California’s Limited Stay-at-Home Curfew Order

Effective November 21, 2020, California issued a Limited Stay-At-Home Order (curfew) for all “purple tier counties,” including Los Angeles County. In these counties, all gatherings with members of other households and all activities conducted outside the residence with members of other households must cease between 10:00 p.m and 5:00 a.m, except for activities associated with the operation, maintenance, or usage of critical infrastructure or required by law. People can still leave their home to walk their dog, take walks, buy groceries, pick-up drugs at the pharmacy, pick-up food, travel to the emergency room or urgent care or for other essential purposes. The order remains in effect until December 21, 2020.
New Los Angeles County Health Officer Order Nixes Outdoor Dining and Imposes Many Other Restrictions
In conjunction with the State’s curfew, the Los Angeles County Department of Health issued a Revised Order on November 19th in response to the recent surge of COVID-19 cases, and the alarming increases in hospitalizations and testing positivity rates in the County.  

Officials warned that if L.A. County reaches 4,000 average cases daily over a five-day period, officials would then mandate the closure of all outdoor dining at restaurants. And, that’s precisely what’s just happened. Beginning on Wednesday November 25th at 10 p.m., all outdoor dining will be prohibited. This Order will last for a minimum of three weeks. Restaurants, breweries, wineries and bars will only be allowed to offer takeout and delivery. 
Officials further warn that if it reaches more than 4,500 cases a day, the County would impose a new mandatory Stay-at-Home Order like last Spring that would only allow essential workers and people securing essential services to leave their homes.
Outdoor Cardrooms, Mini-Golf, Batting Cages, Go-Cart Racing, and Indoor Malls:
  • The Order limits the number of customers at outdoor Cardrooms, Miniature Golf, Batting Cages, and Go Cart Racing to 50% of the establishment’s outdoor capacity.
  • Indoor malls and shopping centers must close for indoor retail operations between 10:00 p.m. - 6:00 a.m., but may remain open for delivery and curbside pick-up.
Indoor Operations for Retail, Office-Based Businesses and Personal Care Establishments:
  • The Order limits the number of persons at indoor operations for retail, office-based businesses, and personal care to 25% capacity. 
  • This restriction does not apply to healthcare operations, essential infrastructure and essential government functions.
  • It requires face coverings to be worn by customers at all times while at Personal Care Establishments (e.g. hair salons, nail salons, barbershops, etc.) and services at Personal Care Establishments may only be provided by appointment.
Essential Businesses
  • The Order clarifies that an essential business must comply with the Social (Physical) Distancing Protocol and all other applicable protocols for its business sector.
Retail Food Markets
  • The Order specifies the type of retail food markets that must comply with the new Protocols for Grocery Stores and Retail Food Markets – grocery stores, convenience stores, liquor stores and other retail locations that sell food or beverage products and that are required to have a health permit issued by the Department of Public Health as a Food Market Retail. 
Private Gatherings
  • The Order limits the number of persons at private outdoor gatherings to 15 persons, all from a maximum of three different “households”, which includes the host “household.” Anyone who develops COVID-19 within 48 hours after attending a private gathering is instructed to notify the other attendees as soon as possible regarding the potential exposure, and also contact Public Health if that person has not been contacted by Public Health within a week of the diagnosis.
We will continue to monitor major COVID-19 related developments that impact the workplace. If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at

Richard S. Rosenberg
Katherine A. Hren
Stephanie B. Kantor
Ballard Rosenberg Golper & Savitt, LLP