{"id":"NJ-038","kind":"order","level":"state","jurisdiction":"New Jersey","state":"NJ","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Philip D. Murphy","authority":"N.J.S.A. App. A:9-33 et seq., -40, -47","instrument":"Executive Order No. 195 (2020)","title":"Restatement of the preemption of county and municipal COVID-19 restrictions (EOs 103-194), with a new authorization for municipalities and counties to restrict hours of operation of non-essential retail, food and beverage, personal care and recreation businesses between 8:00 p.m. and 5:00 a.m.","dateIssued":"2020-11-12","effective":"2020-11-12 (immediately)","end":"Para. 3 (local hours restrictions) rescinded by EO 242 para. 18 effective May 28, 2021; preemption provisions carried forward","startDate":"2020-11-12","endDate":"2021-05-28","quarters":["2020Q4","2021Q1","2021Q2"],"types":["CURF","OTHER"],"addressees":["all counties and municipalities","non-essential retail, food and beverage, personal care, recreation and entertainment businesses (subject to local hours limits)"],"clause":"Para. 1: \u0022Any county or municipal restriction imposed in response to COVID-19 that in any way will or might conflict with any of the provisions of Executive Order Nos. 103-133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183, Nos. 186-187 and Nos. 189-194 (2020)... is hereby invalidated unless otherwise expressly permitted.\u0022 Para. 3: \u0022Notwithstanding Paragraphs 1 and 2, municipalities and counties are permitted under this Order to impose additional restrictions, in response to COVID-19, on the hours of operation of non-essential retail businesses... and food and beverage establishments... personal care service businesses... and recreation and entertainment businesses... Provided, however, that the limitations authorized by this paragraph cannot restrict the hours of operation of such businesses between 5:00 a.m. and 8:00 p.m. While municipalities and counties can restrict hours of operation for the aforementioned businesses between the hours of 8:00 p.m. and 5:00 a.m., they cannot prevent dining establishments from arranging for the pickup or delivery of goods\u0022.","enforcement":"Para. 4: N.J.S.A. App. A:9-49 and -50","functions":["SF/DR/SL/FC evening hours subject to local curfews (Nov. 12, 2020 - May 28, 2021)","fixes the preemption regime for the winter"],"notes":"The only window in which New Jersey municipalities (Newark, Paterson, Hoboken and others) could lawfully impose business curfews;","sourceUrl":"https://nj.gov/infobank/eo/056murphy/pdf/EO-195.pdf","snapshot":"","fileExists":true,"fileBytes":116757,"grade":"primary","character":"","description":"","collection":"NJ","url":"/library/NJ-038","exhibitUrl":"/exhibit/NJ-038","citation":"Governor Philip D. Murphy, Executive Order No. 195 (2020) (Nov. 12, 2020) (Ex. NJ-038)","stateName":"New Jersey","related":["NJ-037","NJ-039","NJ-036","NJ-040","NJ-059","NJ-035","NJ-041","NJ-034","NJ-033","NJ-042"]}