MN Governor Walz Announces Re-Opening of Indoor Dining, Gyms, Entertainment Venues
Governor Walz Announces Gradual Re-Opening of Indoor Dining, Gyms, Entertainment Venues
Administration continues gradual turning of the dial to safely reopen society while remaining prepared to dial back at the advice of public health experts
[ST. PAUL, MN] – Governor Tim Walz today announced Phase III of the Stay Safe MN plan, including a gradual turn of the dial to allow cautious and safe re-opening of indoor dining, gyms, and entertainment venues beginning Wednesday, June 10, 2020. Customers and employees will be either strongly recommended or required to wear masks and will be required to adhere to appropriate social distancing measures to prevent the spread of COVID-19.
“Thank you, Minnesotans, for the sacrifices you’ve made to slow the spread of COVID-19,” Governor Walz said. “Thanks to your dedication, we are now in a position to carefully turn the dial toward reopening society. As we move forward, it is more important than ever that we each do our part as we trust and rely on each other to keep our state safe.”
Limited re-opening of dine-in restaurants, gyms, and entertainment venues can begin on Wednesday, June 10. Occupancy rates will be limited based on risk, with an overall occupancy maximum of 250 people. All critical businesses are required to develop and implement a COVID-19 Preparedness Plan by June 29, and the Department of Health (MDH), Department of Employment and Economic Development (DEED), and Department of Labor and Industry (DLI) will publish industry guidance by June 15. Under Phase III of the Stay Safe MN plan:
Restaurants can begin offering indoor dining while maintaining social distancing, requiring reservations, and seating no more than 50 percent occupancy.
Indoor social gatherings can take place with 10 people or less; outdoor social gatherings can take place with 25 people or less.
Gyms, personal fitness and yoga studios, and martial arts may open at 25 percent capacity.
Indoor entertainment venues, such as theaters and concert halls, can open at 25 percent capacity.
Recreational indoor entertainment venues, such as bowling alleys, arcades, and museums may open at 25 percent capacity.
Personal services, such as salons, tattoo parlors, and barbershops, may increase occupancy rates to 50 percent while requiring reservations.
Outdoor entertainment venues, such as sporting events, concerts, and theaters may open at 25 percent capacity.
Places of worship can increase occupancy rates to 50 percent.
Since the start of Minnesota’s COVID-19 peacetime emergency, the State of Minnesota has prepared for a gradual re-opening by working with the health care sector to expand health care capacity and procure ICU beds, ventilators, and personal protective equipment.
“This safe, steady reopening cannot happen without the commitment and vigilance of all Minnesotans to protect themselves and each other against COVID-19,” said Lt. Governor Peggy Flanagan. “We must continue wearing masks, washing hands, staying six feet apart, and working from home when possible. Those practices bought us time to learn about and prepare for the virus – and they will keep us safe during this next phase of our response.”
On May 13, Governor Walz replaced Minnesota’s Stay Home order with a Stay Safe order as Minnesota continues to safely turn the dial back toward normal life. The Stay Safe Plan includes metrics that could trigger a dial back dial back based on the rate of testing, new cases, hospitalizations, and deaths. Governor Walz has stressed the importance of reopening cautiously and strategically.
“As we face the likelihood of many more months of this disease spreading at various levels in our communities, we must find a way to live with it – accepting a certain level of risk while taking steps to prevent a wave of cases overwhelming our health care sector,” said MDH Commissioner Jan Malcolm. “The goal is to find a proper balance of protections in a way that promotes the best interests of our state. That’s the balance we’re seeking here today.”
Restaurants, salons, and barbershops have been able to offer limited service since June 1. Takeout, curbside, and delivery services have been permitted throughout the pandemic in Minnesota.
“We have asked so much of Minnesota businesses over the past few months, and we recognize what a dire situation many have found themselves in,” said DEED Commissioner Steve Grove. “Today’s announcement is another important step on our journey to safely reopening our state to make economic growth possible. As more businesses begin to reopen and Minnesotans return to more activities we enjoy, we know the risks of possible COVID-19 transmission also increase. It is more important than ever that all Minnesotans do their part to protect themselves and others, and help our state’s businesses remain open by wearing masks, staying six feet apart, and staying home if you feel sick.”
**Read the full Executive Order below**
Emergency Executive Order 20-74
Continuing to Safely Reopen Minnesota’s Economy and Ensure Safe Non-Work Activities during the COVID-19 Peacetime Emergency
I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the Constitution and applicable statutes, issue the following Executive Order:
The COVID-19 pandemic continues to present an unprecedented and rapidly evolving challenge to our State. Since the World Health Organization characterized the COVID-19 outbreak as a pandemic on March 11, 2020, confirmed cases of COVID-19 in Minnesota have rapidly increased. On March 15, 2020, Minnesota detected the first confirmed cases caused by “community spread”—infections not epidemiologically linked to overseas travel. By March 17, 2020, all fifty states had reported a confirmed case of COVID-19, and on March 21, 2020, the Minnesota Department of Health (“MDH”) announced the first confirmed fatality due to COVID-19 in Minnesota.
The President declared a national emergency related to COVID-19 on March 13, 2020. Since then, and for the first time in history, the President has approved major disaster declarations for all fifty states and the District of Columbia. In concert with these federal actions and the actions of states across the nation, Minnesota has taken proactive steps to ensure that we remain ahead of the curve. On March 13, 2020, I issued Executive Order 20-01 and declared a peacetime emergency because this pandemic, an act of nature, endangers the lives of Minnesotans, and local resources were—and continue to be—inadequate to address the threat. After notifying the Legislature, on April 13, 2020 and again on May 13, 2020, I issued Executive Orders extending the peacetime emergency declared in Executive Order 20-01.
The need to slow the spread of the virus required the closure of certain non-critical businesses in our economy. Although Minnesota’s April unemployment rate was the second lowest in the country, over 700,000 Minnesotans have applied for unemployment insurance since March 16, 2020. In Executive Order 20-33, seeking to balance public health needs and economic considerations, we began planning to allow more Minnesota workers to safely return to work. We drafted guidelines and requirements for appropriate social distancing, hygiene, and public health best practices. Executive Order 20-38 expanded exemptions for outdoor recreational activities and facilities, and Executive Orders 20-40, 20-48, 20-56, and 20-63 allowed for the
gradual reopening of certain non-critical businesses that planned for and provided safe workplaces.
Our increased preparedness to treat those most vulnerable to COVID-19 allows us to continue slowly and safely reopening our economy in accordance with guidance from MDH, the Department of Employment and Economic Development (“DEED”), and the Department of Labor and Industry (“DLI”). Businesses reentering the economy must ensure compliance with the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182 (“Minnesota OSHA Standards”), in addition to guidelines related to COVID-19 set forth by MDH and the Centers for Disease Control and Prevention (“MDH and CDC Guidelines”).
Despite the progress we have made since declaring the COVID-19 peacetime emergency, certain establishments—including those in which people gather and linger, those with communal facilities, and those in which close physical contact is expected—continue to pose a public health risk. We continue to carefully consider and provide opportunities for such businesses to scale up their operations.
Likewise, certain non-work activities outside of the home are conducive to social distancing and hygiene, while others raise significant public health risks. Indoor activities pose higher risks than outdoor activities. Activities resulting in increased respiration rates pose higher risk than sedentary activities. Unpredictable settings are riskier than more predictable settings. Large social gatherings for extended time periods increase the risk of transmission between households. But the risks of transmission are diminished in transitory settings, such as retail establishments, where individual interactions and contact are more limited in duration.
In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the Governor emergency powers to “(1) ensure that preparations of this state will be adequate to deal with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the lives and property of the people of the state.” Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 1, the Governor has general authority to control the state’s emergency management as well as carry out the provisions of Minnesota’s Emergency Management Act.
Minnesota Statutes 2019, section 12.21, subdivision 3(7), authorizes the Governor to cooperate with federal and state agencies in “matters pertaining to the emergency management of the state and nation.” This includes “the direction or control of . . . the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, and . . . public meetings or gatherings.” Pursuant to subdivision 3 of that same section, the Governor may “make, amend, and rescind the necessary orders and rules to carry out the provisions” of Minnesota Statutes 2019, Chapter 12. When approved by the Executive Council and filed in the Office of the Secretary of State, such orders and rules have the force and effect of law during the peacetime emergency. Any inconsistent rules or ordinances of any agency or political subdivision of the state are suspended during the pendency of the emergency
For these reasons, I order as follows:
1. Executive Order 20-63 is rescinded as of Tuesday, June 9, 2020 at 11:59 pm.
2. Paragraphs 6 through 8 of this Executive Order are effective as of Tuesday, June 9, 2020 at 11:59 pm.
3. Masks and face coverings strongly encouraged. I strongly encourage all Minnesotans to wear a manufactured or homemade cloth face covering when they leave their homes and travel to any public setting where social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) and to follow face covering guidelines issued by MDH and the CDC until this Executive Order is rescinded. As set forth below, Minnesotans may be required to wear cloth face coverings in certain settings. Such face masks and coverings are for source control (to help limit the person wearing the covering from infecting others). They are not yet known to be protective of the wearer and therefore are not personal protective equipment.
4. At-risk persons. All persons currently living within the State of Minnesota who are at risk of severe illness from COVID-19, as defined by Executive Order 20-55, are strongly urged to stay at home or in their place of residence and follow the provisions of Executive Order 20-55.
5. Definitions. a. “Home,” “homes,” “residence,” and “residences” are broadly defined to include mobile homes, hotels, motels, shared rental units, shelters, and similar facilities, to the extent they are used for lodging.
b. “Worker” and “workers” are broadly defined to include owners, proprietors, employees, contractors, vendors, volunteers, and interns.
c. “Business” and “businesses” are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, and state, county, and local governments.
d. “Critical Businesses” are all businesses whose workers qualified for a Critical Sector exemption under paragraph 6 of Executive Order 20-48.
e. “Non-Critical Businesses” are all businesses that are not Critical Businesses or Places of Public Accommodation.
f. “Place of Public Accommodation” means a business, or an educational, refreshment, entertainment, recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Places of Public Accommodation include, but are not limited to, the businesses identified in paragraph 7.c of this Executive Order.
g. “Establishments Providing Personal Care Services” are broadly defined to include tanning establishments, body art establishments, tattoo parlors,
piercing parlors, businesses offering massage therapy or similar body work, spas, salons, nail salons, cosmetology salons, esthetician salons, advanced practice esthetician salons, eyelash salons, and barber shops. This includes, but is not limited to, all salons and shops licensed by the Minnesota Board of Cosmetologist Examiners and the Minnesota Board of Barber Examiners.
6. Activities outside of the home. Mindful that we must continue to limit social interactions to protect public health, individuals may leave their homes for activities, subject to the requirements and guidelines set forth below. These requirements may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at the State’s COVID-19 website (https://mn.gov/covid19/). a. Guidelines. Individuals engaging in activities outside of the home must follow the requirements of this Executive Order and MDH and CDC Guidelines. Individuals engaging in outdoor recreational activities must follow the Minnesota Department of Natural Resources (“DNR”) and MDH guidelines on outdoor recreation for facilities and the public (“Outdoor Recreation Guidelines”) available at the Stay Safe Minnesota website (https://staysafe.mn.gov).
b. Unnecessary travel strongly discouraged. Consistent with federal guidance and to protect our neighbors, Minnesotans are encouraged to stay close to home and are strongly discouraged from engaging in unnecessary travel.
c. Social gatherings. All indoor social gatherings of more than 10 people and all outdoor social gatherings of more than 25 people are prohibited, except as set forth below. Social gatherings are groups of individuals, who are not members of the same household, congregated together for a common or coordinated social, community, or leisure purpose—even if social distancing can be maintained. This prohibition includes planned and spontaneous gatherings as well as public and private gatherings. Prohibited gatherings do not include commercial activity by workers and customers of Critical and Non-Critical Businesses and Places of Public Accommodation. i. Legislative and other governmental meetings. The limits on gatherings in this Executive Order do not apply to legislative and other governmental meetings. Remote meetings are strongly encouraged whenever possible as permitted by state or local authority.
ii. The Judicial Branch. The limits on gatherings in this Executive Order do not apply to proceedings held by the Minnesota Judicial Branch. Proceedings held by the Judicial Branch are subject to the policies established by the chief justice and will occur as directed by court order. Individuals may appear as directed by a Minnesota state court, including to serve as a juror, appear as a party, as a witness, or
as legal counsel on behalf of a party, or otherwise to comply as directed by a court order, subpoena, or summons.
iii. Federal activities. Nothing in this Executive Order will be construed to limit, prohibit, or restrict in any way the operations of the federal government or the movement of federal officials in Minnesota while acting in their official capacity, including federal judicial, legislative, and executive staff and personnel.
iv. Drive-in gatherings. To enable safe congregation of people, drive-in gatherings are permitted, provided that all participants remain within their own vehicles and follow the applicable guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov).
v. Weddings, funerals, and services. Places of worship, funeral homes, and other venues that offer gathering space for weddings, funerals, or planned services such as worship, rituals, prayer meetings, or scripture studies, may host such weddings, funerals, or services exceeding the limits set forth above, provided that they adhere to the following requirements:
A. In all settings, ensure a minimum of 6 feet of physical distancing between households.
B. In indoor settings, occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single self-contained space.
C. In outdoor settings, gatherings must not exceed 250 individuals.
D. Develop and implement a COVID-19 Preparedness Plan in accordance with applicable guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov). d. Tribal Activities and Lands. i. Activities by tribal members within the boundaries of their tribal reservations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities.
ii. Activities within the boundaries of federal land held in trust for one of the 11 Minnesota Tribal Nations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities.
iii. Activities by tribal members to exercise their federal treaty rights within the boundaries of their treaty territory (also known as “ceded territory”) are exempt from the restrictions in this Executive Order but may be subject to restrictions by applicable tribal authorities.
iv. Tribal members may travel to and from their tribal reservations in accordance with applicable tribal law.
7. Workers and businesses. Workers and businesses are subject to the requirements set forth below. These requirements may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at the State’s COVID-19 website (https://mn.gov/covid19/). a. Continue to work from home whenever possible. Any worker who can work from home must do so.
b. Safe work. The protections noted in Executive Order 20-54 (Protecting Workers from Unsafe Working Conditions and Retaliation) remain in full force and effect. All work must be conducted in a manner that adheres to Minnesota OSHA Standards and MDH and CDC Guidelines, including social distancing and hygiene practices. Under existing law and authority, DLI may issue citations, civil penalties, or closure orders to places of employment with unsafe or unhealthy conditions, and DLI may penalize businesses that retaliate against employees who raise safety and health concerns.
c. Places of Public Accommodation. Places of Public Accommodation are subject to the following requirements and limitations: i. All Places of Public Accommodation remaining open or opening under this Executive Order must adhere to the requirements set forth in paragraph 7.e of this order, including development and implementation of a COVID-19 Preparedness Plan in accordance with applicable guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov).
ii. For the purposes of this Executive Order, the following establishments and facilities are not Places of Public Accommodation:
A. Establishments and facilities that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries, other than those portions of the Place of Public Accommodation otherwise subject to the requirements of this paragraph 7.c.
B. Health care facilities, child care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities.
C. Crisis shelters, soup kitchens, or similar institutions.
D. Restaurants and food courts inside the secured zones of airports. iii. Places of Public Accommodation, which would otherwise be subject to the restrictions in this Executive Order, may be exempted from such restrictions if they have been repurposed to exclusively provide services permitted under paragraph 7.c.ii.
iv. Places of Public Accommodation subject to this Executive Order are encouraged to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service, and to use precautions in doing so to mitigate the potential transmission of COVID-19, including social distancing.
v. Barbershops, salons, and other Establishments Providing Personal Care Services may be open. Occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single self-contained space. Workers, customers, and clients must follow face-covering requirements as set forth in the applicable guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov).
vi. Restaurants, food courts, cafes, coffeehouses, bars, taverns, brewer taprooms, micro distiller cocktail rooms, farm wineries, craft wineries, cideries, golf courses and clubs, dining clubs tobacco product shops, and other Places of Public Accommodation offering food, beverages (including alcoholic beverages), or tobacco products for on-premises consumption, may provide indoor and outdoor service, provided that they adhere to the following requirements:
A. Occupancy of any indoor space must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single self-contained space.
B. Occupancy of any outdoor space must ensure that the number of customers at any one time is limited to the number for whom physical distancing of 6 feet can be maintained between tables, not to exceed 250 people.
C. Workers and customers must follow face-covering requirements as set forth in the applicable guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov).
D. All establishments must follow applicable state and local laws and regulations. Local governments are encouraged to work collaboratively with establishments to allow for outdoor service.
E. The capacity limitation on indoor activity extends to the sale and play of lawful games as provided under Minnesota Statutes 2019, section 349.12. This does not include outdoor and on-premises sale and play.
F. Pursuant to Minnesota Statutes 2019, section 349.12, subdivision 3a, veterans or fraternal organizations may lend gambling funds to their general fund accounts for up to one year to pay for allowable expenses necessary to reopen such organizations’ permitted premises as set forth in the guidance available at the Gambling Control Board’s website (https://mn.gov/gcb/). vii. Indoor and outdoor pools may open to the general public only in accordance with industry guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
viii. Gymnasiums, fitness centers, recreation centers, indoor and outdoor sports facilities, indoor climbing facilities, trampoline parks indoor and outdoor exercise facilities, and exercise studios may open to the general public only in accordance with industry guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
ix. Venues providing indoor events, entertainment, or recreation such as theaters, cinemas, concert halls, museums, performance venues, stadiums, arcades, and bowling alleys may open to the general public only in accordance with industry guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
x. Venues (including racetracks) providing outdoor events, entertainment, or recreation, paintball, go-karts, mini-golf, and amusement parks may open to the general public only in accordance with industry guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
d. Critical Businesses. Businesses whose workers qualified for a Critical Sector exemption under paragraph 6 of Executive Order 20-48 may continue to operate in the same manner as provided in Executive Order 20-48.
i. Beginning on June 29, 2020, all Critical Businesses must have developed and implemented a COVID-19 Preparedness Plan as set forth in paragraph 7.e of this Executive Order and in accordance with the industry guidance currently posted to the Stay Safe Minnesota website (https://staysafe.mn.gov) and any additional applicable industry guidance that will be posted to the Stay Safe Minnesota website (https://staysafe.mn.gov) on or before June 15, 2020 as provided in paragraph 7.d.ii of this Executive Order.
ii. In consultation with relevant agencies, the Commissioners of Health, Employment and Economic Development, and Labor and Industry are directed to prepare and publish additional industry guidance for Critical Businesses, as necessary, no later than June 15, 2020. All such guidance will be posted to the Stay Safe Minnesota website (https://staysafe.mn.gov).
iii. For state licensed or state certified Critical Businesses that are operating under and adhering to existing policies and procedures or requirements related to health and safety, including requirements to establish and implement COVID-19 Preparedness Plans, state agencies are directed to develop guidance and template addendum plans that address unique risks and hazards of COVID-19 for their operations. Relevant agencies must publish such guidance no later than June 15, 2020. All such guidance will be posted to the Stay Safe Minnesota website (https://staysafe.mn.gov).
e. Non-Critical Businesses. If it has not done so already, a Non-Critical Business choosing to open or remain open must establish and implement a COVID-19 Preparedness Plan (“Plan”). Each Plan must provide for the business’s implementation of guidance for their specific industry or, if there is no specific guidance, general guidance for all businesses, as well as Minnesota OSHA Standards and MDH and CDC Guidelines in their workplaces. These requirements are set forth in guidance (“Plan Guidance”) available on the Stay Safe Minnesota website (https://staysafe.mn.gov). i. Required Plan content. As set forth in the Plan Guidance, at a minimum, each Plan must adequately address the following areas:
A. Require work from home whenever possible. All Plans must ensure that all workers who can work from home continue to do so.
B. Ensure that sick workers stay home. All Plans must establish policies and procedures, including health screenings, that prevent sick workers from entering the workplace.
C. Social distancing. All Plans must establish social distancing policies and procedures.
D. Worker hygiene and source control. All Plans must establish hygiene and source control policies for workers.
E. Cleaning, disinfection, and ventilation protocols. All Plans must establish cleaning, disinfection, and ventilation protocols for areas within the workplace. ii. Customer facing businesses. All Non-Critical Businesses that are customer facing (i.e., businesses that have in-person customer interactions) must include additional Plan provisions to keep the public and workers safe as set forth in the applicable guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov). This includes requirements that workers and customers must maintain physical distancing of 6 feet and that store occupancy must not exceed limits set forth in the guidance. In customer facing businesses that share common areas, such as malls, all Plans must similarly include a facility occupancy that must not exceed the limits set forth in the guidance and provide an enhanced sanitizing, cleaning, and disinfecting regimen consistent with Minnesota OSHA Standards and MDH and CDC Guidelines for those common areas. All Plans must also include signage in common areas to discourage congregating.
iii. Household services businesses. All Non-Critical Businesses that provide household services (e.g., housecleaning, maid services, and piano tuners) must also develop Plan provisions intended to keep customers and workers safe as set forth in the applicable guidance available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
iv. Optional template. A template COVID-19 Preparedness Plan, which covers the above requirements, is available as part of the Plan Guidance, available on the Stay Safe Minnesota website (https://staysafe.mn.gov).
v. Certification and signature. Senior management responsible for implementing the Plan must sign and certify the Plan, affirming their commitment to implement and follow the Plan.
vi. Dissemination and posting. Each Non-Critical Business must provide its Plan, in writing, to all workers, and the Plan must be posted at all of the business’s workplaces in locations that will allow for the Plan to be readily reviewed by all workers. Where physical posting is impracticable, the Plan can be posted electronically, provided that the Plan is received by all workers and remains available for their review.
vii. Training. Each Non-Critical Business must ensure that training is provided to workers on the contents of its Plan and required procedures, so that all workers understand and are able to perform the precautions necessary to protect themselves and their co-workers. This training should be easy to understand and available in the appropriate language and literacy level for all workers. Businesses should also take steps to supervise workers and ensure that workers understand and adhere to necessary precautions to prevent COVID-19 transmission. Documentation demonstrating compliance with this training requirement must be maintained and made available to regulatory authorities and public safety officers, including DLI, upon request.
viii. Compliance. Workers and management must work together to ensure compliance with the Plan, implement all protocols, policies, and procedures, and create a safe and healthy work environment.
ix. Availability to regulatory authorities and public safety officers. Non-Critical Businesses do not need to submit their Plans for preapproval. Upon request, Non-Critical Businesses must make their Plans available to regulatory authorities and public safety officers, including DLI.
x. In the event of a complaint or dispute related to a Non-Critical Business’s Plan, DLI is authorized to determine whether the Plan adequately implements the applicable guidance, Minnesota OSHA Standards and MDH and CDC Guidelines in its workplaces.
f. Youth Programs. This Executive Order intends to allow as many summer programs for youth as can safely be provided. Youth Programs intending to operate must do so in accordance with the following requirements: i. “Youth Programs” means programs providing care or enrichment to children or adolescents such as day camps, summer activities, and recreational or educational classes that require registration and have on-site supervision. “Youth Programs” does not include licensed child care facilities or school-district summer learning programs.
ii. Youth Programs must adhere to the requirements set forth in paragraph 7.e of this Executive Order, including development and implementation of a COVID-19 Preparedness Plan in accordance with guidance for youth and student programs available on MDH’s website (https://www.health.state.mn.us/diseases/coronavirus/schools/). COVID-19 Preparedness Plans must be distributed, available for review, and followed by participants and their parents or guardians.
iii. Youth Programs must comply with any public health restrictions implemented by the manager or owner of property or facilities used by
the program, including any restrictions set by school districts on theuse of their facilities, and adhere to guidancefor youth and studentprogramsavailable on MDH’s website (https://www.health.state.mn.us/diseases/coronavirus/schools/).
g.Organized Youth Sports.Organized Youth Sports organizations and programsintending tooperate must do so in accordance with the following requirements:
i.“Organized Youth Sports” meansany sports activity,where participants are childrenoradolescents, organizedby anentity, association, club, or organization providing for registration ofparticipants and oversight on a regular basis for adefined period oftime. Sports activities within this definition include all sports offeredby the Minnesota State High School League as well as dance, cheerleading, and other sports traditionally offered by supplementalassociations or organizations.
ii.Entities, associations, organizations, and clubs that provide Organized Youth Sports must adhere to the requirements setforth in paragraph
7.eof this Executive Order, including development and implementationof a COVID-19 Preparedness Plan in accordance withapplicable guidance for youth sportsavailable onthe Stay Safe Minnesota website(https://staysafe.mn.gov). COVID-19 PreparednessPlans must bedistributed and availablefor reviewby participants and their parents or guardians.
iii.Entities, associations, organizations, and clubs that provide Organized Youth Sports must ensure that all trainersand coaches understand and followtheir COVID-19 Preparedness Plan and related guidance.
iv.Indoor or outdoor facilities that support Organized Youth Sports mustalsoadhere to the requirements set forth in paragraph 7.eof thisExecutive Order, including development and implementation of aCOVID-19 Preparedness Plan in accordance withapplicable guidance for youth sportsavailable on the Stay Safe Minnesota website(https://staysafe.mn.gov). COVID-19 Preparedness Plans must be distributedto, available for review, and followedby entities,associations, organizations, and clubs that provide Organized Youth Sports.
h.Organized Adult Sports. Organized Adult Sports organizations and programs intending to operate must do so in accordance with the following requirements:
i.“Organized Adult Sports” means any sports activity,where participantsare adults,organized by an entity, association, club, or
organization providing for registration of participants and oversight on a regular basis fora defined period of time.
ii.Entities, associations, organizations, and clubs that provide Organized Adult Sports must adhere to the requirements set forth in paragraph 7.eof this Executive Order, including development and implementation ofa COVID-19 Preparedness Plan in accordance with applicable guidance for adult sports available on the Stay Safe Minnesota website(https://staysafe.mn.gov). COVID-19 Preparedness Plans must be distributed and availablefor review by participantsorguardians.
iii.Entities, associations, organizations, and clubs that provide Organized Adult Sports must ensure that all trainers and coaches understand theirCOVID-19 Preparedness Plan and related guidance.
iv.Indoor or outdoor facilities that support Organized AdultSports mustalso adhere to the requirements set forth in paragraph 7.e of thisExecutive Order, including the development and implementation of aCOVID-19 Preparedness Plan in accordance withapplicable guidance for adult sports availableon the Stay SafeMinnesota website(https://staysafe.mn.gov). COVID-19 Preparedness Plans must be distributed to, available for review, and followed by entities, associations, organizations, and clubs that provide Organized Adult Sports
i.Higher education institutions.To the extent higher education classescannotbe provided through distance learning, highereducation institutions, in consultation with their governing boards, theOffice of Higher Education(“OHE”), and MDH, may offer in-person classesor activitiesconsisting of no more than 25 people. Education and training programs not registered orlicensed withOHEor part of the Minnesota State Colleges and Universities orUniversity of Minnesotasystemsmustfollow the guidanceprovidedby thestate agency or board under which they areauthorized to operate.
i.Higher education definitions. For the purposes of paragraph 7.iof this Executive Order:
A.“Higher education institution” means all post-secondaryinstitutions,including but not limited toinstitutions licensedand registered with the OHE, with a physical campus in theState.
B.“Staff and instructors” means all employees, contractors, and volunteers of a higher education institution, including but notlimited to janitorial andcleaning professionals, secretarial and administrative professionals, instructors, instructor assistants,
researchers, research assistants, graduate assistants, faculty, and administrators. C. “Students” means any person enrolled at a higher education institution.
D. “Activities” includes, but is not limited to, testing, short-term training programs, student services, advising, internships, clinical rotations/placements, customized training, internships, campus visits, programs, credit and non-credit classes, and all research activities and functions. ii. Requirements for higher education institutions. Institutions of higher education should continue to establish and implement a higher education institution COVID-19 Preparedness Plan (“Higher Ed Plan”). Each Higher Ed Plan must provide for implementation of Minnesota OSHA Standards and MDH and CDC Guidelines in classrooms, labs, or other areas that students and staff may visit. Such requirements, which are adaptable to higher education institutions, are set forth in the general guidance available at the Stay Safe Minnesota website (https://staysafe.mn.gov) and other applicable guidelines.
A. Required Higher Ed Plan content. As set forth in the Plan Guidance, at a minimum, each Higher Ed Plan must adequately address the following areas: 1. Require distance learning wherever possible. Each Higher Ed Plan must require that distance learning continues for all students when possible. If in-person indoor or outdoor activities are required, such activities must be subject to limitations set forth by relevant OHE and MDH guidance.
2. Ensure that sick students and institution staff and instructors stay home. Each Higher Ed Plan must establish policies and procedures, including health screenings, that prevent sick students or institution staff and instructors from entering the institution for in-person or on-site activities.
3. Social distancing. Each Higher Ed Plan must implement social distancing policies and procedures set forth by the CDC and MDH. Such Plans must also include signage in common areas to discourage gathering. Each Higher Ed Plan should encourage all students, visitors, staff, and instructors to wear masks or face coverings.
4. Cleaning and disinfection protocols. Each Higher Ed Plan must establish cleaning and disinfection protocols for areas within the institution where students, staff, and instructors may visit and provide an enhanced sanitizing, cleaning, and disinfecting regimen consistent with Minnesota OSHA Standards and MDH and CDC Guidelines for common areas.
iii. Certification and signature. Institutional leadership responsible for implementing the Higher Ed Plan must sign and certify such Higher Ed Plan, affirming their commitment to implement and follow the Higher Ed Plan.
iv. Dissemination and posting. A higher education institution must make its Higher Ed Plan available according to applicable guidelines.
v. Training. Higher education institutions must ensure that training is provided to staff and instructors on the contents of their Higher Ed Plan according to applicable guidelines.
8. Outdoor recreational activities and associated facilities. Notwithstanding paragraph 7.c, the below facilities are permitted to be open and do business, provided that they adhere to paragraphs 6 and 7 of this Executive Order and the Outdoor Recreation Guidelines available at the Stay Safe Minnesota website (https://staysafe.mn.gov). Indoor facilities associated with outdoor recreational facilities must comply with paragraphs 6 and 7 of this Executive Order, as applicable. I encourage public outdoor recreational facilities to be open for all Minnesotans, including families and children, and direct all individuals utilizing such facilities to follow the Outdoor Recreation Guidelines. All outdoor recreational activities and facilities must also comply with Minnesota law, including but not limited to license and permit requirements, invasive species regulations, and park rules. a. Minnesota State Parks, Trails, State Forests, State Recreation Areas, Wildlife Management Areas, Scientific and Natural Areas, and other State managed recreational lands.
b. Locally, regionally, and privately managed parks and trails.
c. State, regional, or local public water accesses.
d. Public and private marinas and docks that provide storage, docking, and mooring services to slip owners, seasonal renters, and the general public, as well as facilities that provide safety-related services including fueling, emergency dockage, and sanitary pump-out stations.
e. Public and private golf courses and outdoor driving ranges.
f. Ski areas.
g. Off-highway vehicles, snowmobiles, and watercraft repair shops, sales facilities, and showrooms.
h. Lake service providers to install, repair, and remove docks, boatlifts, and other water related equipment or deliver boats.
i. Bait and tackle shops.
j. Outdoor shooting ranges and game farms.
k. Outdoor recreational equipment rental outlets. Equipment may be rented but only if the equipment can be effectively sanitized between uses. Such outlets must implement clear check-in and check-out procedures that minimize contact between customers and workers. Any rentals must be conducted in accordance with the Outdoor Recreation Guidelines.
l. Dispersed and remote camping sites in accordance with the Outdoor Recreation Guidelines. A dispersed campsite is a single campsite, not in a developed campground, used for overnight camping. A remote campsite is a designated backpack or watercraft campsite, not in a developed campground, used for overnight camping.
m. Public and private campgrounds that have adopted a COVID-19 Preparedness Plan in accordance with the Guidance for Campgrounds website (https://www.dnr.state.mn.us/aboutdnr/safely-opening-outdoor-recreation.html).
n. Charter boats and launches that have adopted a COVID-19 Preparedness Plan in accordance with Guidance for Charter and Launch Boats website (https://www.dnr.state.mn.us/aboutdnr/safely-opening-outdoor-recreation.html).
o. Outdoor tournaments, competitions, practices, and sports that allow for social distancing, that do not require gatherings prohibited by paragraph 6.c, and that adhere to the Outdoor Recreation Guidelines. This paragraph does not apply to activities covered by paragraphs 7.f through 7.h.
p. Guided and instructional activities such as guided fishing or birding that do not require gatherings prohibited by paragraph 6.c, adhere to social distancing requirements, and are conducted in accordance with the Outdoor Recreation Guidelines. This paragraph does not apply to activities covered by paragraphs 7.c.vii or 7.f.
q. Any other outdoor recreation activities and facilities that may be designated in the Outdoor Recreation Guidelines.
9. Respect for workers. Minnesotans must respect the efforts of employers and businesses to protect the safety of their workers and customers by complying with
those businesses’ socialdistancing and hygiene instructions. Employersand businesses mustpost social distancing and hygiene instructions at entrances and in locations that can beeasily seen by customers and visitors.
10.Enhanced local measures permitted. Nothing in this Executive Order orpreviousExecutive Orders should be construed to prohibitor prevent political subdivisionsfrom implementing, within their jurisdictions and pursuant to applicable law and authority, restrictions beyond the restrictions contained in this Executive Order, aslong as those additional restrictions have areal orsubstantial relation to the publichealth crisis caused by COVID-19. Pursuant to Minnesota Statutes 2019, section 12.32, political subdivisions may not relax orreducethis Executive Order’srestrictions. In other words, to the extent that they have authority to do so, cities and other political subdivisions may take actions that are more protective of the publichealth but may not take actions thatare less protective of the public health.
11.Enforcement. I urgeall Minnesotans to voluntarily comply with this ExecutiveOrder. Pursuant to Minnesota Statutes 2019, section 12.45, anindividualwhowillfully violates this Executive Order is guilty of a misdemeanorand upon conviction must be punished by a fine not to exceed $1,000 or by imprisonment fornot more than 90 days.Any business owner, manager, or supervisor who requires orencourages any of their employees, contractors, vendors, volunteers, or interns to violate this Executive Order is guilty of a gross misdemeanorand upon conviction must be punished by a fine not to exceed $3,000 or by imprisonment for not morethan a year. In addition to those criminal penalties, theAttorney General,as well as city and county attorneys, may seek any civil relief available pursuant to MinnesotaStatutes 2019, section 8.31, for violations of this Executive Order, including civilpenalties up to $25,000 per occurrencefrom businesses and injunctive relief. State and local licensing and regulatory entities that inspect businesses forcompliance with rules and codes to protect the public areencouraged to assess regulated businesses’compliance with this Executive Order and useexisting enforcement tools to bring businesses into compliance. Nothing in this Executive Order is intended to encourageor allow law enforcement to transgress individual constitutional rights.
Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, thisExecutive Order is effective immediatelyupon approval by the ExecutiveCouncil. It remains in effect until thepeacetimeemergency declared in Executive Order 20-01 is terminated or until it is rescinded by properauthority.
A determination that any provision of this Executive Order is invalid will not affect theenforceability of any other provision of this Executive Order. Rather, the invalid provision willbe modified to the extent necessary so that it is enforceable.