COVID-19: Restaurant Reopening Considerations

By Cristina I. Sanchez, Thomas J. Webster, and Kevin A. Woolf

Many states are beginning to modify stay-at-home orders to allow restaurants to resume dine-in operations. However, in light of the ongoing COVID-19 pandemic, restaurants will need to modify their dine-in operations to protect the health of patrons and employees. While necessary modifications will vary depending on requirements imposed by state and/or local law, as well as the nature of the restaurant’s operations (e.g., table service v. quick service), this Legal Update highlights key considerations for all restaurants. Of note, this Legal Update does not discuss the impact of compliance on the sales and operation of the restaurants—although early feedback from those who have re-opened suggests not all concepts will be able to operate at a financially sustainable level under the new guidelines.

I. Preventing the Spread of the Virus

The primary consideration for restaurant operators is to ensure the health and safety of employees and patrons. With that in mind, it is important to consider what we know—and don't know—about SARS-CoV-2. According to the Center for Disease Control and Prevention (CDC), COVID-19 is mostly spread by respiratory droplets produced when people talk, cough, or sneeze. The virus may also spread, and ultimately cause infection, when a person touches a contaminated surface and subsequently touches their nose or mouth.[1] Therefore, social distancing, cleaning and disinfecting practices are necessary to mitigate the risk of spread of the virus. According to the CDC, the risk of spread of COVID-19 in a restaurant setting is as follows[2]:

Lowest Risk: Food service limited to drive-thru, delivery, take-out, and curb-side pick-up.
More Risk: Drive-through, delivery, take-out, and curb-side pick-up emphasized, with on-site dining limited to outdoor seating. Seating capacity reduced to allow tables to be spaced at least 6 feet apart.
Even More Risk: On-site dining with both indoor and outdoor seating. Seating capacity reduced to allow tables to be spaced at least 6 feet apart.
Highest Risk: On-site dining with both indoor and outdoor seating. Seating capacity not reduced and tables not spaced at least 6 feet apart.

In light of this hierarchy of risks, the following is a checklist of practices restaurant operators are implementing in order to safely resume operations.

Employee Health: Practices and Policy

Employee Screening and Testing: Consider implementing different employee screening processes and protocols, such as questionnaires, self-certifications, temperature and other symptom checks, and testing, if available and legally permissible. Consider the frequency and duration of any implemented screening or testing protocol. Require employees who are sick to remain at home.
Protocol for Confirmed Employee Cases: What information will you require the employee to disclose, and with whom? Determine if there is any requirement to notify any government agencies, public authorities, or third parties. If possible, implement workforce contact tracing protocol to identify and inform employees and other parties who have been in close contact with the affected employee, and ensure such protocol complies with privacy and disability discrimination laws.
Employee Use of PPE: Determine whether applicable law requires some or all employees to wear face coverings, and if not, whether you will require or encourage employees to wear face coverings. Consider whether requirements vary among employee type (e.g., customer facing vs. non-customer facing employees). Also bear in mind customer preferences—your customers may feel more confident returning if they see your employees are exercising caution. If employees are required to wear face coverings, determine who will (or must) supply them. Ensure that employees are properly trained in the use, cleaning and/or disposal of any recommended or required PPE.
Employee Personal Hygiene: Train all employees on how to properly wash their hands, and encourage frequent hand washing and/or sanitization. Post CDC handwashing posters in all restrooms and at all handwashing stations, and regularly remind employees to avoid touching their mouth, eyes and nose.

Social Distancing & Restaurant Modifications

Capacity Limits: Determine whether state or local law impose any capacity limits on your restaurant, and if so, establish protocols for ensuring compliance. To assist in complying with any capacity limits and encourage social distancing, continue to promote your drive-thru, delivery, and/or curbside pickup options. Develop a protocol to ensure social distancing is honored while customers wait to be seated (e.g., distance markers, waiting outdoors, waiting in cars, etc.). Also, bear in mind that many jurisdictions are re-opening in phases, with capacity limits that increase over time.
Table Seating and Spacing: In addition to aggregate capacity limits, determine whether applicable law requires you to limit the number of patrons per table. If not, consider whether you will impose your own requirements. Outdoor and indoor dining areas should be reconfigured to the extent necessary to ensure patrons at different tables are unlikely to come within 6 feet of one another. If feasible, consider imposing physical barriers between booths. To better ensure compliance with seating and spacing requirements, consider temporarily accepting reservations only. If waiting areas remain open, consider reconfiguring these areas to the extent necessary to allow at least 6 feet of separation.
Reduce or Eliminate Self-Serve Options: If not already required by law, consider closing buffets and salad bars. Additionally, consider temporarily removing items such as napkins, utensils, and condiments packets from self-serve stations to behind the counter.
Menus: Consider alternatives to traditional multiple-use menus (e.g., sign menus, paper menus that are discarded after each customer use).
Signage: Place signage in conspicuous locations throughout the restaurant. Signage may include: (i) telling patrons not to enter the restaurant if they are sick or have felt sick within the past 72 hours, (ii) asking patrons to keep at least 6 feet of distance at all times; (iii) floor markers spaced 6 feet apart at ordering stations and waiting areas; (iv) designating doors for entrance and exits; and (v) handwashing posters in restrooms.
Contactless Technology: Offer and encourage the use of contactless technologies whenever possible, including contactless payment (e.g., RFID credit and debit cards, Apple Pay, mobile apps, etc.) and text notifications for table seating and reservations.

Cleaning Protocol and Food Safety

General Cleaning Considerations: Use EPA-registered sanitizer and disinfectant products, as appropriate, and always check the label guidelines to ensure these products are safe and recommended for use in food establishments. Consider implementing a more frequent cleaning schedule.
Target High-Touch Surfaces: To reduce the possibility of indirect transmission of the virus, restaurants should regularly clean and sanitize frequently touched surfaces and spaces, such as chairs and tabletops, cash registers, PIN pads, waiting areas, and restrooms. Additionally, consider cleaning and sanitizing often overlooked items between seatings, such reusable menus (if still being utilized), digital ordering/payment devices, check folders, and condiment bottles.
Hand Sanitizer: Make hand sanitizers with at least 60% alcohol readily available to customers. Consider implementing touchless hand sanitizing stations throughout the restaurant.
Food Safety: Provide food handler training to employees and implement enhanced food safety measures. Appropriate food safety measures include but are not limited to: using single service gloves, deli tissue, and clean utensils when handling food, wrapping food containers to prevent cross contamination, maintaining time and temperature controls, and ensuring carry-out containers and containers used to transport deliveries are clean.

II. Logistics/Operations

In addition to necessitating enhanced safety and cleaning measures, the ongoing COVID-19 pandemic will require restaurant operators to modify their day-to-day business operations. This section highlights various business considerations to keep in mind as restaurants navigate reopening.

Evaluate Staffing/Hiring Needs: Given occupancy restrictions and social distancing/health protocols, you will likely have a decreased capacity for dine-in service. You may need fewer staff and fewer people in the kitchen. On the other hand, you may need additional staff to handle enhanced delivery, curbside and other services.
Food Supply Chain: COVID-19 has impacted food supply chains leading, in many cases, to disruptions, shortages and even waste. Assess your supply needs, identify which vendors are functioning, and the extent to which they may be delayed or limited in their operations. Establish a contingency plan for vendor disruptions.
Vendors and Non-Employees: Notify vendors of reopening and ensure that vendors and other third parties are aware of any revised safety/health protocols. To assist with capacity controls and limit unnecessary interactions, consider limiting vendor visits and deliveries to times outside normal business operations.
New Dining Options: To maintain a revenue stream, consider developing strategies for alternative revenue sources including delivered meal kits, food trucks, virtual cooking lessons, and grocery-type deliveries.
Signage and Messaging: In this rapidly evolving climate, be sure to stay in touch with customers and communicate important information regarding your initial opening, what dining options are available (dine-in, curbside, delivery, catering, etc.), and what your restaurant is doing to keep people safe, including your food safety policy.
Security Operations and Enforcement of Customer Behavior: Revise security protocol to conform to health directives and consider employee training in safe de-escalation in response to customer frustration with new restrictions/limitations.

III. Additional Resources

For additional guidance regarding the resumption of restaurant operations, see also:

[1] “Considerations for Restaurants and Bars.” Center for Disease Control and Prevention. May 27, 2020. Accessed June 4, 2020.

[2] Id.