Santa Clara County’s Department of Public Health has announced a new Risk Reduction Order that will allow more business categories to re-open if the County moves into Tier 3 (the “Orange” tier), the next stage of the State’s Blueprint for a Safer Economy. 

This change could occur as soon as Oct. 14, officials announced this week. The State will announce whether Santa Clara County can move into the new Tier on Oct. 13, when additional health metrics are released.  

The announcement comes as Santa Clara County issued a new Risk Reduction Order that mostly aligns with the State’s framework. However, for some indoor operations, the County regulations will place additional restrictions on occupancy over and above the State’s requirements. (Where state and county orders differ, the more restrictive rule should be followed.)  

NEW! The County has issued specific guidance for safe operations, called “Mandatory Directives,” that must be followed in Santa Clara County.  

• Mandatory Directive for Dining 
• Mandatory Directive for Gatherings 

UPDATED! What businesses could begin indoor operations on Oct. 14 if we move into Tier 3/Orange? 

Indoor dining: But only up to 25% capacity or 100 people, whichever is fewer. To help set up your restaurant, you must follow the guidance for ventilation, table spacing, customer screening, contact tracing preparation and social distancing as outlined in the Mandatory Directive for Dining 

Bars, breweries, brewpubs and distilleries that do not serve meals may operate outdoors only, and may only serve customers who are seated at tables. These businesses must comply with both the state guidance and the county’s mandatory directive. In the event of a conflict between State guidance and this Directive, the more restrictive measure must be followed. See Page 11 of the Directive. Bars that serve meals may operate indoors, but must comply with all applicable rules for indoor dining.

Wineries may operate outdoors in compliance with outdoor dining regulations. Wineries may operate indoors at a maximum of 25 capacity or 100 people, whichever is fewer, and must follow the regulations for indoor dining.

Live entertainment is only allowed as background ambiance, not as an entertainment attraction which constitutes an event. Live entertainment can not feature vocals or wind instruments. See Pages 7 and 9 of the Mandatory Directive for Gatherings. 

Smoking lounges:  Smoking lounges may operate outdoors in accordance with the rules for outdoor dining set forth in Sections I and II of this Directive. Smoking lounges may not operate indoors except for the following: takeaway retail sales and indoor dining in accordance with the rules in Sections I and III of this Directive, provided that the smoking lounge component of the operation is closed. For instance, a hookah lounge may serve tea, coffee, and snacks at indoor tables, but customers may not smoke hookah while inside the facility.

Gatherings, including movie theaters, churches and other political, religious, cultural gatherings. Most other types of gatherings are still prohibited by the State. Outdoor gatherings will be limited to 200 people and indoor gatherings up to 25% of capacity or 100 people, whichever is fewer.  Details and requirements for safe gatherings is available in the Mandated Guidance for Gatherings. 

Other business activities will be allowed to open to the extent allowed under the state’s Orange Tier, unless modified by the County’s order or mandatory directives. 

Note that while the state’s Orange Tier allows nonessential offices to reopen indoors with modifications, Santa Clara County’s Risk Reduction Order mandates that all businesses must require that personnel carry out their job functions remotely if they are able to do so.

NEW! In addition, all businesses will soon be required to complete and submit a new Social Distancing Protocol through the county’s covid19prepared.org site. All business are required to update their Distancing Protocols within 14 days of when the Revised Order takes effect using a new template for the Social Distancing Protocol that will be made available soon. 

For more details, please check the County Health webpages on COVID-19.