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What does 25% occupancy for Texas businesses reopening Friday actually mean?

The governor’s office and the Texas Restaurant Association have issued additional guidance.

AUSTIN -- Restaurants can begin allowing customers Friday in limited numbers statewide. The action is the result of Gov. Greg Abbott lifting a stay-at-home order.

Eateries are not required to open and owners are split over which whether or not to do so. A Texas Restaurant Association survey of about 400 establishments indicated that about 43% intend to open, 47% don’t and the rest are unsure. Several restaurateurs on Abbott’s special advisory council -- made up mostly of business leaders -- will be offering dine-in services. Here are the things you need to know.

How many people are restaurants allowed to serve?

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Abbott’s order allows restaurants to seat up to 25% of their total listed occupancy. The cap does not apply to the staff, his office said.

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In counties with five or fewer confirmed cases of COVID-19 that submit a form to the state verifying that status, restaurants can open up to 50% capacity. As of Thursday morning, no counties had finished the certification, according to the Department of State Health Services.

What guidelines must the restaurants follow?

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The governor’s office said the caps on occupancy are mandatory.

Other minimum health standards outlined in the governor’s plan -- such as keeping parties six feet apart, maintaining a hand sanitizing station at the door and using disposable menus -- are “strong recommendations,” according to his office.

Abbott’s plan does not require the use of face masks but recommends them.

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The Texas Restaurant Association is telling all establishments to follow the guidance, said Kelsey Erickson Streufert, vice president of government affairs and advocacy for the association.

“The emphasis is on sustained recovery and we're not going to get there if we're, you know, trying to be cute with the rules,” she said. “It's not the time to stretch it.”

Who is enforcing this?

The Texas Restaurant Association said the enforcement of the occupancy limit will be up to local governments, which may deploy health or fire departments to check in on complaints.

In Dallas County, the enforcement will fall to code enforcement divisions within each municipality, according to Lauren Trimble, chief of staff for County Judge Clay Jenkins.

A spokesperson for the city of San Antonio health department said its goal is to educate businesses as much as possible. If they have repeat offenders, the city may then issue a citation, the spokesperson said.

Who is opening back up?

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Restaurateurs and retailers on Abbott’s strike force to reopen Texas have begun taking steps to open their businesses Friday.

Roughly 75 restaurants under Fort Worth businessman Bobby D. Cox, one of Abbott’s advisers, plan to reopen for dining at 25% occupancy and with social distancing, said Britt Lane, president of Bobby Cox Companies. The company owns Rosa’s Cafe, Taco Villa and Texas Burger.

Landry’s, a hospitality company owned by Houston billionaire Tilman Fertitta, also plans to open up over 130 restaurants on Friday. The restaurants, which include household names such as Joe’s Crab Shack, Rainforest Cafe and Saltgrass Steak House, will follow the governor’s guidelines and conduct employee screenings and enhanced sanitizing daily, according to a company press release.

Kendra Scott stores, which currently have curbside service, said they would begin offering one on one appointments on Friday. Gallery Furniture stores, owned by Houston millionaire Jim McIngvale, have continued operating and will open up Friday as well.

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Balous Miller, owner of San Antonio-based chains Bill Miller Bar-B-Q and Laguna Madre Seafood, said he would also be opening up his restaurants Friday, using paper menus and taking other precautions suggested by the governor. But he said other Texas restaurant owners have told him they won’t be able to operate under the 25% occupancy restrictions for dining in.

“Many of them are not going to reopen, and they just can't because it won't be profitable at 25% of seating capacity,” he said.

Abbott has said the state could expand occupancy to 50% by mid-May if COVID-19 cases continue to decline.

The poll by the Texas Restaurant Association found about 20% of restaurants that don’t open up this Friday said they would reopen at 50% occupancy on May 18 if allowed. Another 25% said they were unsure and about 8% said no.

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Can restaurants turn away sick or non-compliant customers?

Yes. Miller said his restaurants would be politely asking customers not to come in if they are sick.

“We want to see these numbers reduced just like all the politicians want to see them reduced, so we can get our businesses back, and can get the state back in operation,” Miller said.

The Texas Restaurant Association is also advising businesses to post their operating guidelines outside for customers, so they know what to expect.

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“We’re trying to create that collaboration, if you will, right from the get-go and set that expectation from the front, that this has to be a collaborative effort, and everyone is going to be held to these minimum health standards,” Erickson Streufert said.

What about restaurants that aren’t opening up?

Those that are doing drive-through, take-out and delivery can continue doing so, without opening their doors to diners.

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