Nonessential retail, outdoor dining, child care, and library curbside pickup reopen Monday, June 15
SOURCE: NJ.Business.gov
Businesses That May Be Open
If your business is not a retail business, you have been allowed—and may continue—to operate, but you must let your workers work from home whenever possible. For example, professional service firms—like law firms and accounting firms—may continue to operate, but must let employees work from home. The U.S. Department of Labor has guidance on the Fair Labor Standards Act pertaining to your obligations to employees regarding telework. If you have employees that need to be on site, you must keep them to the minimum number needed for critical operations; examples of these include cashiers, store clerks, construction workers, repair workers, warehouse workers, lab researchers, custodial staff, and certain administrative staff.
"Essential" retail businesses, and also nonessential retail as of June 15, 2020, may be open to customers while following Department of Health Guidance for Retail Businesses [PDF], including limiting occupancy to 50% of store capacity, installing a physical barrier such as a shield guard where possible and wherever you cannot maintain 6 feet of social distancing, all required infection control practices, and mandating everyone in the store to wear face coverings. Indoor shopping malls remain closed, but customers are allowed in stores that have their own outdoor entrance.
Bars and restaurants are open for drive-through, delivery takeout, and also outdoor dining as of June 15, 2020, while following Department of Health Guidance for Bars and Restaurants [PDF] and Department of Health Protocols for Outdoor Dining [PDF]. Microbreweries and brewpubs may be open for home delivery only.
Child care centers may be open to all clients as of Monday, June 15, 2020. The Department of Children and Families' Child Care Safety Requirements [PDF] specify rules which centers must abide, and each child care center must submit an attestation to the Department of Children and Families no later than 24 hours prior to the anticipated opening date, or in the case of previously operating emergency child care centers, within fourteen days of the effective date of Executive Order No. 149, attesting that it will follow all applicable health and safety standards.
Libraries may offer curbside pickup as of June 15, 2020. Library buildings remain closed to patrons.
Golf courses may be open as long as they adopt policies that include: tee times at least 16 minutes apart; limiting golf carts to a single occupant; restricting players' ability to touch the flagstick, hole, and other surfaces; and requiring face coverings, sanitization, and social distancing. Four player tee-times, forecaddies, equipment rentals, and restrooms are allowed. Refer to Executive Orders 133 and 147 for all requirements.
Recreational campgrounds, both public and private, may be open. Certain other outdoor recreational areas and businesses may operate as well, within a capacity limit of 25 individuals. These include batting cages and golf ranges, shooting and archery ranges, horseback riding, private tennis clubs, and community gardens. Refer to Executive Order 147 for all requirements.
All outdoor recreational and entertainment businesses may be open, with the exception of amusement parks, water parks, and arcades.
Horse-racing can take place. Fans will not be allowed into racetrack grandstands.
Gatherings of vehicles, such as drive-in movies or religious services, are allowed, so long as all participants remain in their vehicle, all vehicles remain closed (unless the vehicles are at least 6 feet apart), organizers wear face coverings and all appropriate protective equipment, and contactless payment is offered.
Chartered-boat services, including fishing and watercraft rentals, may operate.
Transportation Carriers must comply with restrictions in Executive Order 125, which include, but aren't limited to, cutting capacity on all trains, buses, light rail vehicles, and paratransit vehicles to 50% of maximum, allowing back door entry where possible, infection control practices, and requiring face coverings.
If your business falls into one of the blanket exemption categories, you may operate; these businesses include:
Health care or medical service providers;
Essential services for low-income residents, including food banks;
The media;
Law enforcement;
Federal government operations, or the movement of federal officials in their official capacity.
Construction projects, including nonessential construction, may operate; construction projects must follow required mitigation protocols.
Businesses That Must Be Closed
All personal care businesses that by their very nature result in noncompliance with social distancing must be closed to the public. These include:
Hair salons and Barbershops;
Spas;
Nail and eyelash salons;
Tattoo parlors;
Massage parlors;
Tanning salons; and
Public and private social clubs.
Personal care businesses will be able to reopen Monday, June 22, 2020. These include: beauty salons; barber shops; cosmetology shops; day spas (but not saunas, steam rooms, or shared bathing facilities) and medical spas which solely perform elective and cosmetic medical procedures; electrology facilities; hair braiding shops; massage parlors; nail salons; tanning salons; and tattoo parlors. Licensed businesses must abide by the Division of Consumer Affairs' comprehensive safety standards for Cosmetology, Massage, and Bodywork licensees [PDF], including providing services by appointment only, prescreening and temperature checks of clients and staff, and staff-client pairs remaining at least 6 feet apart unless separated by physical barriers. Tattoo and tanning facilities must follow Department of Health standards for tanning and body art establishments [PDF]. Everyone in a personal care business must wear a face covering at all times, unless receiving a service that requires removing it, in which case staff must not only wear a mask but also a face shield, goggles, or table shield.
Municipal and private-club swimming pools will be able to reopen on Monday, June 22. Department of Health Pool Standards [PDF] must be followed, which include but are not limited to: reduced capacity, social distancing in and out of the water, staff fever screening, and maintaining a patron sign-in sheet. Prior to June 22, pool facilities may open for the purpose of lifeguard training and lifeguard swimming lessons. Summer camps will be able to use their pools when they reopen on July 6.
Organized sports activities will be able to restart June 22, 2020. Activities will be limited to sports activities conducted outside, and there can be no contact drills or activities. Department of Health guidance necessary will be forthcoming.
Youth day camps will be able to resume on July 6, 2020, including municipal summer recreation programs, only if they comply with required youth camp COVID-19 standards and they submit an attestation at least 24 hours prior to opening; see the Department of Health's Youth Camps page for all guidelines and forms. Residential and overnight camps are prohibited from operating.
Other recreational and entertainment businesses must be closed; these types of businesses include:
Casino gaming floors, including sports wagering lounges and concert/entertainment venues;
Gyms and fitness centers, including classes;
Entertainment centers, including movie theaters, performing arts centers, concert venues, and nightclubs;
Indoor parts of shopping malls. Restaurants and other stores in shopping malls that have their own external entrances may continue offering food delivery and/or take-out services;
All indoor places of public amusement, including locations with amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions. Outdoor amusement parks, water parks, and arcades remain closed as well.
Other Information
Gatherings of individuals, such as parties, celebrations, or other social events, are allowed at limited capacities and also subject to all other current business closures and restrictions. Indoor gatherings are permitted at 25% of a building's capacity or 50 persons, whichever is lower; attendees at indoor gatherings must wear face coverings and stay 6 feet apart. Outdoor gatherings are limited to 100 persons, with an exception allowing more than 100 persons for First Amendment-protected outdoor activity, including political protests or outdoor religious services. (The CDC defines gatherings to include conferences, large meetings, parties, festivals, events, weddings, and other types of assemblies.)
Manufacturing, industrial, logistics, ports, shipping, food production, food delivery, and other commercial operations may continue to operate, but must limit staff on site and adopt social distancing policies and protocols.
Marine terminals in the Port of New York and New Jersey are open and fully operational. For additional information and updates, please check the Port of NY & NJ website as well as register for Port e-alerts, log into the Port Truck Pass portal, or subscribe to the Breaking Waves newsletter.
Medical facilities may continue to operate. Medical facilities include any facility where a sick or injured person is given care or treatment, such as: doctor’s offices, hospitals, dentist offices, long-term care facilities, and other medical offices.
Governor Murphy also signed Executive Order 108, which invalidates any county or municipal restrictions that conflict with Executive Order 107. The only exceptions are: 1) short-term rentals and online marketplaces offering lodging; 2) municipal or county parks; 3) beaches and boardwalks.
If you believe your retail business is unique and should be considered an "essential business," you may be inquire with the Business.NJ.gov team (via the chat feature in the corner of this page) about submitting your business to the State Director of Emergency Management. You still need to close your business until you are told you have been deemed essential. If your business falls into a category already exempted, or you are not a retail business, you do not need an exemption and should not pursue this option.
If any nonessential business continues to operate when it should be closed, you can report it at covid19.nj.gov/violation.
If any business is not following social distancing guidelines, you can use the above form or report the business by contacting your Local Health Department, which you can identify with the Find Your Local Health Department tool.
Updated: June 15, 2020 Source: Executive Order Nos. 107, 108, 110, 133, 142, 147, 149, 150, 152, 153, 154; Administrative Orders 2020-5, 2020-6, 2020-8, 2020-10, 2020-13; April 18 Press Release on Marinas and Boatyards
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