Businesses That Can Stay Open, Businesses That Must Close, According to the NM Public Health Orders
11-13-2020 thru 12-11-2020
New Mexico’s List of Essential Businesses
Essential businesses must reduce in-person workforce and operations to the greatest extent possible for the duration of the current public health order, from Monday, Nov. 16 through Monday, Nov. 30.
To view a list of frequently asked questions, click here.
Essential businesses, as defined in the state of New Mexico’s operative emergency public health order, means any business or non-profit entity falling within one or more of the following categories:
- Health care operations including hospitals, walk-in-care health facilities, pharmacies, medical wholesale and distribution, home health care workers or aides for the elderly, emergency dental facilities, nursing homes, residential health care facilities, research facilities, congregate care facilities, intermediate care facilities for those with intellectual or developmental disabilities, supportive living homes, home health care providers, drug and alcohol recovery support services, and medical supplies and equipment manufacturers and providers;
- Homeless shelters, food banks, and other services providing care to indigent or needy populations;
- Childcare facilities;
- Grocery stores, supermarkets, food banks, farmers’ markets and vendors who sell food, convenience stores, and other businesses that generate the majority of their revenue from the sale of canned food, dry goods, fresh fruits and vegetables, pet food, feed, and other animal supply stores, fresh meats, fish, and poultry, and any other household consumer products;
- Farms, ranches, and other food cultivation, processing, or packaging operations;
- Infrastructure operations including, but not limited to, public works construction, commercial and residential construction and maintenance, self-storage facilities, airport operations, public transportation, airlines, taxis, private transportation providers, transportation network companies, water, gas, electrical, oil drilling, oil refining, natural resources extraction or mining operations, nuclear material research and enrichment, those attendant to the repair and construction of roads and highways, gas stations, solid waste collection and removal, trash and recycling collection, processing and disposal, sewer, data and internet providers, data centers, technology support operations, and telecommunications systems;
- Manufacturing operations involved in food processing, manufacturing agents, chemicals, fertilizer, pharmaceuticals, sanitary products, household paper products, microelectronics/semi-conductor, primary metals manufacturers, electrical equipment, appliance, and component manufacturers, and transportation equipment manufacturers;
- Services necessary to maintain the safety and sanitation of residences or essential businesses including security services, towing services, custodial services, plumbers, electricians, and other skilled trades;
- Veterinary and livestock services, animal shelters and facilities providing pet adoption, daycare, or boarding services;
- Media services;
- Automobile repair facilities, bike repair facilities, and retailers who generate the majority of their revenue from the sale of automobile or bike repair products;
- Utilities, including their contractors, suppliers, and supportive operations, engaged in power generation, fuel supply and transmission, water and wastewater supply;
- Hardware stores, “big box” stores, and other large retailers;
- Laundromats and dry cleaner services;
- Crematoriums, funeral homes and cemeteries;
- Banks, credit unions, insurance providers, payroll services, brokerage services, and investment management firms;
- Businesses providing mailing and shipping services;
- Laboratories and defense and national security-related operations supporting the United States government, a contractor to the United States government, or any federal entity;
- Professional services, such as legal or accounting services, but only where necessary to assist in compliance with legally mandated activities; and
- Logistics, and also businesses that store, transport, or deliver groceries, food, materials, goods or services directly to residences, retailers, government institutions, or essential businesses.
ESSENTIAL “RETAIL SPACES” MAY OPERATE WITH SIGNIFICANT LIMITATIONS
Retail spaces that are identified as essential businesses may operate in a limited fashion. An essential business identified as a “retail space” — such as hardware stores, automobile and bike repair facilities, laundromats, dry cleaner services, grocery stores, convenience stores, food banks and large “big-box” retail spaces — may not exceed either 25 percent of the maximum occupancy as determined by the relevant fire marshal or more than 75 customers in the business space at any given time, whichever is lesser. Essential retail spaces shall limit the sale of medications, durable medical equipment, baby formula, diapers, sanitary care products and hygiene products to three items per individual. These retail spaces must close each night at 10 p.m. and may reopen beginning at 4 a.m.
HOUSES OF WORSHIP MAY OPERATE WITH SIGNIFICANT LIMITATIONS
A house of worship may host a religious ceremony with no more than 25 percent of the maximum occupancy of the facility or 75 individuals at any one given time, whichever is smaller. But houses of worship should use remote services and audiovisual means to convey their services to the faithful to prevent congregations where the virus can and will spread.
ONLY THOSE PLACES OF LODGING THAT ARE NM SAFE CERTIFIED MAY OPERATE IN LIMITED FASHION
Places of lodging — hotels, motels, RV parks, and short-term vacation rentals — that have completed the N.M. Safe Certified training may operate up to 25 percent of maximum occupancy. All other “places of lodging” must close to the extent they are not being utilized for the purposes of housing either healthcare providers who are engaged in the provision of care to New Mexico residents; individuals for extended stays as temporary housing; or individuals who are quarantining. Those groups of individuals shall not be counted for purposes of determining maximum occupancy.
CLOSE-CONTACT BUSINESSES MAY NOT OPERATE
Close-contact businesses — such as barbershops, hair salons, gyms, group fitness classes, tattoo parlors, nail salons, spas, massage parlors, esthetician clinics, tanning salons, guided raft tours, guided balloon tours, bowling alleys, ice skating rinks, and personal training services — must reduce their in-person workforce at each business or business location by 100% through Nov. 30 for the duration of the public health order.
OUTDOOR RECREATIONAL FACILITIES MAY NOT OPERATE
Outdoor recreational facilities — such as outdoor golf courses, public swimming pools, outdoor tennis courts, ski basins, youth programs, youth livestock shows, u-pick produce operations and corn mazes, horseracing tracks, botanical gardens, outdoor zoos, and New Mexico state parks — will close for through Nov. 30 for the duration of the public health order.
CLOSE-CONTACT RECREATIONAL FACILITIES MAY NOT OPERATE
Close-contact recreational facilities — such as indoor movie theaters, indoor museums with interactive displays or exhibits and other similar venues, miniature golf, arcades, amusement parks, aquariums, casinos, concert venues, professional sports venues, event venues, bars, dance clubs, performance venues, go-kart courses, automobile racetracks, adult entertainment venues and other places of recreation or entertainment — must remain closed.
INDOOR MALLS MUST CLOSE
Indoor malls are closed through Nov. 30. Individual essential businesses with separate outdoor entrances may continue to operate to the extent otherwise permitted.
OFFICE SPACES, RETAIL SPACES, AND OTHER PUBLIC SPACES MUST CLOSE
Offices spaces, retail spaces, or other public spaces of a business must reduce in-person operations by 100%. But the public health order does not otherwise restrict the conduct of business operations through telecommuting or otherwise working from home in which an employee only interacts with clients or customers remotely. There is no in person contact allowed.
Any gathering of more than five individuals is prohibited; this includes amateur youth sports. New Mexicans are instructed to remain at home except for only those trips that are essential for health, safety and welfare. A mass gathering does not include the presence of more than five individuals where those individuals regularly reside. A mass gathering also does not include individuals who are public officials or public employees in the course and scope of their employment.