Tuesday, March 31, 2020

3/31/20 - Frequently Asked Questions Regarding Essential Businesses


Frequently Asked Questions about Essential Businesses:
For additional information please refer to the Governor’s Kansas Essential Function Framework (KEFF) web page: https://governor.kansas.gov/KEFF/ or email questions to KEFF@ks.gov

How do I know if my business is deemed Essential?
  • Refer to the list of those businesses that fall under the Kansas Essential Function Framework that is outlined in Governor Kelly’s Executive Order listed on page 4 of the order. If your business operations fall in that list it is considered Essential.

What does “Minimum Essential Operations” mean?
  • An example would be a nail salon that is shut down due to this order; but an individual still needs to do inventory, cleaning, accounts payable, or respond to a panic/fire alarm. Those operations need to continue. But client appointments will not.

Does this order allow hair salons, barbers, bingo halls, and nail salons to continue operations?
  • No

Does this order require child care facilities to close?
  • No. The order indicates that, to the extent possible, child care facilities should place children in groupings of not more than 10 children such that children would remain within the same group (i.e., not switched from one group to another group), and with employees of the child care facilities only remaining with only one group of children.

Can I still go to any of my medical appointments?
  • Yes

Can I still buy groceries?
  • Yes

Can I still buy gas for my vehicle?
  • Yes

Are restaurants and bars required to close?
  • No. Restaurants and bars can remain open, but they would not be able to serve food and beverages to patrons that would consume food and beverages within the restaurant or bar. Instead, the restaurant or bar would be able to provide food and beverages through drive thru, delivery, or carry out options.

I’m moving soon. Will my movers still be able to move my things to my new residence?
  • Yes

Are banks, credit unions, and payday lending locations allowed to remain open?
  • Yes

Can mental health service providers and substance abuse service providers remain open?
  • Yes

Can my business have employees work from home?
  • Yes, this order encourages employees work from home, when feasible.

Can gymnasiums and fitness clubs remain open?
  • No

Can I still go for a walk or jog outdoors?
  • Yes

Can golf courses stay open?
  • Yes, assuming participants comply with social distancing requirements (maintaining six feet of spacing) and there are no groups of more than 10 at such facility.

Can leaders and employees from religious institutions still stream religious services or travel to provide religious counseling?
  • Yes

Can food cultivation, livestock, farming, and fishing operations continue?
  • Yes

Can homeless shelters, food pantries, and domestic violence victim’s shelters remain open?
  • Yes

Can hotels remain open?
  • Yes, to the extent that individuals may stay in rooms or get food that may be delivered or carryout. Conferences and banquets with seated dining in the hotel would not be allowed.

Is there a limitation on the number of people that can be in a public gathering?
  • Yes – 10 people. A mass gathering that brings together or is likely to bring together 10 people is prohibited by Governor’s Executive Order

As long as there is 10 people or less then we’ll all be okay right?
  • If you are in a group in a single room or confined or enclosed space of 10 or less people should:
  1. Preserve social distancing of six feet between people; and
  2. Follow all other health recommendations and regulations

Are mortuary, cremation, and burial services allow to continue?
  • Yes, but any related funeral services should comply with the 10 person limitation on public gatherings.

Can my attorney’s office stay open?
  • Yes

Can my accountant’s office stay open?
  • Yes

I am closing on a new house next week, does this order require my realtor and the title company to be closed?
  • No

Can my insurance agent’s office remain open?
  • Yes

Can governing bodies for cities and the County still convene to perform their duties?
  • Yes, although social distancing requirements should be observed. The Kansas Open Meetings Act remains in force.

My water heater broke and flooded my basement. Does this order require plumbers to be closed down?
  • No. Plumbers, electricians, lawn care and landscaping, painting, and other trades and service providers who provide services that are necessary to maintain the safety, sanitation, and essential operation of residences and other Essential Businesses may continue to operate under this order.

Does this order halt residential or commercial construction?
  • No

Does this order stop road repairs or ongoing bridge replacements?
  • No

Can the library be open?
  • No

Can automobile repair shops remain open?
  • Yes

Can bicycle repair shops remain open?
  • Yes
Does this order require arcades and video game stores to close?
  • Yes

Are pawn shops allowed to remain open?
  • Yes, as long as they maintain the social distancing requirements (maintain six feet of spacing from another person)

Can tattoo businesses remain open?
  • No

Can bail bonds business continue to remain open?
  • Yes

Are pharmacies required to close?
  • No, they can remain open

Are massage businesses able to remain open?
  • No

Does this order require adult entertainment establishments to close?
  • Yes

Can movie theaters remain open?
  • No

Can a home cleaning service continue to operate?
  • Yes

Are home health care providers required to cease operations?
  • No

Can direct service providers for individuals with development disabilities continue to operate?
  • Yes

Can court-ordered guardians and conservators leave their homes to perform guardianship and conservatorship duties?
  • Yes

Can I take my pet to the veterinarian?
  • Yes

Can pet stores remain open?
  • Yes

Can general clothing stores remain open?
  • No

Can a clothing store that specializes in providing clothing to Essential Businesses (e.g., scrubs, uniforms to first responders) remain open?
  • Yes

Are bouncy house and trampoline parks required to close?
  • Yes

Can I check in on my elderly neighbor to ensure that they are okay?
  • Yes

Can liquor stores remain open?
  • Yes

Can I go to a public park?
  • Yes, but use of playground equipment is discouraged. Follow all closures posted by any of the Cities.

Can an environmental testing laboratory for drinking water, pollutants or related matters continue to operate?
  • Yes

Can foreign language interpreters and sign language interpreters continue to operate?
  • Yes

Can car dealerships remain open?
  • Yes

Can automobile repair supplies companies remain open?
  • Yes

Can food trucks continue to operate?
  • Yes, but the food truck company should not allow the food and/or beverage to be consumed on-site, or at any other gathering site.

Are swimming pools and water parks allowed to operate?
  • No

Can landfill facilities continue to operate?
  • Yes

Can utilities providers remain open?
  • Yes

Are public transit services allowed to continue to operate?
  • Yes

Would a restaurant supplies company be allowed to remain open?
  • Yes, because the business would provide Essential Business (restaurants) with supplies necessary to remain in operation.

Can I drive my elderly relative who does not drive to their medical appointment?
  • Yes

Are hearing aid centers essential healthcare?
  • Yes

Are retail stores that sell diabetic shoe fittings and insoles an essential business?
  • Yes

Is a marketing company considered a professional/essential service?
  • No

Are stores that sell educational supplies that are utilized by home school parents essential?
  • Yes

Can a store get into legal trouble for not closing?
  • Individuals and businesses are expected to voluntarily comply.

Can small church groups under 10 continue to meet?
  • Yes

Are tax preparer’s professional essential services?
  • Yes

Do recovery groups such as AA count as healthcare?
  • Yes

Does this stay-at-home order also provide a possibility for stay-in-your car activities?
  • Yes, as long as you stay in your car and are not congregating in a group as intended by the order.

Are car washes and detailers essential?
  • No

Would places that exclusively sell personal protection items (e.g., firearms, knives, and ammunition) be able to remain open?
  • Yes

Is ride sharing (Uber, Lyft) public transportation?
  • Yes

Are alternative medicine shops or clinics healthcare?
  • No, unless the FDA has approved these alternative medicines for some purpose.

Do businesses that shop for or deliver groceries, food, beverages, goods or services directly to residences able to continue to fulfill online orders?
  • Yes, as long as they maintain the social distancing requirements.

What about the departments within an educational institution that are not directly involved in facilitating distance learning? Are those employees to remain at home or is it up to the employers to require all employees to continue to work?
  • They can remain open as long as social distancing is observed. If any of these employees can telecommute, that would be optimal.

How are grocery stores able to operate since they are regularly more than 10 people there?
  • People generally visit grocery stores solo, as a pair, or as a family. They are spaced around the store far enough apart to maintain the 6 feet recommendation. People shopping in a grocery store is not considered a “gathering” because they are not in close proximity for more than a few moments. People passing by each other in a grocery aisle is safer than sitting in a room together for an extended period of time.

Are hobby stores (JoAnn’s, Hobby Lobby) essential?
  • No

Are tobacco and vaping stores essential?
  • No


What measures does the order expect Essential Business to take to prevent the spread of COVID-19?
  • Where possible, Essential Businesses should:
  1. Designate 6 ft of spacing between employees and customers
  2. Make hand sanitizer, anti-microbial soap and other sanitizing products available to employees and customers
  3. Have separate operating hours for vulnerable populations
  4. Post information online or on the business about how best to reach the business and how services can be provided remotely