New Jersey Gov. Phil Murphy has issued a series of Executive Orders in response to the coronavirus outbreak, with each escalating the state’s efforts to contain the virus' spread. By Executive Order No. 102, on February 3, 2020, he created the State’s Coronavirus Task Force to coordinate the state’s preparation and response to the virus. By Executive Order No. 103, on March 9, 2020, a State of Emergency was declared to put additional resources at the governor's disposal.

With “social distancing” guidelines already in place, on March 16, 2020, the governor issued Executive Order No. 104, which, in addition to closing schools, places significant restrictions on social interactions and impacts a number of industries.

All gatherings must be limited to 50 persons or fewer with certain exceptions.

• Mass transit sites such as airports or bus and train stations are excluded.
• Medical facilities, office environments, factories, industrial or manufacturing work, or construction sites are also excluded.
• The Order makes an exception for the purchase of groceries or consumer goods, but “consumer goods” is not defined and could be construed broadly.

Effective 8 p.m. on March 16, 2020, the Order completely shuts down the following facilities:

• Casino gaming floors, including retail sports wagering lounges and casino concert and entertainment venues.
• Racetracks, including stabling facilities and retail sports wagering lounges.
• Gyms and fitness centers and classes.
• Entertainment centers, including but not limited to, movie theaters, performing arts centers, other concert venues, and night clubs.
• The State Director of Emergency Management is given authority to make additions, clarifications, amendments, exceptions or exclusions from this list.

All “non-essential” retail, recreational, and entertainment businesses must close between 8 p.m. and 5 a.m.

• From 5 a.m. to 8 p.m., these businesses can remain open if they limit capacity to 50 people or less and adhere to social distancing guidelines.
• “Non-essential” is undefined, but the Order does provide examples of “essential” businesses, which include grocery stores, pharmacies, medical supply stores, gas stations, healthcare facilities, and ancillary stores with healthcare facilities.
• The Order also gives the State Director of Emergency Management authority to revise this provision as necessary.

All restaurants, dining establishments and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges, are permitted to operate their normal business hours, but are limited to delivery and/or takeout services.

• Alcohol sales from these establishments are limited to original containers sold from the principal public barroom.
• Retail sale of alcohol by breweries, wineries, and distilleries must be in original containers and must be delivered by licensed entities and/or by customer pickup.

Executive Order 104 represents New Jersey's most drastic move yet in response to the virus, but is in line with what other states like New York and Ohio are doing. As this remains a very fluid situation, even more steps to contain the virus are likely to come.

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