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Volume X, Number 221

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August 06, 2020

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Arizona Issues New COVID-19 Mitigation Requirements for Restaurants

Arizona Governor Doug Ducey has announced additional, statewide actions to contain the spread of COVID-19, including new Executive Order (EO) 2020-47 requiring restaurants with indoor seating to operate at less than 50% capacity.

Governor Ducey’s announcement to limit capacity at restaurants comes on the heels of another EO prohibiting large gatherings and pausing the operations of bars, gyms, movie theaters, waterparks, and tubing rentals as COVID-19 cases in Arizona continue to rise.

EO 2020-47 outlines new COVID-19 mitigation strategies specifically for restaurant operations. The new requirements are in addition to the Arizona Department of Health Services guidance to Arizona restaurants that accompanied EO 2020-40 (for more information, see our article, Arizona Implements Enhanced COVID-19 Mitigation Measures, Requiring Action of All Arizona Businesses).

Effective 10:00 p.m. on July 11, 2020, restaurants with indoor dining are required to:

  • Limit indoor dining to less than 50% of their permitted fire code occupant load (restaurant staff are not counted against the occupancy limit);

  • Maintain six feet of separation between parties in all directions, or erect barriers (glass or plexiglass) between tables, booths, and bar tops;

  • Close buffets, cafeteria style, and self-serve food stations; and

  • Eliminate indoor standing room where patrons could otherwise congregate.

Restaurants with indoor dining are encouraged to use reservation systems to aid in limiting capacity and avoiding congregating patrons. Outdoor dining is not limited by occupancy, but six feet of separation between parties must be maintained. Facilities with retractable roofs or garage-type windows or doors that open to the outdoors are considered indoor facilities for the purposes of EO 2020-47.

Unlike many of the earlier EOs, county health departments have the authority and responsibility to enforce the rules contained in EO 2020-47. Restaurants that fail or refuse to comply with this EO 2020-47, or any other guidance issued by the ADHS related to COVID-19, are subject to immediate closure. Local law enforcement and the Department of Liquor Licenses and Control also have authority from previous EOs to suspend business licenses.

Reopening orders contain extensive requirements creating compliance issues that can vary significantly depending on the specific state or local jurisdiction.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 195

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About this Author

Jeffrey W. Toppel, Employment Attorney,  wrongful termination, Jackson Lewis Law Firm
Principal

Jeffrey W. Toppel is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He represents employers in a wide range of employment-related disputes, including wrongful termination and discrimination claims before various state and federal governmental agencies, as well as the entire spectrum of NLRB, general labor relations and employee relations matters.

Mr. Toppel also represents parties in restrictive covenant and trade secret litigation. In addition to his litigation practice, Mr. Toppel regularly advises employers on issues that arise in the...

602-714-7044
Andrew M. Gaggin General Employment Litigation Attorney Jackson Lewis Phoenix, AZ
Associate

Andrew Gaggin is an Associate in the Phoenix, Arizona, office of Jackson Lewis P.C. He focuses his practice on the representation of management in employment and traditional labor law matters and is a member of the Collegiate and Professional Sports Practice Group. 

Mr. Gaggin represents public and private employers in all types of employment litigation and administrative proceedings, including claims of harassment, discrimination, retaliation, and wrongful termination, as well as wage and hour disputes. He has extensive litigation experience in both state and federal courts, and before government agencies including the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Michigan Department of Civil Rights, the Department of Labor, and the National Labor Relations Board. He has litigated numerous cases through trial, arbitration, and mediation, including all phases of discovery and motion practice.

Mr. Gaggin has significant experience defending against unfair labor practice charges, providing advice to employers facing union organization campaigns, and interpreting and negotiating collective bargaining agreements. He counsels employers on a wide variety of employment issues, including day-to-day management of union and non-union employees, preventive practices, internal investigations, and drafting workplace policies and restrictive covenants. Mr. Gaggin also has specific experience advising NCAA collegiate clients regarding compliance issues, investigatory matters, and developing department policies. 

Prior to joining Jackson Lewis, Mr. Gaggin developed a diverse business law practice that included complex commercial litigation, corporate transactions, insurance matters, and resolving contract disputes.  Mr. Gaggin earned an M.B.A. from the Olin School of Business at Washington University in St. Louis, in addition to his law degree from Washington University School of Law.  Mr. Gaggin also officiates collegiate and minor-professional ice hockey. 

602-714-7028