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IL COVID 19 Update #146

By November 21, 2020No Comments


1. Tier 3 Mitigation begins TOMORROW–Executive Order

2. IDPH and Attorney General Posting Requirements

3. Liquor Payment Plans and Beer Returns

4. Occupancy Load Calculations

5. Chicago Capacity Restrictions


The Governor’s Executive Order 2020-73 outlining the Tier 3 Mitigation may be found HERE.

The following Tier 3 Mitigation will take place 12:01 am TOMORROW. It includes the following:


  • All retail except for full-service grocery stores and stand-alone pharmacies will decrease capacity to 25%
  • Stand-alone pharmacies will remain at 50%
  • Full-service grocery stores will stay at a capacity of 50%

Bars and Restaurant

  • All bars and restaurants close at 11pm and may reopen no earlier than 6am the following day
  • No indoor service
  • All bar and restaurant patrons should be seated at tables outside
  • No ordering, seating, or congregating at bar (bar stools should be removed)
  • Tables should be 6 feet apart
  • No standing or congregating outdoors while waiting for a table or exiting
  • No dancing or standing indoors
  • No tables exceeding 6 people
  • Reservations required for each party
  • No seating of multiple parties at one table
  • Indoor gaming terminals must suspend operations
  • Includes private clubs and country clubs
  • Drive thrus and delivery are not impacted by the “curfew” and shall remain operating

Health Clubs

  • All health clubs will decrease capacity to 25%
  • Face coverings must be worn at all times
  • No indoor group fitness classes
  • Locker rooms must close
  • Team sports are not allowed
  • Massages only allowed if accompanied with a note from a doctor but appointments must be spaced by a minimum of 15 minutes and facilities should take steps to sanitize and circulate clean air through service rooms before and after each service
  • Salon services allowed, but no services that require the removal of the face covering
  • Reservations are required


  • All salons/spas will decrease capacity to 25% or 25 clients
  • Services that require the removal of the face covering are not allowed
  • Face coverings must be worn at all times by clients and service providers

Indoor recreation, theaters, cultural institutions (e.g. casinos, bowling, arcades, movie theaters, museums and zoos)

  • Gaming and casinos close
  • Indoor recreation centers, including theaters, performing arts centers and indoor museums and amusement centers, close
  • Live streaming of performances encouraged with social distancing of performers and minimum operational staff
  • Outdoor activities allowed at 25% capacity or less
  • Outdoor group activities limited to 10 persons or less, participants/guests must wear face coverings at all times
  • Reservations required for each guest for outdoor activities

Meetings, social events and gatherings (including weddings, potlucks, etc.)…

  • Limit in home gatherings to household members
  • Meeting rooms, banquet centers, private party rooms, private clubs and country clubs may not host gatherings
  • No party buses
  • Funerals are limited to 10 family members of the decedents, not including staff


  • All employees who can work remotely should work remotely


  • Hotel room occupancy should be limited to registered guests only, with the maximum allowance being the number of individuals permissible per existing fire code for each applicable guest room
  • Fitness centers should be closed, or operated only on a reservation model with capacity limited to 25% of the maximum occupancy for the room
  • Grab and go food allowed
  • Event and meeting space closed


  • Additional COVID training for all employees required even if previous training occurred
  • Operators should coordinate with IDPH to implement testing protocols and contact tracing, upon request, consistent with available testing supplies
  • All employees must wear face coverings at all times unless eating or drinking. Exemptions only for safety purposes.
  • Only manufacturing staff and key personnel allowed in facilities. Non-production employees must work remotely. Non-essential staff and visitors are not permitted. Exemptions only for critical equipment repairs, supply deliveries and safety reasons (“critical visitors”).
  • All critical visitors must have an Employee Health and Safety (EHS)-approved risk-assessment done in advance, including travel history, tracking, and temperature check prior to entrance.
  • Implement additional workstation realignment when feasible
  • Stagger and space shifts, and designate shift entrances and exits (when possible) to minimize interactions of employees across unique shift groupings
  • Station sanitation required at beginning and ending of shifts
  • Operators must suspend COVID-related incentive pay and promote staying home when sick or showing symptoms
  • Implement temporary leave policies to accommodate workers who are sick
  • Develop and implement safety protocols for employee travel vans to promote spacing, require face coverings, temperature checks, air circulation, and vehicle sanitization

You may find the Tier 3 Mitigation HERE.

The occupancy limits will be based on the four corners of the building. Employees and vendors will not be counted towards the limits.


The Executive Order requires businesses to “prominently post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.”

The guidance and posting may be found HERE and HERE.


Please note that the Illinois Liquor Control Comission (ILCC) is allowing retailers to enter into payment plans with wine and spirits distributors in consideration of the effects of the Governor’s recent mitigation activity. Retailers are allowed to enter into a payment plan for debts owed from purchases between October 1, 2020 – November 15, 2020. Retailers that have entered into payment plans will not be considered delinquent. You can read the notice HERE.

The ILCC is also allowing restaurants that are closed for indoor dining to return beer, wine and spirits that were purchased between October 1, 2020 – November 15, 2020. Note that unlike the payment plans, which distributors must allow you to enter into, a distributor is not mandated to take your returns. The ILCC is just giving them the authority to do so…if the distributor chooses. Returns must be requested by December 15, 2020. This exception is authorized only for on-premise licensees and for establishments licensed for both on and off-premise service. If kegs are returned, they must be untapped and all alcohol must be in its original packaging. Unfortunately, the returns cannot be in cash. They will only apply to current or future indebtedness. Further conditions are listed in the notice HERE.


The local fire code should determine your occupancy load. IF NOT, then use this International Building Code chart to determine your occupancy load. The occupancy load is calculated by dividing the area of a room by its prescribed unit of area per person. For example, the chart dictates that retailers require 30 square feet of floor area for every occupant. Consequently, a retailer that has a 10,000 square foot building will have a maximum occupancy of 333 people. 10,000/30=333.

Per the Tier 3 mitigation a retailer is limited to 25% occupancy for the entire space the retailer occupies. So in the example above the maximum occupancy would be 83. 333 x .25=83

Per the Tier 3 mitigation a grocery store and a pharmacy is limited to 50% occupancy for the entire space the grocery store or pharmacy occupies. So in the example above the maximum occupancy would be 166.


In the last 24 hours there has been 14,612 new confirmed cases and 168 deaths.

IDPH is reporting a total of 621,383 cases, to date, including 11,178 deaths.

The state has conducted 9,472,674 tests to-date.

Additional information can be found here. COVID-19 stats by zip code can be found here.


The per day averages citywide as of November 17th is 3,225 confirmed cases, 16,500 tests completed, and 7 deaths (based on a 7 day rolling average).

To date, there has been 138,544 confirmed cases in the City of Chicago with 3,205 confirmed deaths and a 15.5% positivity rate.

Additional information may be found here where you may select different data points such as zip code, ethnicity, age, gender, cases, tests, death, etc.

Chicago Tier 3 Capacity Comparison

The City of Chicago has put together a chart comparing the City’s current mitigation with the State’s Tier 3 mitigation that begins tomorrow. The chart outlines the new capacity limits that will take place within the City of Chicago.

You may find the chart HERE.


If the regions meet the metrics outlined below, then they COULD be subject to restrictions or mitigations outlined here.

You may find the regional metrics here.

Danger regions are marked in RED.




Positivity Increases (7 Day Avg)
>8% Positivity Rate
2-North Central
3-West Central
4-Metro East
6-East Central
7-South Suburban
8-West Suburban
9-North Suburban
10-Suburban Cook


As you are aware from IRMA’s last notice, the Administration will now use the following metrics to determine whether or not a region is moving forward or backward.

1. Sustained increase in 7-day rolling average (7 out of 10-days) in the positivity rate and ONE of the following severity indicators:

·     Sustained 7-day increase in hospital admissions for a COVID-19 like illness;

·     Reduction in hospital capacity threatening surge capabilities (ICU capacity or medical/surgical beds < 20%)


2. Three consecutive days averaging ≥ 8% positivity rate


1. NORTH: Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside, Winnebago

2. NORTH-CENTRAL: Bureau, Fulton, Grundy, Henderson, Henry, Kendall, Knox, La Salle, Livingston, Marshall, McDonough, McLean, Mercer, Peoria, Putnam, Rock Island, Stark, Tazewell, Warren, Woodford

3. WEST-CENTRAL: Adams, Brown, Calhoun, Cass, Christian, Greene, Hancock, Jersey, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler, Scott

4. METRO EAST: Bond, Clinton, Madison, Monroe, Randolph, St. Clair, Washington

5. SOUTHERN: Alexander, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Marion, Massac, Perry, Pope, Pulaski, Saline, Union, Wabash, Wayne, White, Williamson

6. EAST-CENTRAL: Champaign, Clark, Clay, Coles, Crawford, Cumberland, De Witt, Douglas, Edgar, Effingham, Fayette, Ford, Iroquois, Jasper, Lawrence, Macon, Moultrie, Piatt, Richland, Shelby, Vermillion

7. SOUTH SUBURBAN: Kankakee, Will

8. WEST SUBURBAN: DuPage, Kane

9. NORTH SUBURBAN: Lake, McHenry

10. SUBURBAN COOK: Suburban Cook

11. CHICAGO: City of Chicago

You may view the regions and map of the regions here.