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Appendix C-1: Additional Businesses Permitted to Operate

[September 15, 2020]

Table of Contents:

Revised September 15, 2020, Effective September 15, 2020   

Please note that this Appendix C-1 supersedes and rescinds the Appendix C-1 issued August 31, 2020.  On August 28, 2020, the State of California issued the Blueprint for a Safer Economy, a new tiered system.  As of September 15, 2020, the State has indicated that the County of Marin will be in the red tier based on its numbers and therefore the County may open additional businesses with modifications effective September 15, 2020, which includes indoor personal care services, museums, zoos, aquariums, places of worship, movie theaters, fitness centers and restaurants with modifications as set forth herein.  In addition, retail is permitted to operate at 50% capacity and indoor shopping malls may open food courts at a reduced capacity.  In addition, the County has updated other business sectors to align with the State Guidance. 

General Requirements

The “Additional Businesses” listed below may begin operating, subject to the requirements set forth in the Order and to any additional requirements set forth below or in separate industry-specific guidance by the Health Officer. These businesses were selected to implement an initial measured expansion of commercial activity based on health-related considerations including the risks of COVID-19 transmission associated with types and modes of business operations, the ability to substantially mitigate transmission risks associated with the operations, and related factors, such as the following:

  • Increase in mobility and volume of activity—the overall impact the reopening will have on the number of people leaving their homes and traveling to work at or access the business; 
  • Contact intensity—the type (close or distant) and duration (brief or prolonged) of the contact involved in the business; 
  • Number of contacts—the approximate number of people that will be in the setting at the same time;
  • Modification potential—the degree to which mitigation measures can decrease the risk of transmission.

To mitigate the risk of transmission to the greatest extent possible, before resuming operations, each Additional Business must:

  1. Prepare, post, implement, and distribute to their Personnel a Site-Specific Protective Plan as specified in Section 15.h of the Order for each of their facilities in the County frequented by personnel or members of the public; and
  2. Prepare, post, implement, and distribute to their Personnel a written health and safety plan that addresses all applicable best practices set forth in relevant Health Officer directives.

As used in this Appendix C-1, “Personnel” means the following people who provide goods or services associated with the Additional Business in the County:  employees; contractors and sub-contractors (such as those who sell goods or perform services onsite or who deliver goods for the business); independent contractors (such as “gig workers” who perform work via the Additional Business’s app or other online interface); vendors who are permitted to sell goods onsite; volunteers; and other individuals who regularly provide services onsite at the request of the Additional Business. 

Also, each Additional Business must comply with Social Distancing Requirements as well as all relevant state guidance and local directives.  Where a conflict exists between the state guidance and local public heath directives related to the COVID-19 pandemic, the most restrictive provision controls.

List of Additional Businesses

For purposes of the Order, Additional Businesses include the following based on the summarized health risk related rationale:

(1) Retail Stores and Retail Supply Chain Businesses - UPDATED September 15, 2020

  • Change in Status.  Retail businesses and indoor shopping centers are permitted to operate indoors with modifications, including a maximum capacity of 50%, all common areas closed, and limited food court services that must be consistent with the restaurant guidance.  
  • Basis for Addition.  The State of California has determined that for Counties in the red tier, indoor retail, including shopping centers, may operate indoors with modification, including a maximum capacity of 50%, all common areas closed and limited food court services that must be consistent with the State Guidance for restaurants.
  • Description and Conditions to Operate.  The following businesses are permitted to operate in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-retail.pdf and any other State Guidance applicable to the specific retail business, as well as the following stated limitations and conditions:

Retail stores may operate subject to the following limitations:

  1. Retail stores may operate for curbside/outside pickup and may display merchandise or create an outdoor retail location with permission from the local jurisdiction;
  2. Retail stores must ensure that any curbside or outside retail activity does not block pedestrian access or cause pedestrian or vehicle congestion; and
  3. Retail stores may operate indoors at 50% maximum capacity. 
  4. Effective September 15, 2020, indoor shopping centers are permitted to operate at 50% maximum capacity, but common areas must remain closed and food courts must operate at reduced capacity consistent with the State of California guidelines and in strict compliance with State Guidance located at https://files.covid19.ca.gov/pdf/guidance-shopping-centers--en.pdf
  • Businesses that manufacture the goods sold at retail stores covered in category (i) above and have no more than 50 Personnel on site in the facility at any time.
  • Businesses that provide warehousing and logistical support to the retail stores covered in category (i) above and have no more than 50 Personnel on site in the facility at any time.

(2) Limited Services (including Pet Grooming) - Updated September 15, 2020

(3) Childcare Establishments and Youth Programs - UPDATED August 31, 2020

(4) Office Space-Updated September 15, 2020

OFFICES FOR NON-ESSENTIAL SECTORS ORDERED CLOSED PER STATE DIRECTIVE ON September 8, 2020 AND THIS APPENDIX C-1

  • Change in Status. Due to the County’s placement in the red tier on the Blueprint for a Safer Economy, non-essential sector offices are limited to remote work only.    
  • Description and Conditions to Operate. Effective September 15, 2020, indoor office spaces for non-essential sectors remain unable to operate.  These offices may continue to engage in minimum basic operations, as specified in the May 15, 2020 Shelter-in-Place Order and remote work.  The State’s list of essential sectors is available at https://covid19.ca.gov/essential-workforce/ (updated September 8, 2020). Office spaces for essential sectors may continue to operate, in strict compliance with the State Guidance located at: https://files.covid19.ca.gov/pdf/guidance-office-workspaces--en.pdf

(5) Restaurants, Bars/Breweries/Distilleries/Wineries - Updated September 15, 2020

(6) Library - Updated September 15, 2020

  • Change in Status.   Libraries may operate indoors at same capacity as retail operators are permitted.  
  • Basis for Addition.  Library services have low contact intensity and a moderate number of contacts between Personnel and customers.  Indoor library services should result in only a relatively modest increase in the number of people reentering the workforce and mitigation measures can meaningfully decrease the resulting public health risk.  The State of California has indicated that indoor libraries may operate under the guidance for retail businesses.
  • Description and Conditions to Operate.  Libraries are permitted to operate in strict compliance with the State Guidance for retailers located at https://files.covid19.ca.gov/pdf/guidance-retail--en.pdf, as well as the California State Library recommended guidance located at https://www.library.ca.gov/Content/pdf/services/toLibraries/COVIDGuidanceLibraries.pdf.

(7) Outdoor Recreation Activity Businesses - Updated September 15, 2020

  • Change in Status.  Outdoor Recreation Activity Businesses may operate in strict compliance with State Guidance located at https://files.covid19.ca.gov/pdf/guidance-campgrounds-outdoor-recreation--en.pdf.  These businesses shall also ensure that they keep track of individuals who participate in their programs.  Recreational activities, opportunities and/or instruction include activities such as recreation, arts and crafts, musical, dramatic and cultural.  
  • Basis for Addition.  Businesses that involve outdoor interactions carry a lower risk of transmission than most indoor businesses.  Opening these services should result in a limited increase in the number of people reentering the workforce and mitigation measures can meaningfully decrease the resulting public health risk.
  • Description and Conditions to Operate.  These businesses are permitted to operate in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-campgrounds-outdoor-recreation--en.pdf and any other State Guidance applicable to the specific outdoor business.  These businesses shall also ensure that they keep track of individuals who participate in their programs.  

(8) Faith-Based and Cultural Ceremony Organizations - Updated September 15, 2020

  • Change in Status. Places of worship and Cultural Ceremonies are permitted to operate indoors with a maximum capacity of 25% or 100 people, whichever is fewer.  Outdoor operations are permitted in strict compliance with the State Guidance and shall not include more than 100 people.
  • Basis for Addition.  The State of California has determined that indoor places of worship may operate with modifications if the County is in the red tier.  
  • Description and Conditions to Operate.  These businesses are permitted to operate in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-places-of-worship.pdf.  Outdoor operations are permitted in strict compliance with the State Guidance and shall not include more than 100 people.

(9) Cleaning and Janitorial Services - Updated September 15, 2020

(10) Gyms and Fitness Centers - Updated September 15, 2020

  • Change in Status. Gyms and fitness centers are permitted to operate indoors with a maximum capacity of 10%.  
  • Basis for Addition.  The State of California has determined that gyms and fitness centers may operate with modifications if the County is in the red tier.  
  • Description and Conditions to Operate.  These businesses are permitted to operate, subject to the stated limitations and in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-fitness.pdf.  If operating outdoors, gyms and fitness centers shall operate in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-campgrounds-outdoor-recreation--en.pdf.  

(11) Hair Salons and Barbershops - UPDATED AUGUST 31, 2020

  • Change in Status.  The State of California has determined that as of August 31, 2020, hair salons and barbershops may open indoors with modifications. 
  • Description of Conditions to Operate. Hair Salons and Barbershops are permitted to operate indoors effective August 31, 2020 pursuant to the Industry-Specific Guidance of the Health Officer of the County of Marin Regarding Required Best Practices for Hair Salons/Barbershops and State of California Guidance located at https://files.covid19.ca.gov/pdf/guidance-hair-salons.pdf.

(12) Personal Care Services - Updated September 15, 2020

(13) Hotels and Short-Term Lodging - Updated September 15, 2020

(14) Music, Film, and TV Production - UPDATED JULY 15, 2020

  • Basis for Addition. The State of California has determined that music, film, and TV production may resume operations.
  • Description of Conditions to Operate. These businesses are permitted to operate, beginning at 7:00 a.m. on June 29, 2020, subject to the completion of a site-specific protection plan and the safety protocols agreed upon by labor and management.  Back office operations must cease indoor operations.  Please see Paragraph (4) “Office Space.”

(15) Campgrounds and Recreational Vehicle Parks - Updated July 15, 2020

  • Basis for Addition.  The State of California has determined that campgrounds and recreational vehicle (RV) parks may operate. Camping and recreational vehicle (RV) parks are outdoor activities that can occur with members of one’s own household without generating substantial risk of contact with other households. Risks associated with this activity can be mitigated through measures that provide for adequate social distancing.
  • Description of Conditions to Operate. Campgrounds and RV parks are permitted to operate, beginning at 7:00 a.m. on June 29, 2020, subject to the applicable guidance issued by the State of California (https://covid19.ca.gov/pdf/guidance-campgrounds.pdf). In addition to following the applicable state guidance, these businesses must adhere to the following limitations:
    • Only designated camping/RV spots may be used.
    • Each camping/RV spot may be occupied by only one household or living unit at a time.
    • If camping/RV spots are immediately adjacent to one another, there must be at least one closed camping spot between each open spot to maintain adequate distance between households or living units.

(16) Public Transit

  • Basis for Addition. The State of California issued guidance for public transit agencies on May 12, 2020. 
  • Description of Conditions to Operate. Notwithstanding Section 8 of the Order, public transit shall comply with the State of California COVID-19 Industry Guidance (https://covid19.ca.gov/pdf/guidance-transit-rail.pdf).   

(17) Aviation Services

  • Basis for Addition.  Such services have low contact intensity.  Opening these services should result in a limited increase in the number of people reentering the workforce and the overall volume of commercial activity and mitigation measures can meaningfully decrease the resulting public health risk.
  • Description of Conditions to Operate. Notwithstanding Sections 8 and 15.f.xx of the Order, aviation-based services are permitted to operate subject to the implementation of a Site-Specific Protection Plan and in compliance with any State of California industry guidelines.  

(18) Youth Sports - Updated September 15, 2020

  • Change in Status. Youth Sports are permitted to operate indoors with a maximum capacity of 10%.
  • Basis for Addition.  The State of California indicated that youth sports may operate indoors when a County is able to operate gyms and fitness centers indoors.  The State has determined that gyms and fitness centers may operate indoors with maximum capacity of 10% if the County is in the red tier.  Therefore, youth sports may operate indoors with a maximum capacity of 10%.
  • Description and Conditions to Operate.  These businesses are permitted to operate, subject to the stated limitations and in strict compliance with the State Guidance located at https://files.covid19.ca.gov/pdf/guidance-youth-sports--en.pdf and https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/small-groups-child-youth.aspx.

(19) Museums, Zoos and Aquariums - Updated September 15, 2020

  • Change in Status. Museums, Zoos and Aquariums are permitted to operate indoors at a maximum capacity of 25%.
  • Basis for Addition.  The State of California has determined that museums, zoos and aquariums may operate indoors with modifications if the County is in the red tier.  
  • Description of Conditions to Operate.  Museums, Zoos and Aquariums are permitted to operate indoors in strict compliance with State Guidance located at https://files.covid19.ca.gov/pdf/guidance-zoos-museums--en.pdf.  Outdoor museums and galleries are permitted to operate outdoors in strict compliance with State Guidance located at https://files.covid19.ca.gov/pdf/guidance-outdoor-museums--en.pdf.

(20) Movie Theaters - Updated September 15, 2020

  • Change in Status. Movie theaters are permitted to operate indoors at a maximum capacity of 25% or 100 people, whichever is fewer.
  • Basis for Addition.  The State of California has determined that movie theaters may operate indoors with modifications if the County is in the red tier.  
  • Description of Conditions to Operate.  Movie theaters are permitted to operate indoors with a maximum capacity of 25% or 100 people, whichever is fewer, and in strict compliance with State Guidance located at https://files.covid19.ca.gov/pdf/guidance-family-entertainment--en.pdf.

Updated September 15, 2020 by:

Matt Willis, MD, MPH
Health Officer of the County of Marin