arizona and the Director of the Arizona Department
of Health Services determined that the guidelines for reopening ordered in the Ruling for
indoor gyms and fitness clubs or centers also should be applied to all other businesses whose
operations were ordered paused under Executive Order 2020-43 and all other businesses
with a liquor license whose operations were limited, no matter what series of license is held;
and

WHEREAS, on August 10, 2020 the Director of the Arizona Department of Health Services
(“ADHS”) issued Emergency Measure 2020-02, which established re-opening and ongoing
Douglas A. Ducey | Governor Cara M. Christ, MD, MS | Director

150 North 18th Avenue, Suite 500, Phoenix, AZ 85007-3247 P | 602-542-1025 F | 602-542-0883 W | azhealth.gov
Health and Wellness for all Arizonans
operations processes for all businesses operating with a liquor license, no matter what series
of license is held; and

WHEREAS, pursuant to Emergency Measure 2020-02, an affected business is required to

complete an Attestation, implement and abiding by ADHS-specified mitigation Guidelines
(“Guidelines”), and post a copy of the Attestation and Guidelines in a prominent place on or
near the main entry into the business; and

WHEREAS, law enforcement, any regulatory agency, pursuant to its regulatory authority,
ADHS, and local health departments may take immediate action as necessary to protect the
health, safety, and welfare of the public against any person that operates in violation of
Emergency Measure 2020-02, its Attestation, or the applicable Guidelines; and

WHEREAS, as of November 13 2020, ADHS has reason to believe that IL CAPO PIZZERIA
LOCATED AT 7366 E. SHEA BLVD, SCOTTSDALE, AZ 85260 is operating in violation of
Emergency Measure 2020-02, its Attestation, and/or the applicable Guidelines, and thus is
jeopardizing the health, safety, and welfare of the public.

Accordingly:

YOU ARE HEREBY NOTIFIED THAT IL CAPO PIZZERIA LOCATED AT 7366 E. SHEA
BLVD, SCOTTSDALE, AZ 85260 MUST IMMEDIATELY:

1. CLOSE FOR BUSINESS AND REMAIN CLOSED UNTIL IT IS GRANTED PERMISSION

TO REOPEN BY ADHS PURSUANT TO THE PHASED REOPENING PROCESS
ESTABLISHED IN EMERGENCY MEASURE 2020-02; AND

2 CEASE AND DESIST FROM VIOLATING EMERGENCY MEASURE 2020-02, ITS

ATTESTATION, AND THE APPLICABLE GUIDELINES.

CONTINUED DEFIANCE OF THE FOREGOING IS UNLAWFUL, WILL RESULT IN LEGAL

ACTION, AND MAY RESULT IN THE IMPOSITION OF ANY AND ALL AVAILABLE CIVIL
AND CRIMINAL PENALTIES.

Please be advised that:

Pursuant to Emergency Measure 2020-02, this Notice may be appealed by requesting an Informal Settlement
Conference to discuss whether there are conditions under which the above-named business may reopen. Such
an appeal may be filed by sending an email request to: acr@azdhs.gov.

Please be further advised that:

If a business is required to remain closed after an Informal Settlement Conference, the business has the right
to request a hearing before the Arizona Office of Administrative Hearings and to have an Administrative Law
Judge review the continuing closure. See A.RS.§ 41-1092.03(8). The business may request such a hearing by
submitting a written request to the Clerk of the Department, Arizona Department of Health Services, 150 North
18th Avenue, Suite 200, Phoenix, AZ 85007, within thirty (30) calendar days after the Informal Settlement
Conference.
Douglas A. Ducey | Governor Cara M. Christ, MD, MS | Director

150 North 18th Avenue, Suite 500, Phoenix, AZ 85007-3247 P | 602-542-1025 F | 602-542-1062 W | azhealth.gov
Health and Wellness for all Arizonans