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Ex. DE-012 Order Primary source read

Ninth Modification of the Declaration of a State of Emergency

Ninth Modification of the Declaration of a State of Emergency (gatherings of ten or more prohibited; twenty percent occupancy and sanitation rules for businesses admitting customers)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2020-04-01 Apr. 1, 2020
Effective
2020-04-02 8:00 p.m. E.D.T. (approved Apr. 1, 2020 at 3:00 p.m.) (read as 2020-04-02)
End
Gathering prohibition and occupancy rule struck by the Twentieth Modification effective June 1, 2020 (Phase 1: indoor gatherings under ten; 30 percent) (DE-024) (read as 2020-06-01)
In force
Apr. 2, 2020 to June 1, 2020
Quarters
2020 Q2
Limitation types
Capacity limitGathering capWorkplace rules
Addressees
  • organizers and sponsors of gatherings
  • all persons
  • all businesses that permit customers onto their premises (health-care providers excepted)
Functions reached
  • GATH/MK/EV every gathering of ten or more (weddings, funerals, meetings, events) cancelled
  • SF sales floor capped at 20 percent with counting staff
  • WS worship gatherings (ten in person, confirmed by DE-013 ¶ 1.e)
  • CB customer base
Collection
Delaware DE

Operative words

¶ 1: 'Effective April 2, 2020, at 8:00 p.m. E.D.T., organizers and sponsors of gatherings of ten (10) or more people shall cancel the gatherings immediately and not reschedule them until after May 15, 2020, or the public health threat of COVID-19 has been eliminated. All persons are prohibited from gathering in groups of ten (10) or more people until after May 15, 2020... For the purposes of this Order, gatherings include but are not limited to weddings, funerals, and related activities.... gatherings of employees engaged in work at essential businesses are not prohibited by this Ninth Modification..., but remain subject to requirements for hand hygiene and social distancing.' ¶ 2: 'all businesses that permit customers onto their premises shall also comply with the following restrictions...: a. Allow no more than twenty percent (20%) of stated fire occupancy requirements in the store at a time (approximately 150 square feet per person), except that during exclusive hours for high-risk populations (including seniors), allow no more than ten percent (10%)...; b. All such businesses shall clearly mark six (6) foot spacing in checkout lines...; c. All such businesses shall discontinue self-serve foods and product sampling. d. All such businesses shall designate staff to count the number of customers entering and exiting the store and to enforce limits...; e. This paragraph shall not apply to healthcare providers.' ¶ 7: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125.

Enforcement

¶ 7 criminal offense clause; State and local law enforcement

Notes

The gathering cap governed every event venue, house of worship, funeral home and business through May 31, 2020.

Retrieval note

Read in full. ¶ 5 clarifies the Sixth Modification's insurance paragraph as 'an extension of time for the payment of premium' and delegates guidance authority to the Insurance Commissioner.