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Byrnes O'Hern & Heugle

Attorneys at Law Red Bank, New Jersey

Summary of Executive Order 107

By

TOP 10 TAKEAWAYS FROM EXECUTIVE ORDER 107 

[In Effect Since 9:00 P.M. On March 21, 2020]

[1] REMANING AT HOME 

  • All New Jersey Residents are required to stay at home unless:
    1. obtaining goods or services from essential retail businesses; 
    2. obtaining takeout food or beverages from restaurants, other dining establishments, or food courts;
    3. seeking medical attention, essential social services, or assistance from law enforcement or emergency services;
    4. visiting family or other individuals with whom the resident has a close personal relationship, such as those for whom the individual is a caretaker or romantic partner;
    5. reporting to, or performing, their job;
    6. walking, running, operating a wheelchair, or engaging in outdoor activities with immediate family members, caretakers, household members, or romantic partners while following best social distancing practices with other individuals, including staying six feet apart;
    7. leaving the home for an educational, religious, or political reason;
    8. leaving because of a reasonable fear for his or her health or safety; and
    9. leaving at the direction of law enforcement or other government agency. 

[2] SOCIAL DISTANCING PRACTICES

  • Individuals must practice social distancing by standing six feet apart when possible and frequently using hand sanitizing products where practicable

[3] PUBLIC TRANSPORTATION

  • Individuals should use public transportation only if they have no other feasible choice.

[4] PRIVATE/PUBLIC GATHERINGS

  • Gatherings of individuals (parties, celebrations, or other social events,) are cancelled, unless otherwise authorized by Order or by future discretion by the State Director of Emergency Management. 

[5] NON-ESSENTIAL RETAIL ESTABLISHMENTS

  • All non-essential retail businesses are closed entirely (online and telephonic deliver delivery can continue).
  • The following list of essential retail businesses can stay open provided they make all reasonable efforts to keep customers six feet apart and frequently use sanitizing products on common surfaces:
  1. Grocery stores;
  2. Farmer’s Markets;
  3. Direct to customer farms;
  4. Retailers such as Walmart and Target which sell large assortment of foods;
  5. Pharmacies and medical marijuana dispensaries;
  6.  Medical supply stores;
  7. Gas stations;
  8. Convenience stores;
  9. Ancillary stores within healthcare facilities;
  10. Hardware and home improvement stores;
  11. Banks and other financial institutions;
  12. Laundromats/dry-cleaning services;
  13. Stores that principally sell supplies for children under five years old;
  14. Pet stores;
  15. Liquor stores;
  16. Car dealerships only for auto maintenance and repair and auto mechanics;
  17. Printing and office supply shops;
  18. Mail and delivery stores.

[6] FOOD AND ALCOHOL ESTABLISHMENTS

  • All restaurants cafeterias, dining establishments, and food courts, with or without a liquor license and all bars and other holders of a liquor licenses with retail consumption privileges, are permitted to operate their normal business hours provided:
    • They are each offering only food delivery and/or take-out services in accordance with their existing liquor licenses. 
    • Alcoholic beverages sold are limited to original containers sold from the principal public barroom. 
  • All retail sales of alcoholic beverages by limited brewery licensees, restricted brewery licensees, plenary and farm winery licensees (and associated salesrooms), craft distillery licensees and cidery and meadery licensees must be:
    • in original containers
    • must be sold through customer pick up and/or delivered by licensees in accordance with their existing licenses. 
  • The on-premises consumption of alcohol is prohibited. 

[7] RECREATIONAL AND ENTERTAINMENT ESTABLISHMENTS

  • All recreational and entertainment businesses, including but not limited to the following list, must close to the public 
  • Casino gaming floors;
  • Retail sports wagering lounges;
  • Casino concert and entertainment venues;
  • Online and mobile sports and casino gaming services may continue to be offered notwithstanding the closure of the physical facility.
  • Racetracks, including stabling facilities and retail sports wagering lounges;
    • Mobile sports wagering services may continue to be offered notwithstanding the closure of the physical facility. 
  • Gyms and fitness centers and classes;
  • Entertainment centers, including but not limited to, movie theaters, performing arts centers, other concert venues, and nightclubs;
  • All indoor portions of retail shopping malls;
    • Restaurants and other stores located within shopping malls that have their own external entrances open to the public, separate from the general mall entrance, may remain open pursuant to the terms and directives of this Order for operating hours and takeout or food delivery services only.
    • All entrances and exits to the common area portions of retail shopping malls are to remain closed. 
  1. All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions. 
  2. Facilities where personal care services are performed that, by their very nature, result in noncompliance with social distancing guidelines, including but not limited to:
    1. cosmetology shops/ barber shops /beauty salons; 
    2. hair braiding shops; 
    3. nail salons; 
    4. electrology facilities; 
    5. spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; 
    6. massage parlors;
    7. tanning salons;
    8. tattoo parlors;
    9. public and private social clubs, whether or not they serve alcohol, including but not limited to facilities owned or operated by the American Legion, Veterans of Foreign Wars, Knights of Columbus, and any other social clubs associated with community service organizations. 
    10. Health facilities that provide medically necessary or therapeutic services are exempt.
  3. All municipal, county, and State public libraries, and all libraries and computer labs at public and private colleges and universities. 

[8] MANDATORY TELEWORK/ WORK-FORM-HOME 

  • Definition of “Telework”: means the practice of working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials.
  • All businesses or non-profits in the State whether designated as closed or open to the public must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.
  • If a business or non-profit has employees that must be on site to perform their employment function, the business or non-profit should make the best efforts to: reduce staff on site to the minimal number necessary to ensure essential operations can continue. Examples of such employees are:
    • law enforcement officers, fire fighters, and other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, information technology maintenance workers, janitorial and custodial staff, and certain administrative staff. 

[9] PRE-K, K-12  AND HIGHER EDUCATIONS INSTITUTIONS

  • All educational institutions are closed to students. 
  • Higher Education in-person instruction is prohibited. 
  • The Secretary of the Office of Higher Education shall have the authority to grant a waiver to allow in-person instruction to students on a case-by-case basis where a compelling rationale to allow such access exists. 
  • By Order of the State, some schools may remain open on a limited basis for the provision of food or other essential, non-educational services, or for educational or child care services if needed in emergency situations.
  • The Commissioner of DOE shall continue  to working with schools to ensure that students are able to continue their educations during this time period through appropriate home instruction. 
  • The Secretary of the Department of Agriculture, in conjunction with the Commissioner of DOE, must take actions to ensure that all students eligible for free or reduced meals shall continue to receive the services or supports necessary to meet nutritional needs during closures. 

[10] PENALITIES FOR NONCOMPLIANCE

  • Penalties for non-compliance with these Orders may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50, which could result in a conviction of a disorderly persons offense, a term of imprisonment of up to six months, and a fine of up to $1,000.00.

Nothing in the order shall be construed to affect the operations of: (1) health care or medical service providers; (2) access to essential services for low-income residents, including but not limited to food banks; (3) the media; (4) law enforcement; and (5) the operations of the federal government or the movement of federal officials when operating in their official capacity.