The COVID Project
The record
- Jurisdiction
- Arizona
- Level
- State
- Authority
- Executive Order 2020-47 (July 9, 2020; Ex. AZ-024); Executive Order 2020-34 (Ex. AZ-017); Executive Order 2020-36 para. 5 (Ex. AZ-019); Executive Order 2020-43 paras. 5 and 7 (Ex. AZ-022); A.R.S. §§ 26-303, 36-787
- Issued
- 2020-07-09 July 9, 2020
- Effective
- 2020-07-11 (with EO 2020-47's occupancy limit) (read as 2020-07-11)
- End
- 2021-03-05 (EO 2021-05 lifted the occupancy limit, Ex. AZ-036); 2021-03-25 (EO 2021-06 converted the remaining requirements to recommendations, Ex. AZ-037) (read as 2021-03-05)
- In force
- July 11, 2020 to Mar. 5, 2021
- Quarters
- 2020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
- Addressees
- restaurants providing dine-in services (and, per EM 2020-02 n.1, Ex. AZ-029, all businesses operating with a liquor license)
- Character
- order operating condition
- Collection
- Standing duties: Arizona DUT-AZ
Operative words
The Department of Health Services requires the following additional steps be taken by restaurants: Maintain physical distancing, including limiting parties to no more than 10. Operate with less than 50% occupancy... Implement symptom screening for employees prior to the start of their shift. Require staff to wear masks. Require customers to wear masks when they are not seated at their table.
Penalty
'immediate enforcement action against any business that fails to follow this Executive Order or any guidance issued by the Arizona Department of Health Services relating to COVID-19... up to and including summary suspension for any license that the business holds' (EO 2020-43 para. 7, Ex. AZ-022); Department of Liquor Licenses and Control enforcement against licensees; A.R.S. § 26-317
What it required
Conditioned dine-in service on party limits, sub-50-percent occupancy, sanitation protocols, continued delivery or curbside options, pre-shift employee symptom screening and masks for staff and for customers away from their tables, while the customer-facing section stated recommendations ('the following precautions should be followed by people dining in restaurants').
Retrieval noteTwo registers in one document, recorded exactly: the customer and general-operations sections use 'should be followed' and 'should take measures' (recommendation); the ADHS section uses 'requires the following additional steps be taken by restaurants' with imperative bullets and 'Require staff' / 'Require customers' (requirement); one bullet in the ADHS section reverts to 'should sanitize customer areas after each sitting.' The legal effect of the recommendatory portions came from EO 2020-34's condition that dine-in resume only 'provided they establish and implement protocols and best practices for businesses to address COVID-19' (Ex. AZ-017) and from EO 2020-43 para. 7's enforcement of 'any guidance issued by' ADHS (Ex. AZ-022).