As part of continuing efforts to reverse a significant increase in the spread of COVID-19 in Arizona, Governor Doug Ducey has signed new Executive Order (2020-43), prohibiting large gatherings, stopping the issuance of new special event licenses, and halting the operations of bars, gyms, movie theaters, and waterparks.

The new EO states that the following establishments must pause operations until at least July 27, 2020:

• Bars with a series 6 or 7 liquor license, or whose primary business is the sale or dispensing of alcoholic beverages. However, these entities may continue serving the public through pickup, delivery, and drive-thru operations;
• Indoor gyms and fitness clubs or centers;
• Indoor movie theaters; and
• Waterparks and tubing operators.

The EO will be reconsidered for repeal or revision after July 27, 2020. At that time, businesses seeking to resume operations must demonstrate compliance with public health guidance as determined by the Arizona Department of Health Services (ADHS).

ADHS Compliance; Local Enforcement

To receive authorization to reopen, businesses must complete and submit a form as prescribed by the ADHS that attests the business is in compliance with guidance issued by ADHS related to COVID-19. The form also must be posted in a visible, public place on the entity’s premises.

ADHS will provide information on its public website regarding entities that have completed and submitted the necessary paperwork.

The EO gives local law enforcement the authority to take immediate action against an entity that operates without first submitting the required form to the ADHS. Businesses are subject to summary suspension of any license that the business holds if they fail to follow the new EO or any guidance issued by ADHS relating to COVID-19.

Additional Mandates

Organized public events of more than 50 people are prohibited, unless the city, town or county in unincorporated areas has approved the event, and only if adequate safety precautions are implemented, including physical distancing measures. The Department of Liquor Licenses and Control must cease issuing Special Event licenses and Festival/Fair licenses through July 27, 2020.

Pools operated as part of a public accommodation (such hotel pools) must prohibit groups larger than 10 from congregating together in or near the pool. However, privately owned pools located in public areas (such as pools at multi-housing complexes) may remain open, so long as they post signage at all entrances reminding people to maintain physical distance and encouraging groups larger than 10 not to congregate.

Additionally, the first day of school for in-person learning in Arizona is delayed until August 17, 2020. Schools will be able to conduct distance learning before then if they choose.

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Reopening orders contain extensive requirements creating compliance issues that can vary significantly depending on the specific state or local jurisdiction.