Skip to content
The COVID Project
  1. Library
  2. Massachusetts
  3. MA-040

Ex. MA-040 Order Primary source read

COVID-19 Order No. 59

Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules (Revising Restrictions Otherwise Applicable Pursuant to Orders No. 57 and 58)

Governor Charles D. Baker · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
St. 1950, c. 639, ss. 7, 8, 8A
Issued
2020-12-22 Dec. 22, 2020
Effective
2020-12-26 12:01 a.m. (read as 2020-12-26)
End
Noon January 10, 2021 by its terms; extended to noon January 24, 2021 (Order No. 60) and to 5:00 a.m. February 8, 2021 (Order No. 62); superseded by Order No. 63 (40 percent) (read as 2021-01-10)
In force
Dec. 26, 2020 to Jan. 10, 2021
Quarters
2020 Q42021 Q1
Limitation types
Business closureTelework mandateCapacity limitGathering cap
Addressees
  • gatherings; restaurants; close contact personal services; indoor and outdoor events; theaters and performance venues; casinos; office spaces; places of worship; retail businesses; driving and flight schools; golf facilities; libraries; operators of lodgings; arcades and recreation; fitness centers and health clubs; museums, cultural and historical facilities, guided tours; sectors not otherwise addressed; common areas
Functions reached
  • OF office spaces cut to 25 percent (telework compelled for the remainder)
  • SF retail 25 percent
  • DR restaurants 25 percent of seating
  • WS worship 25 percent
  • FC fitness 25 percent
  • LG lodgings 25 percent
  • SL personal services 25 percent
  • GATH 10 indoors / 25 outdoors everywhere
  • sectors not otherwise addressed 25 percent
Collection
Massachusetts MA

Operative words

Effective at 12:01 am on December 26, 2020... the State-wide capacity limitations for gatherings and events set in COVID-19 Order No. 57 and any capacity limitations set in Sector-Specific COVID-19 workplace safety rules... are hereby superseded and revised as specified for the sectors listed on the table below. [Gatherings: 10 persons indoors, 25 persons outdoors, applies to both private homes and event venues and public spaces; Restaurants: 25% of seating capacity; Close Contact Personal Services: 25%; Indoor and Outdoor Events: 10 indoors / 25 outdoors; Theaters and Performance Venues: movie theaters 25% and maximum 50 people, outdoor performance venues 25% and maximum 25 people, indoor performance venues remain closed; Casinos: 25%; Office Spaces: 25%; Places of Worship: 25%; Retail Businesses: 25%; Driving and Flight Schools: 25%; Golf Facilities: 25%; Libraries: 25%; Operators of Lodgings: 25%; Arcades and Other Indoor and Outdoor Recreation Businesses: 25%; Fitness Centers and Health Clubs: 25%; Museums / Cultural and Historical Facilities / Guided Tours: 25%; Sectors Not Otherwise Addressed: 25%; Common Areas: 25%.]... Where no licensed or permitted capacity allowance is on record and for any enclosed space within a larger facility, occupancy shall be limited to no more than 5 persons per 1,000 square feet.

Enforcement

Enforceable under Order No. 57 (gatherings) and Order No. 58 s. 2 (enterprises); 'Each person over the specified capacity limitation and each individual instance of non-compliance... may be treated as a separate violation'

Notes

The single most important winter instrument for offices, retail and worship: a statewide 25 percent occupancy ceiling from Dec. 26, 2020 to Feb. 8, 2021.

Retrieval note

Table read from the OCR of the scanned original; column alignment reconstructed from the order's layout.