Newest Update on Restaurant Indoor and Outdoor Dining Orders

December 16, 2020

This afternoon Anne Arundel County Circuit Court Judge William Mulford approved a temporary restraining order and injunction prohibiting a county executive order to close restaurant dining at 5 p.m. today.

Restaurants can continue to offer indoor and outdoor dining as per Executive Order No. 38, which provides: “The total number of persons permitted indoor in Foodservice Establishments (as defined in Governor’s Executive Order No. 20-11-17-01) shall not exceed 25% of the establishment’s indoor Maximum Occupancy. The total number of persons permitted in temporary outdoor seating areas of Foodservice Establishments shall not exceed 75% of the establishment’s indoor Maximum Occupancy. All Foodservice Establishments remain subject to the table spacing requirements and other protective requirements as set out in previous Local Executive Orders and Orders for Public Safety. All Foodservice Establishments must close to the public at 10:00 p.m. daily, except for carry out, delivery or drive-through service.”

All other provisions of Executive Order No. 39 are in effect.

The list of all actions in Executive Order #39, effective Wednesday, December 16 at 5:00 p.m. until January 13 at 8:00 a.m. is below, with new updates in the amended and restated executive order in bold/italics:

• Personal Services Establishments (hair stylist, nail salons, barbers) – decreased to 25% of that Establishment’s Maximum Occupancy.
• Religious Facility – decreased to 33% of that Religious Facility’s Maximum Occupancy. A Religious Facility may hold outdoor services for Christmas, Hanukkah or other recognized religious holidays with a gathering limit of no more than 250 persons, provided the Facility requires strict adherence to the Mandatory Health and Safety Protocols.
• Retail Establishment – decreased to 25% capacity or for any Retail Establishment without a posted Maximum Occupancy, 150 square feet of public space per occupant.
• Fellowship Addiction Recovery– decreased to 25% capacity or 50 persons, whichever is less.
• Food distribution sites (food pantries, etc.) that serve or donate food to people in need at no cost may continue to operate subject to Mandatory Health and Safety Protocols.
• Social Clubs including American Legion posts, VFW posts, and Elks Clubs, restricted to 25% capacity and no food or beverages service.
• Indoor social gatherings of more than 10 people remain prohibited. Outdoor social gatherings of more than 25 people remain prohibited.
• “Social gatherings” does not include activities, facilities or venues that have a specific capacity limit or are ordered closed under this Local Executive Order No. 39.
• “Social gatherings” includes family gatherings, parties, cookouts, parades, festivals, conventions, fundraisers, flea markets, yard sales, and other gatherings that are not associated with operating or patronizing a business that sells merchandise from a location with a posted Maximum
• All organized sports and sports practices in Anne Arundel County, including private school sports, are suspended.
• Private gyms and religious facilities with gyms or activity or play spaces may not allow those spaces to be used for sports, sports practices, or group fitness classes. Fitness Centers (as defined in the Governor’s Executive Order No. 20-11-17-01) may not allow sports or sports practices but may conduct classes or group fitness activities provided said activities are held in a space that provides at least 150 square feet per participant and the total number of persons permitted does not exceed 25% of its Maximum Occupancy. All staff and customers shall wear face coverings at all times and meet the Mandatory Health and Safety Protocols.  
• Gaming Facilities (casinos) are restricted to 25% capacity and no alcohol or food service except for carryout, delivery or curbside service.
• Bowling alleys are restricted to 25% capacity and no alcohol or food service.
• Roller rinks and indoor ice rinks are restricted to no more than 10 persons on the ice or on the rink at any one time, and no more than 10 additional persons who are non-employees may be in the facility at any one time. 
• Electronic bingo (no live call) is permitted, provided it is held in a space that provides at least 150 square feet per occupant, and provided the total number of persons permitted in any such facility at any one time shall not exceed 25% of that facility’s Maximum Occupancy.
• Indoor Theaters are closed.
• Indoor or outdoor venues for live performances are closed.
• All Outdoor Sporting Venues, including professional, semi-professional, amateur, recreational, collegiate, high school and motor sports venues, are closed, except that professional or collegiate sports at an Outdoor Sporting Venue may be conducted provided spectators are not permitted.
• Adult Entertainment venues are closed.
• Cigar and hookah lounges are closed but may sell retail products.
• Local annual license fees for Foodservice Establishments are waived and deemed paid for calendar year 2021.

The text of the amended and restated Executive Order #39 will be available shortly on the county’s Road to Recovery website.

County Executive Pittman Revises Executive Order and Creates Assistance Program for Restaurant Workers »