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Ex. AZ-029 Order Primary source read

ADHS Emergency Measure 2020-02

Slowing the Spread of COVID-19: Phased Reopening

Arizona Department of Health Services (Director Cara M. Christ) · Arizona (Sector regulator)

The COVID Project

The record

Jurisdiction
Arizona
Level
Sector regulator
Authority
A.R.S. 26-307(A); 36-136(H); 36-787(A); Declaration of Emergency; EO 2020-43; EO 2020-52
Issued
2020-08-10 Aug. 10, 2020
Effective
2020-08-10
End
Capacity limits rescinded Mar. 5, 2021 (EO 2021-05 para. 3); measure rescinded Apr. 2, 2021 (EM 2021-01) (read as 2021-03-05)
In force
Aug. 10, 2020 to Mar. 5, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureCapacity limitWorkplace rules
Addressees
  • indoor gyms and fitness clubs or centers
  • indoor movie theaters
  • water parks and tubing operators
  • bars
  • all businesses operating with a liquor license (attestation and guidelines)
Functions reached
  • FC fitness facilities
  • PE theaters
  • AM water parks
  • BA bars
  • CAP percent-occupancy limits by county
  • EMP attestation and posted guidelines
Collection
Arizona AZ

Operative words

Indoor gyms and fitness clubs or centers, indoor movie theaters, waters parks and tubing operators, and bars shall remain closed as required under Executive Order 2020-43, as extended by Executive Order 2020-52, and as may be further extended unless (a) they meet, on an individual basis, the terms and conditions for reopening described herein or (b) they apply to ADHS for approval to reopen... ADHS is, for each Arizona county, categorizing the COVID-19 risk as 'Substantial,' 'Moderate,' or 'Minimal.'... The Benchmarks must be met for 14 consecutive days to move from a higher transmission category to a lower one... 5. If a closed business is located in a county that does not meet the community transmission metrics in the Moderate or Minimal category (i.e., the county transmission category is Substantial), the business must remain closed.

Enforcement

Paras. 9-10: 'law enforcement, any regulatory agency, pursuant to their regulatory authority, ADHS and local health departments may take immediate action against any entity that operates in violation of this Emergency Measure' or 'in a violation of its Attestation or the applicable Department-specified mitigation Guidelines'; administrative hearing rights under A.R.S. 41-1092.03(B); 18-month maximum term

Notes

Recites the Aug. 4, 2020 Mountainside Fitness ruling (Maricopa County Superior Court CV2020-093916, Thomason, J.). Footnote 1: the attestation and guidelines 'apply to all businesses operating with a liquor license, no matter what series of license is held'. If a county's benchmarks rise 'a new Attestation shall be filed, and the Guidelines applicable to the higher category shall be followed'.

Retrieval note

Five-page scan; OCR in full.