N.J. Admin. Code § Executive Order No. 228 (2021)
Governor Philip D. Murphy
Executive Order No. 228 (2021)
An Order Clarifying that Wedding Receptions Can Operate at an Increased Capacity
Issued: March 3, 2021.
Effective: March 5, 2021.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, 186, 191, 200, 210, 215, and 222, issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, September 25, 2020, October 24, 2020, November 22, 2020, December 21, 2020, January 19, 2021, and February 17, 2021, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 has continued to spread across New Jersey, I have issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act, to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183, Nos. 186-187, Nos. 189-198, No. 200, Nos. 203-204, No. 207, and 210-211 (2020) and Nos. 214-216, Nos. 219-220, Nos. 222223, and No. 225 (2021), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, to limit community spread from person-to-person contact through use of social mitigation measures, Executive Order No. 107 (2020) prohibited gatherings of individuals and ordered residents to remain at home, except in limited situations such as leaving the home for a religious reason, closed all recreational and entertainment businesses, and limited all restaurants, dining establishments, and food courts, with or without a liquor license, all bars, and all other holders of a liquor license with retail consumption privileges, to offering food delivery and/or take-out services only; and
WHEREAS, after consultation with officials from the Department of Health ("DOH"), I announced a multi-stage New Jersey's Road Back Plan for the methodical and strategic reopening of businesses and activities, including increased capacity for religious services, based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, Executive Order No. 219, issued February 3, 2021, most recently increased the indoor limit for all wedding ceremonies to no greater than 35 percent of the room's capacity, but maintained the overall cap of 150 persons in place since September of 2020; and
WHEREAS, Executive Order No. 225, issued February 22, 2021, increased the indoor limit for religious services or celebrations, including wedding ceremonies, to 50 percent of the capacity of the room in which it takes please, but regardless of the capacity of the room, such limit shall never be smaller than 10 persons; and
WHEREAS, wedding receptions are limited to 10 individuals indoors and 25 individuals outdoors consistent with current gathering limits; and
WHEREAS, in the past twelve months, we have gained critical knowledge regarding COVID-19, including a better understanding of the risks associated with certain activities, the activities that are most conducive to spread of the virus, and the safeguards that can be implemented to mitigate those risks; and
WHEREAS, this information, together with expanded access to testing, personal protective equipment, and other materials necessary to protect individuals from spread of the virus, as well as the ongoing implementation of the State's vaccination program, allows for certain activities to continue subject to more limited restrictions; and
WHEREAS, the number of new hospital admissions, current hospitalized patients, ventilators in use, and patients in intensive care have decreased over the past month; and
WHEREAS, in light of aforementioned improvements in the State's numbers and our continued emphasis on the importance of wedding ceremonies, it is appropriate to allow venues to host wedding receptions at the same capacity that is currently permitted for certain ceremonies; and
WHEREAS, all gatherings, whatever their nature, must continue to utilize protective measures, including use of masks and social distancing; and
WHEREAS, while New Jersey is rapidly expanding its capacity to vaccinate large numbers of individuals each day, it is still appropriate to maintain strict mitigation protocols, including overall limits on gatherings, to ensure spread is limited while dissemination of the vaccine continues; and
WHEREAS, it is critical that individuals continue to follow social distancing, masking, and other infection control protocols while vaccine administration is ongoing in the State; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 228 (2021)