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Ex. DE-003 Order Confirmed from a secondary source

Second Modification of the Declaration of a State of Emergency

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)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2020-03-18 Mar. 18, 2020
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) (read as 2020-03-18)
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Closures carried into the Fourth and Tenth Modifications; superseded by Phase 1 and Phase 2 reopening (June 1 and June 15, 2020); struck Sept. 4, 2020 (DE-031) (read as 2020-06-15)
In force
Mar. 18, 2020 to June 15, 2020
Quarters
2020 Q2
Limitation types
Business closureGathering capHealth care ordersAlcohol and barsEvents and venuesOther
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
Functions reached
  • FC/PE/AM fitness, theaters, bowling, sports and concert venues closed
  • BA alcohol take-out
  • RS/VS nursing-home precautions
  • TM telemedicine rules
Collection
Delaware DE

Operative words

Recital in the Fifth Modification: the Second Modification was issued 'to 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' (Ex. DE-006 at 1). Governor's release of Mar. 18, 2020: 'allows 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' (news.delaware.gov, Mar. 18, 2020).

Enforcement

20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

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).

Retrieval note

Scanned image; contents from the Governor's recitals (DE-006 at 1-2; DE-031 at 2) and the Governor's Mar. 18, 2020 release (read; not saved). Governor's copy also at governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Second-Modification-to-the-State-of-Emergency.pdf.