Los Angeles County Clears The Way for Reopening of Retailers, Offices, Malls, and Manufacturing

On May 26, 2020, the County of Los Angeles issued a revised order for “Reopening Safer at Work and In the Community” (“Revised Order”).

The Revised Order is effective immediately and applies to all cities and unincorporated areas in the County, except Long Beach and Pasadena.  Also, it does not supersede any stricter limitation by a local public entity. 

The Revised Order permits the reopening of all “Lower-Risk” Business, which are broken down into four (4) categories:

• Retailers (“Lower-Risk Retail Businesses”),
• Manufacturing and logistics sector businesses that supply Lower-Risk Retail Businesses,
• Non-Essential office-based businesses (although telework is strongly encouraged), and
• Indoor Malls and Shopping Centers.

These four (4) categories of Lower-Risk Businesses may reopen subject to the following conditions:

1. For any Lower-Risk Retail Business that sells goods and services, the owner, manager, or operator must, for each facility located within the County of Los Angeles Public Health Jurisdiction, prior to reopening, prepare, implement and post the Reopening Protocols for Retail Establishments: Opening for In Person Shopping, attached to this Order as Appendix B.
2. For any non-retail Lower-Risk Business, that is a manufacturing and logistics sector business that supplies Lower-Risk Retail Businesses, the owner, manager, or operator must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol, applicable to the business type or location, attached to this Order as Appendix C.
3. For any Non-Essential office-based business, which includes faith-based office facilities for those employed by the organization and where the facility is their regular place of work, the owner, manager, or operator, must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol Office-Based Worksites, attached to this Order as Appendix D.
4. For Indoor Malls and Shopping Centers, defined as: A building with (7) or more sales or retail establishments with adjoining indoor space, the owner or operator may reopen the Indoor Mall or Shopping Center up to 50% of overall shopping center capacity. Higher-risk businesses (e.g. movie theaters, bars, spas, salons, or other personal care services) located within an indoor mall or shopping center must continue to comply with Paragraph 7 of this Order, and remain closed until each of those types of establishments are allowed to resume modified or full operation. Shopping center food courts, dining areas, or dine-in restaurant tenant operations must follow the current requirements for restaurants. The owner or operator of the Indoor Mall or Shopping Center must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Protocols for Shopping Center Operators, attached to this Order as Appendix E.

Under the Revised Order, the following businesses are still closed:

• Bars and nightclubs;
• Gyms and fitness centers;
• Movie theaters, live performance theaters, concert halls and venues, stadiums, arenas, gaming facilities, theme parks, and festivals;
• Bowling alleys and arcades;
• Public piers;
• Personal care establishments, currently required by the State to remain closed, including nail salons, hair salons, massage and body art establishments;
• Indoor and outdoor playgrounds for children, except those located within a childcare center;
• Community centers, including public pools, but specifically excluding pools, hot tubs, and saunas that are in a multi-unit residence or part of a Homeowners’ Association;
• Indoor museums, indoor children museums, gallery spaces, and zoos;
• All events and gatherings, unless specifically allowed by this Order.

The reopening protocol, which must be adhered to by business type are available here. 

Businesses that are reopening must implement return to work plans and the guidelines required for each particular business type.  If you would like our attorneys to assist you in developing these plans and guidance on the myriad of issues facing businesses and employers as we begin this next phase, please email Matt Eanet at matt@eanetpc.com.