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Ex. DE-023 Order Primary source read

Nineteenth Modification of the Declaration of a State of Emergency

Nineteenth Modification of the Declaration of a State of Emergency (restaurant outdoor seating expansion; employee travel; Phase 1 Business Reopening parameters at 30 percent effective June 1)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31; 4 Del. C. §§ 524, 541 modified
Issued
2020-05-22 May 22, 2020
Effective
2020-05-22 5:00 p.m. E.D.T. (outdoor seating); 2020-06-01 8:00 a.m. E.D.T. (Phase 1 provisions) (approved May 22, 2020 at 4:00 p.m.) (read as 2020-05-22)
End
Phase 1 provisions expanded and restated by the Twentieth Modification (DE-024) and struck by Phase 2 June 15, 2020 (DE-025) (read as 2020-06-15)
In force
May 22, 2020 to June 15, 2020
Quarters
2020 Q2
Limitation types
Telework mandateCapacity limitTravel and quarantineAlcohol and barsWorkplace rules
Addressees
  • restaurants and licensed premises
  • all reopening business categories
  • individuals traveling to Delaware for work
Functions reached
  • DR dining at 30 percent from June 1; outdoor seating from May 22
  • SF retail and malls at 30 percent
  • SL salons at 30 percent
  • FC gyms at 30 percent
  • SH open houses limited
  • AM casinos at 30 percent
  • OF telework 'strongly encouraged' for in-bound workers
Collection
Delaware DE

Operative words

§ B.7 (effective June 1): 'Individuals traveling to Delaware to work for a business deemed essential or otherwise open for business but who could otherwise work from home, are strongly encouraged to work from home.' § C: 'PHASE 1 BUSINESS REOPENING: The provisions in this section are effective June 1, 2020, at 8:00 a.m. E.D.T.... maximum occupancy for an establishment means thirty percent (30%) of stated fire occupancy requirements'; § C.5.a-g: Arts and Culture, Food and Drink Establishments, Retail Establishments, Malls, 'Consumer Services. This section shall apply to barber shops and hair salons, tanning salons, and exercise facilities,' Realty (open houses limited; face coverings; distancing), and Casinos each 'may reopen provided, however, that the total number of... permitted... at any one time shall not exceed thirty percent (30%) of... stated fire occupancy requirements.' § A.2: outdoor seating plans 'may not result in total outdoor seating capacity that exceeds the indoor seating capacity that the establishment was authorized to have.'

Enforcement

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

Notes

Alcohol regulator layer: modifies 4 Del. C. §§ 524, 541 for outdoor service 'unless otherwise determined by the Office of the Delaware Alcoholic Beverage Control Commissioner.'

Retrieval note

Read (operative part).