On Friday at 5:00PM, North Carolina will transition into Phase 2 Governor Cooper’s three-phased plan to incrementally reopen the state’s economy.
Key Takeaways of Executive Order 141:
- The statewide stay-at-home order is lifted. However, vulnerable individuals should still stay home when possible.
- Masks or other face coverings are recommended for use in all public settings.
- Remote working/teleworking is highly recommended.
What’s Open and Operational Requirements
Restaurants:
- Dine-in service can reopen, but service is restricted to 50% capacity or no more than 12 customers per 1,000 square feet.
- Tables should be 6 feet apart, and where people are seated at bars or counters, they should be spaced at least 6 feet apart.
- It is recommended that restaurant employees wear face coverings any time they will be within 6 feet of another person.
- Restaurants must also increase disinfection during busy times, disinfect any shared surfaces between each use, and mark 6 feet of spacing at cash registers and other places where people congregate.
Salons/Barber Shops/Tattoo Parlors/ Personal Care & Grooming Establishments:
- These businesses can reopen at 50% capacity or no more than 12 customers per 1,000 square feet.
- Face coverings are required for those who work in personal care, grooming, and tattoo businesses.
- Face coverings are recommended for customers at those businesses, and any equipment that comes into contact with a customer must be disinfected between uses.
Retail Stores:
- Retail establishments must limit customers to 50% of capacity, and no more than 12 customers per 1,000 square feet. They should make visible demarcations of 6-foot intervals to allow for social distancing at checkout lines and other high-traffic areas.
What’s Closed
Bars/Nightclubs/Gyms/Indoor Fitness Facilities:
- Bars may sell beer, wine, or liquor to go.
- Breweries, wineries and distilleries are allowed to continue production.
Clarity Regarding Restaurants and Breweries:
To qualify as a restaurant, a space must have 1) a kitchen, 2) inside dining capacity for at least 36 people, and 3) sell at least 30% of its receipts as food and non-alcoholic beverages. Additionally, the establishment must be substantially engaged in the business of preparing and serving meals.
Whether a brewery can open for business is case-specific. If a brewery meets the definition of a bar as outlined by Executive Order 141, then it must remain closed. However, if a brewery meets the requirements outlined for restaurants and has a bar and production facility, they can open under EO 141’s restrictions that are in place.
If you are unclear about whether your establishment is permitted to open, you are advised to contact a legal representative.
