Tenth Modification of the Declaration of a State of Emergency

The record

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31; 20 Del. C. § 3116(a)(2)

Issued

2020-04-06 Apr. 6, 2020

Effective

2020-04-07 8:00 p.m. E.D.T. (approved Apr. 6, 2020 at 6:00 p.m.) (read as 2020-04-07)

End

Curbside permitted for listed categories May 8, 2020 (DE-019); struck by the Twentieth Modification effective June 1, 2020 (DE-024); lodging ban lifted June 1, 2020 (read as 2020-05-08)

In force

Apr. 7, 2020 to May 8, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Business closureCapacity limitTravel and quarantineHealth care ordersEvents and venues

Addressees

• all non-essential businesses
• hotels, motels, inns, short-term and vacation rentals (Airbnb, VRBO, HomeAway)
• campgrounds
• auto and motor-vehicle dealers
• dentist offices
• repair shops
• firearms dealers
• golf courses
• realtors
• houses of worship
• child care not designated as Emergency Childcare Sites
• public corporations

Functions reached

• SF every non-essential retail location closed with no curbside
• LG hotels and every short-term rental closed to leisure guests; MC meeting rooms closed; FB lodging food service take-out only; AM pools, gyms, spas closed
• SR/SV auto dealers by appointment (two per half hour)
• CH/PR dental offices by appointment only
• RP repair shops by appointment only
• WS worship limited to ten in person
• EC child care closed unless designated
• CC call centers closed
• MK/EV venues, museums, zoos closed

Collection

Delaware DE

Operative words

¶ 1.f (Non-Essential Businesses): 'Hospitality and Recreation Facilities... Indoor community and recreation centers; Casinos and racetracks; Sporting facilities and venues... arcades, bowling alleys, indoor skating rinks..., martial arts studios, dance studios...; Gyms...; Swimming facilities...; Indoor play areas; Concert halls and venues; Theaters and performing arts venues; Zoos; and Museums; 2. Hair salons, barber shops, nail salons, and spas; 3. Pawn shops; 4. Door to door solicitations; 5. Customer service call centers and telemarketing operations; 6. Shopping malls...; 7. Electronics retailers; 8. Video, video game, or computer game rental or similar retail; 9. Craft or hobby retailers; 10. Libraries and bookstores; 11. Ice cream, water ice, custard, or similar shops (except for service by drive-thru), and ice cream trucks; 12. All licensed childcare facilities not designated as Emergency Childcare Sites...; 13. All other businesses not included within the definitions of Essential Businesses or Limited Operation Non-Essential Businesses.' ¶ 1.e: houses of worship 'shall comply with all social distancing requirements..., including attendance of no more than 10 people for in-person services under any circumstances.' ¶ 2: 'all physical locations of Non-Essential Businesses and Limited Operation Non-Essential Businesses within the State of Delaware shall be closed until after May 15, 2020, or the public health threat of COVID-19 has been eliminated, effective 8:00 p.m. E.D.T. April 7, 2020. Such businesses may continue to offer goods and services over the Internet or by phone. Non-Essential Businesses shall not transact business via curbside pickup.... Any business that fails to comply..., or that encourages or facilitates unauthorized interstate travel, shall be deemed in violation of the State of Emergency orders and subject to enforcement action.' ¶ 3.a: 'Commercial Lodging is hereby closed to leisure guests from the date of this Order until after May 15, 2020, or the public health threat of COVID-19 has been eliminated, whichever is later. As used herein, Commercial Lodging shall include hotels, motels, inns, short-term accommodations, vacation homes, or condo rentals (such as Airbnb, VRBO, HomeAway or any other vacation or overnight accommodation rental), and other lodgings providing overnight accommodation. Commercial Lodging may only take reservations from Essential Guests.... iii. All restaurants, bars, or other food and beverage service in Commercial Lodging shall operate only by take-out, room service or off premises delivery.... iv. Fitness centers, pools, spas, or other similar amenities, and all indoor places of congregation, including conference rooms or meeting facilities, must be closed.' ¶ 3.c: 'Automobile and other motor vehicle dealers may remain open only by appointment with no more than two appointments per half hour'; ¶ 3.d: 'Dentist offices, by appointment only'; ¶ 3.e: 'Repair shops for computers, household appliances, or otherwise, by appointment only'; ¶ 3.i: golf courses with clubhouses closed and no carts; ¶ 3.j: realtors as in the Fourth Modification. ¶ 8: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125.

Enforcement

Notes