As you are well aware, to further combat the spread of COVID-19 in Missouri, Governor Parson directed Dr. Randall Williams, Director of Missouri Department of Health and Senior Services, to issue a Stay at Home Order which is effective April 6, 2020.
The MGA team has been working in constant contact with Governor Parson and his team to provide clarification to the executive order as it affects the grocery industry. Below please see some clarification to the occupancy portion.
PLEASE NOTE: Staff and Vendors (vendors include Shipt and Instacart shoppers) DO NOT count toward the total number of persons in a store, only customers.
My local jurisdiction does not have a building or fire code. Do the limitations on square footage apply to my retail business?
Yes. If your business is not subject to fire or building code occupancy limitations set by your local jurisdiction, you should calculate your occupancy limits based on the following formula:
For a business with a retail location less than 10,000 square feet:
A. Building Square Feet divided by 30 = Quotient
B. Quotient x .25 = Occupancy Limit
For a business with the retail location of 10,000 square feet or more:
A. Building Square Feet divided by 30 = Quotient
B. Quotient x .10 = Occupancy Limit
Examples:
A 40,000 square foot grocery store would be able to have 133 customers in the store at any one time.
An 8,000 square foot retail store would be able to have 66 customers in the store at any one time.
My local fire or building code occupancy limitation calculation is lower than that allowed for businesses without any fire or building code limits, or is lower than a neighboring jurisdictions fire or building code limitations. Can I apply the same formula for calculating occupancy for my business as those without a code?
Yes. You may use either the calculation set forth above for businesses without a fire or building code occupancy limitation, or the calculation applied to your business based upon your specific local jurisdiction fire and building code occupancy limitation, whichever is greater.
Example:
My 30,000 square foot retail business has a local jurisdiction fire or building occupancy limitation of 700 people. Using the formula allowing only 10% of the local jurisdiction, I would be able to have 70 customers in my store at any one time. For an identical business without a local fire or occupancy limitation, they would be able to have 100 customers in their store at any one time. Under this guidance, you may have up to 100 customers in your store at any one time.
My 6,000 square foot retail business has a local jurisdiction fire or building occupancy limitation of 150 people. Using the formula allowing only 25% of the local jurisdiction, I would be able to have 37 customers in my store at any one time. For an identical business without a local fire or occupancy limitation, they would be able to have 50 customers in their store at any one time. Under this guidance, you may have up to 50 customers in your store at any one time.
Are grocery stores considered a business “engaged in retail sales to the public”?
Yes, and such store is subject to the occupancy limitations in the Order.
Grocery stores are strongly encouraged to set aside hours, outside of regular store hours, to allow third-party grocery delivery services to provide grocery shopping services for their customers. This will allow individual shoppers to shop during regular store hours, and reduce congestion during such times. This will further allow such services to function in an environment where their services may be in excessive demand.
Shoppers at all retail stores are also encouraged, when possible, to limit the number of people shopping in stores to 1 person per household at any one time. This will better enable all families to access necessary goods in grocery stores, and further reduce the number of individuals necessary to access such goods.
If you have any additional questions regarding the Stay at Home Order, please do not hesitate to contact the MGA team or State Director Dan Shaul directly at dshaul@missourigrocers.com or (314)378-4363.
You can view the entire Stay at Home Order FAQ by clicking HERE!
