Lockdown in Puerto Rico modified to allow greater commercial activity
On May 21, 2020, the Governor of Puerto Rico issued Executive Order OE-2020-41 (the Order), extending until June 15, 2020 the curfew and lockdown that have been in place since March 16, 2020 due to the coronavirus disease 2019 (COVID-19) pandemic. Nonetheless, the Order identifies a number of additional businesses that may resume operations, with certain limitations.
New exemptions starting May 26, 2020
Effective May 26, 2020, most businesses will be allowed to operate on a reduced schedule and subject to restrictions, from Monday to Saturday, from 9 am to 5 pm. These include: wholesale and retail stores in general, limited to 50 percent of their occupancy; barber shops and beauty salons, by appointment only; auto dealers and travel agencies, by appointment and limited to 50 percent of their occupancy; armory stores and shooting ranges, limited to 50 percent of their occupancy, and car wash services. Hardware stores, repair shops and auto parts stores, which were previously only allowed to offer curbside pickup, may now welcome clients inside.
Additionally, real estate agents may carry out showings of unoccupied properties. Laboratories and practice centers in universities may reopen to allow students to finish their courses and private schools will be authorized to provide virtual summer camps from their campuses. Horse races may be conducted without hosting any public and horse race betting agencies may entertain one person at a time.
Previous lockdown provisions relaxed
Essential businesses, construction and manufacturing industries, service providers previously exempted and businesses engaged in online sales for delivery or curbside pick-up may continue operating. Please refer to our previous alert in relation to the businesses that reopened on the first phase and the exposure control and self-certification requirements for employers.
Effective May 26, 2020, supermarkets and restaurants will be allowed to deliver groceries and food until midnight. Additionally, restaurants will be allowed to serve meals on site but only up to 25 percent of their capacity and with a reservations system. Fast food restaurants must encourage persons to keep six feet of distance between themselves and others.
Some businesses, such as laundromats and vehicle inspection centers, which were previously authorized to operate from Monday through Friday, may now open on Saturdays. Funeral homes will now be allowed to host funeral services, subject to a 10-person limitation and excluding children under the age of 12.
Shopping malls
Malls and shopping centers may open on May 26, 2020, but only to provide training to employees with respect to the new security measures and to facilitate installation of any required equipment and modification of the store layout. They may start reopening to the public on June 8, 2020,[1] from Monday to Saturday, from 9 am to 5 pm, once employees have received adequate training and safety measure plans have been implemented. Strip malls or open-air shopping centers will be limited to 50 percent of their occupancy, while enclosed shopping malls will be limited to one person per each 100 square feet. Any cinemas, gaming arcades or valet parking services within the malls shall remain closed. Stores inside the malls will not be allowed to open until they have submitted an individual exposure control plan.
Government services
Governmental agencies that are not considered essential may continue to provide certain remote services with no more than five persons per office providing on-site support. By May 29, 2020, each government agency must have an exposure control plan in place to resume operations gradually. On June 1, 2020, the human resources, finance, purchases and budget departments of governmental agencies will resume operations in order to prepare the workplace for the return of all other public employees.
The government’s electronic lottery may resume operations once the Department of Treasury issues guidance to that effect.
Additional measures
The general lockdown order to stay at home 24 hours a day remains in effect. From 7 pm to 5 am, persons may not be outside their homes, except in the event of an emergency. From 5 am to 7 pm, citizens are permitted out of their homes to purchase goods or receive services from exempted businesses, work at exempted businesses, or exercise, always practicing social distance and wearing face masks.
Starting on May 26, 2020, beaches, natural reserves and golf courses will reopen to practice sports, including running, walking, cycling, surfing, sailing, paddling, and golfing. Equipment for these activities may not be rented. Beaches are not open for social gatherings or sunbathing. Personal boats may be used for recreational purposes, but boaters may not pull up onto beaches or anchor within 15 feet of another boat.
Concerts and theater plays may receive special authorizations to be performed without any public, for transmission via television or Internet.
Any person with COVID-19 symptoms or who has been in contact with someone diagnosed with COVID-19 must be quarantined for 14 days.
If you have any questions regarding these new requirements and their implications, please contact the authors or your DLA Piper relationship attorney.
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This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction.
