NJ Gov. Murphy and State Director of Emergency Management Clarify Permissible Operations for Certain Businesses

On March 30, 2020, New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued Administrative Order 2020-6  providing additional guidance regarding how certain businesses may operate under Gov. Murphy’s Executive Order 107 (which we wrote about here).  The Administrative Order clarifies and directs that:

• Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business, but that open houses are still considered impermissible gatherings;
• Car dealers may continue to conduct online sales or remote sales that are consistent with current law. In the event of such a sale, the car may be delivered to the purchaser or the purchaser can pick up the car either curbside or in the dealership’s service lane;
• In accordance with the guidance released by the federal Department of Homeland Security, effective Tuesday, March 31, at 8:00 a.m., firearms retailers are permitted to operate – by appointment only and during limited hours – to conduct business that legally must be done in person. The NICS background check system will be up and running to process firearms purchases; and
• Golf courses are considered recreational and entertainment businesses that must close to the public and to members associated with private golf clubs.

In announcing the Administrative Order, Col. Callahan and Gov. Murphy stressed the need to be flexible in order to keep New Jersey’s economy running, but made clear that the safety of residents is the top priority.  “While we’ve made adjustments to businesses that are permitted to operate, my stay-at-home order remains firmly in effect,” said Governor Murphy. “Unless you absolutely need to get out, or unless your job is critical to our response, I have ordered all New Jerseyans to just stay home.”