Text of Sisolak’s mandatory order to shut down nonessential Nevada businesses

Explanation: Due to the recent COVID-19 pandemic, the Governor, through the March 12, 2020, Declaration of Emergency and related directives, has ordered nonessential businesses to cease operations and has ordered essential businesses to follow additional guidelines to reduce the likelihood of transmitting COVID-19. This regulation will provide clarity as to which businesses are considered essential and which are considered nonessential during the existing COVID-19 pandemic. Further, essential businesses will have clear direction on operational expectations while continuing to provide goods and services to Nevada communities.

Section 1. Chapter 414 of the NAC is hereby amended by adding thereto a new section to read as follows:

NAC 414.XXX Businesses During Times of Declared Emergency (NRS 414.060, 414.070)

1. “Essential Licensed Business” means a business operating in the state of Nevada that provides:

(a) Essential healthcare operations, including hospitals, medical offices, clinics, healthcare suppliers, home health care providers, mental health providers, dentists, orthodontists, oral surgeons, physical or occupational therapists, speech therapists and pathologists, chiropractors, licensed homeopathic medical providers, biomedical facilities, nongovernmental emergency service providers, optometrist and ophthalmologist offices, offices for certified nurse- midwives, veterinary services and pharmaceuticals

(b) Essential infrastructure operations, including construction, agriculture, farming, housing construction, airport operations, water, sewer, gas, electrical, mining, public transportation, solid waste collection and removal, recycling services, energy, including solar, internet, telecommunication services, manufacturing and food processing

(c) Grocery stores, including supermarkets, food banks, food pantries, soup kitchens, convenience stores, farm and produce stands and other retail sale of canned and dry goods, fresh produce, frozen foods, fresh meats, fish, and poultry

(d) Retailers that sell food items and other household consumer products for cleaning and personal care to promote safety, sanitation and essential operations of households

(e) Businesses that ship or deliver goods directly to residences

(g) Businesses that sell or rent medical supplies

(h) Licensed cannabis entities, including dispensaries, producers and cultivators

(i) Pet supply stores

(j) Animal shelters

(k) Banks and financial institutions

(l) Pawnbrokers as defined in NRS 646.010

(m) Restaurants and food establishments that offer meals on a takeout, curbside pickup, delivery or drive-through basis only and food distribution pods to provide meals to students

(n) Businesses and other entities that provide food, shelter or social services for economically disadvantaged individuals, vulnerable populations or victims of crime

(o) Hardware stores, including home improvement centers

(p) Auto supply, automobile repair facilities and tire shops

(q) Laundromats and dry cleaners

(r) Warehouse and storage facilities

(s) Transportation services, including taxicabs and rideshare services

(t) Mail and shipping services, including P.O. boxes

(u) Businesses that supply products necessary for people to work from home on a curbside pickup or delivery to consumer basis only

(v) Plumbers, electricians, exterminators, home security and other service providers who provide services necessary to maintain the safety, sanitation and essential operations of residences or businesses

(w) Professional or technical services, including legal, accounting, tax, payroll, real estate and property management services

(x) Child care facilities

(y) Residential facilities and shelters for seniors, adults and children, including retirement homes and assisted living facilities

(z) Newspapers, television, radio and other media services

(aa) Hotels, motels or short-term rentals, RV parks, campgrounds, dormitories and commerical lodging and

(bb) Gas stations, with or without attached convenience store.

2. “Nonessential Business” means a business operating in Nevada that provides:

(a) Recreational activities, including, but not limited to, recreation and community centers, sporting event venues, fitness facilities, gyms, clubhouses, racetracks, zoos, aquariums, golf and country clubhouses not to include golf activities outside clubhouse settings, bowling centers, cinemas and movie theaters, skiing facilities, theme parks and amusement parks

(b) Brothels and houses of prostitution

(d) Retail facilities that are not specified in Section 1 as essential businesses and are unable to sell goods through shipping or direct delivery to consumers

(e) Restaurant services providing in-house dining only

(f) Nightclubs

(g) Pubs, wineries, bars and breweries

(h) Gaming machines and gaming operations

(i) Aesthetics services and schools of aesthetics services, including hair dressing, barbering, cosmetology services, nail salons, tanning and air brush salons, massage (not provided by a physical therapist), waxing, diet and weight loss centers and other cosmetic services

(j) Spas

(k) Sporting good and hobby shops and

(l) Museums and art galleries.

3. All Essential Licensed Businesses must:

(a) Comply with social distancing guidance issued by the Centers for Disease Control and Prevention document entitled “Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission,” the Governor’s Medical Advisory Team, a Governor’s Directive, any other Nevada state regulatory agency or board and

(b) Cease operating and shut down all gaming machines, devices, tables games and any equipment related to gaming activity, excluding licensed online gaming or mobile wagering operations and

(c) Cease all door-to-door solicitation, even if the good or service offered for sale is considered essential, excluding the delivery of a good or service that has been ordered by a resident or business and

(d) In addition to the general requirement described in J(a), (b), & (c), specific Essential Businesses described in NAC 414.XXX(l) must comply with the following additional requirements:

(1) Essential Businesses described in NAC 414.XXX(l)(b) must:

(I) Maintain strict social distancing practices to facilitate a minimum of six feet of separation between workers and adopt policies and practices that ensure minimum contact between the workforce and the general public. Social distancing restrictions shall not be construed to supersede any safety practices imposed on the industry by state or federal law.

(II) All applicable COVID-19 risk mitigation policies and any precautionary measures and guidance that shall be promulgated by Nevada Department of Business and Industry and any other state regulatory body.

(2) Essential businesses described in NAC 414.XXX(J)(c) must adopt COVJD-19 risk mitigation policies, including whenever possible adopting contactless payment systems requiring food workers to strictly abide by all applicable hygiene guidelines, including handwashing and glove requirements, following United States Centers for Disease Control and Prevention sanitization recommendations, including disinfecting surfaces routinely and at frequent intervals and prohibiting self-serve food and beverage, such as condiments and samples. Contactless payment systems are credit cards and debit cards, key fobs, smart cards or other devices, including smartphones and other mobile devices, that use radio-frequency identification (RFID) or near field communication (NFC, e.g. Samsung Pay, Apple Pay, Google Pay, Fitbit Pay or any bank mobile application that supports contactless) for making secure payments, as opposed to the direct transfer of cash between buyer and seller.

(3) Essential businesses described in NAC 414.XXX(l)(g) must ensure that rental medical equipment and supplies are cleaned and sanitized in accordance with the United States Centers for Disease Control and Prevention sanitization recommendations.

(4) Essential businesses described in NAC 414.XXX(l)(h) must:

(I) Ensure sales to consumers are by direct delivery under guidance that shall be issued by the Department of Taxation in conjunction with the Cannabis Compliance Board.

(II) Ensure that producers and cultivators strictly adhere to the social distancing protocol.

(5) Essential businesses described in NAC 414.XXX(l)(m) must adopt COVID-19 risk mitigation policies, including whenever possible adopting contactless payment systems requiring food workers to strictly abide by all applicable hygiene guidelines, including handwashing and glove requirements, following United States Centers for Disease Control and Prevention sanitization recommendations, including disinfecting surfaces routinely and at frequenl intervals, and prohibiting self-serve food and beverage, including as condiments shared between unrelated customers and samples not distributed by a food worker. Contactless payment systems are credit cards and debit cards, key fobs, smart cards or other devices, including smartphones and other mobile devices, that use radio-frequency identification (RFID) or near field communication (NFC, e.g. Samsung Pay, Apple Pay, Google Pay, Fitbit Pay or any bank mobile application that supports contact;ess) for making secure payments, as opposed to the direct transfer of cash between buyer and seller.

(6) Essential businesses described in NAC 414.XXX(l)(s) may only serve one customer or group of customers that originate at the same address at the same time or are members of the same household. “Pooling” customers is prohibited.

(7) Essential businesses described in NAC 414.XXX(l)(x) must conform to any further regulation and guidelines promulgated by the Nevada Department of Health and Human Services.

(e) In addition to the general requirement described in 3(a), (b), & (c), the following Nonessential Businesses described in Section 2 are subject to the following restrictions:

(1) Zoos and aquariums, referenced in 2(a), must close to the public but may maintain essential operations by staff members for the health and safety of animals.

(2) Pubs, wineries, bars and breweries, as referenced in 2(g), may provide meals on a takeout, curbside pickup, delivery or drive-through basis.

(3) Gaming machines and gaming operations, as referenced in 2(h), do not include online gaming or mobile wagering operations.