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DECLARATION OF EMERGENCY
DIRECTIVE 040
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada, issued a Declatation of
Emergency 0 facilitate the State's response o the COVID-19 pandemic; and
WHEREAS, on Masch 13,2029, Donald J. Trump, President ofthe United Seaes, declared nationwide emergency
pursuant to Sec. 501(b) of the Robert T. Stafford Dstster Relief and Emergency Assistance Act, 42 USC. 51215207
(the "Stafford Ace"; and
WHEREAS, on March 14, 2020, formed medical advisory team to ptovide medical uidance and scientifically
based recommendations on measures Nevada could implemeat to better contain and mitigate the spread of COVID.
Spand
WHEREAS, infectious disease nd public heath experts advised that minimizing intepersonal contact slows the
‘teat which the dense spread, and is necessary to avoid overwhelming healthcare sytem and
WHEREAS, infectious disease and public health experts advised that wearing x mash or other fice covetng is an
important and effective measure to seduce the spread of COVID-19: and
WHEREAS infectious disease and publichealth experts advised that a mor eousce of new infections ate gatesings,
bars, and restaurants, especially those where people remove thet masks and interact with others who ace hot pat of
theit household and
WHEREAS, on November 24, 202, I Steve Sisolak, Governor of Nevada, issued Emergency Ditective 035 in
‘response to deamatic suse in COVID-19 eases; and
WHEREAS, Emergency Dixecive 035 implemented a “Statewide Pause,” which restcted the sizeof guhesings,
seduced capacity for bas, restaurants, and other businesses, and urged Nevadans o suy home to the gicatest extent
potsibl, inorder to stop the suige in COVID.19 eases; and,
WHEREAS, in late December 2020, Nevada began dstibuting COVID-19 vaccines, but the supply of vaccines
‘emai severely limited and,WHEREAS, Nevada's hospitalization sate foe suspected and confused COVID-19 cases has tended downwatd
since mid January 2021; and
WHEREAS, since miJnuary 2021, the 14-day moving average test positive ate has steuly declined, ba til
well over the 5% threshold recommended bythe WHO for reopening, and COVID-19 sl poses «substantial threat
to the public health; snd,
WHEREAS, on March 1,202, the Stat’ public heath advisor and State epidemiologist issued recommendations
that the Govemor revise mitigation measures and guidance celated to ive entertainment and musial pecformances,
sind
WHEREAS, NRS 414.060 outines powers and dates delegated tothe Governor during the existence ofa suite of,
‘emergency, iteluding without iitation, daectng and coatolling the conduct of the genesal public and the movement
and cessation of movement of pedestins and vehicular traffic during, before and after exercises or an emergency of
WHEREAS, NRS 414.070 outlines addtional powess delegated to the Governor duting the existence of a state of.
emergency, including without imitation, enforcing all lw and regulations relating to emergency management and
satuming direct operstional contol of any of all foxes, including, without liaion, volunteer and auiagy stat?
fox emergency managementin the Sie; providing for and compelling the eracaation of all or pat ofthe poplation
fiom sny eticken or threatened area o aeas within the State and to take such steps as axe necessary forthe vecapt
snd care of those persons and performing and exercising such other functions, powers and duties as are necessary to
promote and secure the safety and protection of the civilian population.
NOW THEREFORE, by the authotity vested in me as Goveenor by the Constitution and the las ofthe State of
[Nevada and the United States, nd pursuant tothe Masch 12,2020, Emexgeney Decision,
ITIS HEREBY ORDERED THAT;
SECTION 1: The limitations imposed by previous Directives are hereby superseded by the explicit provisions of|
this Ditecive. Any provisions not addressed by this Dzective shall remain in force as provided by
previous Diectves or regulations promulgned pursuant to the March 12, 2020 Declaration of
os
SECTION 2: Section 12 of Directive 037 is hesehy amended to read a follows:
Venues with listed fire code capacity of fewer than 2,00 may permit public atendance at ive
cereats subject tothe following provisions:
1. Attendance by the public may nt exceed the lesser of 250 attendees or 50% ofthat gheting
space’ ised Bie code capnty
2. Attendance by the publi ative entetsinmentpesformances shal req ll stendees to be
seated. "Standing zoom only" attendance is prohibited
3, Porall other evens other than lve entertainment performances, seating is not requted, but
social distancing requirements mast be maintained at all mes
Individuals not exempted by Ditective 024 or guidance issued by the Nevada Health Response shall
‘be requited to cover theis nove and mouth with a mask or face covering when atending gatherings
‘with people ouside oftheir household, even when social distancing is bring obscrve.SECTION 3:
SECTION 4:
‘This Section shall not be construed to apply to gatherings at houses of worship.
"Bffectve immediately, venues hosting live entertainment pesformances shall maintain the following
minimum distances between nists andthe audience:
1. A minimum separation of at leat 6 fet for ll lve entertsinment and performances ony if asists
tnd performers wear a matk or face covering tall times throughout the performance.
2. minimum separation ofa least 12 feet forall live entertainment and performances when astits
and performers ate unmasked of temporaiy and intermittently remove this masks ot face
coverings daring performances.
‘This Seon applcs co all live entertainment and performances at all sizes of public gutesings and
“This Section applies to performances subject to live entertainment tes pursant to NRS 368A and
shall not extend to ambient music ro create or enbance a mood or atmosphece tha it incdental or
aneilary to the activity of location
Individuals not exempted by Ditective 024 or guidance issued by the Nevada Health Response shall,
be requited to cover theis nose and mouth with mask or face coveting when sending gatherings
‘with peopl outside oftheir household, even when social distancing is being observed
“This Section shall not be construed to apply to guthetings at houses of worship
‘This Directive shall emin in effect unl terminated by a subsequent Dizesive promlgated pursuant
to the Match 12,2020 Dedasation of Emergency to faitate the State's response to the COVID19
pandemic or upon dissolution or lifting of the Declaration of Emergency.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Great Sal of the
Suate of Nevada to be affixed at the State
Capito in Carson City, hi 5 day of Masch, in
the yeas two thousand twenty
Secret of Sate
AaaNigli
Deputy Seerensy of State