Guidance for Businesses in the Resraurant Industry Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public

PURPOSE

The virus that causes the Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to safeguard public health and safety.

COVID-19 can be transmitted from infected individuals even if they are asymptomatic or their symptoms are mild, such as a cough. It can also be spread by touching a surface or object that has the virus on it and then touching your mouth, nose or eyes. This guidance document addresses the procedures businesses in the restaurant industry must follow to limit the spread of COVID-19 to the extent they are permitted to conduct in-person operations.

Businesses Subject to This Guidance

All businesses in the retail food services industry, including restaurants, wineries, breweries, private clubs, and bars, are permitted to provide take-out and delivery sales of food, as well as dine-in service in both indoor and outdoor seating areas so long as they strictly adhere to the requirements of the guidance, as required by this guidance, including:

  1. Alcohol can only be served for on-premises consumption and must accompany a meal.
  2. Non-bar seating in outdoor areas (i.e. tables or counter seats that do not line up to a bar or food service area) may be used for customer seating.

This guidance applies to all restaurants, private event spaces and wedding venues with food service, licensed clubs, and bars, regardless of whether the business operates within a larger facility such as a hotel, casino, convention center, conference center or similar large venue.

Policy

It is the policy of the Administration to ensure that all businesses subject to this guidance conduct their operations in the manner best designed to prevent or mitigate the spread of COVID-19 and ensure the safety of their employees and the communities in which the businesses reside or serve. All businesses, even those that are authorized to maintain in-person operations, must minimize opportunities for personal interaction because such interactions provide greater opportunities for the transmission of COVID-19.

Protecting Employees and the Public

All businesses and employees in the restaurant and retail food service industry authorized to conduct in-person activities pursuant to this guidance MUST do the following:

  1. Require all customers to wear masks while entering, exiting, or otherwise traveling throughout the restaurant or retail food service business. Face coverings may be removed while seated.
  2. Individuals who cannot wear a mask due to a medical condition (including children under the age of two years per CDC guidance) are not required to wear masks and are not required to provide documentation of such medical condition.
  3. Spacing must also allow for physical distancing from areas outside of the facility’s control (i.e. such that pedestrians on a sidewalk can pass with at least six feet of distance to customer).
  4. Ensure maximum occupancy limits for indoor and outdoor areas are posted and strictly enforced. Maximum occupancy, to include all customers and employees at the facility, is calculated using the following two methods. The more restrictive number must be used.

Enforcement

Failure to strictly adhere to the requirements of this guidance may result in disciplinary actions up to and including suspension of licensure, including liquor licenses. Restaurants may increase occupancy and continue to operate at 50% indoor capacity if they elect to self-certify. Restaurants that wish to self-certify must do so starting on September 21st. If restaurants do not self-cert by October 5, they must operate at no greater than 25% indoor capacity. Beginning October 5th, state enforcement agencies may impose penalties on businesses that have not self-certified and exceed 25% indoor capacity.

More than one violation of the legal orders will result in a citation and/or fine. If the violation cannot or will not be immediately corrected, closure will be required for a period of up to 24 hours beginning the day of notice of a second violation. Violations may also be posted in a public online database so potential visitors are aware of their failure to comply with the mitigation orders.

Reminders to Contain the Spread of COVID-19: Social Distancing and Other Requirements

When people need to leave their places of residence in connection with allowable individual activities, allowable essential travel, or by virtue of exemption from this policy, the Department of Health strongly encourages individuals to abide by the following social distancing requirements to:

  1. Wear a mask — indoors and outdoors — whenever you leave home or have people who do not live with you in your space.
  2. Keep your distance from those you don’t live with and avoid crowds.
  3. Maintain a distance of at least six feet from other individuals;
  4. Wash hands with soap and water for at least 20 seconds as frequently as possible, or use hand sanitizer if soap and water are not available;
  5. Cover coughs or sneezes with a sleeve or elbow, not hands; Do not shake hands;
  6. Regularly clean high-contact surface areas;
  7. When sick, stay at home.
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