Georgia Executive Orders Permits Re-Opening of Businesses

Georgia Governor Brian Kemp recently issued two Executive Orders: (1) Executive Order 04.20.20.01; and (2) Executive Order 04.23.20.02 (herein, collectively referred to as the Order), which amended the Governor’s prior shelter-in-place Order and subsequent amending orders. 

The Order permits the re-opening of certain businesses on a limited basis, subject to restrictions, while extending Executive Order 04.08.20.04, and the current shelter-in-place order for those individuals who meet the criteria for higher risk of severe illness, to expire at 11:59 p.m. on April 30, 2020, for 13 days, until Wednesday, May 13, 2020, at 11:59 p.m.

Friday, April 24, 2020 Openings

The Order permits gyms, fitness centers, bowling alleys, body art studios, barbers, cosmetologists, hair designers, nail care artists, estheticians, their respective schools and massage therapists to begin engaging in Minimum Basic Operations as of Friday, April 24, 2020.

Consistent with prior Orders, Minimum Basic Operations are limited to:

• The minimum necessary activities to maintain the value of a business, establishment, corporation, non-profit corporation, or organization, provide services, manage inventory, ensure security, process payroll and employee benefits, or for related functions.
  
  
• The minimum necessary activities to facilitate employees or volunteers being able to work remotely from their residences or members or patrons being able to participate remotely from their residences.
  
  
• Instances where employees are working outdoors without regular contact with other persons, such as delivery services, contractors, landscape businesses, and agricultural industry services.

The Order also reiterates that businesses operating with only Minimum Basic Operations should implement measures to mitigate the exposure and spread of COVID-19 as outlined in previous Orders.

Monday, April 27, 2020 Openings

The Order permits restaurants, dining rooms of private social clubs, and theaters to re-open on Monday, April 27, 2020, on a limited basis, subject to new restrictions.

New Restrictions Related to Specific Businesses

The Order provides industry specific requirements and guidance for the following operations:

• Restaurants and Dining Services;
  
  
• Industry, Commerce, Organizations & Non-Profits including
  
  
  
  • Gyms and fitness centers;
    
    
  • Body art studios, estheticians, hair designers, massage therapists, tanning facilities;
    
    
  • Indoor movie theaters and cinemas;
    
    
  • Bowling alleys;
    
    
  • Persons working outdoors without regular contact with other persons, delivery services, landscape businesses and agricultural industry services;
    
    
• Healthcare;
  
  
• Education & Children;
  
  
• County & Municipal Governments.
  
  

Enforcement

Any law enforcement officer, after providing reasonable notice and issuing at least two citations for violations of O.C.G.A. § 38-3-7, is authorized to mandate the closure of any business, establishment, corporation, non-profit corporation, or organization not in compliance with this Order for a period not to extend beyond the term of this Order.

The Order suspends enforcement of any county or municipal ordinance or order that is more or less restrictive.

For more information and updates on the developing COVID-19 situation, visit GT’s Health Emergency Preparedness Task Force: Coronavirus Disease 2019.