This contains the updates of closing personal service facilities (hair salons, barber shops, nail salons, tattoo and massage parlors.

March 19, 2020
COLORADO
Department of Public
Health & Environment
UPDATED NOTICE OF PUBLIC HEAL TH ORDER 20-22 CLOSING BARS,
RESTAURANTS, THEATERS, GYMNASIUMS, CASINOS, NONESSENTIAL
PERSONAL SERVICES FACILITIES,AND HORSE TRACK AND OFF-TRACK BETTING
FACILITIES STATEWIDE
The Colorado Department of Public Health and Environment (CDPHE) is working
to stop the spread of novel coronavirus 2019 (COVID-19). At this time I find it
necessary to implement emergency measures to close down all bars,
restaurants, theaters, gymnasiums and casinos in Colorado in an effort to
protect and preserve the public health. This Order, originally issued on March
16, 2020, has been amended to close nonessential personal services facilities
and racetrack and off-track pari-mutuel wagering facilities, exempt institutions
of higher education in the services of meals, clarify that hotel dining services
are not exempted other than in room dining services, add a definition of
gymnasium, and extend the Order through April 30, 2020.
FINDINGS
1. COVID-19 was first detected in Wuhan, China in late 2019, and since
then has spread to over 60 countries including the United States. There are
131 known presumptive positive cases of COVID-19 in Colorado as of March 16,
2020, and there is every expectation that more cases will be diagnosed.
2. COVID-19 is a respiratory illness caused by a novel coronavirus, and like
other respiratory illnesses, is transmitted through person-to-person contact or
by contact with surf aces contaminated with the virus. Persons infected with
COVID-19 may become symptomatic anywhere from two to fourteen days after
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exposure. Symptoms include fever, cough or shortness of breath or difficulty
breathing.
3. Individuals with serious chronic health conditions and older adults are
most at risk for becoming very ill with this disease.
3. On March 10, 2020, the Governor of Colorado declared a State of
Emergency related to the presence of COVID-19 in the State. CDPHE has
confirmed that COVID-19 continues to spread throughout the State of Colorado.
4. On March 13, 2020, the President of the United States declared a
National Emergency due to COVID-19.
5. A significant number of Coloradans are at risk of serious health
complications, including death, from COVID-19. Although most individuals who
contract COVID-19 do not become seriously ill, persons with mild symptoms and
asymptomatic persons with COVID-19 may place other vulnerable members of
the public at significant risk. A large surge in the number of persons with
serious infections can compromise the ability of the healthcare system to
deliver necessary healthcare to the public. Colorado is experiencing a rapid
increase in COVID-19 transmission that threatens the health of residents and
risks overwhelming the healthcare system in the state of Colorado.
6. Pursuant to Colo. Rev. Stat.§ 25-1.5-101(1)(a) and §25-1.5-102(1)(a)(I),
this Public Health Order closes bars, restaurants, gyms, theaters, casinos,
nonessential personal services facilities and horse track and off-track betting
facilities to slow the spread of the COVID-19 virus. CDPHE has the duty to
investigate and control the causes of epidemic or communicable diseases and
conditions affecting public health and to establish, to close public places and
forbid gatherings of people when necessary to protect the public health, and to
establish, maintain and enforce isolation and quarantine, and, in pursuance
Public Health Order 20-22
thereof and for this purpose only, to exercise such physical control over
property and the persons of the people within this state as the department may
find necessary for the protection of public health.
ORDER
I. Definitions. For purposes of this Order:
A. “Bar” means any indoor area that is operated and licensed under
article 3 of title 44, primarily for the sale and service of alcohol
beverages for on-premises consumption and where the service of
food is secondary to the consumption of such alcohol beverages.
C.R.S. Section 25-14-203(3).
B. “Brew pub” means a retail establishment that manufactures not
more than one million eigh hundred sixty thousand gallons of malt
liquor and fermented malt beverages on its licensed premises or
licensed alternating proprietor licensed premises, combined, each
calendar year. C.R.S. Section 44-3-103(5).
C. “Casino” means a licensed gaming establishment, which is any
premises licensed pursuant to this Article 30 of Title 44 of the
Colorado Revised Statutes for the conduct of gaming. C.R.S.
Section 44-30-103(18).
D. “Cigar-tobacco bar” means a bar that, in the calendar year ending
December 31, 2005, generated at least five percent or more of its
total annual gross income or fifty thousand dollars in annual sales
from the on-site sale of tobacco products and the rental of on-site
humidors, not including any sales from vending machines. C. R.S.
Section 25-14-203(4).
E. “Distillery pub” means a retail establishment:
(1) Whose primary purpose is selling and serving food and alcohol
beverages for on-premises consumption; and
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(2) That ferments and distills not more than forty-five thousand
liters of spirituous liquor on its licensed premises each calendar
year. C.R.S. Section 44-3-103(14).
F. “Gymnasium” means a building or room used for indoor sports or
exercise, such as fitness, dance, exercise or group classes,
exercise studios and centers, recreation centers, bowling alleys,
pools, and other indoor athletic facilities.
G. “Horse track” means a licensed race track, which is any premises
licensed pursuant to this Article 32 of Title 44 of the Colorado
Revised Statutes for the conduct of racing. C. R.S. Sections
44-32-102(2)(a), (2)(b), (3), (8) & (24) C.R.S.
H. “Restaurant” means an establishment provided with special
space, sanitary kitchen and dining room equipment, and persons
to prepare, cook, and serve meals, where, in consideration of
payment, meals, drinks, tobaccos, and candies are furnished to
guests. For purposes of this order, “Restaurant” also includes any
restaurant facilities located within a hotel, lodging and
entertainment facility, resort hotel, or resort complex. C.R.S.
Section 44-3-103(21 ), (29), (44), (45), (47).
I. “Nonessential personal services” means services and products
that are not necessary to maintain an individual’s health or
safety, or the sanitation or essential operation of a business or
residence. Nonessential personal services include, but are not
limited to, hair or nail salons, spas, or tattoo or massage parlors.
J. “Simulcast facility” means a licensed in-state simulcast facility
pursuant to this Article 32 of Title 44 of the Colorado Revised
Statutes, also commonly referred to as an “off-track betting
facility” or “OTB”. Sections 44-32-102(11) & (21), C.R.S.
K. “Tavern” means an establishment serving alcohol beverages in
which the principal business is the sale of alcohol beverages at
retail for consumption on the premises and where sandwiches and
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II.
light snacks are available for consumption on the premises.
C.R.S. Section 44-3-103(57).
L. “Public accommodation” for purposes of this Order is a private
entity that owns, operates, leases, or leases to, a place of public
accommodation. Places of public accommodation subject to this
Order include bars, taverns, brew pubs, distillery pubs,
restaurants, gymnasiums, theaters, nonessential personal services
facilities, and casinos.
A. Effective March 17, 2020 at 8:00 AM, and continuing through April
30, 2020, the following places of public accommodation are closed to
ingress, egress, use, and occupancy by members of the public:
1. Restaurants, food courts, cafes, coffeehouses, and other
similar places of public accommodation offering food or
beverage for on-premises consumption;
2. Bars, taverns, brew pubs, breweries, microbreweries, distillery
pubs, wineries, tasting rooms, special licensees, clubs, and
other places of public accommodation offering alcoholic
beverages for on-premises consumption;
3. Cigar bars;
4. Gymnasiums;
5. Movie and performance theaters, opera houses, concert halls,
and music halls; and
6. Casinos.
Places of public accommodation subject to this section are encouraged
to offer food and beverage using delivery service, window service,
walk-up service, drive-through service, or drive-up service, and to use
precautions in doing so to mitigate the potential transmission of
COVID-19, including social distancing; however, no consumption of food
or beverages is permitted onsite. In offering food or beverage, a place of
, public accommodation subject to this section may permit up to five
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members of the public at one time in the place of public accommodation
for the purpose of picking up their food or beverage orders, so long as
those individuals are at least six feet apart from one another while on
premises.
B. Effective March 19, 2020 at 8:00 AM and continuing through April
30, 2020, the following places of public accommodation are closed to
ingress, egress, use, and occupancy by members of the public:
1. Non-essential personal services facilities; and
2. Horse tracks and simulcast facilities, also known as
off-track betting facilities.
Ill. The restrictions imposed by this order do not apply to any of the
following:
1. Places of public accommodation that offer food and beverage not for
on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries, other
than those portions of the place of public accommodation subject to the
requirements of Section II;
2. Room service in hotels;
3. Health care facilities, residential care facilities, congregate care
facilities, and juvenile justice facilities;
4. Crisis shelters or similar institutions;
5. Airport concessionaires;
6. Institutions of higher education offering dining hall services located in or
adjacent to campus dormitories that are accessed through student,
staff, faculty, or campus associated identification, as well as grab and go
food services within these institutions, while exercising social distancing
measures of at least six feet between individuals;
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7. Fitness centers and nonessential personal services included in residential
facilities, such as hotels, apartment or condominium complexes or
similar housing arrangements, that are limited to use only by hotel
guests or residents of the housing who are following social distancing
requirements of at least 6 feet between individuals, and the hotel or
property managers are performing frequent environmental cleaning; and
8. Any emergency facilities necessary for the response to these events.
The requirements in Section II.A of this Order took effect at 8:00 AM on
March 17, 2020, and the requirements of Section 11.B of this Order take
effect at 8:00 AM on March 19, 2020, and all requirements remain in effect
through April 30, 2020, unless otherwise extended in writing by the
Executive Director.
CDPHE is tasked with protecting the health and welfare of the citizens of
Colorado by investigating and controlling the causes of epidemic and
communicable disease. This Order is necessary to control any potential
transmission of disease to others. See sections 25-1.5-101 (1 )(a) and
25-1.5-102(1 )(a)(I), C. R.S. Immediate issuance of this Order is necessary for
the preservation of public health, safety, or welfare.
FAILURE TO COMPLY WITH THIS ORDER IS SUBJECT TO THE PENALTIES
CONTAINED IN SECTIONS 25-1-114, C.R.S, INCLUDING A FINE OF UP TO ONE
THOUSAND (1,000) DOLLARS AND IMPRISONMENT IN THE COUNTY JAIL FOR
UP TO ONE YEAR.
Ji Hunsaker Ryan, MPH
Executive Director
March 19, 2020
Date