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Archived: Appendix C-1: Guidelines for Businesses Permitted to Operate (December 23, 2020)

This order has been rescinded and is no longer in effect in Marin County. Please visit the current Health Orders page to review current active orders in Marin.

Archived:Appendix C-1: Guidelines for Businesses Permitted to Operate

Original effective date: December 23, 2020

Please note that this Appendix C-1 supersedes and rescinds the Appendix C-1 issued December 16, 2020 and effective December 17, 2020. On December 3, 2020, the State of California issued the Regional Stay at Home Order, which evaluates public health within 5 State Regions, based on hospital capacity for persons resident in those Regions. Marin County is part of the State’s Bay Area Region. The provisions of the State’s Regional Stay at Home Order become effective when a Region’s ICU bed capacity is less than 15%. As of December 16, 2020, the Bay Area Region’s ICU capacity was less than 15%. Businesses and residents in Marin County must abide by the State’s Regional Stay at Home Order beginning 11:59 p.m. on December 17, 2020 until at least January 8, 2020 and the order will remain in effect until determined by the California Department of Public Health. If State and County orders differ, businesses and residents must follow the more restrictive directives and orders related to the COVID-19 pandemic.

General Requirements

All permitted business operations should be conducted with the goal of reducing the likelihood of COVID-19 transmission at the business site, with attention to the following factors:

  • Increase in mobility and volume of activity—the overall impact the reopening will have on the number of people on the business premises, including staff and patrons;
  • 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, Businesses permitted to operate must:

  1. Prepare, post, implement, and distribute to their Personnel a Site-Specific Protective Plan as specified in Appendix A of the Risk Reduction 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 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 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 Business.

Also, each Business permitted to operate 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.

Guidance for Businesses Permitted to Operate

If permitted to operate, the Business shall operate in strict compliance with the State’s guidance consistent with the State’s Regional Stay at Home Order. In addition, the below listed Businesses must also follow the Marin specific guidance listed below.

  1. Retail Businesses and Indoor Shopping Centers (Updated December 22, 2020)
  1. Status. Retail businesses and indoor shopping centers are permitted to operate at 20% capacity under the Stay Home Order. Per the State, capacity is based on fire department occupancy limit and retailers should refer to their individualized fire department occupancy limits to determine whether staff are included in their capacity limits.
  2. Description and Conditions to Operate. To the extent permitted to operate, retailers and shopping centers should post the number of individuals permitted at the 20% capacity limit in a location readily visible to the public near each business entrance. Retail businesses and indoor shopping centers shall monitor the capacity limit in the business at all times and stop individuals from entering the business when capacity limits are reached. Capacity limits will be monitored and the retail business or indoor shopping center must be able to provide the number of individuals in the business at any given time.

Updated December 22, 2020 by:

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