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DECLARATION OF EMERGENCY
DIRECTIVE 037
WHEREAS, on March 12,2020, I, Seve Sioltk, Governor of the State of Nevada, issued «
‘Declatation of Emergency t facilitate the State's response to the COVID-19 pandemic; nd
WHEREAS, on Masch 13, 2020, Donald J. Trump, Pesident of the United States, declaed «
nationwide emergency puswant to Sec. 501() of the Robert T. Stafford Disaster Relief and
‘Emergency Atsstance Ae, -2 US.C, 121-5207 (the “Stafford Act’; and
WHEREAS, on March 14,2020, | formed a medical advisory team to provide medical guidance and
cientfelly based recommendations on mearures Nevada could implement to beter contain and
‘mitigate the speead of COVID-19; and
WHEREAS, infectious dscase and public heath experts advised that minimising interpersonal
contict slows the rate at which the disease spreads and is necessary to avoid overwhelming healtheare
systems; and
WHEREAS, infectious disease and public heath experts advised chat weaving a mas or other face
covering is an important and effective measute to reduce the spread of COVID. 19; nd
WHEREAS, infectious disase and public heals experts advised that a msjoe rousce of new
infections aze gatherings, bas, and restarts, expecially those where people temove thet masks and
interact with others who ate not pat of thei household; and
WHEREAS, on Noverbe: 24, 2020, 1, Steve Sitlsk, Governot of Nevade, issued! Emergency
Diectve 038 in response toa dramatic uxge in COVID.19 eases; and
WHEREAS, Emesgency Dscctive 035 implemented a “Statewide Pause,” which resticted the size
of gatherings, reduced caput fo bars, resturants, and othe businesses, and urged Nevadans to stay
hhome to the greatest extent posible, ia onler to stop the surge in COVID-19 cases; andWHEREAS in late December 2020, Nevada began dsuibuting COVID-19 vacines, but the supply
cof vaccines remains sevesely ited; and
WHEREAS, Nevada's hospitalization rate for suspected and confemed COVID-19 cases has
tuended downvnrd since mi Januasy 2021; and
WHEREAS, since midJenonry 2021, he 14-day moving average test positivity sate has steadily
Aeclned, but is ail well o7er the 5% threshold recommended by the WHO for seopening, and
CCOVID:19 sel poses «substandl teat o the public health; and
WHEREAS, NRS 414.060 outines powers and duties delegated tothe Governor during the existence
of a state of emergency, incloding without limitation, disecting and conuollng the conduct of the
‘general public and the movement and cession of movement of pedestians and vehicula traffic
Adusing, before and after execs or an emergency of dssts, public meetings or gatherings; and
WHEREAS, NRS 414,070 outlines additional powers delegated to the Governor dusing the existence
of a state of emergency, including without limitation, enforcing all laws and regulations relating to
fmergency management and assuming dtect opermtional contol of any oF al forces, including,
‘without imitation, vohintees and ausliay sf for emergency management in the State; providing
or and compelling the evacuation of llor pat ofthe population foes any stricken or deatened area
for areas within the State ard to take such stepe as ae necesenty forthe seceipt and care of chose
pessons; and pesforming ad exerisng such other functions, powers and duties as are necessary t0
promote and secute the safay and protection ofthe eivilin population.
NOW THEREFORE, by tne suthotity vested in me as Governor by the Constitution and the laws
fof the State of Nevade and the United States, and pursuant (0 the Maych 12, 2020, Emergency
Declaration,
IIS HEREBY ORDERED THAT:
SECTION 1: The limitacns impoted by previous Diectives are hereby supeseded by the explicit
provisions ef this Directive. Any provisions not addtessed by this Directive shall
femain in faice at provided by previous Disecives ot regulations promulgated
pursuant to che Match 12,2020 Declaration of Emesgenc.
SECTION 2: Section 7 of Directive 035 shall teuminateat 11:59 pm. on February 14,2021. Effective
1200 am. en Febrongy 15, 2021, houses of worship, including without liitauon,
churches, symagogues, mosques, and temples, may conduct in-person services in 2
‘manner eo tart occupancy shall not exceed 50% of the listed fixe code capacity snd all
focal ditnsingsequcements se satisfed. Tir limitation shell oot apply to droop
tesvices putrant eo Section 10 of Disecive 016, which imposes ao limitations on
‘somber of paripant
Houses of worship offeing indoor, in-person services must follow the fllowing.
provisions, vhich ate consistent with this and other Disectives on puble gatherings
1. Seating mat be atsnged to ensure a minimum of sx fet of separation berween
‘congregints who do not zeside in dhe same householdSECTION &
SECTION 4:
2. Participants nchading leaders and staf, must wese face coverings as requized by
‘Ditective 024,
3. Houses of worship ate encouraged to stagger services so thatthe entrance and
guess of congregants for efferent sevice do not resulin a gathering exceeding
50M of the lived Fire code capacity set forth above, and to provide proper
sanitation besween services,
4 Houses of worship ae strongly encouraged to offer online or drve-up services to
the pretest extent posible
5. Houses of worship offering indoos, in peso services are encouraged to follow
the guidlines peonsolated bythe Nevada Deparment of Business snd Tndusry
(Gk) orits constituent agencies.
Section 8 of Diective O35 shall terminate at 11:59 pm. on Februnry 14,2021, fective
12200 am. on Febroary 15, 2021, excep as otherwise provided by other Sections of
‘hie Directv, publ gatherings ae restricted to the lesser of 100 persons, or 35% of
the listed ie code eapcityof thease a which such gathering shal occu
[Effective 1200 am. on March 15, 2021, except as otherwise provided by other
Sections ofthis Diuective, public gntheings ae retried tothe lee of 250 persons,
(0 50% ofthe ined fe code expacty ofthe aeain which such gutering shall occur.
‘This provision shall apply to any aa, whether publily owned or privately owned
hess the public as access by right or invitation, express or implied, whether by
Payment of money of not, including without limitation, parks, basketball cours,
welleyball cours, baseball fields, football fils, svers, lakes, beaches, steets,
‘convention centers, movie theaters, braves, paking lots, and private clubs, except
that this provision doesnot apply to houses of worship.
“This provision shall not be construed to apply to the guhesing of persons working at
orpatronizig businesses operating pursuant to this Directive or providing emergency
for medical services tothe publi
Section 9 of Diecive O35 shall terminate t 11:59 pm. on February 14,2021. Effective
12200 am. on February 15, 2021, except as otherwise proved by other Sections of
this Diective, indoor privnte social gatherings ae resticted to 10 o& fewer persons
(Ontdoor primate social gatherings ate restcted to 25 or fewer persons. This provision
stall not be consted to apply to the gathering of persons living within the same
howsehold
Inlviduals not exempted by Ditective 024 or guidance issued by the Nevada Health
Response sil be roquired to cover theirnoe and mouth with mask o fee covesing,
‘when attending psivategatleinge with people outside of thei household, even when
oct distancing i being observed
“This section doesnot apply to perronsexpetiencng homelessnes oo organizations
providing shelter for persons experiencing homelessness. Such individuals and
‘Organizations afe encoumged to take protective measures tO the grestest extent
practicableSECTION 5:
SECTION &
SECTION 7:
SECTION &
Section 10 af Disective 035 shall terminate at 1:59 pam. on February 14, 2021
Effective 1200 am. on Febrony 15, 2021, arcades, mestcks, bowling alleys,
miniature gl pool hal, amurementand theme patke, nd sinuae activites may allow
access to the public o that occupancy shall not exceed 35% of the ited fire code
‘apaciy and all socal distancing fequtements ate satis ied
[Effective 1200 am. on Match 15,2021, arcades, cetzcks, bowling alley, miniature
golf, poo! halls, amusement and theme patks, and similar activities may allow access
{fo the public so that ewupancy shall not eneced SOM of the listed Gre ode capacity
tnd allsocia. distancing reguitements ate sts.
High-touch surfaces should be avoided (tintin cloned if applicable / posible) and
cleaned freeventiy. Food and drink should be contained to areas designated as
restaurants food cours and should adhere to sequizements in pace for those (pes
of establishments
[fictive 1200 am. on Febrany 15,2021, Hbeaties, museums, at galleries, aquaciams,
and z008 may allow acces 9 the public 40 that oceupaney shall aot exceed 50% of
the listed fiz code capacity, and all social distancing requirements ate satsGied. AL
internetve ad/or hands-on exhibits must be closed,
Food and dink should be contained to azeasdesigasted as restaussats / food coutts
snd should adhere to tequizementsin place for those ypes of establishments
Section 13 of Diteetive 035 shall texminate at 1159 pm on Febsossy 14, 2021
Effective 1200 am. on February 15,2021, guming properties shall limit oceupancy in
[gaming cea tno more than 35% ofthe occupancy limit assigned to exch gaming
tes ofthe peopety by Joel building sad fire codes.
Effective 1200 am. on March 15, 202 gaming properties shall limit occupancy in
‘ping acea to no more than SOY of the occupancy limit asigned to each gaming
fates ofthe propery by lea building and fie codes
‘Provisions of thie and other Directives still in effect that apply to non-gxming
Dbusinesees including but not limited to retail stoses,restnutants and bass, aod-tetal
‘venses, nd pools and squat facies, shall ppl o those busnertes,incucing those
Tocsted on guming propestis,
Subsection 1 of Setion 31 of Emesgency Dizective 021, which limited body ax and
piering facies to 50% capacity. shall exminate at 1:59 pam. on February 14, 2021.
Effective 1200 amon February 15, 2021, body at and peseing faites may teopen
to the publi subject to the following provisions:
Pasion or wal between each workstation ae strongly encouraged.
Extablstments with walls of pattions between workstations may wtlize all
stations, but under no cumstances may mote than one customer or cent be
‘cated atany given station or chicSECTION $:
3, Establishments without walls ot pntkons benteen stations most ensuce that «
‘minim of sx fet of sepatation between customers is maintained
4 Establishments must not ccept customers or clients ona walk-in basi, and arts
‘must not seve ar accept appointments for mote than one customes st any piven
5. Customers waiting for appointments must wait outside the fly and must
pactice social distancing by maintining a minimum of six feet of separation
between customers not residing in the tame household.
6. Anists, employees, and customers must wear fice coverings at al mes. Body ast
and pictinge dat tequize mask semoval, including without litaion, work
‘ound the mouth and nose are prohibited
71. Access rust be limited to customers only, persons accompanying customess must
‘tbe iesde the faity while services are performed.
18. Anite sa fciiies operating pursuant co this setion must abide by al sanitation
and other guidelines promulgated by the Nevada Occupational Safety & Health
‘Adminisation.
Remi stores shall continue to opemte pursuant to Section 17 of Directive 021 and
Seetion 11 of Dicective 035, except that, effective 1200 am. February 15,2021, retail
stores, inching grocery stores, may offer limited self service food and deinks with
Initigation meatus in place. Recommended mitigation measuce include, bat are aot
limited to, iiting numberof individuals using food and dei stations at one tine,
sing individual or disposable utensils and serving wate wherever posible and
providing hand sanitizer nd recommending usage before touching any communal
tice
SECTION 10: Section 14 of Dizeetive 035 shall texminate a 11559 pm. on Februnsy 14, 2021,
[Effective Febronty 15, 2021, a perion wishing to host, organize, or conduct +
gathering, vent, performance, or other congreystion of people ina space with fixed
eating capacity of 2500 or more, may submit « Lange Gathering Vere COVID-19
Preparedner & Safety Plan ("Lange Gathering Plan”) to the applicable state and losl
suthortes
“Large gxtheiings ste prohibited unless 2 Lasge Gathesing Plan is approved by the
applicable ahotiies. Nolnsge puesings wil be permited vo tke place before March,
4, 2021,
For the purposes of tis Directive, ied seating xpacty shall be defined a seats which
se not pore or stackable, ut which ae secured to the ground or floor in some
fashion, suca as by bolts. Felities with fixed seating without dividing arms shall
taleulate seing capacity based on occupant load, but in no instance shall such
‘aeulation be based on less than one person foreach 18 inches (457 mm) of seating
length
Upon approrl ofa Large Gathering Plan, venes with Fixed seating cxpacity of 2,500
ff grester may pemnit public atendance at live events subject t0 the following
provisions:SECTION 11
4. Attendee bythe public may not exceed 20% of fixed seating capacity.
2. All attadees mutt be assigned seats putsuint to the other provisions ofthis
section. "Standing room only" and "genes admission” attendance is prohibited.
5. Venues ast cleaty delineate dscete section, To the grentest extent practicable,
sttendes in each section should be olted feom attendees in other sections by
ing epee x nd ti gen otc ad pe
4. Event staf may not provide services to mote shan one section delineated pursuant
ta mibseeion 3, above.
5. Each section must be separated (com adjcent sections by a minitnurn of 6 fee.
66. All social distancing requitements shall be maintained. This provision shall not
tpply to attendees within single pargy, No more chan six persons may be sested
togetherin «singe pay.
11. Plans foc events tfcltes regulated bythe Gaming Control Boatd("GCB") mast
be submitted to and approved by the GCB prior to the event, pursuit 0
‘guidelines tha shal be promlgsted by the GCB. Prior co submission, plans mst
be eviewed by the lea health authosy fo confimation that it complies with all
applicable health and safery stndaeds and wil not place sn unacceptable burden
tn the locl health iniatractre
8 Plane for events tepuated by the Nevada State Athletic Commission (°NSAC")
‘ust be submited to and apptoved by the NSAC prior to the event, putsuant to
{guidelines tht shall be promulgated by the NSAC. Prior to submission, plans mast
be revived by the applicable local health authorgy for confumation that i
‘complies with sl applicable helth and safer standards and will not place an
‘unaceepable buden on the local health infiastrueture,
9, All othe events at venies with fxed seating capnity of 2500 or greater mast be
‘submited o aad approved by B&d prior tothe event, pursuant to guidlines chat
shall be promlgste by B&l.Proe to submission to B&l, plans mut be reviewed
by the applicable local health authovity for confration tha ie complies with all
spplicabe health and safery standards and will not place an unacceptable burden
(of the local health infastuctue,
Effective Febrosy 15, 2021, a person wishing to host, organize, of conduct «lage
‘gathering in an atea without Fixed seating including witht imitation a tadeshow,
‘conference, convention, professional seminas, or simile event in excess of 250,
‘ntendees may submit a Lasge Gathering Plan to the applicable state and local
‘those.
[Lange gatheings uncer thie Secon ane prohibited unless « Lange Gadheving Pau i
approved bythe applicable nithories. No lange gnthevings under this Secon wil be
permitted to take place before Match 15,2021. luge gathering under this Section i
Limited toa maximum of 1,000 attende,SECTION 12:
SECTION 13:
Effective March 15, 2021, venues with listed fte code capacity of fewer than 2,500,
‘may petmit sable atendance a ive events subject to the following provisions:
1. Attendance by the publi may not exceed the lesser of 250 atendees or 50% of
that gatkting space’ sted fre code capacity
2 Atendance by the public a live entestainment performances shall require all,
attendee to be seated, "Standing toom only” attendance i prohibited. Vener
hosting ive entetninment performances shall maintain a minimum separition of
steno 25 fact between the ates andthe audience, This provision is applicable
to pesfaanances subject live entertainment taxes pursuant to NRS 368A and
shall otextend to ambient music to create or enhance a mood or atmosphese that
$s incdestal or anil tothe activity of lncrion,
5. For al ther events other than live entertinment performances, seating is not
equied but eocial distancing reqizements must be maintsined a al times
Individuals a0 exempted by Disective 026 ot guidance issued by the Nevada Health
Response sal bereqited to cover their nose and mouth witha mask or face covering
‘when atendng gatexings with people outside of thec hovschold, even when social
itancing ie being observe.
“This Section shall not be construed to apply o gthetngs athouses of wotship.
Section 16 Directive 35 shall teminateat 1:59 pm. on February 14,2021. Bective
February 18, 2021, restaurants, food establishments, breweries, distilleries, and
wineries ma wilize ables snd serve patons within the bar ares. Establishments
‘petting under this provision shall abide bythe following provisions:
1 ExfeciveFebronry 15,2021, the masimam occupancy of these extablshments for
indoor dining shall not exceed 35% of the listed fre code capacity at any given
time. Efecive March 15, 2021, the maximum occupancy of these establishments
for indoot dining shall not exceed 50% ofthe led fe code capacity at any given
2. ‘There isno maim occupancy for outdoor dining, however ll ther mitigation
ensure inthis Section also apply to ourdoor dining.
3. Tables, booths, or seats must be spaced, or customers seated a minimum of six
feet span from other customers not in the same pasty. Parties lasger than six
pessons nay not be sted together for onsite dining.
4. Al sanding and open congsegaton asess, including but aot limited to dance
foots, tat are not necessary forthe preparation and service of food or beverages
shal be dosed.
5. Custom siting ata table or booth most only be serve via table service snd may
‘not order from the ba tp ate
6. Cstomezs may sit at and be served st bat tope only if bar top eesting is imited
sich tha barstools ste spaced a minimam of sx feat apatt fom ott basstoolsSECTION 14
of othereustomets not inthe came paty. Establishments ate encouraged to limit
bar top patties to no mote than two persons per as.
7. Customers vaiing to dine onsite most wat outide the etablihment uni they
can be wxted and must practice socal distancing by maintaining «minimum of six
feet of separation benween customers not residing i the same household or inthe
same py
| Establishments shall squire employees to went fae coverings and abide by all,
other fice covesng provisions of Diective (24, Pauons must went fice coverings
seal eines, exeept when actively eating or drinking
9, Buffer hall remin cloted ul forher notice
As used inthis Directive “indoos” means an enclosed space that has a isted ite code
‘capacity, ori primanly enclosed, whether by gid temporary, or non-rigid wall and
roof stmeres, such a8 fabri, vinyl, of other material including but not limited to,
tents with walls and temporary structures. Th teum does not apply to structure that
‘consis sole of an overhead covesig, such as eanopies, awnings, and tents without
wall
‘Section 16 of Dizectve 35 shall terminate at 1:59 pan-on Febronty 14,2021. Eifective
Febrony 15,202, gyms, Sines facilites, and fitness stadios, including ut notlimited
te dance and yoga stdiog, may allow aecess tothe public so that occupancy shall not
‘exceed 35% ofthe listed fre code capacity, and all socal distancing requirements axe
{isfed. EEective Mazch 15,2021, hese businesses may allow acess tothe public so
that oceupaacy shall nt exceed 50M ofthe liste fine code e=paiy.
‘Gyms, fines fies, and fanes studios that provide services to ten or fewer people
fat tase muy reopen ony f they ate able to provide services in a manner that does
‘ot violate socal distancing protoccls ll gyms, fess fais, xnd Fess studios
‘must, withoot exception, abide by all protocols promulgated by B&L and are
‘encouraged to follow guidance issued by the Nevada Health Response, including
“initation protocol. In alton tothe protocols promulgated by Bal all gyms, fitness
facies, and fitness studios must abide by the following provisions
1. Employees, ener, netructors, nd patrons must wea face covesings atall times
Regardlse of listed fie code expacity, facilites mst limit access to patzons to
censure tut occupancy at any given time does become sufficiently dense so as 19
Violate social distancing protocols
|3. Equipment must be reglted to ensure a minimum of six fee of socal distancing
between user, and equipment should be moved, desgoated inoperable, or turned
off ta erzure that eotl distancing standards ave maintained.
4. Group fess classes must be limited to ensure atleast six fet of separation
‘between participant.
5, Contactspors, inching without limitation, mati arts, basketball, wrestling, and
bowing may only be offered in a manner where pastcipants do. not physically
contact other paviipants, or activities tha equie participants to peeform within
tix feet ofeach other.6, Locker wooms may be opened but must be limited to 50% ofthe listed fie code
capacity. Single sll showers may be uiized. Communal showers, steam sooms,
stonas, portable saunas, vapor baths, elt therapy rooms, hot tubs, and other
‘commtsal felis, not wo include restrooms, shal emnin closed to the public
17. Pools my open #0 patzons, but all pool usage i subject to the provisions of
Section 29 of Directive 021.
8. Childeam facies may operte in compliance with al applicable reglations and
protocok promulgated by che Nevada Depattmentof Health and Human Services,
"BS, and any appliable local auchosie.
SECTION 15: Section 19 f Directive 035 and Section 11 of Directive 034 shall terminate at 11:59
pam.on Mach 14,2021. Effective 12:00am. on Mazch 15,2021, leagues, associations,
facies and venes intending to hos tournsment a allowed by Directive 4 must
adopt a Prepatedness and Safety Plan that confotms to the guidelines promulgated
pposmant to Directive 034, Prior to touemamen, such plans mast be approved by
Bal or a constteent agency. Tenms, coaches nd athletes ate seeponsible fr abiding
by the mules and requirements set forth in thet applicable Preparedness and Safety
Plan, Touinament hots will be responsible for ensuting compliance with the
applicable grthering and event guidelines as set forth in cis Dsective.
SECTION 16: This Disectve shall semsin in effact wnil terminated by a subsequent Ditecive
promilgrted pursuant tothe Match 12, 2020 Deelatstion of Emergency to fcliate
the State's response to dhe COVID-19 pandemic or upon dissolution ot ifing ofthe
Declaration 9f Emergency
IN WITNESS WHEREOR, I have hereunto set
amy hand and caused the Great Sel ofthe State of
Nevada to be affixed at the Stte Capitol in
(Carson City, thi 14" day of bry in the year
‘wo thousand twenty-one.