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UKS COVID-19 | Executive Order 7ZZ

On June 16, 2020, Governor Ned Lamont released Executive Order 7ZZ, which revises earlier orders concerning the rules that businesses planning to reopen during Phase 2 will have to follow.  Phase 2 reopening takes effect Wednesday, June 17th. 

As set forth previously, the following businesses are allowed to reopen in Phase 2:

  • Amusement parks
  • Hotels
  • Indoor Dining
  • Indoor museums, zoos and aquariums
  • Indoor recreation including bowling, movie theaters, etc.
  • Libraries
  • Outdoor events
  • Personal services including barber shops, nail salons, tattoo parlors, etc.
  • Sports and fitness facilities including gyms, fitness centers, pools, etc.

The June 16 order addresses the following:

  1. Hotels and other commercial lodging are permitted to reopen as permitted according to rules promulgated by the Department of Economic and Community Development.  Those rules can be found here: 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/Hotels_Lodging_C4_V1.pdf
  1. Existing Restrictions on Large Gatherings and Events have been revised pursuant to DECD Rules for Gatherings and Venues and Sector Rules for Outdoor Events. Maximum gathering size rules can be summarized as follows:

Effective June 17th 

  • Indoor private gatherings – 25 people.
  • Outdoor gatherings – 100 people.
  • Outdoor Event Venues (e.g. Amphitheaters, Race Tracks) - 25% of Fire Capacity and distancing – Consistent with Outdoor Amusement Parks.

Effective Mid-July (date subject to change)

  • Indoor private gatherings – 25 people.
  • Outdoor private gatherings – 100 people, with a one-time exception for Graduations, which may have 150 people.
  • Outdoor organized gatherings (e.g. Fireworks, Concert in Municipal Park) – 15 feet of space blanket to blanket, cap of 500 people.  (Event organizers are responsible for compliance with this guidance.)
  • Outdoor Event Venues (e.g. Amphitheaters, Race Tracks) - 25% of Fire Capacity with social distancing.

The Order further provides that a violation of these rules may be prosecuted as a public nuisance.

  1. Indoor dining is again permitted at restaurants, with a maximum occupancy of 50% of regular indoor seating capacity. Detailed rules appear in the DECD Sector Rules for Restaurants: 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/IndoorDining__C3_V1.pdf

Additionally, holders of Hotel Liquor Permits may now sell alcoholic beverages for pickup and delivery consistent with the requirements for other permit holders as set forth in the Sector Rules for Restaurants.

  1. Barbershops, hair salons, tattoo or piercing parlors and similar businesses closed by Executive Order 7G, section 4 may reopen. Similarly, gyms, sports and fitness centers and movie theaters may re-open. There is a 50% capacity limit for these businesses. The DECD Sector Guidelines for each type of business appears here: 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/Prsnl-Srvcs_C3_v1.pdf 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/Sports_FitnessCenters-_C4_V1.pdf
  1. Executive Order 7F, which closed places of public amusement, has been repealed in part, as sections 3-5 remain in effect. These businesses may reopen subject to DECD Sector Guidelines. Amusement parks are subject to a 50% capacity limit, social distancing rules and specific ride load and unload procedures: 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/Amusement_Parks_C3_V1.pdf
  1. Off-track betting facilities remain closed until July 20, 2020.

  2. General Business Rules promulgated for the Phase I reopen remain in effect, including a 50% capacity restriction, cleaning and disinfection protocols, use of facemasks and social distancing. Those rules appear here: 
    https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery/general-reopen-051920.pdf
  1. Expedited approvals and permitting for expanded outdoor dining remain in effect for the duration of the current public health and civil preparedness emergency.

  2. Finally, the Governor’s order extends, for the duration of the emergency, Order 7Q enabling remote notarial acts. Deeds, mortgages and other documents requiring witnesses and notarization may be acknowledged remotely by an attorney participating in the closing by Zoom or other electronic audio/video means. The requirement of witnesses to signatures on such documents remains suspended for the duration of the emergency. A Last Will and Testament may be executed remotely, and witnessing requirements may be satisfied remotely, but only under the supervision of an attorney in good standing.

For further information on the implications of COVID-19 on employment, or other employment related questions, please contact Christopher L. Brigham, at (203) 786-8310 or cbrigham@uks.com, Andrew Houlding at (203) 786-8315 or ahoulding@uks.com, or Valerie M. Ferdon at (860) 548-2607 or vferdon@uks.com.

For further information on the implications of COVID-19 on real estate related questions, please contact Richard D. Carella, at 860.548.2681 or rcarella@uks.com or Rod W. Farrell at (203) 784-8964 or rfarrell@uks.com.

For further information on the implications of COVID-19 on the restaurant and hospitality industry, or other restaurant and hospitality related questions, please contact John A. Acampora, at (203) 467-7337 or jacampora@uks.com, or Robert Pethick at (203) 786-8328 or rpethick@uks.com.

Updike, Kelly & Spellacy, PC would like to thank Rod W. Farrell, Esq. for his contributions to this article.

Disclaimer: The information continued in this material is not intended to be considered legal advice and should not be acted upon as such. Because of the generality of this material, the information provided may not be applicable in all situations and should not be acted upon without legal advice based on the specific factual circumstances.