Governor Murphy Signs Executive Order Temporarily Pausing the Resumption of Indoor Dining

Rich Higgins, CPA
Focused on You. Dedicated to Your Success.
June 30, 2020

 Governor Phil Murphy signed Executive Order No. 158 yesterday, temporarily pausing the resumption of indoor dining, which had been scheduled to resume later this week on July 2. The Order also prohibits the consumption of food or beverages and smoking in the indoor premises of any retail, recreational, or entertainment business, including casinos, where masks are strictly required. The Order notes that there is an exception for health and safety, such as an individual briefly removing their mask to drink water.

“Unfortunately, the spike in cases in numerous other states, compounded by instances of non-compliance in New Jersey, require us to hit pause on the restart of indoor dining indefinitely,”  said Governor Murphy.  “I recognize that there are many establishments whose owners, managers, and customers have been responsible, but we cannot move forward unless there is complete compliance. Throughout every step of our restart, we have been clear that we would not hesitate to hit pause to safeguard public health, and this is one of those times.”

In light of today's Order, the Department of Health issued an updated Executive Directive for food and beverage establishments, which will be continue to be restricted to in-person service at outdoor areas only. According to the Executive Directive food or beverage establishments offering service in outdoor areas must adhere to the protocols listed below:
  • Post signage at the entrance that states that no one with a fever or symptoms of COVID-19 should enter the food or beverage establishment.
  • Limit seating to a maximum of eight customers per table (unless they are from an immediate family or from the same household) and arrange seating to achieve a minimum distance of six feet between parties.
  • Rope off or otherwise mark tables, chairs, and bar stools that are not to be used.
  • Demarcate six feet of spacing in patron waiting areas.
  • Provide physical guides, such as tape on floors and sidewalks, and signage on walls, to ensure that customers remain at least six feet apart in line for the restroom or waiting for seating.
  • Eliminate self-service food options such as buffets and salad bars.
  • Limit self-service drink stations to those that are able to be routinely and effectively cleaned and disinfected.
  • Consider alternatives to paper/physical menus (whiteboards, electronic menus).
  • Disinfect all tables, chairs and any other shared items (menus, condiments, pens) after each use.
  • Consider using single-use condiments and table items.
  • Install physical barriers and partitions at cash registers, bars, host stands and other area where maintaining physical distance of six feet is difficult.
  • Ensure six feet of physical distancing between workers and customers, except at the moment of payment and/or when employees are servicing the table.
  • Require infection control practices, such as regular handwashing, coughing and sneezing etiquette, and proper tissue usage and disposal.
  • Require frequent sanitization of high-touch areas like credit card machines, keypads, and counters to which the public and workers have access.
  • Place conspicuous signage at entrance alerting staff and customers to the required 6 feet of physical distance.
 
Food or beverage establishments offering service in outdoor areas must impose the following requirements on employees:
  • Require employees to wash and/or sanitize their hands when entering the food or beverage establishment.
  • Conduct daily health checks (e.g. temperature screening and/or symptom checking) of employees safely and respectfully, and in accordance with any applicable privacy laws and regulations.
  • Require employees with symptoms of COVID-19 (fever, cough, or shortness of breath) be sent home.
  • Require all employees to wear face coverings, except where doing so would inhibit the individual’s health, or if it would create an unsafe condition in which to operate equipment or execute a task (i.e. cooks that work near open flames).
  • Provide all employees with face coverings and gloves free of charge.
  • Provide employees break time for repeated handwashing throughout the workday.
  • Provide sanitization materials, such as hand sanitizer and sanitizing wipes to staff.
  • Encourage employees to obtain COVID-19 testing.
 
Food or beverage establishments offering service in outdoor areas pursuant to Executive Order No. 150 (2020) must institute the following policies with respect to customers:
  • Inform customers of all required social distancing and hygiene practices.
  • Encourage reservations for greater control of customer traffic/volume.
  • Require customers to provide a phone number if making a reservation to facilitate contact tracing.
  • Prohibit customers waiting for a table in the outdoor dining area from waiting inside the interior premises of the food or beverage establishment.
  • Recommend that customers wait in their cars or away from the food or beverage establishment while waiting for a table if outdoor wait area cannot accommodate social distancing.
  • Alert customers via calls/texts to limit touching and use of shared objects such as pagers/buzzers.
  • Encourage the use of digital menus or alternatives to physical or paper menus.
  • Provide a hand sanitizer station for customers.
 
In addition to the above requirements, food or beverage establishments offering service must institute the following policies with respect to their outdoor areas, which are defined as open-air spaces without a fixed roof, besides a temporary or seasonal awning or cover:
  • Obtain all required municipal approvals and permits before offering food and/or beverage consumption at outdoor areas.
  • Require customers who wish to enter the indoor portion of the establishment to wear a face covering, unless the customer has a medical reason for not doing so or is a child under two years of age.
  • Require that groups stay six feet apart even in areas where groups are not assigned seating.
 
We will continue to update you on new developments. Please visit our  COVID-19 Resource Page  for more alerts.

Feel free to contact any member of our team at (610) 828-1900 (PA) or (732) 341-3893 (NJ) with questions. You can contact me at  Richard.Higgins@MCC-CPAs.com  and Marty at  Marty.McCarthy@MCC-CPAs.com . As always, we are happy to help.
 
Stay safe,
 
Rich Higgins, CPA
Managing Principal - New Jersey Office
McCarthy & Company
 
Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).