Explanation of Orleans Parish 3.1 Guidelines, Current State Phase 3 Guidelines and Related Issues

Yesterday, Mayor Cantrell held a press conference announcing the City's movement into its version of Phase 3--Phase 3.1, as defined by the City. The Mayor also announced a tentative Time Line for moving into Phase 3.2 ("as early as 10/16") and Phase 3.3 ("as early as 10/31"). See the attached NOLA Phase 3.1 Time Line Chart. Following is a summary of the NOLA Phase 3.1 Guidelines, the current state Phase 3 Guidelines and reports related to legislation pending in the Louisiana Legislature. The Legislature convened for a Special Session on Monday, September 28, 2020, and is considering, among other things, COVID-related legislation that affects restaurants and bars.
 
You can watch the Mayor's Press Conference here: 
https://www.facebook.com/mayorcantrell/videos/3344422448980071?utm_campaign=City_of_New_Orleans&utm_content=&utm_medium=email&utm_source=govdelivery&utm_term=Mayor LaToya Cantrell on Facebook Watch

1. WHAT HAS CHANGED FOR RESTAURANTS AND BARS WITH RESTAURANT-CONDITIONAL PERMITS IN ORLEANS PARISH? Restaurants & Bars with Restaurant-Conditional Permits are now allowed 75% indoor occupancy and can continue 100% of outdoor capacity while following the State Fire Marshal Guidelines for Restaurants including social distancing requirements. The service and sale of ALL alcoholic beverages shall only occur between the hours of 8 a.m. and 11 p.m. See page 8 & 9 of the attached NOLA Phase 3.1 Guidelines 10.1.20. Also See the attached copy of the State Fire Marshal & ATC Phase 3 Guidelines 9.30.20.  Please note that the State Fire Marshal & ATC Phase 3 Guidelines 9.30.20 do not completely apply to Orleans Parish Restaurants & Bars, as the city has some special restrictions for restaurants and bars can only sell to go. See below.
2. CAN PATRONS SIT AT THE PHYSICAL BAR IN RESTAURANTS/BARS WITH RESTAURANT-CONDITIONAL PERMITS IN ORLEANS PARISH? NO. The city's Guidelines specifically provide that "No seating shall be allowed at the physical bar." See page 8 of the attached NOLA Phase 3.1 Guidelines 10.1.20. The Mayor has been repeatedly asked to reconsider this restriction and, to date, has opted not to change this rule.
3. DO RESTAURANTS/BARS WITH RESTAURANT CONDITIONAL PERMITS HAVE TO CLOSE AT 11:00 P.M. IN ORLEANS PARISH? NO. As stated above, both the city and state Guidelines restrict alcohol sales to between the hours of 8 a.m. to 11 p.m. However, neither the city or the state Guidelines mandate closing hours. So, you can stay open and continue to sell and serve food and non-alcoholic beverages. There is an 11 p.m. closing hour for bars. See below.
4. WHAT HAS CHANGED FOR BARS WITHOUT RESTAURANT-CONDITIONAL PERMITS IN ORLEANS PARISH? Bars are now allowed to sell and serve alcoholic beverages for "to go" only between the hours of 8 a.m. and 11 p.m. See page 9 of the attached NOLA Phase 3.1 Guidelines 10.1.20. According to the state Guidelines, bars must also close at 11 p.m.  See pages 1 & 11 of the attached State Fire Marshal & ATC Phase 3 Guidelines 9.30.20. The city's Guidelines do not specifically mandate a closing time for bars other than stating that bars "must follow the State Fire Marshal guidelines for Restaurants Cafes Bars." See page 9 of the attached NOLA Phase 3.1 Guidelines 10.1.20. In any event, both the city and the state have repeatedly said that the city can be more but not less restrictive than the state. Since the state has mandated a closing time, the city, unless otherwise challenged, cannot be less restrictive (e.g., order no or later closing time for bars, etc.). 
5. CAN BARS WITHOUT RESTAURANT-CONDITIONAL PERMITS IN ORLEANS PARISH ALLOW CUSTOMERS TO ENTER THEIR PREMISES TO PURCHASE TO GO ITEMS? The answer appears to be YES. The city's Guidelines do not specifically address this issue except to the following extent: bars "shall be allowed to sell alcoholic beverages through drive-thru, takeout and curbside pickup..." See page 9 of the attached NOLA Phase 3.1 Guidelines 10.1.20. The Guidelines do not prohibit customers from entering a bars premises for the purposes of "takeout" service. However, bars must enforce social distancing, etc. guidelines (e.g., 6 foot distance between customers waiting in line, masks on customers and employees, etc.).
6. CAN BARS WITHOUT RESTAURANT-CONDITIONAL PERMITS IN ORLEANS PARISH ALLOW CUSTOMERS TO LOITER/GATHER OUTSIDE OF THEIR PREMISES? The answer appears to be YES. According to the city's Guidelines, bars "are required to prohibit customers from loitering outside of the premises if such customers are not practicing social distancing or wearing masks." See page 9 of the attached NOLA Phase 3.1 Guidelines 10.1.20. As long as customers are practicing social distancing and wearing masks when not consuming food and/or drinks, customers can loiter outside of a bars' premises.
7. SALES OF PACKAGED ALCOHLIC BEVERAGES AT RETAIL STORES (C-STORES, PACKAGE STORES, ETC.) IN THE FRENCH QUARTER AND CERNTRAL BUSINESS DISTRICT. According to the city's Phase 3.1 Guidelines, the sale of packaged alcoholic beverages "shall only occur between the hours of 8 a.m. and 11 p.m. in the French Quarter and the Central Business District, which is defined to include all areas bounded by the Mississippi River, the center line of Esplanade Ave., the center line of Rampart St., and the center line of Common St." In other words, c-stores, package liquor stores, grocery stores, etc. are prohibited from selling alcohol after 11 p.m. and before 8 a.m. each day. See pages 7 & 8 of the attached NOLA Phase 3.1 Guidelines 10.1.20.
8. LIVE ENTERTAINMENT. Indoor live entertainment continues to be prohibited (see state exception below, which is not presently applicable in Orleans Parish). Outdoor live entertainment is allowed according to both city and state Guidelines. However, there are restrictions and the city requires a special event permit for outdoor live entertainment. See pages 13 & 15 of the attached NOLA Phase 3.1 Guidelines 10.1.20. The state Guidelines do allow indoor live entertainment restricted to "string and percussion instruments without singing and with social distancing between band members and audience..." Dancing remains prohibited both indoor and outdoor. See pages 4 & 6 of the attached State Fire Marshal & ATC Phase 3 Guidelines 9.30.20. 
9. POOL TABLES, DARTS, SIMILAR GAMES PROHIBITED. According to the state ATC, "pool, darts, shuffleboard and cornhole," etc. are prohibited at restaurants and bars. See pages 1 & 11 of the attached State Fire Marshal & ATC Phase 3 Guidelines 9.30.20. 
10. ORLEANS PARISH OUTDOOR DINING GRANT PROGRAM EXPANDED TO INLCUDE BARS. The Mayor announced yesterday that the previously launched Outdoor Dining Grant Program will now be available for bars too. Restaurants and Bars can apply for grants of up to $2000.00 to expand their outdoor dining capacity. Of course, there are certain rules, etc. Applications can be completed and submitted at OUTDOORDININGNOLA.COM. The Mayor discussed this during her press conference yesterday. You can view her comments by using the link to her press conference above.
11. ENFORCEMENT. The Mayor spent a portion of her press conference yesterday to emphasize that the city intends to increase enforcement against businesses that do not comply with the Guidelines. You can listen to the Mayor's comments about enforcement using the link to the press conference above.
12. STATE GUIDELINES APPLICABLE TO BARS ONCE ALLOWED TO OPEN IN ORLEANS PARISH. Once bars are allowed to open for on premises consumption in Orleans Parish, the state restrictions  (e.g., no one under 21, 25% capacity, no more than 50 people inside and no more than 50 people outside, etc.) for bars will apply. See pages 1, 11 & 12 of the attached State Fire Marshal & ATC Phase 3 Guidelines 9.30.20.
13. WHEN WILL THE STATE MOVE INTO ANOTHER PHASE OR LOOSEN THE CURRENT PHASE 3 RESTRICTIONS. The Governor's current proclamation is effective until October 9, 2020. Today, the Governor announced that he will hold a press conference on next Thursday, October 8, 2020, presumably to announce his intentions with regard to his proclamation, which, again, expires on 10/9/20.

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​OTHER ISSUES:

1. THE STATE LEGISLATURE. The state legislature convened for a Special Session on Monday, September 28, 2020, which must adjourn no later than Tuesday, October 27, 2020. The legislature is considering numerous issues. There is an effort to require more legislative input in the crafting and implementation of restrictions during emergencies like COVID. Some legislators are not satisfied with the current COVID restrictions. They would either like the ability to override the Governor's restrictions or at least have more input in the process of crafting such restrictions. The legislative process is fluid and we are not sure what will finally pass the legislative process. In any event, the debate that is occurring at the legislature may at the very least somewhat influence the Governor's future COVID restriction decisions. Also, the legislature is considering several proposals to provide some relief to restaurant and bar businesses by waiving certain alcohol & health permits fees. And today, the Louisiana House of Representatives finally passed (68 to 25) a bill (HB 32 by Reps. Zeringue & Magee) that requires the Governor to treat restaurants and bars exactly the same when imposing emergency restrictions. We will provide a more comprehensive update on the legislative issues being considered by way of a separate email.