Updated State FAQ on Proof of Vaccinations, Indoor Occupancy
The state of Illinois has recently updated their FAQ on current Phase 4 regulations, including answers related to proof of vaccination and negative COVID-19 tests as is relates to occupancy and events.
It is important to note that the state's updated plan does not currently effect the city of Chicago or Cook County, which have implemented their own guidance. Please check with your local municipalities to confirm they are implementing the state’s new guidance.
From the updated FAQ:
How are capacity limits outlined in the guidelines impacted for guests or patrons that are able to demonstrate immunity with proof of a vaccination or negative COVID-19 test?
- Individuals with proof of full vaccination plus 14 days or a negative COVID-19 test (PCR) 1 to 3 days prior to an event or outing do not count against capacity limits. Patrons and attendees must show proof of completed vaccination series or recent negative COVID-19 test prior to entry and are subject to additional state face covering rules and social distancing guidelines of at least 6’ between individuals that are not in the same household or group even if they meet the criteria for demonstrated immunity.
Is this effective immediately, or not until the Bridge Phase?
- This is effective immediately.
Is there a standard way to verify vaccination and/or having received a negative COVID-19 test?
- Following full vaccination, individuals receive a vaccination card from the administrator of the vaccine. At this point, there is no uniform proof of vaccine or negative COVID-19 tests. Businesses should develop methods to evaluate authenticity of the documentation provided.
Does this apply to all sectors which have guidelines?
How are businesses supposed to track individuals who received vaccinations or a negative COVID-19 test?
- Businesses are responsible for managing their capacity and admission procedures within the venue to establish a protocol and system to verify proof of a vaccination plus 14 days or a negative COVID-19 test. Businesses should evaluate privacy concerns to implement a reliable method to manage proof of vaccinations or negative COVID-19 test such as an online registration with a reporting feature and the attendee or guest needs to provide proof of vaccination card or test results in person on the date of the event. If a venue is being utilized by a company for an event, the event host is responsible for compliance.
- If businesses opt to establish a system of checking proof of vaccination or a negative COVID-19 test to permit greater capacity, businesses should evaluate all applicable data privacy laws for retention of the information. Businesses are not required to ask all patrons of proof of vaccination or negative COVID-19 test if they wish to remain within Restore Illinois Phase 4 and Bridge Phase limits.
Is there a cap on the number of vaccinated individuals an establishment can allow on the premises?
- Venues with fixed seating such as a theater, restaurant, and sporting venue are limited by the requirement to maintain at least 6’ social distancing between groups. Venues without fixed seating need to implement a method to ensure that groups maintain 6’ social distancing within the space.
- For both fixed seating and non-fixed seating venues, capacities may also not exceed the maximum allowable capacity otherwise indicated by applicable codes (e.g. fire code) if other social distancing measures are feasible.
If an individual has a proven immunity through proof vaccinations or a recent negative COVID-19 test, can those individuals intermingle with people outside their group without social distancing?
- No. The concept of permitting individuals to not count towards the capacity limits does not permit the individuals to also mix within the venue, event, or other industry space and not follow the other restrictions.
What is the capacity for indoor dining, and when is it permissible?
- In Phase 4, Capacity is limited based on arranging tables so that seated patrons are a minimum six feet away from patrons at other tables (previously tables needed to be spaced 6 feet apart; now the seatbacks at one table must be 6 feet from the seatbacks at the other table).
Can bars and restaurants increase the size of their tables if some or all of the guests are vaccinated or present proof of a negative COVID-19 test?
- Yes. The party size set forth in the guidance (no more than 10 persons) can be increased to more than 10 because the individuals who provide proof of the vaccination or a negative COVID test do not count towards maximum of 10 persons per party at a restaurant and/or bar.
Can bars and restaurants' place tables closer than six feet apart if some or all of the guests at adjacent tables are vaccinated or present proof of a negative COVID-19 test?
- No. Tables must continue to be spaced in accordance with the dining guidelines (6’ from chair backs).
For indoor spaces that accommodate eating/drinking, how does this affect the standing area capacity established in the guidelines?
- As long as the establishment operators can manage the standing area to ensure parties are placed at standing tables, not mixing and spaced at least 6’ apart, then the standing area capacity (25%) can be increased with individuals that provide the proof of vaccination or negative COVID test.
