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Ex. NJ-004 Order Primary source read

New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021)

Stay at home; closure of non-essential retail and of recreational and entertainment businesses; cancellation of gatherings; dine-in ban; mandatory telework accommodation; school closures

Governor Philip D. Murphy · New Jersey (State)

The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
N.J.S.A. App. A:9-33 et seq.; N.J.S.A. 26:13-1 et seq.; EO 103
Issued
2020-03-21 Mar. 21, 2020
Effective
2020-03-21 at 9:00 p.m. (para. 26), "until revoked or modified by the Governor" (read as 2020-03-21)
End
Para. 2 (stay home) rescinded June 9, 2020 (EO 153 para. 11); para. 5 (gatherings cancelled) replaced by numerical rules from EO 142 (May 13, 2020) and EO 148 (May 22, 2020); para. 6 (non-essential retail closed) relaxed to curbside 6:00 a.m. May 18, 2020 (EO 142 para. 9) and lifted 6:00 a.m. June 15, 2020 (EO 150 para. 8); para. 8 (dine-in ban) lifted for outdoor service June 15, 2020 (EO 150) and for indoor service Sept. 4, 2020 (EO 183); para. 9 (recreational and entertainment closures) lifted in stages June 22 and July 2, 2020 (EOs 153, 154, 157), Sept. 1, 2020 (EO 181) and Sept. 4, 2020 (EO 183); paras. 10-11 (telework accommodation; minimal on-site staff) rescinded 6:00 a.m. June 4, 2021 (EO 243 para. 1); paras. 12-13 (schools; higher education) superseded by EO 155 (July 1, 2020) and EO 175 (Aug. 13, 2020) (read as 2020-06-09)
In force
Mar. 21, 2020 to June 9, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Stay-at-homeBusiness closureTelework mandateGathering capSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Addressees
  • all New Jersey residents
  • all non-essential retail businesses
  • all recreational and entertainment businesses (including malls, casinos, gyms, theaters, salons, barbers, spas, social clubs)
  • all restaurants, bars and liquor licensees
  • all businesses or non-profits in the State, whether closed or open to the public
  • schools and institutions of higher education
Functions reached
  • CB customer base confined to home (STAY)
  • SF sales floor closed (non-essential retail)
  • DR/BA dining rooms and bars closed to on-premises service
  • SL salons, barbers, spas closed
  • FC/PE/AM gyms, theaters, casinos, amusements, malls closed
  • OF/OP offices under mandatory telework accommodation and minimal on-site staffing
  • GATH/MK/EV all gatherings cancelled
  • WF workforce (schools closed; child care limited by EO 110)
  • SR showrooms closed (dealers limited to service and repair)
Collection
New Jersey NJ

Operative words

Para. 2: "All New Jersey residents shall remain home or at their place of residence unless they are 1) obtaining goods or services from essential retail businesses... 2) obtaining takeout food or beverages... 3) seeking medical attention, essential social services, or assistance from law enforcement or emergency services; 4) visiting family or other individuals with whom the resident has a close personal relationship... 5) reporting to, or performing, their job; 6) walking, running... 7) leaving the home for an educational, religious, or political reason; 8) leaving because of a reasonable fear for his or her health or safety; or 9) leaving at the direction of law enforcement or other government agency." Para. 5: "Gatherings of individuals, such as parties, celebrations, or other social events, are cancelled, unless otherwise authorized by any part of this Order." Para. 6: "The brick-and-mortar premises of all non-essential retail businesses must close to the public as long as this Order remains in effect." [fifteen essential retail categories listed at 6(a)-(o), including "m. Car dealerships, but only to provide auto maintenance and repair services, and auto mechanics"] Para. 8: "All restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, all bars... are permitted to operate their normal business hours, but are limited to offering only food delivery and/or take-out services... The on-premises consumption of alcohol is prohibited." Para. 9: "All recreational and entertainment businesses, including but not limited to the following list, must close to the public as long as this Order remains in effect" [casinos, racetracks, gyms, entertainment centers, "All indoor portions of retail shopping malls," places of public amusement, and "g. Facilities where personal care services are performed... including but not limited to cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas... massage parlors, tanning salons, tattoo parlors, and public and private social clubs"; libraries]. Para. 10: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements." Para. 11: "To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue." Para. 12: schools "shall remain closed to students as long as this Order remains in effect." Para. 17: "Nothing in this Order shall be construed to limit, prohibit, or restrict in any way the provision of health care or medical services to members of the public."

Enforcement

Para. 25: N.J.S.A. App. A:9-49 and -50; para. 24: duty of every person or entity doing business in the State to cooperate; EO 108 (NJ-005) invalidated conflicting county and municipal restrictions

Notes

The paradigm order: stay-home, closures, gathering cancellation and a telework mandate on every business in the State in one instrument. The telework and minimal-staffing paragraphs bound every New Jersey employer from March 21, 2020 to June 4, 2021, fourteen and a half months. Dealers: showrooms closed; service departments open (para. 6(m)).

Retrieval note

Read from nj.gov in full. Every paragraph cited above was read in the exhibit's text.