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Ex. DE-058 Order Primary source read

Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Sixth Revision to the Twenty-Seventh Modification (indoor capacity for restaurants, retail, gyms, houses of worship, arts venues and fixed-seating venues raised to 50 percent effective Feb. 12; public meetings 50 percent; tournaments with DPH approval; vaccine-provider reporting and fines; price gouging; absentee voting; stay-at-home advisory text carried)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2021-02-04 Feb. 4, 2021
Effective
2021-02-12 8:00 a.m. E.D.T. (occupancy); 2021-02-04 9:00 a.m. E.D.T. (price gouging; voting) (issued Feb. 4, 2021 at 9:00 a.m.) (read as 2021-02-12)
End
Struck May 21, 2021 (DE-037) (read as 2021-05-21)
In force
Feb. 12, 2021 to May 21, 2021
Quarters
2021 Q12021 Q2
Limitation types
Stay-at-homeCapacity limitGathering capFace-covering requirementHealth care ordersOther
Addressees
  • food and drink establishments
  • retail
  • exercise facilities
  • houses of worship
  • arts venues
  • public bodies
  • vaccination providers
  • sports organizers
  • all persons doing business (price gouging)
Functions reached
  • DR/SF/FC/WS/PE capacity to 50 percent
  • GATH indoor events still capped at 10 until Feb. 19
  • CB stay-at-home advisory text continued
  • IC vaccine providers
Collection
Delaware DE

Operative words

'Sections E, G, I, N, O, and P are hereby modified, effective Friday, February 12, [2021 at 8:00 a.m.]'. § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of... fifty percent (50%) stated fire occupancy [or ten (10) people]'; 'maximum occupancy for a business means... fifty percent (50%) of stated fire occupancy'; 'For fixed seating venues, only... fifty percent (50%) of patron [seating]'; food and drink establishments 'shall not exceed... fifty percent (50%) of stated fire occupancy'; '2. Establishments that are not able to reach at least... fifty percent (50%) of fire code occupancy (excluding staff) while complying [with distancing may request a DPH plan].' § I: public meetings 'shall not exceed... fifty percent (50%) of stated fire [occupancy].' § N (Individual Obligations, effective December 14, 2020, carried): residents 'advised and strongly encouraged to stay home as often as possible and to only leave home to go to work or school, or for necessary needs'; 'a. Do not gather with anyone outside of your household, in their home or yours.' § E.4: 'Effective February 4, 2021 at 9:00 a.m. E.D.T., no person doing business in this State [may raise prices] more than ten percent (10%) from the cost customarily applied.' Recital: 'timely and effective distribution of the COVID-19 Vaccine will require' provider reporting.

Enforcement

Omnibus § P.2; vaccine-reporting fines and allocation reductions (Governor's release); price-gouging violation 'deemed an unlawful practice'

Notes

Governor's release: news.delaware.gov/2021/02/04/governor-carney-issues-update-to-omnibus-covid-19-emergency-declaration/ (occupancy changes effective 8:00 a.m. Feb. 12, 2021). The Tenth Revision's recital describes it as 'requiring Delaware [schools to offer in-person instruction]'.

Retrieval note

Read (operative lines); strike-through/insertion format.