{"id":"DE-003","kind":"order","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney","authority":"20 Del. C. ch. 31","instrument":"Second Modification of the Declaration of a State of Emergency","title":"Second Modification of the Declaration of a State of Emergency (take-out alcohol; closure of bowling alleys, movie theaters, fitness centers, health spas, sports facilities and concert venues; nursing-home precautions; unemployment-insurance emergency rules; telemedicine)","dateIssued":"2020-03-18","effective":"2020-03-18 8:00 p.m. E.D.T. (alcohol take-out); closures 2020-03-19 8:00 a.m. E.D.T. (issued 2:00 p.m. Mar. 18)","end":"Closures carried into the Fourth and Tenth Modifications; superseded by Phase 1 and Phase 2 reopening (June 1 and June 15, 2020); struck Sept. 4, 2020 (DE-031)","startDate":"2020-03-18","endDate":"2020-06-15","quarters":["2020Q2"],"types":["CLOSE","EVT","ALC","HC","GATH","OTHER"],"addressees":["restaurants, brewpubs, taverns, taprooms","bowling alleys, theaters, fitness centers, health spas, sports facilities, concert venues","nursing homes, retirement and assisted-living facilities","Secretary of Labor","health-care providers"],"clause":"Recital in the Fifth Modification: the Second Modification was issued \u0027to further restrict events and gatherings; to restrict food service to only take-out or delivery; to close casinos, bowling alleys, concert venues, movie theaters, sports facilities, fitness centers and health spas; to ensure additional precautions in nursing homes, retirement facilities, or assisted-living facilities; to promote authority to the Delaware Emergency Management Agency and the Division of Public Health to cancel any gatherings for public health reasons; to authorize the Secretary of Labor to develop emergency rules relating to unemployment insurance; to address requirements for telemedicine services; and to address the sale of alcoholic beverages\u0027 (Ex. DE-006 at 1). Governor\u0027s release of Mar. 18, 2020: \u0027allows any restaurant, brewpub, tavern or taproom with a valid on-premise license to sell alcoholic beverages as part of transactions for take-out food or drive through food service\u0027 (news.delaware.gov, Mar. 18, 2020).","enforcement":"20 Del. C. §§ 3115(b), 3116(9), 3122, 3125","functions":["FC/PE/AM fitness, theaters, bowling, sports and concert venues closed","BA alcohol take-out","RS/VS nursing-home precautions","TM telemedicine rules"],"notes":"Alcoholic-beverage regulation: the Second Modification is the first Delaware instrument permitting take-out alcohol with food (capped in the release at 40 percent of transaction value); the Nineteenth Modification later modified 4 Del. C. §§ 524, 541 for outdoor seating (DE-023).","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/Second-Modification-to-the-State-of-Emergency.pdf","snapshot":"","fileExists":true,"fileBytes":207575,"grade":"secondary","character":"","description":"","collection":"DE","url":"/library/DE-003","exhibitUrl":"/exhibit/DE-003","citation":"Governor John C. Carney, Second Modification of the Declaration of a State of Emergency (Mar. 18, 2020) (Ex. DE-003)","stateName":"Delaware","related":["DE-031","DE-023","DE-006","DE-002","DE-070","DE-004","DE-001","DE-007","DE-068","DE-005","DE-009","DE-010"]}