Bar Closures And Changes To Nevada’s COVID-19 Measures

Emergency Directive 27, issued by Governor Sisolak late last week, makes the following changes to Nevada’s COVID-19 measures:

• All restaurants and food establishments, including bars and taverns licensed to serve food, must limit seating to parties not greater than 6. This is a statewide change. Restaurants must continue to limit occupancy to 50% and are strongly encouraged to use outdoor seating to the maximum extent practicable.
• Bar tops and bar areas in any restaurant or food establishment in a county with an Elevated Disease Transmission must close to customers. Bar beverages may still be served at tables for onsite consumption but customers may not be served at the bar.
• Bars, pubs, taverns, breweries, distilleries, and wineries not licensed to serve food (including those in restricted or nonrestricted gaming establishments) in counties with Elevated Disease Transmission must close to the public. This does not prohibit employees in nonrestricted gaming establishments from making drinks behind the bar top or from collecting and distributing drinks to patrons seated at tables or gaming machines. Curbside pickup or home delivery is still permitted where allowed by local code or ordinance.
• Nevada will track each county’s data, looking at three criteria: average tests per day, rates of positive cases, and test positivity over a 7-day period. A county will be flagged for Elevated Disease Transmission when it meets two of the three criteria. Tracking results will be updated no earlier than every two weeks.
• Counties must submit to the Nevada Department of Health and Human Services a reopening plan that includes mitigation initiatives and a compliance plan for approval to reopen.

The counties currently flagged with Elevated Disease Transmission are Clark, Elko, Humboldt, Lander, Lyon, Nye, and Washoe. These counties will be reevaluated on July 24. Additional counties may be flagged as having an Elevated Transmission Risk at any time and will then be reevaluated on their own 2-week schedule.

For more information on these complicated changes, review the Guidance on Directive 27, the July 10 Press Release regarding the new county tracking system, and the county tracker effective July 9. KZA attorneys are available to assist you with any questions you have about these measures.

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