Office OF THE Mayor: Cit Y AND County OF Honolulu
Office OF THE Mayor: Cit Y AND County OF Honolulu
Office OF THE Mayor: Cit Y AND County OF Honolulu
GEORGETTE T. DEEMER
DEPUTY MANAGING DIRECTOR
August 6, 2020
AUTHORITY
By the authority vested in me as Mayor of the City and County of Honolulu (the “City”)
pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as
amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the
Hawaiʻi Revised Statutes, as amended (“Haw. Rev. Stat.”); the Constitution and laws of the
State of Hawaiʻi (the “State”); I, KIRK W. CALDWELL, hereby issue this order, Act With Care
– Do Not Gather (“Order”), to further address the emergency declared in the Proclamation
COVID-19 [Novel Coronavirus] that I issued on March 4, 2020, Supplemental Proclamation of
Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued on March 18, 2020, the
Second Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus])
that I issued May 6, 2020 Third Supplemental Proclamation of Emergency or Disaster (COVID-
19 [Novel Coronavirus]) that I issued June 20, 2020, and the Fifth Supplemental Proclamation of
Emergency or Disaster (COVID-19 [Novel Coronavirus]) I issued August 6, 2020.
OVERVIEW
The virus that causes Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially
in group settings, and it is essential that the spread of COVID-19 be slowed to protect the ability
of public and private health care providers to handle the influx of new patients and to safeguard
public health and safety. This Order addresses these ongoing concerns.
Towards the start of the COVID-19 pandemic, the City issued a Stay at Home / Work from
Home Order (Emergency Order 2020-2) (“Stay at Home Order”) that generally required
individuals to shelter in place at their residence, with limited exceptions (for essential businesses
and certain activities). The Stay at Home Order (as amended) along with the State’s coordinated
efforts accomplished the City’s goals of slowing the spread of COVID-19 and provide the City
additional time to prepare for the pandemic, while the virus spread quickly throughout the world.
Through successive orders, the City then began the gradual process of reopening certain
Designated Businesses and Operations, and allowing individuals to engage in more activities
outside of their residence (with spread mitigations measures), in an attempt to bring back the
economy and a sense of normalcy, while limiting the spread of COVID-19.
This Order builds upon the framework of the Stay at Home Order. Section I sets forth the
“Orders” which mandate what is and what is not permitted within the City at this time. Section
II provides definitions of the capitalized terms contained in the Orders and the exemptions to the
Orders, including Designated Businesses and Operations, which represent the businesses and
operations that were allowed to operate after the initial strict Stay at Home Order proved
successful. “Designated Businesses and Operations” are defined as the businesses and
operations listed in Exhibit A of this Order (along with their respective mitigations measures).
Section III outlines the basis for the Order, and Section IV explains the Order’s intent for
interpretation purposes, and Section V contains general provisions relating to the Order’s effect
on prior orders, duration, enforcement, posting, and severability of the Order.
At present time, there is a resurgence of COVID-19 within the City due to large gatherings in
uncontrolled environments. To protect the public health and for the long-term benefit of the
economy, the City must take measures through this Order, including slowing the reopening
process and limiting certain activities and businesses again to reduce the spread of COVID-19.
This Order is effective at 12:00 a.m. on August 8, 2020, and will continue through September
4, 2020, subject to the limited exceptions and under the terms and conditions more particularly
set forth below.
Pursuant to Haw. Rev. Stat. § 127A-25 and the Rules of the Mayor City and County of
Honolulu, dated March 20, 2020 (“Mayor’s Rules”) promulgated under that section, each of the
orders contained in this Order (“the Orders”) shall have the force and effect of law. The Orders
are in accordance with and incorporate by reference all of my prior COVID-19 related
emergency proclamations; and Hawaiʻi Governor David Y. Ige’s COVID-19-related emergency
proclamations.
I. ORDERS
Order 1: All individuals currently living within the City are ordered to stay at their place of
residence. To the extent individuals are using shared or outdoor spaces, they must at all times as
reasonably possible maintain physical distancing of at least six (6) feet from any other person
when they are outside their residence and comply with Social Distancing Requirements (as
defined in Section II.K). All persons may leave their residences only for Essential Activities,
Essential Governmental Functions, or to operate or visit Essential Businesses or Designated
Businesses and Operations, as those terms are defined in Section II. Individuals experiencing
homelessness are exempt from this section, but are strongly urged to obtain shelter, and
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governmental and other entities are strongly urged to make such shelter available as soon as
possible and to the maximum extent practicable (and to use COVID-19 risk mitigation practices
in their operation).
Order 2: All businesses with a facility in the City, except Essential Businesses (as defined in
Section II.F.) and Designated Businesses and Operations (as defined in Section II.G.), are
required to cease all activities within such facilities, except Minimum Basic Operations (as
defined in Section II.H.). For clarity, businesses may also continue operations consisting
exclusively of employees or contractors performing activities at their own residences (i.e.,
working from home). All Essential Businesses and Designated Businesses and Operations are
strongly encouraged to remain open. To the extent applicable and to the greatest extent feasible,
Essential Businesses and Designated Businesses and Operations shall comply with Social
Distancing Requirements, including the six-foot physical distancing requirement for both
employees and members of the public (including customers standing in line inside and outside of
the facility).
Order 3: Gatherings.
A. Outdoor social gatherings of up to ten (10) individuals (regardless of household or
living unit affiliation) are permitted. Physical distancing of at least six (6) feet
between members of different households/living units within a gathering (of up to
ten (10) individuals) must be maintained. Also, face coverings must be worn in
accordance with Order 5. There shall be no mingling between separate outdoor
social gatherings. Outdoor social gatherings involving over 10 individuals are
prohibited.
B. Indoor social gatherings of up to ten (10) individuals are permitted. Physical
distancing of at least six (6) feet between members of different households/living
units within a gathering (of up to ten (10) individuals) must be maintained. Also,
face coverings must be worn in accordance with Order 5. Indoor social
gatherings involving over 10 individuals are prohibited.
C. All other public and private gatherings are prohibited, except as permitted in
Section II. Nothing in this Order prohibits the gathering of members of a
household or living unit on their property (including shared common areas).
Order 4: All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle,
automobile, or public transit, except Essential Travel and Essential Activities (as defined in
Section II), is prohibited. People must use public transit only for purposes of performing
Essential Activities; or to travel to and from Essential Businesses, or Designated Businesses and
Operations; or maintain Essential Governmental Functions. People riding on public transit must
comply with Social Distancing Requirements, as applicable and to the greatest extent feasible.
This Order allows travel into or out of the City to perform Essential Activities, operate or visit
Essential Businesses, operate or visit Designated Businesses and Operations, or maintain
Essential Governmental Functions.
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Order 5: Non-Medical Grade Face Coverings.
All individuals within the City shall wear face coverings while outdoors in public spaces when
maintaining a physical distance of six (6) feet from persons who are not members of the same
household or living unit is not feasible.
All individuals within the City shall wear face coverings while indoors in public spaces,
including, but not limited to, enclosed common areas of commercial and residential buildings.
All employees who work at businesses or perform services at Essential Businesses, as provided
in Section II.F. of this Order, and Designated Businesses and Operations, as provided in Section
II.G. of this Order, and City departments shall wear non-medical grade face coverings over their
noses and mouths when engaged and interacting with customers, visitors, and other employees of
the Essential Business, Designated Business and Operation, or City department at issue.
All customers and visitors of businesses and organizations defined as Essential Businesses, as
provided in Section II.F. of this Order, and Designated Businesses and Operations, as provided in
Section II.G. of this Order, and City departments shall wear non-medical grade face coverings
over their noses and mouths to provide additional protection for employees and customers of
Essential Businesses, Designated Businesses and Operations, and City department at issue.
All passengers and users of public modes of transportation (TheBus and TheHandi-Van) shall
wear non-medical grade face coverings over their noses and mouths when on board.
An owner or operator of an Essential Business under this Order, Section II.F. or Designated
Business and Operation under this Order, Section II.G., or City department may refuse admission
or service to any individual who fails to wear face coverings.
Face coverings under this Order may not be worn only under the following circumstances:
Within banks, financial institutions, or using automated teller machines where the
inability to verify the identity of the customer or visitor of the bank, financial
institution or automated teller machine poses a security risk;
By individuals with medical conditions or disabilities where the wearing of a face
covering may pose a health or safety risk to the individual;
By individuals engaging in physical activity outdoors where physical distancing
can be maintained (e.g., walking, jogging, hiking, etc.);
By children under the age of 5;
By first responders (Honolulu Police Department, Honolulu Fire Department,
Honolulu Emergency Services Department) to the extent that wearing non-
medical grade face coverings may impair or impede the safety of the first
responder in the performance of his/her duty;
By children in childcare, educational, and similar facilities consistent with the
latest guidance from the Centers for Disease Control and Prevention (“CDC”) for
such facilities;
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As allowed by another provision of this Order.
The wearing of face coverings under this Order is intended to complement, not serve as a
substitute, for physical distancing and cleanliness.
Definition: “Non-medical grade face covering” or “face covering” as used in this Order, means a
tightly woven fabric without holes that is secured to the head with either ties or straps, or simply
wrapped and tied around the wearer’s nose and mouth. It can be made of a variety of fabrics
such as cotton, silk, or linen and may be factory-made, sewn by hand, or made from household
items such handkerchiefs, scarfs, or shirts.
Recommendation: This Order requires non-medical grade face coverings to be worn in certain
circumstances. Individuals who are unable to wear a non-medical grade face covering due to
medical conditions or disabilities where the wearing of a face covering may pose a health or
safety risk to the person are encouraged to wear a face shield instead.
Any seller of non-medical grade face coverings or materials or supplies to make or manufacture
such face coverings shall abide by Haw. Rev. Stat. § 127A-30.
City and County of Honolulu parks and botanical gardens (“City Parks”) and State of Hawai’i
parks within the City (“State Parks”), are closed for use except as set forth below:
A. Individuals may travel through City and State Parks to engage in and return from
ocean activities such as surfing, solo paddling, swimming, and other activities
allowed by law.
B. Individuals may travel through City and State Parks to use comfort stations and
showers which shall remain open.
C. Shooting and archery ranges may remain open as determined by the City’s
Department of Parks and Recreation.
D. To the extent applicable, fishing is permitted, but no group of two (2) or more
individuals may engage in fishing and gathering.
E. Individuals may travel through City Parks to drop off election ballots at drop
boxes.
A. For purposes of this Order, individuals may leave their residence only to perform
any of the following “Essential Activities.” However, people at high risk of
severe illness from COVID-19 and people who are sick are urged to stay in their
residence to the extent possible, except as necessary to seek medical care.
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or to the health and safety of their family or household members
(including, but not limited to, pets), such as, by way of example only and
without limitation, obtaining medical supplies or medication, visiting a
health care professional, or obtaining supplies needed to work from home.
B. For purposes of this Order, individuals may leave their residence to work for or
obtain services at any “Healthcare Operations” including hospitals, clinics,
dentists, pharmacies, pharmaceutical and biotechnology companies, other
healthcare facilities, healthcare suppliers, home healthcare services providers,
mental health providers, or any related and/or ancillary healthcare services,
organizations collecting blood, platelets, plasma, and other necessary materials,
licensed medical marijuana dispensaries and licensed medical marijuana
production centers, eye care centers, including those that sell glasses and contact
lenses. “Healthcare Operations” also includes veterinary care and all healthcare
services provided to animals. Further, “Healthcare Operations” includes prepaid
health care plan contractors as that term is defined under Haw. Rev. Stat. ch. 393,
and other employer-sponsored health and welfare benefit plans, and/or individual
or group health insurance plans that provides healthcare insurance benefits for
payment or reimbursement for healthcare services provided by Healthcare
Operations. This exemption shall be construed broadly to avoid any impacts to
the delivery of healthcare, broadly defined. “Healthcare Operations” does not
include fitness and exercise gyms and similar facilities.
C. For purposes of this Order, individuals may leave their residence to provide any
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services or perform any work necessary to the operations and maintenance of
“Essential Infrastructure,” including, but not limited to, public works
construction, construction of housing (in particular affordable housing or housing
for individuals experiencing homelessness), airport operations, water, sewer, gas,
electrical, oil refining, roads and highways, public transportation, solid waste
collection and removal, internet, and telecommunications systems (including the
provision of essential global, national, and local infrastructure for computing
services, business infrastructure, communications, and web-based services),
provided that they carry out those services or that work in compliance with Social
Distancing Requirements to the extent applicable and reasonably possible. This
Order shall be construed and applied in compliance and consistent with the United
States Department of Homeland Security, Cybersecurity & Infrastructure Security
Agency Memorandum on Identification of Essential Critical Infrastructure
Workers During COVID-19 Response, updated March 28, 2020 (and any
subsequent updates and guidance memoranda thereto).
E. For the purposes of this Order, covered businesses include any for-profit, non-
profit, or educational entities, regardless of the nature of the service, the function
they perform, or its corporate or entity structure.
4. Businesses that provide food, shelter, and social services, and other
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necessities of life for economically disadvantaged or otherwise needy
individuals;
6. Gas stations and auto and bicycle supply, auto and bicycle repair, towing
services, and related facilities;
8. Hardware stores;
10. Businesses providing mailing and shipping and delivery services, and
businesses that ship or deliver groceries, food, alcoholic and non-alcoholic
beverages, goods or services to residences and end users or through
commercial channels, and including post office boxes;
13. Restaurants and other facilities that prepare and serve food, but only for
delivery or carry out.
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provide food services under this exemption shall not permit the
food to be eaten at the site where it is provided, or at any other
gathering site;
14. Businesses that supply products needed for people to work from home;
16. Airlines, taxis, and other private transportation providers, vehicle rental
services, paratransit, and other private, public, and commercial
transportation and logistics providers providing transportation services
necessary for Essential Activities and other purposes expressly authorized
in this Order;
17. Home-based care for seniors, adults, or children, and/or people with
developmental disabilities, intellectual disabilities, substance use
disorders, and/or mental illness, including care givers such as nannies who
may travel to the child’s home to provide care, and other in-home services,
including meal delivery;
18. Residential facilities and shelters for seniors, adults, and children, and/or
people with developmental disabilities, intellectual disabilities, substance
use disorders, and/or mental illness;
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21. Businesses that provide food, shelter, and other necessities of life for
animals, including animal shelters, rescues, kennels, and adoption
facilities, provided they must comply with Social Distancing
Requirements to the extent applicable and reasonably possible;
22. Hotels and motels, to the extent used for lodging; and service providers to
hotels and motels that provide services that are necessary to maintaining
the safety, sanitation, and essential operations of the hotel and/or motel,
provided that they must comply with Social Distancing Requirements to
the extent applicable and reasonably possible;
25. Critical labor union functions that are essential activities that include the
administration of health and welfare funds and personnel checking on the
well-being and safety of members providing services in Essential
Businesses or Designated Businesses and Operations, provided that these
checks should be done by telephone or remotely;
26. Licensed private detectives and agencies and guards and agencies as those
terms are defined under Haw. Rev. Stat. ch. 463;
b. Only two customers are allowed in the Fabric Store at a time, and
the Fabric Store has implemented effective procedures to prevent
any line from forming outside (appointment-only system, etc.);
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c. All orders from the Fabric Store, other than those to be made in
person pursuant to sub-section II.F.27.b. (above), are facilitated
exclusively online, or by other remote means;
e. In-person and pick-up orders from the Fabric Store are solely for
the purpose of obtaining materials necessary to make masks; and
G. For the purposes of this Order, “Designated Businesses and Operations” are
listed and defined in the attached Exhibit A.
H. For the purposes of this Order, “Minimum Basic Operations” include the
following, provided that employees comply with Social Distancing Requirements
to the extent applicable and reasonably possible, while carrying out such
operations:
I. For the purposes of this Order, “Essential Travel” includes travel for any of the
following purposes. Individuals engaged in any Essential Travel must comply
with all Social Distancing Requirements to the extent applicable and reasonably
possible.
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3. Travel to or from educational institutions for purposes of receiving
materials for distance learning, for receiving meals, and any other related
services.
J. For purposes of this order, residences include hotels, motels, shared rental units,
and similar facilities.
1. High risk populations. Elderly and others at high risk for COVID-19 are
urged to stay in their residences to the extent possible, except as necessary
to seek medical care.
2. Persons who are sick. Persons who are sick or have a fever or cough or
are exhibiting symptoms such as shortness of breath or difficulty
breathing, chills, repeated shaking with chills, muscle pain, headache, sore
throat, or new loss of taste or smell, are urged to stay in their residences to
the extent possible, except as necessary to seek medical care.
3. Personal hygiene. Persons are encouraged to wash their hands with soap
and water for at least twenty seconds as frequently as possible or use hand
sanitizer, cover coughs and sneezes (into the sleeve or elbow, not hands),
regularly clean high-touch surfaces, and avoid unnecessary contact with
others (shaking hands, etc.).
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customers that may be accommodated while maintaining the specified
separation distance and limiting the number of customers in the facility or
at the operation to that maximum number at any time, to the extent there is
no conflict with any existing law or order.
6. Face Coverings. All persons shall comply with the Non-Medical Grade
Face Coverings requirements set forth in Order 5 of this Order.
This Order is issued based on evidence of COVID-19 within the City, as reported by the Centers
for Disease Control and Prevention (CDC), the State Department of Health, and guidance from
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the City’s medical advisory experts, scientific evidence and best practices regarding the most
effective approaches to slow the transmission of communicable diseases generally and COVID-
19 specifically, and evidence that the age, condition, and health of a significant portion of the
population of the City places it at risk for serious health complications, including death, from
COVID-19. Due to the outbreak of the COVID-19 virus in the general public, which is a
pandemic according to the World Health Organization, there is a public health emergency
throughout the City. In addition, some individuals who contract the COVID-19 virus have no
symptoms or have mild symptoms, which means they may not be aware they carry the virus.
Because even people without symptoms can transmit the virus, and because evidence shows that
it is easily spread, gatherings can result in preventable transmission of the virus.
The scientific evidence shows that at this stage of the emergency, it is essential to continue to
slow virus transmission as much as possible to protect the most vulnerable and to prevent the
health care system from being overwhelmed, while also restoring the local economy. One
proven way to slow the transmission is to limit interactions among people to the greatest extent
practicable. This Order helps preserve critical and limited healthcare capacity in the City while
taking steps to revive the economy and begin to recover as a community.
This Order also is issued in light of the existence of 2,394 COVID-19 cases (and 20 deaths) in
the City, as well as at least 2,763 total confirmed COVID 19 cases (and 27 deaths) in the State of
Hawaiʻi, as of August 5, 2020.
IV. INTENT
The intent of this Order is to ensure that the maximum number of people self-isolate in their
places of residence to the maximum extent feasible to continue to slow the spread of COVID-19
to the maximum extent possible, while also enabling essential services and the reopening of
designated businesses and operations with modifications to re-establish continuity of social and
commercial life. When people need to leave their places of residence, whether to obtain or
perform vital services, or to otherwise facilitate authorized activities necessary for continuity of
social and commercial life, they shall, as applicable and at all times reasonably possible, comply
with Social Distancing Requirements as defined in Section II.K. The intent is also to ensure that
when people within the City interact with one another they maintain six (6) feet of physical
distance from others, and wear face coverings (especially when indoors). All provisions of this
Order should be interpreted to effectuate this intent.
V. GENERAL
B. Duration. This Order shall take effect at 12:00 a.m. on August 8, 2020, and shall
continue in force and effect through September 4, 2020, or until it is extended,
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C. Enforcement. All law enforcement of the State of Hawai’i and City shall ensure
compliance with and enforce these Orders in accordance with Haw. Rev. Stat.
§
I 27A-29 and Mayor’s Rules.
Date: ..O
Time:
APPROVED:
PAUL S. AOKI
Acting Corporation Counsel
City and County of Honolulu
APPROVED:
DAVID
Governor
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EXHIBIT A
1. Beaches. Consistent with Governor David Y. Ige’s COVID-19 related proclamations and
approval of this Order, all beaches and sand bars within the City are closed except:
a. To transit across or through beaches to access the ocean waters for outdoor
exercise purposes, such as surfing, solo paddling, and swimming. No person shall
otherwise walk, run, sit, stand, lie down, lounge, sunbathe, or loiter on any state
beach or sand bar in Hawai’i.
b. The beach or sand area may only be used from sunrise to sunset, unless the person
is engaged in shore fishing or permitted outdoor exercise.
2. Public and private golf courses within the City operating in accordance with
the Phase 1 guidelines set forth in the Professional Golfers’ Association/Aloha Section’s
“Procedures for Reintroduction to the Game and Business of Golf” as may be
updated/amended and to the extent reasonably practicable.;
3. Certain real estate services (effective June 5, 2020). All real property sales and
management activities should be accomplished by remote/electronic means whenever
possible. Starting June 5, 2020, whenever in-person real property sales and management
activities are warranted, and subject to the following restrictions and conditions, the
services shall constitute a Designated Business and Operation:
a. Restrictions:
i. Any open house, brokers’ open, meeting with client(s), property viewings,
inspections, appraisals, or similar events shall be limited in number of
attendees in accordance with Order 3 of this Order, and comply with
Social Distancing Requirements to the extent applicable and reasonably
possible, except that all persons shall comply with the Non-Medical Grade
Face Coverings requirements set forth in Order 5 of this Order.
4. New and used car and truck dealerships - sales and leasing activities (with restrictions).
Licensed new and used car and truck dealerships provided they first develop and
implement appropriate COVID-19 mitigation plans and procedures consistent with City,
State, and CDC guidelines, including, but not limited to: measures to ensure compliance
with Social Distancing Requirements to the extent applicable and reasonably possible,
except that all persons shall comply with the Non-Medical Grade Face Coverings
requirements set forth in Order 5 of this Order; and limitations on gatherings consistent
with Order 3 of this Order.;
5. Automated service providers. Service providers that do not require human interaction
between the service provider and the customer, including, but not limited to, fully
automated car washes; provided that the service provider implements sanitation measures
consistent with CDC guidelines - https://www.cdc.gov/coronavirus/2019-
ncov/community/disinfecting-building-facility.html.;
6. Mobile service providers. Businesses that provide services on a mobile basis in which no
human interaction between the service provider and the customer, including, but not
limited to, mobile pet grooming and car washing/detailing businesses; provided that the
service provider implements sanitation measures consistent with CDC guidelines -
https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-
facility.html;
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a. Each retail and service business must set and maintain an occupancy limit for
their facilities that allows employees, customers, and visitors to maintain at least
six-feet of physical distance from one another at all times, and which complies
with other applicable law. Alternatively, such businesses may continue to limit
occupancy to no more than one (1) person per 200 square feet of the gross
operation area (which equates to approximately 50 percent of the maximum
occupancy load).
b. Social Distancing Requirements (as defined in Section II.K.) are adhered to at all
times to the extent applicable and reasonably practicable, except that all persons
shall comply with the Non-Medical Grade Face Coverings requirements set forth
in Order 5 of this Order.
c. The City’s “COVID-19 Guidance for Businesses”
(https://www.oneoahu.org/business-guidance) and applicable guidance from the
CDC (available at https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html) are followed to the
greatest extent possible.
d. If fitting rooms are made available, precautions must be taken to mitigate the
spread of COVID-19, including frequent sanitizing of frequently touched
surfaces, quarantining tried on merchandise for at least 24 hours, and ensuring
appropriate physical distancing can be maintained in the fitting room area.
10. Drive-in services. Starting on May 15, 2020, drive-in services (e.g., spiritual/religious
services) may be conducted provided all of the following:
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a. All persons attending the service must drive up in an enclosed vehicle and remain
in that same vehicle during the entire service.
b. Vehicle windows, sunroofs and convertible tops must remain closed during the
entire service, unless the vehicle is parked more than six (6) feet away from any
other vehicle.
c. Each vehicle may only be occupied by members of the same household or living
unit.
d. All City, state, and federal laws related to vehicle operation must be followed.
e. Organizers and employees of the services must follow current City, State, and
CDC guidelines.
11. In-person spiritual services. In-person spiritual services may be conducted provided all
of the following are implemented:
a. All persons present at the service must maintain six (6) feet of physical distance
between others, except members of the same household or living unit. Organizers
are encouraged to limit the number of persons attending their in-person spiritual
services to ensure this physical distancing requirement is met.
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viii. Signage.
ix. Limiting community sharing of worship materials and other frequently
touched items.
x. Prohibiting, or limiting and mitigating, activities that involve singing (or
similar activities that increase the presence and propulsion of respiratory
droplets in the air), as such activities may significantly increase the risk of
spreading COVID-19.
12. Restaurants. This section applies to restaurants only. For purposes of this section, a
“Restaurant” means a place which is regularly and in a bona fide manner used and kept
open for the serving of meals to patrons for compensation and which has suitable kitchen
facilities connected therewith, containing the necessary equipment and supplies for
cooking an assortment of foods which may be required for ordinary meals. Additionally,
to be considered a “Restaurant” under this section, at least thirty percent (30%) of the
establishment’s gross revenue must derive from the sale of foods. Restaurants in the City
may provide seated table service dining under the following requirements, conditions,
and privileges:
a. General.
i. Continued compliance with all State of Hawai‘i and City regulatory and
legal standards for operating a food services business.
ii. Compliance with Social Distancing Requirements (as modified by this
“Restaurants” section).
iii. Development, posting, and implementation of written protocols
(“COVID-19 Mitigation Plan”) consistent with this section; Centers for
Disease Control and Prevention (“CDC”) guidance (available here:
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-
business-response.html), as updated or superseded; and, to the extent
practicable, the National Restaurant Association’s Reopening Guidance
(available at https://restaurant.org/Downloads/PDFs/business/COVID19-
Reopen-Guidance.pdf) .
b. Operations.
i. Face coverings (as defined in Order 5).
Employees - All restaurant employees must wear face coverings
during their shifts, consistent with Order 5 of the Order.
Customers - Customers must wear face coverings when entering
and leaving the restaurant facility, consistent with Order 5 of the
Order. Customers may remove the face coverings while seated,
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but they are encouraged to wear face coverings when not actively
eating or drinking.
ii. Group dining is limited to a maximum of ten (10) individuals per group.
iii. Seating shall be arranged so that six (6) feet of separation is maintained
between dining groups. No standing bar/dining areas are allowed.
iv. Prohibit groups within the restaurant from intermingling.
v. Condiments shall be by request in single-use disposable packets, or
reusable condiment containers that are sanitized between parties.
vi. Tables and chairs must be fully sanitized after each group (or individual
customer) leaves the restaurant.
vii. When non-disposable dishware and utensils are used, they must be
sanitized after each use consistent with Hawaii Department of Health
guidance and regulations, and “best practices” of the U.S. Food & Drug
Administration (“FDA”) (available here: https://www.fda.gov/food/food-
safety-during-emergencies/best-practices-re-opening-retail-food-
establishments-during-covid-19-pandemic), as updated or superseded.
viii. Provide disposable menus or menu boards, or sanitize reusable menus
after each use.
ix. Hourly touch-point sanitization (workstations, equipment, screens, door
knobs, restrooms, etc.) required.
x. No self-service buffets or drink stations.
xi. Generally, singing and playing wind instruments are prohibited. However,
singing and/or playing wind instruments may be performed outdoors
provided all of the following:
Any person(s) singing and/or playing a wind instrument shall maintain
physical distancing of at least ten (10) feet from any other person(s)
while singing and/or playing a wind instrument. Members of the same
performing group singing and/or playing a wind instrument may be
closer than ten (10) feet together while performing.
To the extent reasonable and practicable, a physical barrier (e.g.,
plexiglass) of sufficient size to mitigate the spread of COVID-19 shall
separate any person(s) singing and/or playing a wind instrument from
any other person(s), but not including members of the same
performing group.
Singing and/or playing wind instruments may be performed indoors
provided all of the following:
Any person(s) singing and/or playing a wind instrument shall maintain
physical distancing of at least ten (10) feet from any other person(s)
while singing and/or playing a wind instrument. Members of the same
performing group singing and/or playing a wind instrument may be
closer than ten (10) feet together while performing.
A physical barrier (e.g., plexiglass) of sufficient size to mitigate the
spread of COVID-19 shall separate any person(s) singing and/or
6
playing a wind instrument from any other person(s), but not including
members of the same performing group.
For purposes of subsection b.xi. “performing group” means persons
who are compensated for singing and/or playing a wind instrument.
xii. Additional restrictions for restaurants holding a liquor license. For
restaurants operating under this section that hold a liquor license issued by
the Liquor Commission of the City and County of Honolulu, State of
Hawaii, (including Class 2, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, or 18 liquor
licenses), the following restrictions and penalties also apply:
d. Staffing.
7
ii. When an active employee is identified as being COVID-19 positive by
testing, cleaning and disinfecting must be performed as soon after the
confirmation of a positive test as practical consistent with CDC guidance.
iii. CDC guidance can be found online at:
https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-
building-facility.html
i. Have customers enter and exit through different entries using one-way
traffic, where possible.
ii. Start or continue entryway, curbside, and home delivery.
iii. Encourage making reservations, preordering for dine-in service, and
ordering for contactless pickup and delivery either by telephone or other
remote means.
iv. Implement cashless and receiptless transactions.
g. Pilot sidewalk/outdoor dining privilege. From the effective date of this section,
through the termination of Mayor’s COVID-19-related Emergency Proclamation
(as supplemented or extended), restaurants abutting City property may use City
Property for dining and take-out operations under the following conditions:
i. The restaurant must be on the ground floor and abut paved City property
ii. Upon 24-hour’s notice, the restaurant must vacate City prop erty
for regular maintenance by City (e.g. steam cleaning).
iii. The restaurant are responsible for own equipment, furniture, and supplies,
which must be stored elsewhere during closed hours.
iv. The utilized City property may only be used by the restaurant during
its business normal hours, but shall not be used between the hours
of 11:00 p.m. and 7:00 a.m.
v. The restaurant is responsible for compliance with any additional
requirements relating to its Hawaii Department of Health Food
Establishment Permit.
vi. Liquor sales, if any, on the utilized City property must be authorized
under the restaurant’s liquor license and applicable law.
vii. No additional signage is permitted within the utilized City property.
viii. Dining services must be consistent with the requirements of this section,
including Social Distancing Requirements and physical spacing of tables
and customers.
ix. Furniture must be located at least six (6) feet from any vehicular ramp,
driveway or street intersection.
x. No live or amplified music is allowed on the utilized City property.
xi. Furniture shall not be placed over planter strips and tree wells
xii. Furniture shall be outside an eight (8)-foot radius around bus stops and a
five (5)-foot radius around fire hydrants.
xiii. All fire lanes shall be open and accessible at all times.
xiv. The restaurant is responsible for rubbish collection.
8
xv. Restaurants must cease operations completely when Mayor’s COVID-19-
related Emergency Proclamation (as supplemented) is no longer in effect.
xvi. Violations of these requirements will result in forfeiture of this privilege.
xvii. Sidewalk/outdoor dining under this section may include parklets (i.e., use
of abutting parking/street spaces converted to dining space), subject to
pedestrian clearance, traffic, and safety issues as determined by the City
through the department(s) having authority over those issues.
xviii. Where sidewalks are present on all or part of the utilized City property, the
restaurant must ensure a clear right of way of at least 36 inches at all
times, (although 48 inches is recommended).
xix. For restaurants abutting “pedestrian malls”, as more specifically defined in
Section 29-1.1, et seq. of the Revised Ordinances of the City and County
of Honolulu 1990 (as amended), the following additional requirements
apply:
A clear 20-foot wide right of way to accommodate delivery
and emergency vehicles must be maintained at all times
Operation cannot exceed mall hours
No liquor service is allowed
All rubbish must be removed nightly
If the ground of the City property utilized consists of pavers,
the restaurant must take precautions to prevent and address
food, liquid, and grease spills
xx. For restaurants abutting a City park or playground, use of the City
Property is limited to seven (7) feet from property line, and no more
than one row of tables.
xxi. Activities permitted under this section may begin upon acceptance by the
City of a completed liability form and proof of insurance.;
13. Outdoor attractions with limitations. Public and private outdoor attractions such as zoos,
sea life attractions, water parks, recreational/commercial boating vessels (to the extent
permitted under the State’s COVID-19-related proclamations/orders and other applicable
law), campgrounds, outdoor markets (including People’s Open Markets), shooting
9
ranges, archery ranges, and similar outdoor facilities (“Outdoor Attraction(s)”) may
reopen under the following conditions:
a. Groups are limited to ten (10) individuals, and where multiple groups are present,
operators must implement measures to ensure that they maintain six (6) feet of
physical distance between each other at all times (i.e., no mingling between
groups).
b. To the greatest extent reasonably practicable, physical distancing of at least six
(6) feet between members of different households/living units should be
maintained; and face coverings should be worn at all times.
c. Operators must implement measures to ensure that participants and groups
waiting to use a facility or an activity open under this section maintain physical
distance of six (6) feet from one another at all times. Outdoor Attractions to open
under this section are encouraged, but not required, to implement a reservation
system to eliminate or reduce waiting times.
d. Indoor portions of the facility must remain closed, unless such portion is
authorized under another section of this Order and complies with any restrictions
imposed (e.g., retail and services businesses, etc.).
e. Individuals must comply with any lawful requirements imposed by the Outdoor
Attraction operator.
f. To the extent consistent with this section, and to the extent reasonably practicable:
(1) the facility operators and participants shall follow applicable guidance from
the CDC (available at https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html); and (2) established
and reputable COVID-19-related guidelines for the facility and the activity at
issue.
g. Nothing in this section requires a public or private Outdoor Attraction to open.;
14. Personal service providers. This section applies to barbers, beauty operators (including
cosmetologists, hairdressers, estheticians, and nail technicians/nail salon workers),
electrologists, tattoo/permanent makeup artists, massage therapists (non-health care
setting), tanning service providers, tailors/seamstresses, pet-trainers, and other similar
one on one personal service providers (collectively “Personal Service Providers”).
Starting May 29, 2020, Personal Service Providers in the City may resume operations
under the following requirements and conditions:
a. General.
i. Compliance with all State of Hawai‘i and City statutory and regulatory
requirements and standards for the service provided by the Personal
Service Provider. (E.g., barbers must comply with Haw. Rev. Stat. ch. 438
and Haw. Admin. R. § 16-73-1 et seq.; beauty operators must comply with
Haw. Rev. Stat. ch. 439 and Haw. Admin. R. § 16-78-1 et seq.; and both
barbers and beauty operators must comply with the Rules Relating to
Safety Guidelines for Barbers and Beauty Operators, attached as Exhibit I
10
to the Governor of the State of Hawaii’s Eighth Supplementary
Proclamation Related to the COVID-19 Emergency, issued on May 18,
2020 and available at https://governor.hawaii.gov/wp-
content/uploads/2020/05/2005088-ATG_Eighth-Supplementary-
Proclamation-for-COVID-19-distribution-signed.pdf. Massage therapists
must comply with Haw. Rev. Stat. ch. 452 and Haw. Admin. R. § 16-84-1
et seq.). All Personal Service Providers are encouraged to visit
https://cca.hawaii.gov/pvl/hrs/ to determine if they are regulated under
Hawaii law.
ii. Compliance with applicable CDC guidelines (available at
https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html.
iii. Compliance with standards and guidelines issued by industry-specific
associations or similar organizations of the respective Personal Service
Provider’s operations, to the extent reasonably practicable.
iv. Compliance with the City’s “COVID-19 Guidance for Businesses” to the
greatest extent possible. https://www.oneoahu.org/business-guidance.
11
services at the Personal Service Provider’s facility. Personal Service
Providers may provide services to those clients/customers who answer
“yes” to Questions 4 and 5.
1) Do you now, or have you had in the past fourteen (14) days:
A cough or sore throat?
Fever or do you feel feverish?
Shortness of breath?
Loss of taste or smell?
2) Have you been out of the State in the last fourteen (14) days?
3) Have you had close personal/physical contact with or cared for
someone diagnosed with or tested positive for COVID-19?
*****
4) If you answered “yes” to Question 3, are you a health care worker?
5) If you answered “yes” to Question 4, are you cleared to work at
your healthcare facility?
c. Prior to reopening, all Personal Service Providers are encouraged to develop, post
and implement written protocols (“COVID-19 Mitigation Plan”) consistent with
this section; Centers for Disease Control and Prevention (“CDC”) guidance
(available here: https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html, as updated or
superseded; and, to the extent practicable, with standards and guidelines issued by
industry-specific associations or similar organizations. The plan should include
policies regarding the following control measures: PPE utilization; on-location
physical distancing; hygiene; sanitation; self-screening and symptom monitoring;
incident reporting; and location disinfection procedures.
d. Handwashing stations and/or disinfectants must be available to personal service
providers and customers/clients throughout the workplace and frequently
replenished.
e. No waiting areas are allowed.
f. No beverage service shall be provided.
g. When making personal service appointments, Personal Service Providers should
advise customers/clients of new requirements, which may include, but are not
limited to:
i. Customer/client must self-screen for signs and symptoms of COVID-19
before arriving at the service provider location.
ii. Customers/clients should not plan on bringing other guests with them,
unless they are bringing children younger than 16 for an appointment.
iii. Customers/clients should advise Personal Service Providers via call, email
or text that they have arrived at the location for the appointment, and are
waiting for instructions to enter.
12
iv. Customers/clients should put on a face covering prior to leaving the
vehicle, and they should be prepared to wash their hands for at least 20
seconds or use sanitizer prior to starting their service.
v. Payments for service should be through credit or debit cards or a touchless
system to reduce the handling of cash.
h. For walk-in appointments, the Personal Service Provider should post a notice on
the front door or window regarding access to the facility. The notice should
include the phone number that the guest should call to determine availability of
services. If service is available at the time, the walk-up guest will need to answer
questions regarding COVID-19 exposure and current health, and put on a face
covering before entering the location.
15. Business offices. This section applies to business offices, whether for-profit, non-profit,
or educational entities, regardless of the nature of the business or service, the function it
performs, or its corporate or entity structure, that were not previously authorized to utilize
their offices under the City’s COVID-19-related emergency orders. Starting June 5,
2020, business offices may reopen under the following requirements and conditions:
a. General.
i. Compliance with all City, State, and federal statutory and regulatory
requirements.
ii. Compliance with all appropriate CDC guidelines –
https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html
iii. Compliance with any standards and guidelines issued by industry-specific
associations or similar organizations of the respective business.
iv. Compliance with the City’s “COVID-19 Guidance for Businesses” –
https://www.oneoahu.org/business-guidance.
v. Compliance with the State’s COVID-19 guidelines including, but not
limited to:
13
1) https://health.hawaii.gov/coronavirusdisease2019/what-you-can-
do/how-to-prevent-the-spread-of-covid-19/.
2) https://health.hawaii.gov/coronavirusdisease2019/files/2020/04/W
hat-To-Do-If-You-Have-Been-Tested-For-COVID19_040120.pdf
3) https://health.hawaii.gov/coronavirusdisease2019/files/2020/05/W
hat-to-Do-if-a-Person-at-Your-Worksite-has-COVID-19.pdf
b. Specific Requirements.
i. The business shall ensure and promote compliance with the Social
Distancing Requirements to the greatest extent applicable and reasonably
possible, except that all persons shall comply with the Non-Medical Grade
Face Coverings requirements set forth in Order 5 of this Order.
ii. All occupied desks, cubicles and open workspaces, and furniture used for
sitting or standing must be spaced at least six (6) feet apart to the extent
reasonably practical.
iii. The business shall ensure cleaning and disinfecting of its facility in
compliance with CDC guidelines –
https://www.cdc.gov/coronavirus/2019-ncov/community/clean-
disinfect/index.html.
iv. The business shall develop, post, and implement policies based on
guidance from the CDC, Department of Labor, Occupational Safety and
Health Administration (“OSHA”) and the Hawaiʻi Department of Health
(“HDOH”) to limit and mitigate the spread of COVID-19, including, but
not limited to, the following:
1) Promoting healthy hygiene practices.
2) Improving and intensifying cleaning and disinfection practices.
3) Improving ventilation and circulation of outside air to the extent
practicable.
4) Monitoring for sickness.
5) Ensuring physical distancing at locations and times where
employees, clients, or guests may congregate.
6) Providing necessary personal protective equipment.
7) Allowing for and encouraging employees to work remotely to the
extent practicable.
8) Providing employees at higher risk for severe illness from COVID-
19 (based on CDC guidance) with special accommodations, at the
employee’s request, to avoid contact with, and mitigate the risk of,
the employee’s exposure to co-workers and others in connection
with the business, to the maximum extent possible.
9) Providing plans to return to work in phases to the extent
practicable.
10) If someone at work tests positive for COVID-19 –
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-
business-response.html;
14
16. Education and care facilities. This section applies to all private education, adult care, and
special needs care facilities (“Education/Care Facilities”). State-regulated education
and care facilities are not included, but may reopen as allowed by the State and/or the
Department of Education. A business falling within the definition of an Essential
Business (e.g., “childcare” under Section II.F.20 of the Order) and this section, may
operate under either. Starting June 19, 2020, Education/Care Facilities may reopen under
the following requirements and conditions:
a. General.
i. Compliance with all City, State, and federal statutory and regulatory
requirements.
ii. Compliance with all applicable CDC guidelines to the extent they do not
conflict with this Order (available at
https://www.cdc.gov/coronavirus/2019-ncov/community/index.html),
(e.g., guidelines for schools (K-12), colleges/universities, youth programs,
and workplaces).
iii. Compliance with any standards and guidelines issued by
industry/education-specific associations or similar organizations of the
respective Education/Care Facility at issue, to the extent they do not
conflict with this Order.
iv. Compliance with the City’s “COVID-19 Guidance for Businesses” –
https://www.oneoahu.org/business-guidance, to the extent applicable.
v. Compliance with the State’s COVID-19 guidelines (to the extent
applicable) including, but not limited to:
1) https://health.hawaii.gov/coronavirusdisease2019/what-you-can-
do/how-to-prevent-the-spread-of-covid-19/.
2) https://health.hawaii.gov/coronavirusdisease2019/files/2020/04/W
hat-To-Do-If-You-Have-Been-Tested-For-COVID19_040120.pdf
3) https://health.hawaii.gov/coronavirusdisease2019/files/2020/05/W
hat-to-Do-if-a-Person-at-Your-Worksite-has-COVID-19.pdf
b. Specific Requirements.
15
reasonably practicable given the age and tolerance of the
individuals and the activity at issue.
Maintain stable groups (cohorts) of ten (10) or fewer
students/clients/customers each day, with the same
instructors/service providers, to the extent reasonably
practicable.
ii. Activities such as singing, the playing of wind instruments, and other
similar activities that increase the presence and propulsion of respiratory
droplets in the air are discouraged; however, such activities are permitted
provided the following mitigation measures are taken:
If the activity takes place outdoors:
Any person(s) singing and/or playing a wind instrument, etc. shall
maintain physical distancing of at least ten (10) feet from any other
person(s) while singing and/or playing a wind instrument, etc.
Members of the same performing group singing and/or playing a wind
instrument, etc. may be closer than ten (10) feet together while
performing, provided the group consists of less than ten (10) persons.
To the extent reasonable and practicable, a physical barrier (e.g.,
plexiglass) of sufficient size to mitigate the spread of COVID-19 shall
separate any person(s) singing and/or playing a wind instrument, etc.
from any other person(s), but not including members of the same
performing group.
If the activity takes place indoors:
Any person(s) singing and/or playing a wind instrument, etc. shall
maintain physical distancing of at least ten (10) feet from any other
person(s) while singing and/or playing a wind instrument, etc.
Members of the same performing group singing and/or playing a wind
instrument, etc. may be closer than ten (10) feet together while
performing, provided the group consists of less than ten (10) persons.
A physical barrier (e.g., plexiglass) of sufficient size to mitigate the
spread of COVID-19 shall separate any person(s) singing and/or
playing a wind instrument, etc. from any other person(s), but not
including members of the same performing group.
16
iii. The Education/Care Facility shall ensure and promote compliance with the
Social Distancing Requirements (that are not specifically addressed in this
section) to the extent applicable and reasonably possible.
iv. All occupied desks, cubicles and open workspaces, and furniture used for
sitting or standing must be spaced at least six (6) feet apart to the extent
reasonably practicable.
v. The Education/Care Facility shall ensure cleaning and disinfecting of its
facility in compliance with CDC guidelines –
https://www.cdc.gov/coronavirus/2019-ncov/community/clean-
disinfect/index.html.
vi. The Education/Care Facilities shall develop, post, and implement policies
based on guidance from the CDC, Department of Labor, OSHA and the
HDOH to limit and mitigate the spread of COVID-19, including, but not
limited to, the following:
1) Promoting healthy hygiene practices.
2) Improving and intensifying cleaning and disinfection practices.
3) Improving ventilation and circulation of outside air to the extent
practicable.
4) Monitoring for sickness.
5) Ensuring physical distancing at locations and times where
individuals may congregate.
6) Providing necessary personal protective equipment.
7) Allowing for and encouraging individuals to work or conduct the
activity at issue remotely to the extent practicable.
8) Providing those at higher risk for severe illness from COVID-19
(based on CDC guidance) with special accommodations, at their
request, to avoid contact with, and mitigate the risk of, the
individual’s exposure to others in connection with the business,
operation, or facility to the extent applicable and reasonably
possible.
9) Providing plans to return to work or the activities at issue in phases
to the extent practicable.
10) If someone at work tests positive for COVID-19 –
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-
business-response.html;
17. Indoor attractions such as bowling alleys, arcades, mini golf, and other similar indoor
entertainment facilities/operations (“Indoor Attractions”) were previously allowed to
operate. However, due to ongoing and heightened public health concerns linked to
gatherings and the spread of COVID-19, effective immediately and until further notice,
bowling alleys, arcades, mini golf, and other similar indoor entertainment
facilities/operations must close and may not operate within the City.
Museums, art galleries, movie theaters, and other similar indoor entertainment
facilities/operations may continue to operate under the following requirements and
conditions:
17
a. General.
i. Compliance with all City, State, and federal statutory and regulatory
requirements.
ii. Compliance with all applicable CDC guidelines to the extent they do not
conflict with this Order (available at
https://www.cdc.gov/coronavirus/2019-ncov/community/index.html).
iii. Compliance with any standards and guidelines issued by industry/activity-
specific associations or similar organizations of the respective Indoor
Attraction at issue, to the extent they do not conflict with this Order.
iv. Compliance with the City’s “COVID-19 Guidance for Businesses” –
https://www.oneoahu.org/business-guidance, to the extent applicable.
v. Compliance with the State’s COVID-19 guidelines (to the extent
applicable) including, but not limited to:
1) https://health.hawaii.gov/coronavirusdisease2019/what-you-can-
do/how-to-prevent-the-spread-of-covid-19/.
2) https://health.hawaii.gov/coronavirusdisease2019/files/2020/04/W
hat-To-Do-If-You-Have-Been-Tested-For-COVID19_040120.pdf
3) https://health.hawaii.gov/coronavirusdisease2019/files/2020/05/W
hat-to-Do-if-a-Person-at-Your-Worksite-has-COVID-19.pdf
b. Specific Requirements.
i. Groups are limited to ten (10) individuals maximum, and where multiple
groups are present, operators must implement measures to ensure that they
maintain six (6) feet of physical distance between each other at all times
(i.e., no mingling between groups).
ii. To the extent practicable, physical distancing of at least six (6) feet
between members of different households/living units should be
maintained; and face coverings must be worn at all times. (E.g., face
coverings generally must be worn in a movie theatre facility; however,
individuals may remove the face covering while seated to eat and drink, or
if one of the exemptions to face covering requirements in Order 5 of the
Order).
iii. Operators must implement measures to ensure that individuals and groups
waiting to use a facility or an activity open under this section maintain
physical distance of six (6) feet from one another at all times. Indoor
Attractions to open under this section are encouraged, but not required, to
implement a reservation system to eliminate or reduce waiting times.
iv. Activities such as singing, the playing of wind instruments, and other
similar activities that increase the presence and propulsion of respiratory
droplets in the air are discouraged; however, such activities are permitted
provided the following mitigation measures are taken:
If the activity takes place outdoors:
Any person(s) singing and/or playing a wind instrument, etc. shall
maintain physical distancing of at least ten (10) feet from any other
18
person(s) while singing and/or playing a wind instrument, etc.
Members of the same performing group singing and/or playing a wind
instrument, etc. may be closer than ten (10) feet together while
performing, provided the group consists of less than ten (10) persons.
To the extent reasonable and practicable, a physical barrier (e.g.,
plexiglass) of sufficient size to mitigate the spread of COVID-19 shall
separate any person(s) singing and/or playing a wind instrument, etc.
from any other person(s), but not including members of the same
performing group.
If the activity takes place indoors:
Any person(s) singing and/or playing a wind instrument, etc. shall
maintain physical distancing of at least ten (10) feet from any other
person(s) while singing and/or playing a wind instrument, etc.
Members of the same performing group singing and/or playing a wind
instrument, etc. may be closer than ten (10) feet together while
performing, provided the group consists of less than ten (10) persons.
A physical barrier (e.g., plexiglass) of sufficient size to mitigate the
spread of COVID-19 shall separate any person(s) singing and/or
playing a wind instrument, etc. from any other person(s), but not
including members of the same performing group.
v. Individuals must comply with any lawful requirements imposed by the
Indoor Attraction operator.
vi. Nothing in this section requires a public or private Indoor Attraction to
open.
vii. Indoor Attraction operators shall develop, post, and implement policies
based on guidance from the CDC, Department of Labor, OSHA and the
HDOH to limit and mitigate the spread of COVID-19, including, but not
limited to, the following:
1) Promoting healthy hygiene practices.
2) Improving and intensifying cleaning and disinfection practices.
3) Improving ventilation and circulation of outside air to the extent
practicable.
4) Monitoring for sickness.
5) Ensuring physical distancing at locations and times where
individuals may congregate.
6) Providing necessary personal protective equipment.
7) Allowing for and encouraging individuals to work or conduct the
activity at issue remotely to the extent practicable.
8) Providing those at higher risk for severe illness from COVID-19
(based on CDC guidance) with special accommodations, at their
request, to avoid contact with, and mitigate the risk of, the
individual’s exposure to others in connection with the business,
operation, or facility to the extent applicable and reasonably
possible.
19
9) Providing plans to return to work or the activities at issue in phases
to the extent practicable.
10) If someone at work tests positive for COVID-19 –
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-
business-response.html;
18. RESERVED.;
19. RESERVED. Outdoor organized team sports (phase 2) which applies to outdoor team
sports such as baseball, soccer, football, outdoor volleyball, outdoor basketball, and
similar outdoor team sports (“Sports Program(s)”) were previously allowed to operate.
However, due to ongoing and heightened public health concerns linked to gatherings and
the spread of COVID-19, effective immediately and until further notice, the above-cited
must close and may not operate within the City.
20. Fitness facilities. This section includes fitness centers, gyms, spas, yoga, barre, spin,
dance studios, hula hālau, and other similar types of facilities (“Fitness Facilities”).
Starting June 19, 2020, Fitness Facilities in the City may resume operations under the
following requirements and conditions, except that all group classes (i.e., three (3) or
more persons) in Fitness Facilities are prohibited:
a. General.
i. Compliance with all appropriate City, State, and federal statutory and
regulatory requirements.
ii. Development, posting, and implementation of written protocols
(“COVID-19 Mitigation Plan”) consistent with City, State, industry-
specific associations or organizations of the respective facility (e.g., USA
Gymnastics), and CDC guidance to mitigate the spread of COVID-19
including, but not limited to, the following:
1) https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html
2) https://www.oneoahu.org/business-guidance.
20
to facilitate six (6) feet of physical distancing, it must be blocked from
being used.
iv. If no maximum occupant load exists, operators must limit occupancy to
ensure occupants are able to maintain six (6) feet of physical distance
between each other at all times.
v. Limit locker room access and the number of persons who use amenities of
the facilities (e.g., sauna, etc.) at any one time to ensure physical
distancing of six (6) feet can be maintained.
vi. Keep childcare areas and self-service food and drink stations closed.
vii. Keep water fountains closed, except for those designed to refill water
bottles in a contact-free manner.
viii. Limit training for close contact activities (wrestling, mixed martial arts,
etc.) to skill-building drills and conditioning in which physical distancing
of six (6) feet or more between individuals may generally be maintained.
ix. Post signs to encourage physical distancing and disinfecting throughout
the facility.
x. Position staff to monitor physical distancing and disinfecting
requirements.
xi. Provide handwashing stations or hand sanitizer (at least 60% alcohol
content) throughout the facility for use by employees/clients/guest.
xii. Ensure Social Distancing Requirements are adhered to at all times to the
degree applicable and to the extent reasonably practicable, except that all
persons shall comply with the Non-Medical Grade Face Coverings
requirements set forth in Order 5 of this Order.
xiii. Any occupied desks, cubicles and open workspaces, and furniture used for
sitting or standing must be spaced at least six (6) feet apart.
xiv. Ensure frequent cleaning and disinfecting of equipment, restrooms, locker
rooms, and other high touch/high usage areas of the facility in accordance
with CDC guidelines available at: https://www.cdc.gov/coronavirus/2019-
ncov/community/clean-disinfect/index.html.
xv. The business shall develop, post, and implement policies based on
guidance from the CDC, Department of Labor, Occupational Safety and
Health Administration (“OSHA”) and the Hawaiʻi Department of Health
(“HDOH”) to limit and mitigate the spread of COVID-19, including, but
not limited to, the following:
1) Providing training for employees of each facilities’ COVID-19
Mitigation Plan.
2) Establishing a plan for employees who may get ill as well as a
return-to-work plan in accordance with City, State, and CDC
guidelines which are available at:
a. https://www.cdc.gov/coronavirus/2019-
ncov/community/guidance-business-response.html.
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b. https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-
sick/steps-when-sick.html
c. https://health.hawaii.gov/coronavirusdisease2019/what-
you-can-do/how-to-prevent-the-spread-of-covid-19/
i. https://health.hawaii.gov/coronavirusdisease2019/fil
es/2020/04/What-To-Do-If-You-Have-Been-
Tested-For-COVID19_040120.pdf
ii. https://health.hawaii.gov/coronavirusdisease2019/fil
es/2020/05/What-to-Do-if-a-Person-at-Your-
Worksite-has-COVID-19.pdf
3) Creating safeguards for higher risk populations consistent with
CDC guidance available at:
https://www.cdc.gov/coronavirus/2019-ncov/faq.html#Higher-
Risk.
4) Limitations on one-to-one personal training, and compliance with
the personal service providers section of this Order (to the extent
applicable).
5) RESERVED.
6) Promoting healthy hygiene practices.
7) Improving and intensifying cleaning and disinfection practices.
8) Improving ventilation and circulation of outside air to the extent
practicable.
9) Monitoring for sickness.
10) Ensuring physical distancing at locations and times where
employees, clients, or guests may congregate.
11) Providing necessary personal protective equipment.
12) Allowing for and encouraging employees to work remotely to the
extent practicable.
13) Providing employees at higher risk for severe illness from COVID-
19 (based on CDC guidance) with special accommodations, at the
employee’s request, to avoid contact with, and mitigate the risk of,
the employee’s exposure to co-workers and others in connection
with the business, to the maximum extent possible.
14) Providing plans to return to work in phases to the extent
practicable.
c. Encouraged Practices.
i. Consider appointment-based usage of the Fitness Facility to limit the
number of persons in the facility.
ii. Consider utilizing touchless forms of client/guest check-in.
iii. Consider offering virtual fitness classes whenever possible, especially for
higher risk populations.
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iv. Strongly encourage clients/guests to bring their own filled water bottles
with them to the facility.;
21. Film and television production. Starting June 5, 2020, all local, national, and
international film production, television production, streaming production, and similar
production may operate in the City based on the guidelines and recommendations for
production cast and crew members available at:
https://www.honolulu.gov/rep/site/oed/oed_docs/Guidelines_and_Best_Practices_for_fil
ming_on_the_Island_of_Oahu_during_the_time_of_COVID_060320.pdf. Compliance
with the Order and the COVID-19 related proclamations issued by the State is required,
including all travel quarantine requirements as modified by the guidelines and
recommendations available at:
https://www.honolulu.gov/rep/site/oed/oed_docs/Modified_Quarantine_Procedures-
Honolulu-060320.pdf.;
22. RESERVED. Due to ongoing and heightened public health concerns linked to gatherings
and the spread of COVID-19, effective immediately and until further notice, bars may not
operate within the City. For purposes of this section, “bars” means an establishment
holding a Class 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, or 18 liquor license as defined by the
Rules of the Liquor Commission of the City and County of Honolulu, State of Hawaii
and establishments that are primarily engaged in the serving of alcoholic beverages for
consumption by guests on the premises regardless of whether food is served, including
but not limited to taverns, cocktail lounges, karaoke rooms/areas, and cabarets, and
including outdoor areas of such establishments.
23. Singing, and/or playing a wind instrument, and similar activities. Activities such as
singing, the playing of wind instruments, and other similar activities that increase the
presence and propulsion of respiratory droplets in the air (which are not addressed in
another section) (“singing and/or playing a wind instrument, etc.”) are discouraged at
gatherings and events. However, such activities are permitted provided they are
performed at a gathering/business/operation authorized under the Order, and the
following mitigation measures are taken:
a. If the activity takes place outdoors:
i. Any person(s) singing and/or playing a wind instrument, etc. shall
maintain physical distancing of at least ten (10) feet from any other
person(s) while singing and/or playing a wind instrument, etc. Members
of the same performing group singing and/or playing a wind instrument,
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etc. may be closer than ten (10) feet together while performing, provided
the group consists of less than ten (10) persons.
ii. To the extent reasonable and practicable, a physical barrier (e.g.,
plexiglass) of sufficient size to mitigate the spread of COVID-19 shall
separate any person(s) singing and/or playing a wind instrument, etc. from
any other person(s), but not including members of the same performing
group.
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