Special Report
Restaurant Reopening Restrictions in Every State
Published:
Last Updated:
As one of the industries that has been particularly hard hit by the pandemic, the restaurant trade is understandably anxious to return to business as usual as soon as possible.
Unfortunately, studies have shown that COVID-19 spreads particularly efficiently in restaurant environments. The issue isn’t hygiene or safety protocols, but rather the possibility that diners might be sharing an enclosed space for hours with someone infected with the virus. And maintaining a 6-foot distance between tables doesn’t necessarily help. A December study from South Korea found, disconcertingly, that the virus can travel more than three times that distance in restaurants in just a five-minute period if there is direct air-flow between tables.
Nonetheless, economic necessity on the part of restaurateurs and the understandable desire of the general public to get out and about and share food and drink with friends and family means that eating places will open and serve diners to the extent that local regulations allow.
These regulations, which cover such issues as mask-wearing, room occupancy, maximum table limits, social distancing, operating hours, and cleaning and disinfecting practices, vary widely from state to state and even, in some cases, from county to county and city to city.
Click here to see restaurant reopening restrictions in every state.
In addition, individual establishments sometimes enforce their own restrictions, more stringent than those officially mandated. At the same time, regrettably, some restaurants choose to disregard the law. Since September, Yelp has encouraged businesses to add information about their COVID-19 measures to their review pages, and the site notes that those that did have seen a 41% increase in consumer interest. Effective Jan. 12, Yelp has also allowed users to publish feedback on the extent to which restaurants and other enterprises are following required or suggested health and safety practices.
Now, the White House has announced that, as part of his multi-faceted coronavirus mitigation program, “President Biden will direct the CDC to provide specific evidence-based guidance for how to turn the dial up or down relative to the level of risk and degree of viral spread in a community, including when to open or close certain businesses, bars, restaurants, and other spaces.”
Since October of last year, 24/7 Tempo has tracked the regulations imposed on restaurant operations, state by state. Because infection rates are extremely fluid, as is the government response to the pandemic in some places, the details change constantly. It is therefore always worth checking with a restaurant before assuming that the information here is still in effect.
Methodology
To find information on each state’s limits for indoor dining capacity and table size, mask requirements, and other COVID-19-related protocols, 24/7 Tempo consulted the National Restaurant Association’s Restaurant Law Center Official Return to Work State Guidelines for Foodservice Establishments (updated Jan. 15), the Coronavirus Restrictions and Mask Mandates for All 50 States published by the New York Times (updated Jan. 22), the State-by-State Guide to Face Mask Requirements published by the AARP (updated Jan. 19), the same organization’s List of Coronavirus-Related Restrictions in Every State (updated Jan. 22), and the State & Local COVID-19 Update for January 21, 2021 published by Husch Blackwell, an industry-centered law firm. We also drew on coronavirus websites and the texts of executive orders from most of the states represented here.
Alabama
> Mask mandate Yes
> Indoor seating capacity: Not specified
> Maximum guests per table: 8
Though Alabama doesn’t restrict restaurants to a specific capacity limit indoors, the rules do require that “Staff will limit the number of customers in the restaurant to those that can be adequately distanced 6 feet apart.” Though indoor seating is permitted, curbside pickup and delivery are strongly encouraged. While some states have banned buffets and other self-service food options, Alabama rules state that “self service by guests at drink stations, buffets or salad bars are allowed under the supervision of an employee monitoring social distancing and proper hand sanitizing.”
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Alaska
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: 50-100%
> Maximum guests per table: Not specified
The Alaska Department of Health and Social Services notes that “If more people wore masks, we could slow the spread of COVID-19.” Nonetheless, while some municipalities require masks to be worn in public environments, the state has not mandated them. The department adds a note of humor to its COVID-19 guidelines. A chart that explains what a safe distance looks like” illustrates that it’s “About the length of a 200 LB halibut!” and “About the length of a grizzly bear!” The perceived threat level has been lowered in the city and borough of Juneau, where capacity limits on restaurants have been lifted, provided that proper distancing can be maintained.
Arizona
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 10
In early December, Gov. Doug Ducey issued an executive order offering new support for the state’s restaurant industry. The terms made it easier for eating places to expand outdoor dining facilities and earmarked $1 million to help in their efforts, as well as providing funding to help restaurants and hotels improve sanitation practices. Though public health professionals asked the state to temporarily ban indoor dining and introduce other new restrictions as COVID-19 cases skyrocketed, Ducey and state Health Department Director Cara Christ refused on the grounds that vaccines would soon be available to Arizona residents.
Arkansas
> Mask mandate Yes
> Indoor seating capacity: 66%
> Maximum guests per table: 10
Arkansas restaurants are encouraged to ask customers to pre-order meals in order to minimize the amount of time they spend seated and “to have a senior hour to provide exclusive access to these high-risk individuals.” Salad bars, buffets, and other self-service facilities are allowed under strict guidelines. Patrons may be refused service if they don’t wear masks when entering the establishment and at all other times unless food and drink is being consumed.
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California
> Mask mandate Yes
> Indoor seating capacity: 0-50%
> Maximum guests per table: Not specified
California is currently a COVID-19 hotspot, with more than 3 million people infected so far, and more than 37,000 deaths. In early December, Gov. Gavin Newsom issued lockdown guidelines that divided the state into five regions. In those in which fewer than 15% of ICU beds were available, a stay-at-home order would be in effect, and not just indoor but also outdoor dining would be banned. The order is currently in effect in the L.A. and San Francisco Bay areas, among others, where restaurants are limited to takeout and delivery only. Through the end of 2020, 98% of the state’s population was under the stay-at-home mandate, but on Jan. 12, Newsom announced that ICU capacity in Sacramento County, home of the state capital, was sufficient to lift the mandate and to permit bars and restaurants to resume outdoor service. Effective Jan. 29, the order was lifted statewide and now restaurants everywhere in the state may serve outdoors.
Colorado
> Mask mandate Yes
> Indoor seating capacity: 0-50%
> Maximum guests per table: 10
Colorado classifies counties according to a six color-coded COVID-19 dial, reflecting each county’s COVID-19 outbreak. Green limits restaurants to 50% capacity or 500 people, whichever is fewer. Blue sets the limit at 50% or 175 people, yellow at 50% or 50 people, or “up to 100 people within their usable space” as calculated with a distancing tool supplied by the state. Orange (high risk) sets the limit at 25% or 50 people; red (severe risk) bans all indoor dining, though takeout, delivery, and distanced outdoor dining are allowed; and purple (extreme risk) allows only takeout and delivery. Effective Jan. 17, Pitkin County, which includes Aspen, was moved into the red category following a spike in local cases. The county’s Restaurant Alliance filed a motion seeking to have the ban lifted, and a hearing on the case is scheduled for Feb. 19.
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Connecticut
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 8
Connecticut was in Phase 3 of its reopening, with restaurants operating at 75% capacity for indoor dining until early November, when Gov. Ned Lamont rolled the state back to what he calls Phase 2.1. This new phase lowers capacity at restaurants to 50% and sets a new restriction of maximum number of diners per table. Connecticut also asks that restaurants consider establishing separate entrances and exits so that one-way foot traffic is possible. Nonessential amenities like playgrounds, dance floors, and pool tables must be closed or removed.
Delaware
> Mask mandate Yes
> Indoor seating capacity: 30%
> Maximum guests per table: 4 adults, 6 diners total
According to the latest revision of Delaware’s state of emergency declaration, issued on Nov. 20, restaurants are required to close for indoor or outdoor dining at 10 p.m. nightly (takeout may continue beyond that time). Also, according to the revision, establishments “must place a sign on each table stating that only customers from the same household may share a table.” Restaurants are required to give diners the option to leave their information on file in case any staff members or other customers test positive, but staff is not required to deny service to those who don’t provide their details.
Florida
> Mask mandate No (required in some municipalities, but violations not enforced)
> Indoor seating capacity: 50-100%
> Maximum guests per table: 10
According to an executive order issued by Gov. Ron DeSantis on Sept. 25, if a restaurant chooses to limit capacity to less than 100%, it must quantify the economic impact of the limitation and explain why it is necessary for public health — and in no case may capacity be set at less than 50%. The order also forbids the collection of fines or penalties “associated with COVID-19 enforced upon individuals.” In November, DeSantis extended the September order.
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Georgia
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: 100% (with some restrictions)
> Maximum guests per table: Not specified
Georgia was one of the first states to reopen businesses after the advent of the pandemic. Initially, Gov. Brian Kemp wanted to outlaw local mask mandates, but in August, he issued an executive order permitting them under some circumstances. Atlanta and neighboring Decatur are among the cities where masks are mandated. According to an executive order issued on Jan. 15 and in effect through Jan. 31, restaurants must “mitigate the exposure of COVID-19 to customers and workforce” by adhering to a lengthy list of safety measures outlined in the order.
Hawaii
> Mask mandate Yes
> Indoor seating capacity: 30-50%
> Maximum guests per table: 5
Reopening guidelines from the Hawaii State Department of Health ask restaurants to “Consider a reservations-only business model for greater control of customer volume” for both indoor and outdoor seating and to “Consider allowing customers to pre-order while making reservations to decrease the length of time they are in the establishment.” Tables must be positioned at least 5 feet apart, and reservations are required for indoor dining. Due to what Maui Mayor Michael Victorino called a “very concerning” rise in COVID-19 cases in December, he imposed new limits on Maui County restaurants and bars (with the approval of Gov. David Ige), lowering occupancy to 30%.
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Idaho
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: Not specified
> Maximum guests per table: Not specified
Idaho asks restaurants to “limit occupancy as necessary to maintain six feet physical distancing,” but leaves specific capacity limits up to individual operators. The state encourages restaurants to offer online, digital, and/or phone-in ordering and to implement explanatory signage and protection barriers to limit customer movement and establish distancing. In addition, Idaho requests — but doesn’t demand — that restaurants establish dedicated hours of operation for diners at risk of severe disease.
Illinois
> Mask mandate Yes
> Indoor seating capacity: 0-100%
> Maximum guests per table: 4-10
Illinois divides the state into 11 COVID-19 regions, with their reopening phase keyed to COVID-19 test positivity rate, ICU bed availability, and other metrics. Five regions — including Chicago — are now on the tier 1 mitigation level, which permits indoor occupancy of 25% or 25 guests per room, whichever is lower, and limits parties to four diners and a two-hour dining window. Three regions are on tier 2, in which indoor dining is banned. In the remaining three regions, indoor dining capacity is 100% and as many as 10 people may share a table.
Indiana
> Mask mandate Yes
> Indoor seating capacity: Not specified
> Maximum guests per table: 6
In November, Gov. Eric Holcomb introduced a new four-level color-coded rating system for counties, replacing the tiered phases the state had been using. Among other things, the system limits public gatherings to 25 people in counties in the red level (the most restrictive level). However, Holcomb also issued an executive order on Dec. 1 rescinding capacity limits for restaurants, bars, and other places where food and/or drink is served. Instead, the state now requires only that “seating must be arranged and maintained so that individuals, households or parties are spaced at least six feet apart from any other individual, household or party.”
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Iowa
> Mask mandate Yes
> Indoor seating capacity: 100%
> Maximum guests per table: 8 (unlimited if the entire group is from the same household)
After initially leaving it up to individual restaurant operators to establish and police their own mitigation protocols, Gov. Kim Reynolds announced a statewide mask-wearing mandate on Nov. 17. The mandate was originally set to expire on Dec. 10 but has been extended until at least Jan. 8. In addition to requiring a distance of at least 6 feet between each group or lone diners, the state asks restaurants to provide distinct walking lanes to minimize contact between customers where possible. The comparatively liberal restrictions in Iowa have been a boon to the state’s restaurateurs, especially those operating near the border with Minnesota, whose more stringent regulations have encouraged some diners to drive into Iowa for dinner.
Kansas
> Mask mandate Yes, with exceptions
> Indoor seating capacity: 50-100% (with some restrictions)
> Maximum guests per table: 10 (with exceptions)
Gov. Laura Kelly issued an executive order in July, reissued in November, requiring anyone over 5 years old to wear masks both indoors and outdoors if maintaining a 6-foot distance from others not of the same household is impossible. However, state law permits counties to ignore the mandate if they wish. Counties also have leeway to establish other standards. For instance, Shawnee County (home to Topeka, the state capital) limits restaurant seating to eight people per table, as does Sedgwick County (which includes Wichita), and both allow law enforcement to issue code-violation citations.
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Kentucky
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 10
The Bluegrass State requires masks for anyone over the age of 5 “in situations that represent a high risk of COVID-19 transmission” — restaurants included. The mandate is in effect at least until Jan. 2. While up to 10 customers may dine together, this doesn’t seem to allow meals shared with friends, as official guidelines decree that “Persons not living within the same household should not be permitted to sit at the same table.”
Louisiana
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 10
The state’s mask requirement applies to those 8 years old or older, though the mandate encourages face coverings for those aged 2 to 7 as well. Restaurants are required to assign crowd managers “to call for emergency evacuation, enforce the maximum capacity and social distancing requirements, assign seating, and further manage any movement of people at all times that the building is occupied.” These functions may be assumed by management or staff members who have been properly trained. There must be one crowd manager for every 50 person in the restaurant. The 50% capacity limit for indoor dining was originally scheduled to expire on Jan. 13 but has been extended at least until Feb. 10.
Maine
> Mask mandate Yes
> Indoor seating capacity: 100% (with some restrictions)
> Maximum guests per table: 8
Maine’s mask requirements became stricter since Gov. Janet Mills’ Nov. 4 executive order on the matter. The order requires face coverings for anyone over the age of 3 in all indoor and outdoor public spaces “regardless of the ability to maintain physical distancing.” Previously, not all public spaces were covered by the mandate, and the requirement did not apply when distancing was possible. A subsequent order, on Dec. 11, specifically directed restaurateurs and operators of other indoor facilities to enforce the new rules. In addition, an executive order issued on Nov. 19 called for all restaurants, bars, and other public amusement and food and drink venues to close nightly by 9 p.m. On Dec. 4, this order was extended through at least Jan. 3, and on Dec. 30, Mills announced that it would stay in force indefinitely.
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Maryland
> Mask mandate Yes
> Indoor seating capacity: 25-50%
> Maximum guests per table: 6
Gov. Larry Hogan’s original mask mandate, issued on April 18, applied to those 9 years and older, but effective July 31, the age limit was dropped to 5. Rules issued Nov. 20 require all food service establishments to stop accepting new patrons or taking food or drink orders for sit-down dining after 10 p.m. (takeout and delivery may continue). Baltimore Mayor Brandon Scott imposed a total ban on both indoor and outdoor dining in the city in early December. On Jan. 22, however, Baltimore’s restaurants and bars were permitted to reopen, with capacity limited to 25% inside and 50% outside. In addition, meals must be eaten within an hour’s time and diners are required to sign their names when they enter and leave an establishment.
Massachusetts
> Mask mandate Yes
> Indoor seating capacity: 25%
> Maximum guests per table: 10
Due to a spike in coronavirus cases in the state, Gov. Charlie Baker issued an order on Dec. 26 drastically reducing allowable seating capacity from 100% to 25%, both indoors and outdoors. The limits are scheduled to expire on Feb. 8. An earlier order, issued on Nov. 6, mandated face coverings in public spaces, indoors or outdoors, for anyone over the age of 5, even when maintaining a 6-foot distance is possible. The same order imposed a 9:30 p.m. nightly curfew on restaurants, but this was lifted on Jan. 25.
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Michigan
> Mask mandate Yes
> Indoor seating capacity: No indoor dining
> Maximum guests per table: Not applicable
On Oct. 2, the Michigan Supreme Court invalidated most of the executive orders regarding the COVID-19 crisis that Gov. Gretchen Whitmer issued after April 30, holding that such mandates require legislative approval. Mask orders were among the initiatives affected. Following the court decision, state and local health authorities began issuing their own mandates regarding masks and social distancing protocols, and face coverings are now required for those 5 years and older in most public spaces. Faced with a surge in coronavirus cases this fall, the state temporarily banned all indoor dining as of Nov. 18, with the ban expiring on Feb. 1. After that date, indoor dining will be limited to 25% capacity, with a 10 p.m. curfew.
Minnesota
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 6
On Dec. 16, Minnesota’s Gov. Tim Walz modified an earlier executive order, temporarily banning all indoor food and drink service in restaurants, bars, and other venues. On Jan. 11, however, Walz loosened restrictions because the state’s COVID-19 rate had fallen below pre-surge levels, allowing indoor dining at 50% capacity. The previously imposed 10 p.m. curfew remains in effect.
Mississippi
> Mask mandate Yes (with exceptions)
> Indoor seating capacity: 75%
> Maximum guests per table: 10
Gov. Tate Reeves on Sept. 30 revoked a previously imposed statewide mask mandate, but on Oct. 19 he issued a new order requiring the wearing of masks in indoor public spaces in counties with high coronavirus case rates. As of late December, all but four of the state’s 82 counties had a mask requirement in place. The state encourages, but does not mandate, the use of technology, such as mobile reservation and ordering systems and contactless payment, to avoid as much in-person contact as possible.
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Missouri
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: 50-100% (with some restrictions)
> Maximum guests per table: 10
While Gov. Mike Parson (who himself tested positive for the coronavirus in September) has made it clear that he has no intentions of instituting a statewide mask mandate, local municipalities have the option to establish their own mandates. The state’s two most populous cities, Kansas City and St. Louis, among others, have issued such mandates. Kansas City also limits indoor occupancy to 50%. Though the state’s guidelines for restaurants are less detailed than those issued by most other states, the Missouri Department of Health and Senior Services includes the advisory that “Operators need to be flexible about canceling or rescheduling reservations and events.” Parson expects the state to be able to reopen fully as of June 16.
Montana
> Mask mandate Yes
> Indoor seating capacity: 50-100%
> Maximum guests per table: 6
Gov. Steve Bullock’s initial mask mandate didn’t apply to counties with fewer than four active confirmed cases of COVID-19, but a new order, issued on Nov. 17, expanded the requirement to the entire state. Greg Gianforte, who won the state’s gubernatorial race in November and took office on Jan. 4, has promised to lift the mandate when the coronavirus vaccine becomes available to Montanans over the age of 70 and those with existing comorbidities. He has also lifted capacity restrictions for most of the state, though the 50% limit remains in effect for four counties. While most restaurants are open for limited indoor service, Montana rules stipulate that “In-house dining for quick service restaurants should remain closed, if all guidelines can’t be met, including the cleaning of every table between customers.”
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Nebraska
> Mask mandate No
> Indoor seating capacity: 50-100% (with some restrictions)
> Maximum guests per table: Unlimited
While masks are recommended for restaurant staff and for people in public spaces, they are not required in most of the state. The city of Omaha, however, has a mask ordinance in effect at least until late February, and masks are currently required in the state capital, Lincoln, and the rest of Lancaster County. Face coverings are mandated only in places where close contact for 15 minutes or more is required, which includes barber shops, massage parlors, bowling alleys, and other businesses, but not food service establishments. Gov. Pete Ricketts removed some restrictions in mid-December as COVID-19 hospitalizations in the state decreased. While a maximum of eight diners per restaurant table is still recommended, it is no longer mandated.
Nevada
> Mask mandate Yes
> Indoor seating capacity: 25%
> Maximum guests per table: 6
On Nov. 22, Gov. Steve Sisolak introduced new measures aimed at slowing the rise of coronavirus cases in the state. Among these measures was the rolling back of indoor restaurant capacity from 50% to 25% and requiring that diners make reservations in order to be seated. Restrictions were scheduled to expire on Jan. 15, but on Jan. 11, Sisolak extended them for another 30 days. In addition, an order issued on June 24 and still in force requires face coverings “in any public place” for anyone over 9 years of age. Nevada also asks that establishments post signage throughout the restaurant about the proper use of face coverings and rules for social distancing, specifying that the latter should be in multiple languages.
New Hampshire
> Mask mandate Yes
> Indoor seating capacity: 50-100%
> Maximum guests per table: 10 (maximum of 6 adults)
Replacing a series of targeted mask mandates, Gov. Chris Sununu issued an order taking effect on Nov. 20 requiring all persons over the age of 5 to “wear a mask or cloth face covering over their noses and mouths any time they are in public spaces, indoors or outdoors, where they are unable to or do not consistently maintain a physical distance of at least six feet from persons outside their own households.” The order will remain in force at least until Mar. 26. Though as a general statewide rule restaurants are allowed to operate at 100% capacity for indoor dining, seating in four counties is limited to 50%, and in six others, “seated dining areas are limited in capacity to the number of people/tables where table spacing is able to be maintained.”
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New Jersey
> Mask mandate Yes
> Indoor seating capacity: 25%
> Maximum guests per table: 8 (unlimited for members of the same family or from the same household)
An executive order issued by Gov. Phil Murphy on July 8, which mandated masks for anyone over the age of 2 in both indoor and outdoor public spaces, remains in force. While indoor dining is limited to 25% of capacity, guidelines on the New Jersey COVID-19 Information Hub, as updated on Sept. 29, state that “Areas with a fixed roof, if two sides are open, comprising over 50% of their total wall space, may operate under rules for outdoor dining.” That means that there’s no capacity limit for such spaces, as long as social distancing, masking, and other safety measures are observed.
New Mexico
> Mask mandate Yes
> Indoor seating capacity: 0-50%
> Maximum guests per table: 6
Regulations that went into effect on Oct. 30 required that all establishments serving food and/or drink in New Mexico complete the state’s Safe Certified training program and retain contact tracing records on all customers for at least 21 days. These became moot on Nov. 18, when Billy Jimenez, acting cabinet secretary for the New Mexico Department of Health, issued an executive order temporarily banning all indoor and outdoor service, allowing only takeout and delivery to continue. On Nov. 27, Gov. Michelle Lujan Grisham introduced a color-coded county-by-county rating system tying restrictions to infection rates. Initially, all counties remained in the red category, with indoor dining prohibited. While indoor dining is still banned in some counties, in others, where infection rates have decreased, restaurants are allowed to operate at 25% to 50% capacity.
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New York
> Mask mandate Yes
> Indoor seating capacity: 50% (no indoor dining in New York City)
> Maximum guests per table: 4
On Dec. 10, Gov. Andrew Cuomo announced a new system of color-coded micro-cluster focus zones — yellow, orange, and red (red being the most restrictive) — for areas of the state based on positivity rates and other measures. Restaurants in yellow zones may provide both indoor and outdoor dining. Orange-zone establishments are limited to outdoor dining, takeout, and delivery. In red zones, only takeout and delivery are allowed. While indoor dining has been suspended in New York City, outdoor dining is still allowed. In other parts of the state, according to the Cluster Action Initiative, indoor dining is under review, but there are currently no restrictions. On Jan. 23, the New York State Restaurant Association asked Albany to okay limited indoor dining in New York City and to extend the existing statewide restaurant curfew from 10 p.m. to midnight, but the measure remains unchanged for now. The state’s mask mandate, applying to anyone over the age of 2 who can “medically tolerate a face covering,” has been in place since April 17.
North Carolina
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 10 (unlimited for members of the same household)
An executive order issued by Gov. Roy Cooper on Dec. 8 stressed that the 50% indoor occupancy limit is contingent on there being sufficient room in the interior to maintain a distance of 6 feet between groups. In spaces without a stated fire capacity (on which occupancy limits are based), the order says there can be no more than 12 guests for every 1,000 square feet of space. A limited mask mandate had been in effect since June, but a Nov. 23 order expanded it, requiring everyone over the age of 5 to wear a face covering indoors any time someone from another household is in the room, even if distancing is possible, and also outdoors if maintaining a 6-foot distance from others is impossible.
North Dakota
> Mask mandate Yes
> Indoor seating capacity: 100% (with some restrictions) (depending on local risk level)
> Maximum guests per table: 10
For months, North Dakota Gov. Doug Burgum resisted issuing a mask mandate and other anti-COVID-19 protocols. In late October, Dr. Deborah Birx visited the state in her capacity as White House coronavirus response coordinator and described measures being taken around Bismarck, the state capital, as the worst she had seen in a tour of almost 40 states. On Nov. 13, Burgum reversed course, ordering everyone over the age of 5 to wear face coverings in all indoor public spaces and in outdoor situations where distancing isn’t possible. He also ordered restaurants and bars to close for service at 10 p.m., but on Dec. 21, citing a decrease in active coronavirus cases and hospitalizations, he removed this restriction. The state’s 50% seating capacity limit is set to expire on Jan. 8. The state’s 50% seating capacity limit expired on Jan. 18.
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Ohio
> Mask mandate Yes
> Indoor seating capacity: Not specified
> Maximum guests per table: 10
Ohio requires everyone 10 years of age or older to wear a face covering at any indoor location that isn’t a residence, as well as outdoors when it’s not possible to maintain a 6-foot distance from non-household members. Like some other states, Ohio has established a curfew for alcohol sales and consumption, cutting off sales nightly at 10 p.m. and requiring patrons to finish their drinks by 11 p.m. New guidelines, however, have expanded the number of drinks that may be sold with each meal ordered to-go from two to three. The state has never issued capacity limits by percentage.
Oklahoma
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: Not specified
> Maximum guests per table: Not specified
Despite the fact that he recovered from COVID-19 himself this summer, Gov. Kevin Stitt has resisted issuing a statewide mask mandate, though he has asked state residents to wear face coverings. (Some cities, including Tulsa, have mandates of their own.) Effective Nov. 19, Stitt imposed an 11 p.m. curfew on bars and restaurants but declined to consider limiting capacity. Interestingly, Oklahoma is the only state that asks restaurants to limit the use of high-risk staff members, meaning those who are immunocompromised or over the age of 65. Guidelines also instruct operators to “Cross-train personnel to perform essential functions so that the workplace is able to operate even if key staff members are absent.”
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Oregon
> Mask mandate Yes
> Indoor seating capacity: 0-50%
> Maximum guests per table: 10
Gov. Kate Brown issued a temporary freeze order closing all restaurants for both indoor and outdoor service for a two-week period from Nov. 18 through Dec. 2. On Dec. 2, outdoor dining resumed, but indoor dining opened based on county-by-county risk level. Those at lowest risk may serve indoors to a capacity of 50%. Those at moderate risk are limited to 50% or 100 people total, whichever is less. High risk counties must limit occupancy to 25% or 50 people, whichever is less, and in those subject to extreme risk, no indoor dining is permitted. Masks are required, with some exceptions, for anyone 5 years of age or older.
Pennsylvania
> Mask mandate Yes
> Indoor seating capacity: 25-50%
> Maximum guests per table: 10 (unlimited for members of the same household)
Adding restrictions to a mask order that had been in effect as of July 1, Pennsylvania’s health secretary, Rachel Levine, issued an order on Nov. 18 requiring face coverings for those “Indoors or in an enclosed space, where another person or persons who are not members of the individual’s household are present in the same space, irrespective of physical distance.” The order also requires masks outdoors when physical distancing is difficult. Gov. Tom Wolf subsequently issued a “limited-time mitigation” order, effective from Dec. 12 through Jan. 4, prohibiting all indoor dining. Following the expiration of the order, restaurants that have self-certified for compliance with COVID-19 protocols have been allowed to operate at 50% capacity, while those that haven’t are limited to 25%.
Rhode Island
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: Unspecified as long as all are members of the same household
Masks have been mandatory in public spaces in the state since May 8 for anyone over the age of 2. Only members of the same household may be seated at indoor restaurant tables. Members of up to two households may sit together outside, as long as the total number of diners doesn’t exceed eight. The state imposed a curfew on bars and restaurants, effective Nov. 8, requiring them to close by 10 p.m. Sunday through Thursday and 10:30 p.m. Friday and Saturday.
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South Carolina
> Mask mandate Yes
> Indoor seating capacity: 100% (with some restrictions)
> Maximum guests per table: 8
Though Gov. Henry McMaster stated in June of last year that a statewide mask mandate would be unenforceable, some nine counties and 55 municipalities (including Charleston and the capital city of Columbia) instituted mandates of their own. McMaster later did an about-face, issuing an executive order on Aug. 2 decreeing in part that “Restaurants shall require that all employees, customers, patrons, suppliers, vendors, and other visitors wear Face Coverings … except while actively engaged in eating or drinking.” In addition to the order’s other provisions, the South Carolina Department of Parks, Recreation & Tourism has collaborated with the state’s Restaurant and Lodging Association to establish a voluntary program called Palmetto Priority. According to its website, “Restaurants that choose to participate in the program will complete a checklist of operational assurances as outlined in the restaurant reopening guidelines, participate in required free online education, and participate in a DHEC [Department of Health and Environmental Control] limited-scope food safety inspection.”
South Dakota
> Mask mandate No (required in some municipalities)
> Indoor seating capacity: 100%
> Maximum guests per table: Not specified
While the South Dakota Department of Health advises people to wear masks “in public settings where other social distancing measures are difficult to maintain,” Gov. Kristi Noem steadfastly refuses to institute a mask mandate or impose capacity limits on restaurants or other businesses. The state’s Back to Normal Plan stresses “the principle of personal responsibility,” but does note that “South Dakotans are encouraged to continue to consider CDC guidelines⦔
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Tennessee
> Mask mandate No (required in some jurisdictions)
> Indoor seating capacity: 100% (with some restrictions)
While Gov. Bill Lee urges Tennesseeans to wear masks in public places, he has not instituted an official mask mandate. However, the counties that include Memphis, Nashville, Knoxville, and Chattanooga, among other jurisdictions, have passed mandates of their own. The state’s restaurant guidelines suggest that establishments “Increase remote, curbside, pickup, and/or delivery options to minimize contact and maintain social distancing.” The same guidelines include a provision that may seem ironic for the capital city of Nashville — sometimes known as Music City, U.S.A. “Avoid offering live music unless appropriate precautions are taken,” it reads.
Texas
> Mask mandate Yes
> Indoor seating capacity: 50-75%
> Maximum guests per table: Not specified
Texas has mandated since July the wearing of face coverings in public spaces, including restaurants, “wherever it is not feasible to maintain six feet of social distancing from another person not in the same household.” The rule doesn’t apply to children under the age of 10. Counties with fewer than 20 active COVID-19 cases may apply for an exemption from the requirement. As of Jan. 13, 18 of the state’s 254 counties qualified. Restaurants in most of the state are allowed to operate at 75% capacity, but that limit falls to 50% in regions where the percentage of hospital beds occupied by COVID-19 patients exceeds 15% for seven straight days.
Utah
> Mask mandate Yes
> Indoor seating capacity: 100%
> Maximum guests per table: Not specified
The state had previously imposed mask mandates on a county level based on coronavirus infection rates. On Nov. 9, however, Gov. Gary Herbert replaced this with a statewide measure requiring everyone over the age of 2 to wear a face covering in public places and whenever they are unable to maintain social distancing from others not in their household. The order was set to be lifted on Jan. 21, but as it was about to expire, newly elected Gov. Spencer Cox extended it through Feb. 22. A previous order regarding restaurant occupancy limits, keyed to color-coded ratings of local infection rates, has not been renewed, and eating places may operate at full capacity if they take appropriate precautions.
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Vermont
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: Not specified
Gov. Phil Scott issued a mask mandate effective Aug. 1, and there have been several subsequent extensions — the latest of which applies until at least Jan. 15. Its terms require everyone aged 2 and older to wear a face covering both indoors and out “wherever close contact is unavoidable.” Though an indoor seating capacity of 50% is allowed, regulations limit the overall number of diners to a maximum of 75 people indoors and 150 outdoors (if the restaurant’s maximum licensed seating capacity is lower, that figure applies). Contact tracing information for diners must be retained for at least 30 days.
Virginia
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: 10
The state’s original mask mandate, which came into force in May and was updated in November, applied only to indoor public spaces. On Dec. 10., Gov. Ralph Northam issued an amended executive order, extending the requirement to outdoor spaces when individuals are “unable to maintain at least six feet of physical distance from other individuals who are not Family members.” The order is set to expire on Jan. 31. One unusual feature of Virginia restaurant regulations is that parties are limited to a maximum of 10 people whether they’re seated at the same table or at multiple ones. Alcohol sales in Virginia restaurants must stop at 10 p.m. nightly, and restaurants must close by midnight.
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Washington
> Mask mandate Yes
> Indoor seating capacity: No indoor dining
> Maximum guests per table: Not applicable
Washington restaurants and bars are closed for indoor service until Jan. 4. Outdoor dining is permitted, with restrictions — including a limit of five people per table. The state’s mask mandate, which went into effect on June 26, requires anyone age 5 or older to wear a face covering in indoor public spaces and outdoors when proper social distancing isn’t possible. Restaurants and other businesses must deny entrance to anyone not wearing a mask. In general, the state’s coronavirus response website asks the citizenry to “commit to fewer, shorter, smaller social gatherings,” and adds that “Staying home is still safest.”
Washington, D.C.
> Mask mandate Yes
> Indoor seating capacity: 25%
> Maximum guests per table: Not specified
According to an executive order issued by Mayor Muriel Bowser on July 22, face coverings are mandated whenever people “are likely to come into contact with another person” outside their own home. The rule applies to anyone over the age of 2 and requires that businesses, including restaurants, bar the maskless from entering. A Mayor’s Order dated Dec. 18 closed restaurants to indoor dining from Dec. 23 through Jan. 15. Mayor Bowser extended the ban by a week out of security concerns around the Inauguration ceremony on Jan. 20, but as of Jan. 22, restaurants have been allowed to reopen at 25% capacity.
West Virginia
> Mask mandate Yes
> Indoor seating capacity: 50%
> Maximum guests per table: Not specified
West Virginia’s initial mask mandate, issued in early July, required the wearing of face coverings in public but allowed people to remove them indoors if social distancing was possible. Gov. Jim Justice issued on Nov. 14 an update to the order that did away with that provision. Anyone aged 9 or older is now required to wear a mask at all times in indoor public spaces. The restaurant section of the state’s guide to reopening, dubbed “West Virginia Strong — The Comeback,” strongly encourages the use of disposable utensils and containers and of disposable or no-touch menus, as well as the serving of drinks in cans and bottles where possible and the prioritization of takeout and curbside pickup services.
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Wisconsin
> Mask mandate Yes
> Indoor seating capacity: Not specified
> Maximum guests per table: 6
The emergency order issued by Gov. Tony Evers, which came into force on Aug. 1, requires anyone 5 years old and up to wear a mask in all indoor public spaces including in outdoor restaurant areas if there is someone from another household in the vicinity. The order will remain in effect at least until mid-March. The order applies until at least Jan. 19. Though the state doesn’t set a maximum indoor occupancy limit, it requires that capacity be reduced to allow for adequate social distancing. State regulations note that outdoor smoking patios should be closed or limited to one person at a time.
Wyoming
> Mask mandate Yes
> Indoor seating capacity: 25%
> Maximum guests per table: 6 (unlimited for members of the same household)
A mask order requiring face coverings in restaurants as well as most other indoor public spaces went into effect Dec. 9, applying to those 12 years of age and older, though masks are encouraged for those between 3 and 11. Restaurants were required to close by 10 p.m. nightly, but on Jan. 2, Gov. Mark Gordon announced that they could return to normal business hours as of Jan. 9. About 250 people demonstrated in front of the state capitol in Cheyenne on Jan. 4 shouting “Stop the tyranny!” and demanding an end to government health orders. On Jan. 21, Gordon established a 25% operating capacity for restaurants (capacity had previously been unspecified) and extended the mask order until Feb. 14.
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