On Oct. 29, the Michigan Department of Health and Human Services (MDHHS) revised and extended its epidemic order to contain the spread of COVID-19, as Michigan continues to see a surge in cases, hospitalizations, and deaths. New provisions target indoor gatherings where COVID has spread most rapidly.
Indoor gatherings at a non-residential property are permitted only if:
- Attendance is limited to 20% of the seating capacity of the venue for locations with fixed seating (with a maximum occupancy of 500, regardless of the size of the venue).
- Attendance is limited to 20 persons per 1,000 square feet in each occupied room (with a maximum occupancy of 50, regardless of the size of the venue).
- All persons at the gathering wear a face mask.
- Only six people are seated at a table.
Outdoor gatherings at non-residential property restrictions
- Outdoor gatherings of up to 1,000 people at non-residential venues are permitted if attendance is limited to 30% of seating capacity for fixed seating establishments, or 30 people per 1,000 square feet if the venue does not have fixed seating.
- All persons must wear a face mask.
Capacity Limitations
- Gatherings at public facilities, such as a retail store, library, or museum, may not exceed 50% total occupancy limits.
- Gatherings at recreational sports and exercise facilities, such as gyms, fitness centers, recreation centers, bowling centers, roller and ice rinks, and trampoline parks, may not exceed 25% of total occupancy limits and are not allowed unless there are at least six feet between workout stations.
- Gatherings at professional sports and entertainment facilities, including arenas, cinemas, concert halls, performance and sporting venues, stadiums, and theaters, are allowed only if the venue can ensure there is six feet of distance between patrons not of the same household.
- Gatherings at outdoor pools must not exceed 50% of capacity limits, and at indoor pools must not exceed 25% of capacity limits.
- Gatherings at non-tribal casinos may not exceed 15% of total occupancy limits.
Food Service Establishment Restrictions
- Indoor common areas at food service establishments must not exceed 50% of normal seating capacity.
- Persons at indoor food service establishments must maintain six feet of distance between each party.
- Food service establishments must collect patron information to assist with contact tracing.
- Indoor common areas in which people can congregate, dance, or otherwise mingle must be closed.
- Prohibit indoor gatherings anywhere alcoholic beverages are sold for consumption on-site, except for where parties are seated and separated from one another by at least six feet and do not intermingle.
Limitations Affecting Organized Sports
- Athletes must wear face masks (except when swimming) or consistently maintain six feet of distance from others.
- Event directors must follow live audience limits (two per player or as described in attendance limits).
Many of the rules noted above also apply to personal service businesses, entertainment facilities, and other types of gatherings. The MDHHS has released an infographic, fact sheet, and social gathering guidance. To view all of the orders, please visit the MDHHS Epidemic Orders website.
The attorneys at O’Reilly Rancilio are ready to help business owners with COVID-19 related issues. For information please visit our website or call 586-726-1000.
