Understanding Governor Sisolak’s Directive for Non-Essential Businesses
March 27, 2020
GOV. SISOLAK GUIDANCE: DIRECTIVE 003 - ESSENTIAL BUSINESS
Understanding Governor Sisolak’s Directive for Non-Essential Businesses
Q: What is an “ESSENTIAL BUSINESS”?
A: Essential businesses are those licensed businesses that are encouraged to continue operation, but must adopt COVID-19 risk mitigation measures that reduce the risk of community disease spread. These businesses include:
• Essential healthcare services
• Businesses that sell or rent medical supplies
• Essential infrastructure operations like construction & manufacturing, agriculture, and utilities
• Grocery stores
• Retailers that sell food items and other household essentials
• Restaurants offering meals via take-out, drive-through, curbside pickup, or delivery
• Entities that provide food, shelter, or social services for vulnerable populations
• Businesses that ship or deliver goods directly to residences
• Licensed cannabis entities (delivery only)
• Pet supply stores and animal shelters
• Financial institutions
• Pawnbrokers
• Hardware stores and home improvement centers
• Auto supply, auto repair, and tire shops
• Laundromats and dry cleaners
• Warehouse and storage facilities
• Transportation services like taxis and rideshares
• Mail and shipping services
• Businesses that supply – on a curbside pickup or delivery basis – products necessary for people to work from home, like office supply and electronics stores
• Plumbers, electricians, exterminators, home security, and other similar service providers
• Professional or technical services
• Childcare facilities
• Residential facilities and shelters
• Media services
• Lodging
• Gas stations
Q: What is a “NON-ESSENTIAL BUSINESS”?
A: Non-essential businesses include, but are not limited to, those businesses that promote recreational social gathering activities, or promote extended periods of public interaction where the risk of transmission of COVID-19 is high. These businesses were ordered closed by 11:59pm on Friday, March 20, 2020.
• Casinos
• Recreational activities
• Beauty and grooming schools and services
• Retail facilities not defined as essential that can’t ship or deliver
• Dine-in restaurants
• Brothels and houses of prostitution
• Live entertainment venues
• Nightclubs
• Pubs, wineries, bars, and breweries that don’t sell food on a take-out, drive-through, curbside pickup, or delivery basis
• Sporting good and hobby shops
• Museums and art galleries
• Liquor stores
• Tattoo Parlors
• Smoke/e-Cigarette/Vape Shops
Q: What does this Directive mean for services like police, fire, and public works?
A: The Governor’s Directive allows industries identified in the March 19, 2020 U.S. Department of Homeland Security Cyber & Infrastructure Security Agency Essential Critical Infrastructure Workforce memo to continue to operate with appropriate modifications to account for CDC workforce and consumer protection guidance. Those industries include law enforcement, public safety, first responders, public works, and essential government employees.
Q: Does this mean I cannot leave my house or visit area parks?
A: No; so long as you are maintaining a safe distance of six feet from people who aren’t part of your household, it is okay to go outside for exercise, a walk, or fresh air. Congregating outdoors without maintaining safe social distancing is not permitted.
ESSENTIAL BUSINESSES pursuant to Declaration of Emergency Directive 003 and accompanying Emergency Regulations
The following businesses are defined as essential and may continue to operate as described below.
All essential licensed businesses must:
- Comply with social distancing guidance issued by the CDC document, “Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission”;
- Cease operating and shut down all gaming machines, devices, tables, games, and any equipment related to gaming activity, except for licensed online gaming or mobile wagering operations; and
- Cease all door-to-door solicitation, even if the good or service offered for sale is considered essential (does not prohibit the delivery of a good or service that has been ordered by a resident or business);
- Provide curbside, pickup, or delivery of goods whenever possible;
- To the extent practicable, ensure that customers receiving orders outside the establishment maintain adequate social distancing practices by not congregating within a minimum of six feet of separation between each other;
- To the extent practicable, disallow the formation of lines in which people congregate in a way that violates social distancing guidelines;
- Whenever possible, adopt contactless payment systems; (Contactless payment systems are credit cards and debit cards, key fobs, smart cards, or other devices, including smartphones and other mobile devices, that use radio-frequency identification (RFID) or near field communication (NFC, e.g., Samsung Pay, Apple Pay, Google Pay, Fitbit Pay, or any bank mobile applications that supports contactless) for making secure payments, as opposed to the direct transfer of cash between buyer and seller.)
If an essential licensed business is unable to provide take-out, drive-through, curbside pickup, or delivery services, it must, to the extent practicable, limit access to its premises so that customers can maintain a minimum of six feet of separation between each other AND must implement sanitization and disinfection policies in compliance with the CDC’s recommendations.
Essential healthcare operations including:
• Hospitals
• Medical offices
• Clinics
• Healthcare suppliers
• Home health care providers
• Mental health providers
• Dentists
• Orthodontists
• Oral surgeons
• Physical or occupational therapists
• Speech therapists and pathologists
• Chiropractors
• Licensed homeopathic medical providers
• Biomedical facilities
• Non-governmental emergency service providers
• Optometrist and ophthalmologist offices
• Offices for certified nurse-midwives
• Veterinary services
• Pharmaceuticals
Businesses that sell or rent medical supplies:
Rental medical equipment and supplies must be cleaned and sanitized in accordance with CDC sanitization recommendations.
Essential infrastructure operations including:
• Construction
• Agriculture
• Farming
• Housing construction
• Airport operations
• Water
• Sewer
• Gas
• Electrical
• Mining
• Public transportation
• Solid waste collection and removal
• Recycling services
• Energy, including solar
• Internet
• Telecommunications
• Manufacturing
• Food processing
In addition to the COVID-19 risk mitigation measures outlined above, these businesses must maintain strict social distancing practices to facilitate a minimum of six feet of separation between workers and adopt policies and practices that ensure minimum contact between the workforce and the general public. Social distancing restrictions do not supersede any safety practices imposed on the industry by state or federal law. These businesses must also follow all applicable COVID-19 risk mitigation policies and any precautionary measures and guidance issued by the Nevada Department of Business and Industry and any other state regulatory body.
Grocery & Retail stores including:
• Supermarkets
• Food banks
• Food pantries
• Soup kitchens
• Convenience stores
• Farm and produce stands
• Pet supply stores
• Hardware stores, including home improvement centers
• Office supply stores including businesses that supply products necessary for people to work from home (curbside pickup or delivery to consumer basis only)
• Other retail sale of canned and dry goods, fresh produce, frozen foods, fresh meats, fish, and poultry
• Retailers that sell food items and other household consumer products for cleaning and personal care to promote safety, sanitation, and essential operation of households.
In addition to the COVID-19 risk mitigation measures outlined above, these businesses must:
- require food workers to strictly abide by all applicable hygiene guidelines including handwashing and glove requirements;
- follow CDC sanitization recommendations, including disinfecting surfaces routinely and at frequent intervals;
- and prohibit self-serve food and beverage, such as condiments and samples.
Restaurants and Food establishments:
Establishments that offer meals on a take-out, curbside pickup, delivery, or drive-through basis only and food distribution pods to provide meals to students. In addition to the COVID-19 risk mitigation measures outlined above, these businesses must:
- require food workers to strictly abide by all applicable hygiene guidelines including handwashing and glove requirements;
- follow CDC sanitization recommendations, including disinfecting surfaces routinely and at frequent intervals;
- and prohibit self-serve food and beverage, including as condiments shared between unrelated customers and samples not distributed by a food worker.
Licensed cannabis entities including:
• Dispensaries (delivery only; no curbside pickup)
• Producers
• Cultivators
In addition to the COVID-19 risk mitigation measures outlined above, licensed cannabis entities must ensure that producers and cultivators strictly adhere to social distancing protocol. Guidance on cannabis delivery services shall be issued by the Department of Taxation in conjunction with the Cannabis Compliance Board.
Financial Institutions including:
• Banks
• Pawnbrokers
Services for vulnerable people:
Businesses and other entities that provide food, shelter, or social services for economically disadvantaged individuals, vulnerable populations, or victims of crime.
Auto services including:
• Auto supply
• Automobile repair facilities
• Tire shops
• Sales on a Limited Basis
Transportation services including:
• Taxicabs
• Rideshare services
Taxis and rideshare services may only serve one customer or group of customers that originate at the same address at the same time or are members of the same household. “Pooling” customers is prohibited.
Maintenance services including:
• Plumbers
• Electricians
• Exterminators
• Home security
• Other service providers who provide services necessary to maintain the safety, sanitation, and essential operation of residences or businesses
Professional or technical services including:
• Legal
• Accounting
• Tax
• Payroll
• Real estate
• Property management services
Residential facilities including:
• Shelters for seniors, adults, and children
• Retirement homes
• Assisted living facilities
Media including:
• Newspapers
• Television
• Radio
• Other media services
Lodging including:
• Hotels and motels
• Short-term rentals
• RV parks
• Campgrounds
• Dormitories
• Commercial lodging
Additional Essential Services including:
• Child care facilities
• Mail and shipping services, including P.O. Boxes.
• Businesses that ship or deliver goods directly to residences
• Gas stations, with or without attached convenience store
• Animal shelters
• Laundromats and Dry Cleaners
• Warehouse and Storage facilities
NON-ESSENTIAL pursuant to Declaration of Emergency Directive 003 and accompanying Emergency Regulations
The following businesses are defined as non-essential and must be closed as of 11:59pm on Friday, March 20, 2020.
Recreational activities including but not limited to:
• Recreation and Community Centers
• Sporting Event Venues
• Fitness Facilities and Gyms
• Clubhouses
• Racetracks
• Bowling Centers
• Cinemas and Movie Theaters
• Skiing Facilities
• Theme Parks
• Amusement Parks
• Zoos and aquariums (must close to the public but may maintain essential operations by staff members for the health and safety of animals)
• Golf and country clubhouses not to include golf activities outside clubhouse settings
Casinos
• Gaming machines and gaming operations, except online gaming or mobile wagering operations
Beauty and Grooming Schools and Services:
• Spas
• Hairdressers
• Barbers
• Nail Salons
• Tanning and air brush salons
• Massage not provided by a physical therapist
• Waxing
• Diet and weight loss centers
• Other cosmetic services
Retail facilities not defined as essential and that are unable to sell goods through shipping or direct delivery.
Restaurant services providing in-house dining only.
Pubs, wineries, bars and breweries that don’t provide meals on a take-out, curbside pickup, delivery, or drive-through basis.
Brothels and houses of prostitution
Live entertainment venues, including theaters and adult entertainment establishments
Liquor Stores
Other Non-Essential Businesses including but not limited to:
• Nightclubs
• Sporting good and Hobby Shops
• Tattoo Parlors
• Smoke Shops
• Vape/e-Cigarette Shops
