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Division of Small Business

Delaware’s Recovery





The State of Delaware is currently in Phase 2 of it’s Rolling Reopening – click here for more information. The following guidance was for Phase 1 which ended on June 14 2020.

 

Outdoor Expanded Seating Application

 

Current Guidance

 

Over the past few weeks, Governor Carney, Lieutenant Governor Bethany Hall-Long and the Division of Small Business have engaged the business community and Delawareans statewide to assist in developing plans for Delaware’s economic recovery.

Virtual town hall meetings and a feedback form at de.gov/economy gave the public the opportunity to provide ideas and comments that informed Delaware’s reopening effort.

That feedback, along with the work of sector-specific task forces, led to the guidance below.

 

Three types of guidance

 

General Guidance

This is guidance that applies to individuals regardless of where they are going and businesses regardless of what industry they are in.

Industry-Specific Guidance

This is guidance that applies to businesses within particular industries. It should be followed closely by all relevant businesses and customers at those businesses.

Individual Business Guidance

Guidance specific businesses may need on a case-by-case basis is not covered below. Contact the Division of Small Business directly for assistance. 

 

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General Guidance

 

This guidance applies to all individuals and businesses. Strict social distancing must be observed, and great care must still be paid to limit the spread of the virus in order to prevent future outbreaks. Infection rates, while slowing, remain high.

 

Testing Guidance for Businesses

 

If your business’s industry is not named in the industry-specific guidance or the list of businesses not permitted to open, it may open under these general guidelines.

 

Guidance for tattoo parlors, nail salons and message therapy below takes effect on June 8, 2020. At this time commercial lodging may also open spas under the same guidance. Private instruction guidance also takes effect on June 8. All of these industries may not operate until that time.

 

On June 2 Gov. Carney announced plans for the next reopening phase for the state’s economy. These changes are scheduled to take effect on June 15, 2020. Use the dropdown to see all the differences between the current and next phase.

 

 

  • Cloth face coverings must be worn in accordance with the State of Emergency Order.
  • Individuals must regularly wash their hands according to Division of Public Health guidance, and must stay home when sick.
  • At all times, individuals who are not part of a household should maximize physical distance from others and remain 6 feet apart.
  • All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas, shopping areas), should maximize physical distance from others. Social settings of more than 10 people, where appropriate distancing may not be practical, must be avoided (e.g. receptions, trade shows).
  • The number of individuals in a particular location will be strictly controlled in order to make sure that safe social distancing is maintained. Some of these limits are addressed for individual industries in the industry guidance, but where it is not otherwise stated, the upper limit is 30% of fire code occupancy (excluding staff).
  • In the interest of preserving public health, leisure travel should be avoided, but may resume as long as this general guidance is strictly adhered to by all commercial lodging facilities.
  • VULNERABLE INDIVIDUALS should continue to shelter in place. Members of households with vulnerable residents should be aware by returning to work or other environments where distancing is not practical, they could carry the virus home. They should take precautions to isolate from vulnerable residents.
  • Employers should close COMMON AREAS where personnel are likely to congregate or enforce strict social distancing protocols.
  • Employees and customers have a responsibility to self-quarantine if they have a reason to expect that they may be ill or may have come into contact with COVID-19.
  • Employees who are symptomatic must not physically return to work until cleared by DPH or their medical provider.
  • Employers are encouraged to continue to have staff work from home whenever possible.
  • Employees who have been working from home throughout this crisis should continue working from home unless there is a substantive change to business operations (e.g. a business was closed, but now it’s open).
  • All surfaces touched by customers, including doors, restrooms, and point of sale infrastructure must be disinfected using an EPA-approved disinfectant every 15 minutes to 2 hours.
  • All employees required to go to work should perform a daily health check as prescribed by the Division of Public Health.
  • All employees should wash hands regularly with soap and water throughout the work day, and in particular after any time they come into contact with a customer. Employees must also social distance from each other while working. This can be accomplished through spacing or moving workstations, staggering shifts or other means.
  • Downtime should be given between shifts and after closing for thorough cleanings of an establishment at a minimum after each day.
  • Employers should post signs on how to stop the spread of COVID-19, wash hands, and properly wear a cloth face covering.

 

Industry-Specific Guidance

 

Certain areas of the Delaware economy where risk of transmission may be high due to number of people, distance or other factors have specific guidance. Broadly, this refers to areas like public entertainment, dining, retail, personal care services, and other consumer facing segments. Governor Carney appointed several Sector Captains to work with both industry leaders and public health officials to develop this guidance. Any business unsure if it falls into one of these industries, should email covid19faq@delaware.gov.

 

 

This guidance is for providers of food or drink, such as restaurants, breweries that provide table service, taverns, and bars that provide table service, in addition to the general guidance that applies to all businesses:

  • Staff and customers must follow the general guidance on the wearing of cloth face coverings at all times, except for customers seated at a table to eat or drink, who may remove the cloth face covering while seated at the table in order to do so.
  • Tables and booths must be arranged in a way that ensures seated customers at one table are at least six feet apart from seated customers at another table. For booths, this typically will mean seating customers at every other booth. For freestanding tables (with pull out chairs), there should be eight feet apart to ensure that a seated guest is six feet from seated guests at other tables. Inside and outside seating must both comply with these standards. Tables must be disinfected in between each party.
  • Only members of the same household unit may be seated at a table, and guests must all have seats, be seated, and remain seated unless going to the restroom. Orders must be placed from the table, and both food and drink must be delivered to the table by the staff of the facility, a guest should not leave the table to retrieve food or drink.
  • Diners must have a reservation in order to sit down in a facility (takeout can still continue under previous guidelines, but should be done without those ordering entering the dining facility when picking up order). Signage must be posted to remind people not to enter restaurant without a reservation and provide a number to call from their car in order to place a reservation.
  • The total number of guests within a facility shall at no time exceed 30% of the fire code occupancy.
  • Guests should be provided with single use, paper, disposable menus. All condiments (salt, pepper, ketchup, mustard, mayo, sugar, etc.) must be provided directly to diners in single-use disposable containers or re-usable containers that are cleaned between each party.
  • Cups, lids, napkins, and straws must be delivered to the table after the party has been seated.
  • Proper precautions must be taken when handling ready-to-eat foods. Variances or other allowances for bare hand contact are void until these restrictions are lifted.
  • Self-service food and buffet options may not reopen.
  • Bar service and seating at a bar may not reopen. The bar of a restaurant may open to prepare drinks to be brought to diners at their tables.
  • Any to-go boxes for food guests bring home after dining must be protected from possible contamination.
  • Every restaurant is expected to have its own reopening plan and must follow DPH guidance.
  • Customers should be guided to seats by staff to control traffic in, out, and through restaurant to ensure that safe social distancing is maintained as much as possible. If guiding to a table is not practical or safe, restaurant should provide clear signage and instructions to control the flow of traffic through the facility.
  • No activities, outside of those guests engage in while seated at a table, may take place, and any common areas where people would typically stand must be off limits if not otherwise occupied by tables with  seated guests. This includes dance floors, arcade/bar game areas, pool tables, and similar spaces.

This guidance is for businesses primarily engaged in retail services with the general public. This includes, but is not limited to, grocery, pharmacies, clothing, shoe, jewelry, sporting goods, books, florists, and department stores. In addition to the general guidance, the industry specific guidance for this sector falls into two categories:

  1. Guidance for interactions between employees and other employees or vendors, and
  2. Guidance for interactions between employees and customers

Employees

  • Close common areas such as break rooms, cafeterias.
  • Prohibit gatherings or meetings of 10 or more during work hours.
  • Employees should be permitted to take breaks or lunch outside, in their office or personal workspace, or other areas where proper social distancing is possible.
  • Restrict interactions between employees and outside visitors or delivery drivers; implement touchless receiving practices if possible.
  • Adjust training/on-boarding practices to limit number of people involved and allow appropriate spacing. The use of video and audio training is encouraged.
  • Discourage the use of shared phones, desks, workstations, radios, wearable technology. If these are unavoidable, they must be cleaned after each use.
  • Install physical barriers, such as sneeze guards and partitions, and change layout of work spaces to ensure all individuals remain at least 6 feet apart

Customer Control

  • Stores may permit entrance up to 30% of their fire code occupancy. The responsibility of strictly enforcing this lies with the store owner/manager.
  • Signage required at entrances and high traffic areas alerting staff and customers of occupancy limits, physical distancing requirements, and face covering policy.
  • Retailers, especially essential businesses, are encouraged to establish specific hours for high-risk populations.
  • Mark six feet of spacing in check-out lines. Ensure six feet of space between cashiers.

Commercial lodging includes any facility where a customer may book an overnight stay or longer for a variety of purposes. This includes a hotel, a short-term rental, campground, or similar rental facility. The following is guidance for this industry beyond the general guidance:

  • Hotels should follow the 30% fire code occupancy restrictions (excluding staff) in all common areas (lobby, food and drink, gyms, etc). This does not include guests within rooms.
  • Short term rental facilities do not need to follow 30% occupancy limits.
  • Any guest rooms in a commercial lodging facility should be disinfected between uses by individual guests with an EPA-approved disinfectant.
  • All common areas within a commercial lodging facility should be cleaned every 15 minutes to 2 hours using an EPA-approved disinfectant.
  • Food and drink activities on the premise of a commercial lodging facility should follow the industry guidance for food and drink establishments.
  • Exercise facilities on the premise of a commercial lodging facility should follow the industry guidance for exercise establishments.
  • Campgrounds should space out tent plots and/or recreational vehicle parking spaces so that individual groups of campers maintain social distancing from other groups when within their spaces.
  • Any outdoor concessions offered at a commercial lodging facility should ensure that all individuals are socially distanced when placing or receiving a food or drink order, and any outdoor dining spaces should follow the food and drink guidance.

The Arts and Culture industry is comprised of several different types of businesses: performing arts; museums, galleries, libraries, historical attractions and arts education institutions. This specific guidance for this industry goes beyond the general guidance that applies to all businesses:

Workplace Activity:

  • Adjusted workplace hours and shifts (if working in-person, leverage A/B teams or staggered arrival/departure) to minimize contact across employees and reduce congestion at entry points; close contacts of infected individuals should telework until safe per DPH guidance.
  • Limit visitors and service providers on site; shipping and deliveries completed in designated areas

Gathering/Audience Size:

  • In-person operation of this industry is allowable under strict social-distancing restrictions, increased cleaning regimen.

Physical Distancing:

  • Patrons, volunteers, and staff must wear cloth face coverings in accordance with the State of Emergency Order.
  • Timed tickets are recommended. Reservations and ticketing services should be made online/phone with no cash or paper tickets exchanged to the greatest extent possible. Install physical barriers at ticket booths, such as sneeze guards and partitions, and change layout of workspaces to reduce employees’ exposure to guests. Contactless payment merchandise should be maximized; disinfect between transactions and comply with other retail recommendations.
  • Provide electronic playbills, maps, or information in place of paper.
  • Tours must be self-guided and must include a specific start time and duration of visit.
  • No-touch entry (e.g. prop doors open or assign staff or volunteer to hold doors open for patrons) should be maximized.
  • Audience queues must maintain a 6 feet distance between individual household units.
  • For indoor venues, limit up to 30% capacity while ensuring 6 feet radius around individual household units. For fixed seating venues, only 30% of patron seating may be occupied and there must be a 6 feet radius around individual household units. Patrons must exit their seats in an orderly, row by row fashion as directed by venue staff.
  • Maintain signage and markings to remind and help individuals stand at least 6 feet apart when in common areas, walkways, or while visiting exhibits.
  • Limit the number of people in a confined area to enable adequate distancing at all times. Bag or coat checks are not permitted.
  • Shuttle services limited only to guests with physical disabilities.

Other:

  • Food establishments within these facilities may use existing table area footprint, with tables appropriately distanced per food and drink establishment guidance, but must comply with category limits on capacity.
  • Concessions selling only pre-packaged food must ensure social distancing in lines, use contactless transaction or deliver food directly to seated customers.
  • Institutions with an education or fellowship or similar component may not reopen for students, but may reopen.
  • Locations offering research fellowships and library functions shall follow Division of Libraries guidelines. Fellows may reserve times to access facilities for research.

 

This guidance is for shopping malls. Shopping malls are a collection of stores that are all contained within a building, contains interior walkways, and common spaces between stores that consumers pass through as they move from store to store. This does not include facilities that have a collection of stores but have no interior common area. Those strip malls should advise stores to follow individual guidance that may apply to their individual store. In addition to the general guidance, shopping malls should follow this guidance:

  • All food and drink facilities on the premises of a shopping mall must follow the guidelines for the food and drink industry.
  • All retail shops on the premises of a shopping mall must follow guidelines for the retail industry. All consumer services on the premises of a shopping mall must follow the guidelines for those services.
  • The total number of people within a mall at any one time may not exceed 30% of fire code occupancy.

This guidance is for barber shops, hair/nail/tanning salons, tattoo parlors and massage therapy  that may resume business under the following conditions (applies to nail salons, tattoo parlors and massage therapy starting June 8). In addition to the general guidance, they must follow:

  • Stations should only be open on a staggered basis – every other station can operate at any time with a customer. There must be at least six feet of distance in all directions between the station and other stations (this may at times require the closing of more than one station).
  • At no time may a salon exceed 30% of their fire code occupancy. The responsibility of strictly enforcing this lies with the store owner/manager.
  • Services must be provided by appointment only and appointments must be scheduled with a minimum of fifteen (15) minutes between appointments for proper cleaning of all equipment and client contact surfaces.
  • Entrance doors must include signage that walk-ins are not permitted. Clients waiting for appointments must wait in their car or outside the store.
  • Limited contact during check-ins and payment is strongly recommended: Limit cash transactions, encourage customers to use credit, debit, or other contact-less forms of payment. Cash registers and pin pads must be sanitized after each use.
  • Proper safety procedures and cloth face coverings must be used by staff and customers at all times as set forth in the State of Emergency Orders.
  • Social distancing requirements of 6 feet should be maintained when feasible.
  • Magazines or other materials may not be provided by the salon or shared among customers.

This guidance is for gyms and similar establishments (including those that must submit reopening plans) that may resume business under the following conditions. In addition to the general guidance, they must follow:

  • Facilities may allow entry up to 30% of their fire code capacity. The responsibility of strictly enforcing this lies with the store owner/manager.
  • Customers and staff must wear cloth face coverings in accordance with the State of Emergency Orders.
  • Limited contact during check-ins and payment is strongly recommended: Limit cash transactions, encourage customers to use credit, debit, or other contact-less forms of payment. Cash registers and pin pads must be sanitized after each use.
  • Stagger or spread exercise equipment to maintain a distance of at least six feet.
  • Classes are allowed, but must be within current social gathering limits and all participants must remain at least six feet apart at all times. Class area, including floor and any shared equipment, must be cleaned prior to next class entering space. Swim lessons and swim team practices/meets are not permitted. Aquatic exercise classes are permitted as long as proper social distancing is practiced and shared equipment is disinfected after each use. Pools must operate in accordance with the Delaware Division of Public Health (“DPH”) guidance regarding COVID-19 pool operations found here.
  • Customers should bring their own workout/yoga mats. If gym provides a shared mat, weights, bands, balls, or other workout equipment, they cannot be used by another customer until they have been thoroughly cleaned and disinfected. Use of this shared equipment is discouraged.
  • Employees should regularly clean all equipment, and customers must wipe down equipment after each use. This includes free weights.
  • Customers should bring their own drinks. Water bottle refill stations can be used, but must be cleaned regularly by staff. Use of shared water fountains is discouraged.
  • Showers/locker rooms must be cleaned and disinfected at the beginning or end of service day, and at least once in the middle of the open hours. Customers should bring their own towels.
  • Facilities that have historically functioned more as indoor or outdoor sporting venues (large collections of fields, courts, etc.) may open only under these guidelines, and must not permit any spectators, except for parents or guardians of the individuals participating in the activity. At no time may participants in any fitness activity come into contact with one another.

Realty includes the selling and long-term renting of houses, apartments, condominiums, store fronts, office spaces, and similar residential and commercial properties.

  • Can resume open houses, no more than 10 people inside house at once (including realtors and staff), all individuals must wear face coverings and be distanced by 6 feet, and selling party must ensure the interior of the property is properly disinfected after each open house.

This guidance applies to any establishment holding a gaming and table gaming licenses (licensees), and applies beyond the general guidance:

  • All licensees must create a facility specific plan to limit the spread of COVID-19, and must submit the plan to State Lottery seven days prior to any reopening. Plans should be continuously reviewed and executed to ensure the health and safety of licensee guests and employees. The State Lottery will provide updates to this policy as circumstances surrounding the health crisis evolve.
  • Such plan must cover all requirements set forth here, both in the general guidance and industry specific guidance, and must also cover any requirement adopted by State Lottery.
  • Prior to reopening, each licensee shall clean and disinfect all of its hard and soft surfaces in accordance with the guidelines published by the CDC.
  • Each licensee must ensure employees are adequately trained on proper procedures and policies for cleaning and preventing the spread of COVID-19.
  • Each licensee must provide proper signage as required by State Lottery for both employees and guests throughout the facility.
  • At no time shall the facility of a licensee be filled beyond 30% of its fire code occupancy.
  • Any individual gaming machines must be kept at least eight feet apart, and must be disinfected every 15 minutes to 2 hours.
  • Any gaming area (sportsbook, tables) with multiple guests needs to be arranged in a way to ensure that guests are properly socially distanced at all times.
  • Employees should be assigned to ensure guests do not congregate in groups.
  • Plans must ensure that patrons do not congregate in groups and practice proper distancing in these areas. Plans must address how the race & sportsbook, and any other gaming area will be cleaned and disinfected on a frequent basis.
  • All food and drink facilities on the premises of a licensee must follow the guidelines for the food and drink industry.
  • All lodging facilities on the premises of a licensee must follow the State of Emergency Order and restrictions on the commercial lodging industry.
  • All retail shops on the premises of a licensee must follow guidelines for the retail industry.

Racetracks Racetracks are any facility in the state licensed for the racing of horses or other animals. Racetracks may not open for automobile racing.

  • No fans are permitted to attend races.
  • All race staff and any ancillary employees (camera crew, media, etc.) must be properly socially distanced at all times.
  • All operators of a racetrack racing horses or other animals must create a facility specific plan to limit the spread of COVID-19 and must submit the plan to the Department of Agriculture seven days prior to any reopening. Plans must be reviewed and approved by the Department of Agriculture and the Division of Public Health.
  • All operators of an automobile racing facility may open for practices following this guidance. Competitive raving without fans may also be permitted following approval of a plan submitted to the Division of Small Business via email at covid19faq@delaware.gov.

Parks and recreation facilities include any public or private park and any outdoor recreational facility such as a zoo, miniature golf course, or batting cage and other similar activities not explicitly closed by the industry guidance below. This industry guidance applies beyond the general guidance:

  • Remain open, or re-open if closed, with modifications to ensure visitors can maintain social distancing at all times. Consider closing or closely monitor facilities and areas where social distancing cannot be maintained (e.g., basketball courts, playgrounds).
  • Continue canceling and postponing events and gatherings.
  • Businesses must make hand sanitizer or hand-washing stations readily available for all employees and customers.
  • Businesses must properly disinfect any equipment necessary to perform the recreational activity between customers and maximize contactless payment.
  • Businesses must ensure social distancing of at least six (6) feet between waiting customers.

Employees of essential and/or reopened businesses who cannot work from home and do not have alternate care options may utilize child care. Child care should only be used when absolutely necessary.

  • Child care facilities must be designated as an Emergency Child Care Site (ECCS) to be operating.
  • Any licensed child care facility that was previously closed that wishes to reopen as an ECCS may do so if they can satisfy these requirements.
  • Child care centers and homes will continue to receive enhanced reimbursement. You can apply for enhanced reimbursement here.

Youth sports and other types of physical activity for children may resume provided that participants can social distance at all times during activities (i.e., no contact between participants and/or coaches) and no competitions held.

  • Swim and gymnastics teams may meet for dry conditioning, training and other activities that can be accomplished safely while social distancing. Swim team practices and meets are not permitted.
  • Group classes are limited to 10 participants per group, and multiple groups may run per session so long as social distancing can be maintained.
  • Participants should bring their own drinks. Water bottle refill stations can be used, but must be cleaned regularly by staff. Use of shared water fountains is discouraged.
  • Program coordinator should make hand sanitizer or handwashing stations readily available for all employees and participants.
  • Coaches and staff must wear cloth face coverings in accordance with the State of Emergency Order.

For guidelines on baseball and softball that take effect on June 15, 2020, click here.

Private instruction covers a wide variety of classroom based or similar instruction that is not in a traditional K-12 or post-secondary environment. This includes tutoring services, testing centers, adult education, or specific vocational training facilities (outside of traditional K-12 structures). It is permitted starting on June 8, 2020. The following guidance applies to this industry beyond the general guidance:

  • 8 ft spacing between seats at tables when people are being trained.
  • Desks for students need to be six feet apart from one another.
  • The mask guidance outlined in the general guidance applies to all classroom instruction.
  • Class size must be under 10.
  • Equipment should be brought by the student themselves, if it is provided by the instructor or facility it should be disinfected between any uses by individual students.

Businesses that have been permitted to remain open during the State of Emergency under special requirements, such as golf courses, marinas, outdoor tennis facilities, child care facilities designated as Emergency Childcare Sites by the Eighth Modification of the COVID-19 State of Emergency, commercial lodging for essential guests, and shooting ranges, may remain open under those same requirements.

 

The following industries are not permitted to open currently:

  • School-based instruction. Summer camps.
  • Close contact personal services (until June 8, 2020)
  • Convention centers and meeting facilities.
  • Sporting facilities and venues (professional and amateur), including but not limited to arcades, bowling alleys, indoor skating rinks (ice and non-ice), martial arts studios, dance studios, indoor tennis and similar indoor athletic facilities, unless they can create a facility specific plan to observe the industry guidance provided herein for exercise facilities. Plans should be emailed to covid19faq@delaware.gov.
  • Indoor children’s play areas, including softscape or hardscape playground facilities, trampoline parks, and children’s museums.
  • Water parks.

 

 

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