Los Angeles County and the Cities of Los Angeles, Long Beach, and Pasadena Allow Many Retailers and Their Supporting Manufacturing/Logistics Businesses to Reopen, With Limitations

05.19.2020

Los Angeles County and the Cities of Los Angeles, Long Beach, and Pasadena (the “LA Jurisdictions”) have all moved further into Phase 2 of reopening.  This loosening of restrictions comes on the heels of California Governor Newsom’s guidance easing restrictions on businesses across the state.   The LA Jurisdictions did not go as far in loosening restrictions as the State had—offices of non-essential businesses, for instance, are not allowed to reopen in them.  But, they have expanded the types of businesses that may open to those designated “Lower-Risk Businesses” as discussed below in this alert.  Please note that in addition to the requirements discussed for each jurisdiction in turn, all reopening businesses must also comply with the California State guidelines that pertain to them, available here.

Los Angeles County.  Effective May 13, 2020 Los Angeles County has allowed most retailers—as well the manufacturing and logistics sector businesses that support them—to reopen.  However, retailers that are located within an indoor mall or shopping center must remain closed.  For retailers that open, they can only provide “goods and services to the public via curbside, doorside, or other outdoor or outside pickup, or via delivery.”  Notably, “[m]embers of the public are not permitted inside.”

Prior to reopening, retailers that reopen must “prepare, implement, and post the required Los Angeles County Department of Public Health Reopening Protocol for Retail Establishments”, found here.  Manufacturing and logistics sector businesses that support the retailers must do the same with their own respective protocol, found here.

City of Los Angeles.  The City of Los Angeles has adopted similar measures as Los Angeles County, also effective May 13, 2020.  Specifically, the City of Los Angeles has allowed retail stores to reopen “for delivery and/or curbside pick up only.”  Again, retailers may not allow customers to enter their stores.  The City of Los Angeles is also is allowing “[b]usinesses that manufacture retail goods” to reopen.

Businesses that reopen in the City of Los Angeles must “adopt the County of Los Angeles Protocols for Retail Establishments Opening for Curbside Pickup”, which are the same as those linked for Los Angeles County above.

Long Beach.  Long Beach has also adopted similar measures as Los Angeles County, effective May 13, 2020.  Again, retailers are allowed to reopen “for curbside or delivery only”, along with “any non-retail business that is a manufacturing and logistics sector business which supplies” retailers.  In a variation from the other jurisdictions, Long Beach has also allowed the following types of businesses to reopen:  “[a]utomobile dealerships showrooms or operations”;.  “[s]elf-service car washes”, and “services for animals/pets, such as grooming, walking, and training.” 

All businesses allowed to reopen must “prepare and post a Physical Distancing Protocol”, found here.  Retailers must also “[i]mplement and post a Retail Physical Distancing Protocol”, found here.  Automobile showrooms are specifically called upon to follow the State guidelines governing their industry, found here.

Pasadena.  In Pasadena, effective May 14, 2020, retailers may open for “curbside, doorside, or other outdoor or outside pickup, or via delivery.”  Pet grooming services may also reopen, as may car wash businesses.

Retailers must implement, adhere to, and post Pasadena’s Public Health Reopening Protocol for Curbside Retail, which can be found toward the back of the order, available here.  Pet grooming services and car wash businesses also must implement, adhere to, and post their own respective protocols, which are also found toward the back of the order.

Conclusion and Next Steps

As the LA Jurisdictions begin allowing certain businesses to reopen, employers should take care to comply with all local and State restrictions and guidelines.  If you have any questions or concerns about whether you may reopen, or about how to ensure that you are in compliance with the above restrictions and the many others that are in place, please contact the authors of this article or the other attorneys at AALRR who can provide advice and counsel specific to your particular circumstances.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

©2020 Atkinson, Andelson, Loya, Ruud & Romo

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