Arizona, like many states, will gradually allow the reopening of businesses that were closed due to the COVID-19 pandemic.  On April 29, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-33, Returning Stronger.  On May 4, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-34, Building on COVID-19 Successes.  The purpose of these Executive Orders is to permit the reopening of certain non-essential businesses, while providing guidance related to public health and safety.

Executive Order 2020-33, Returning Stronger, allows retailers that were classified as non-essential businesses to reopen starting May 4, 2020, but they may only offer the sale of goods through delivery service, walk-up service, curbside delivery, or appointment, and these businesses are required to implement physical distancing and other COVID-19 protocols recommended by the Centers for Disease Control and Prevention (the “CDC”).  These CDC protocols can be found at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/index.html.  Starting May 8, 2020, non-essential retail businesses may conduct in-store sales.  Retailers conducting in store sales should do the following: (1) implement social distancing and sanitation measures established by the CDC, (2) follow the guidelines established for workers and employers by the United States Department of Labor Division of Occupational Safety and Health Administration (“OSHA”) https://www.osha.gov/SLTC/covid-19/controlprevention.html, and (3) implement the recommendations of the Arizona Department of Health Services (“ADHS”) for the return of retail businesses https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/infectious-disease-epidemiology/novel-coronavirus/community/return-stronger.pdf, including limiting the number of people in a physical space to protect against the spread of COVID-19.  Retailers located inside indoor shopping malls that only have an entrance through the shopping mall are still restricted to only conducting sales through delivery, curbside service, or appointment.  While there are indoor shopping malls that have reopened in other parts of the country, I am not aware of any shopping malls in Arizona that have reopened at this time.  In addition, notwithstanding the ability of retailers in Arizona to reopen under the terms of this Executive Order, such retailers are not legally required to reopen their businesses.  This Executive Order is only in effect until 11:59 p.m. on May 15, 2020, the same day that the stay at home restrictions in Arizona will be lifted (unless further extended).

Executive Order 2020-34, Building on COVID-19 Successes, is limited to the reopening of barbers, cosmetologists, and dine-in restaurants.  It provides that barbers and cosmetologists, as defined and licensed under Title 32 of the Arizona Revised Statutes, may resume business operations starting May 8, 2020, and dine-in restaurants may reopen business operations starting May 11, 2020.  These businesses are not only required to comply with the protocols and best practices to avoid COVID-19 as addressed under Executive Order 2020-33, but they are also required to take additional safety measures.  For example, barbers and cosmetologists are required to use face coverings for employees and customers, operate by appointment only, and follow the protocols of the CDC.  In addition, dine-in restaurants are required to limit the number of diners.  There is no guidance, however, on how the limitation on diners shall be implemented, except for the ADHS’ recommendation to reduce occupancy and capacity based on the size of the business location.  In effect, each restaurant owner must make this determination while keeping the other COVID-19 protocols in mind.  There is also no requirement for restaurants or their diners to wear face coverings, despite such a requirement for barbers, cosmetologists, and their clients.  Finally, this Executive Order provides that persons visiting these businesses are not deemed to be in violation of previously enacted measures to stay home unless participating in essential activities or utilizing services of essential businesses.

These measures are the first steps in getting the Arizona economy back on track.  It appears that it will be a long road back to some semblance of normalcy, but we must walk before we can run.  Only time will tell what the future holds for Arizona and our nation as we learn more about COVID-19 and the ways to effectively deal with its consequences.

For more information, contact Howard J. Weiss or a member of the Jennings Strouss Real Estate practice.

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Howard J. Weiss | Read Bio