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Updates on the Yellow Tier and SCC New Health Order
City of Milpitas - Office of Economic Development | May 19, 2021
Effective today, Santa Clara County has moved to the Yellow Tier under the State of California's Blueprint for a Safer Economy. Under this less restrictive Tier, allowed business activities are as follows:
  • Indoor dining: 50% indoor capacity (75% if all guests show proof of negative test or full vaccination)
  • Gyms, fitness centers, dance studios: 50% indoor capacity (75% if all guests show proof of negative test or full vaccination); saunas, spas, and steam rooms can now open too
  • Indoor shopping malls: Open with reduced capacity food courts
  • Wineries, breweries, distilleries (where meals are not served): 50% indoor capacity or 200 people, whichever is fewer (75% if all guests show proof of negative test or full vaccination)
  • Bars (where meals are not served): 25% indoor capacity or 100 people, whichever is fewer (37.5% if all guests show proof of negative test or full vaccination)
  • Family entertainment centers: 50% indoor capacity (75% if all guests show proof of negative test or full vaccination); 100% masking except for food and beverage service
  • Movie Theaters: 50% indoor capacity (75% if all guests show proof of negative test or full vaccination)
  • Hotels: Open with fitness centers limited to 50% capacity
  • Conferences: Max indoor capacity of 200 guests if all guests show negative test or full vaccination; max outdoor capacity of 200 guests (400 if all guests show proof of negative test or full vaccination)
  • Cardrooms: 50% indoor capacity (75% if all guests show proof of negative test or full vaccination)
  • Nightclubs: Closed
  • Places of worship: Indoor activities encouraged to be limited to 50% capacity
  • Live Performances and Theater: Attendees must be from in-state and advanced reservations only; if outdoors, max capacity 67%; if indoors, eating/drinking allowed in designated areas only and suites limited to 25% capacity with max of 3 households, plus the following guidelines
  • Indoor venues seating up to 1500 people: Max 25% or 300 people (50% if all guests show proof of negative test or full vaccination)
  • Indoor venues seating 1501+ people: Max 10% or 2000 people, whichever is fewer, with no eating/drinking (50% if all guests show proof of negative test or full vaccination)
  • Maximizing remote work is no longer required
  • Outdoor dining, salons and personal care services, grocery stores, general retail, childcare, and museums continue to be open but should take precautions to ensure a safe and clean space for workers and customers.

Please visit the website for more details on allowed business activities. Keep in mind that indoor gatherings are strongly discouraged still and limited to 50% capacity or 50 people, whichever is fewer.

With this change, the County also issued a new Public Health Order to reflect low case rates and test positivity rates. The new Order supersedes the previous Order from October 2020 and sets out the following new requirements for businesses:
  • Stay outdoors as much as possible - being outdoors poses a significantly lesser risk of COVID-19 transmission, and businesses should consider moving activities outdoors.
  • Mandatory reporting of COVID-19 cases - if a business learns that an employee has tested positive, it must be reported to sccsafeworkplace.org
  • Vaccination status of personnel - businesses must determine employees' vaccination status using this form
  • Businesses must abide by the Mandatory Directive for Unvaccinated Personnel for all unvaccinated employees, including those who decline to share their vaccinated status

Businesses no longer have to submit social distancing protocols, however must still comply with Cal/OSHA’s COVID-19 Emergency Temporary Standards. The County will also continue to follow the State's mask mandate until the State fully moves out of the Blueprint for a Safer Economy Tiered structure and re-opens on June 15. County Health Officer Dr. Cody urges all eligible residents to get vaccinated against COVID-19 to further slow down transmission, and to keep exercising caution even as restrictions are lifted. As always, wherever there is a conflict in protocol, the more restrictive guidance applies. Visit the FAQ page for more details on the Public Health Order.
If you have any questions or need business assistance during COVID-19, please visit our website. Additionally, do not hesitate to contact the Office of Economic Development team by sending us an email. Assistance is available in English, Chinese, Spanish, Tagalog, Vietnamese, and other languages. We will continue to send out pertinent updates as they are made available to keep you informed.

In community spirit,
Alex Andrade
Director of Economic Development
(408) 586-3046
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