28th Modification to the State of Emergency

John H. Cordrey - 5/13/2021

The Governor has signed the 28th Modification to the State of Emergency.  The Modification is NOT effective until May 21, 2021 at 8:00 a.m.  Until then, all previous restrictions and requirements are in effect.


The portion most pertinent to most licensees is J 4 i, which provides:


i. Food and Drink Establishments. 


1. Tables and booths must be arranged in a way that ensures customers at one table are at least three (3) feet apart from customers who are adjacent to or facing them unless barriers are present. If barriers are used: 

   a. Must be at least six (6) feet in height and start no more than two (2) feet from the floor. 

   b. Must be wide enough to provide coverage for people seated at the table. 

   c. Can be installed for this purpose, but walls, booths, etc., that meet the size requirements are acceptable. 


2. Other than when eating or drinking, staff must wear a face covering at all times. Face coverings are not required for patrons when seated at a table to eat or drink. Face coverings are required to be worn at all other times at food and drink establishments, such as when walking to and from tables. Face coverings are recommended when not seated at outdoor establishments, but are required when in non-dining areas where people congregate (which includes dance floors and bar game areas). 


3. Any common areas where people would typically stand or engage in other activities must be off limits if not otherwise occupied by tables with seated patrons, unless the Food and Drink Establishment can create a facility specific plan for such activities. Plans should be emailed to hspcontact@delaware.gov for consideration. The use of dance floors, arcade/bar game areas, pool tables, and similar spaces is not permitted until plans are approved by DPH.


The provisions of J 2 (see attached; pages 32-36) are applicable to any licensee that allows "Gatherings" which for this purpose means wedding receptions, showers, birthday parties, graduation parties and the like.


This is the link to the 28th Modification:


https://governor.delaware.gov/ wp-contenthttp://vfwde.com/uploads/sites/24/ 2021/05/28th-Modification-of- the-Declaration-of-a-SOE- State-of-Delaware-05122021.pdf


Thank you for continuing to keep your staff and patrons safe by following the requirements of the State of Emergency.


John H. Cordrey