Seyfarth Synopsis: In response to increasing COVID-19 cases in Massachusetts, Governor Charlie Baker issued COVID-19 Order No. 59, which will impose temporary capacity limitations on businesses and gatherings. The new Order takes effect on December 26, 2020 and will continue until noon on January 10, 2021, unless further extended.
On Tuesday, December 22, 2020, Governor Baker issued COVID-19 Order No. 59 in response to increasing COVID-19 infections and hospitalizations. The new Order (available here) imposes new temporary capacity limitations on businesses. In general, all businesses that have been permitted to re-open under the Commonwealth’s reopening plan are required to reduce occupancy to 25% of their maximum permitted occupancy, subject to some sector-specific rules:
For restaurants, retailers and close contact personal services, the 25% limitation only applies to customers. Workers are not included in the calculation.
In addition to the 25% capacity limit, movie theaters are subject to a further limit of a maximum of 50 people.
For hotels and lodgings, the 25% capacity limitation only applies to common areas.
Businesses previously identified as COVID-19 Essential Services may be exempt from the requirements of Order No. 59 where strict compliance may interfere with the continued delivery of essential services.
In addition, all indoor gatherings are limited to a maximum of 10 people, while outdoor gatherings are limited to a maximum of 25 people.
This new Order takes effect on December 26, 2020 and will remain effective until noon on January 10, 2021, unless extended further.
Please contact any of the authors if you have any questions.