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Ex. DE-033 Order Primary source read

Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Fourth Revision to the Twenty-Seventh Modification (winter surge restrictions Dec. 14, 2020 to Jan. 11, 2021: stay-at-home advisory; universal indoor face coverings; 30/20/40 percent capacity; indoor gatherings the lesser of 30 percent or 10; food and drink establishments closed 10:00 p.m. to 5:00 a.m.; same-household tables; group exercise capped at 10; sports paused)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2020-12-10 Dec. 10, 2020
Effective
2020-12-14 8:00 a.m. E.D.T. (issued Dec. 10, 2020 at 5:00 p.m.) (read as 2020-12-14)
End
Stated to run 'from December 14, 2020 to January 11, 2021'; closing hours lifted Jan. 8, 2021 (DE-034); advisory and mask order continued 'until further notice' (DE-034); capacity raised to 50 percent Feb. 12, 2021 (DE-058); struck May 21, 2021 (DE-037) (read as 2021-03-31)
In force
Dec. 14, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitation types
Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Addressees
  • all Delaware residents
  • all businesses and indoor spaces open to the public
  • retail (by square footage)
  • houses of worship and funeral services
  • food and drink establishments
  • exercise facilities
  • youth and amateur sports
Functions reached
  • CB customer base under stay-at-home advisory
  • DR/BA dining at 30 percent, closed 10:00 p.m.-5:00 a.m., same-household tables
  • SF retail at 30 percent (20 percent large-format; 40 percent small)
  • GATH/MK/EV indoor gatherings capped at 10
  • FC group exercise capped at 10
  • WS worship and FH funerals at 40 percent
  • SP sports paused
  • MASK universal indoors
Collection
Delaware DE

Operative words

'Sections H, I, N, and O are hereby modified, effective Monday, December 14, 2020 [at 8:00 a.m.]'. § H.8: 'Individuals aged Kindergarten and up must wear a face covering while in [any indoor setting where members of other] households [are present], irrespective of physical distance.' § N (Individual Obligations... from December 14, 2020 to January 11, 2021): '3. Beginning on Monday, December 14, 2020 and ending on January 11, 2021 unless expressly extended, Delaware residents are advised and strongly encouraged to stay home as often as possible and to only leave home to go to work or school, or for necessary needs such as seeking medical care, going to the grocery store or pharmacy, or picking up food. Individuals leaving their residence for work, school or other activities are advised and strongly encouraged to take the following steps...: a. Do not gather with anyone outside of your household, in their home or yours.... c. Individuals aged Kindergarten and up must wear a face covering while in attendance at any private indoor gathering or event with members of other households.' § N.2: indoor gatherings 'of up to the lesser of thirty percent (30%) stated fire occupancy or... ten (10)'; 'maximum occupancy for a business means... thirty percent (30%) of stated fire occupancy requirements.' Phase 2 Additional Business Restrictions, effective December 14, 2020: houses of worship and funerals 'shall not exceed forty percent (40%)'; retail under 5,000 square feet 'shall not exceed forty percent (40%)'; businesses over 100,000 square feet 'shall not exceed twenty percent (20%)'; food and drink establishments may not serve on premises 'between the hours of 10:00 p.m. and 5:00 a.m. each night. Take-out, curbside, or drive [through permitted]'; 'only customers from the same household may share a table'; 'Group exercise classes are limited to a maximum of ten (10) individuals (excluding staff)' with participants 'at least thirteen (13) feet apart.'

Enforcement

Omnibus § P.2 (force and effect of law; criminal offense); Governor's release of Dec. 10, 2020 describes enforcement as a civil fine on first violation and closure pending a DPH-approved plan on the second

Notes

The winter 2020-21 re-tightening; in force in full on Dec. 31, 2020 and Jan. 1, 2021. Governor's release: news.delaware.gov/2020/12/10/governor-carney-announces-additional-covid-19-restrictions-to-confront-winter-surge/.

Retrieval note

Read (operative lines). Strike-through/insertion format; quotations reflect inserted text, bracketed where the extraction interleaves struck text.