New Indiana Criteria for Retail Operations and Creation Enforcement Response Team

On April 6, 2020, Indiana Gov. Eric Holcomb executed Executive Order 20-18, replacing Executive Order 20-08 (Stay at Home Order).  Executive Order 20-18 contains much of the same language as Executive Order 20-08 but adds criteria for retail operations and provides for the creation of an Enforcement Response Team.

New Criteria for Retail Operations

Retail businesses providing the “necessities of life” (e.g., grocery stores, certified farmer’s markets, convenience stores and gas stations, pharmacies, auto sales and repair shops, etc.) may remain open to the public, provided they:

  1. Limit the number of customers in their facility at any given time to achieve the CDC’s required social distancing;
  2. Limit their hours of operation and consider implementing separate operating hours for the elderly and other vulnerable customers; and
  3. Comply with social distancing and sanitation of applicable areas and other mitigation measures to protect its employees and the public.

For a complete list of retail businesses that qualify as providing the “necessities of life,” please refer to Executive Order 20-18, Section 14(b).  All other retail businesses may remain open only for online or call-in ordering with delivery or curbside pickup.

Enforcement Response Team

Executive Order 20-18 also provides for the creation of an Enforcement Response Team, which will be led by the Chairman of the Indiana Alcohol & Tobacco Commission and comprised of state law enforcement from agencies other than the Indiana State Police. 

The purpose of this new Enforcement Response Team is to investigate and enforce violations of Executive Order 20-18.  Penalties for businesses or entities found in violation of Executive Order 20-18 range from verbal warnings to forced closures and potential revocation of licenses or permits.

Please contact your KDDK attorney or any member of the KDDK business law team for additional information and individualized guidance on how the Executive Order may affect your business.

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