Puerto Rico tightens restrictions and sanctions for businesses to control continued spread of COVID-19
On August 20, 2020, the Governor of Puerto Rico issued Executive Order OE-2020-62, significantly tightening restrictions to control the continued spread of the coronavirus disease 2019 (COVID-19).
The Order, which will be in effect from August 22 to September 11, 2020, maintains the curfew from 10 pm to 5 am. Businesses are permitted to open from Monday to Saturday, subject to the curfew restrictions but their indoor capacity has been reduced to 25 percent. On Sundays, only grocery stores, pharmacies, gas stations, and hardware stores may open; restaurants may only operate for pick-up and delivery. The Order prohibits individuals from congregating, standing or waiting in line outside commercial establishments as they wait to be served or to pick up food or merchandise; customers must stay inside their vehicles until it is their turn to receive services.
Restaurants, fast food restaurants and food trucks may provide onsite services limited to 25 percent of their capacity. Customers must be 6 to 9 feet apart between one another, which means that some restaurants will have to operate with a capacity of less than 25 percent. Bar areas inside restaurants must remain closed. A reservation system is recommended.
Bars and other establishments dedicated to the sale of alcoholic beverages must remain closed. The sale and consumption of alcoholic beverages is prohibited for all businesses on Sundays and beginning at 7 pm the rest of the week. Establishments that fail to take measures to avoid gatherings for social drinking in parking lots after closing time may be shut down.
Supermarkets, mini markets and farmers’ markets may continue their operations, with the appropriate social distancing measures. Likewise, medical services, construction and manufacturing businesses may continue regular operations, subject to safety and hygiene protocols.
Financial institutions and pawn shops may receive customers limited to 25 percent of their capacity. Loan closings may be done by appointment, one client at a time.
The indoor capacity for wholesale and retail stores, service establishments and strip malls or open-air shopping centers has been reduced to 25 percent. Enclosed shopping malls may only have one person for every 100 square feet. Establishments and food courts inside the enclosed shopping malls must comply with the limitation of 25 percent of capacity. Valet parking services, kids’ playgrounds, gaming zones and movie theaters inside malls must remain closed. Although movie theaters are not allowed to operate, drive-in theaters may continue operating by selling tickets electronically.
Beauty salons, barber shops and spas may operate by appointment, following strict hygiene measures. Each service provider may only assist one client at a time and waiting rooms may not be used.
Car dealers may also operate by appointment and the number of clients in the establishment may not exceed 25 percent of the establishment’s capacity at any given point. Car wash services may be provided, maintaining 6 to 9 feet between persons.
Maintenance and repair services, such as electricians, plumbers, household equipment repair, air conditioning maintenance, elevator maintenance, pool cleaning, renewable energy equipment repair, gardening, relocation services, and recycling may operate subject to the curfew, observing social distance.
Professional services, such as legal and accounting, may be provided, following social distance measures.
Government agencies will continue operating and providing services to citizens in accordance with the social distancing protocols established by each agency.
Public transportation services – including buses and the subway – have been suspended, except for the service to drive the elderly individually to medical appointments. Taxis, transportation applications and other private transportation services may operate, subject to contagion control measures. However, party buses and similar services have been prohibited.
Childcare centers may operate under strict hygiene and social distancing measures. Public and private schools may reactivate personnel to prepare their facilities for the next semester, but students may not yet attend.
Religious groups may congregate, limited to 25 percent of the capacity of the churches or religious centers. Visits to family and friends in elderly centers and prisons have been cancelled. Meanwhile, funerary services must be limited to 25 percent of indoor capacity.
Employers’ obligations and sanctions
Each business must ensure that employees and customers wear a face covering and follow the now-standard social distancing and hygiene measures. Businesses must also design and submit an exposure control plan to protect employees. Please refer to our previous alert with regard to this requirement.
Employers must immediately report any suspected or confirmed COVID-19 cases within their workforce to the Department of Health, through email: covidpatronos@salud.pr.gov.
Any violation of the Order may be sanctioned with a $5,000 fine or up to six months of prison. Although not specified in the Executive Order, the Governor announced that any person in a public place that is not wearing a face covering will be fined with $100 and any business in which persons are not wearing face coverings will be fined with $500. An interagency force was established to ensure compliance with the Order. Businesses that do not comply with the restrictions and protocols may be shut down for 30 days.
Additionally, several economic sectors that receive customers have established collaborative internal controls, with guidelines to assess risk factors depending on the circumstances during certain periods. Each economic sector is expected to monitor businesses in their group. Any business that is not complying with the expected controls may be shut down. If more than 50 percent of the businesses in an industry do not comply with the expected controls, the whole industry may be shut down.
Persons with COVID-19 symptoms and those who have been in contact with someone diagnosed with COVID-19 must be quarantined for 14 days and get tested for the virus. Persons who have tested positive must inform authorities and submit to the contact tracing procedures. Patients who have tested positive for COVID-19 who do not comply with the quarantine order will be subject to criminal sanctions.
Tourism and recreation
The restrictions at the airport remain the same. Please refer to our previous alert. Cruise ports continue to remain closed. Water transportation to the islands of Vieques and Culebra will only be available to residents of those islands. Hotels and other tourist businesses must comply with the guidelines set out here.
Beaches will only be available from Monday to Saturday, to individuals who are practicing sports that do not entail physical contact, such as walking, running, rowing, surfing, paddle boarding, diving and sailing. Group exercise sessions, social gatherings and sunbathing at the beach are prohibited. The use of private boats and jet skis for recreational purposes is also prohibited. Piers and marinas have been shut down.
Gyms and pools remain closed, including those inside residential complexes. Professional and recreational sport competitions have been canceled. Horse races may be carried out with public spectators, and horse race betting agencies may continue operating, both subject to a reduced capacity of 25 percent; game rooms and videogame arcades inside horse betting agencies must remain closed.
Artistic events may only be carried out virtually without a live public. Art and entertainment venues have been shut down, including concert halls, dance halls, theaters and arcades, game rooms, and casinos. Museums may operate and are limited to 25 percent of capacity.
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.
