On March 15, 2021, Los Angeles County officially entered into the state’s Red Tier, permitting indoor dining at 25% occupancy. The County’s Department of Public Health issued a revised Public Health Order (the “Order”) with new protocols for indoor dining, outdoor dining and worker safety in light of the reopening.

Indoor Dining

With regard to indoor dining, restaurants are permitted to reopen at 25% occupancy, based on applicable Building or Fire Code occupancy limits, or 100 people, whichever is less. Only members of the same household can be seated together at the same table in the indoor dining area. Restaurants are required to verbally inform customers prior to seating that everyone sharing a table indoors must be from the same household. Only restaurants, not bars, wineries or taprooms, are permitted to offer indoor dining. Tables must be spaced eight feet apart. 

Additionally, restaurants are prohibited from hosting receptions, banquets and other coordinated events indoors. Restaurants offering indoor dining are not permitted to offer live entertainment or bar service.

A facility’s indoor dining area must allow for the free flow of outdoor air through the entire space to reduce the risk of COVID-19 transmission for customers and staff.  This includes leaving doors and windows open where possible.

Outdoor Dining

Outdoor dining restrictions have been slightly loosened in that members from up to three different households may now be seated together at the same table in the outdoor dining area. Maximum capacity at one table is six people.  

Outdoor structures that do not meet the State’s criteria for an outdoor setting are classified as indoor settings, and any customers within them will be counted and included as part of the establishment’s 25% total indoor occupancy limit.

Tracking Capacity

The Order requires restaurants to “strictly and continuously meter the entry and exit of customers at all entrances in order to track occupancy to ensure compliance with capacity limits.” The Order warns that “establishments that are insufficiently or not metering or appear to be over-capacity, may, at the discretion of the public health inspector, be temporarily closed until these issues are rectified as determined by the onsite public health inspector.”

Mask Recommendation

The Order also recommends that restaurant operators that open for indoor dining provide employees with masks that are more effective at protecting against small aerosol transmission, including but not limited to fit-tested N95 masks, KN95 masks and double-masks, given the higher risk of COVID-19 spread indoors in a restaurant setting.

Ventilation Requirements

Restaurants are required to have their HVAC system inspected by an HVAC Specialist within 30 days of reopening for indoor dining to confirm that the system is in good, working order. Restaurants must ensure that ventilation has been increased to the maximum extent possible.