By Tim Mastro

DOVER — As Delaware businesses will expand to full capacity in less than two weeks, the Division of Public Health’s enforcement team will still be checking to ensure the remaining COVID-19 restrictions are being followed.

“They’re always willing, ready and able to work with businesses to make sure they have a good understanding of what the restrictions look like,” said DPH director Dr. Karyl Rattay, “and how to enact those in their place of business.”

After months of operating at 50% capacity, indoor facilities will be allowed to use as much capacity as social distancing requirements allow beginning May 21. The social distancing requirement will be reduced from 6 feet to 3 feet that day as well. Customers in bars and restaurants must still stay seated indoors and outdoors while masks will still be required indoors.

This will be the first time since Feb. 12 the state has increased capacity. From Dec. 14 to Feb. 12 the state operated under a 30% capacity limit while experiencing its largest COVID-19 surge.

The DPH enforcement team had a zero-tolerance policy for businesses during that stay-at-home advisory. A first violation of COVID-19 restrictions resulted in an immediate civil fine, while a second violation resulted in closure until the establishment submitted a reopening plan approved by DPH.

This year the DPH has issued 27 administrative penalties and three closure notices — to Spence’s Bazaar in Dover on Jan. 12, the Green Stinger in Smyrna on March 10 and Allison’s CardSmart in Milford on March 10.

Spence’s Bazzar was issued its closure notice after being given a warning on Dec. 10. The DPH conducted another site visit on Jan. 5 after receiving additional complaints and found two violations — lack of appropriate face coverings among vendors and lack of social distancing between vendors and customers.

The same two violations were found during a site visit to the Green Stinger, according to the DPH. It previously issued the Green Stinger an administrative penalty on Oct. 13 and a warning on Dec. 10. The DPH also said the Town of Smyrna Police Department responded to the Green Stinger no less than six times between Jan. 1 and March 10 for criminal complaints and informed the DPH it observed capacity above 50% and a lack of appropriate face coverings.

The DPH received a complaint for Allison’s CardSmart on March 6 regarding lack of appropriate face coverings. It said the City of Milford Police Department investigated a complaint on March 5 about lack of appropriate face coverings and as a result of the investigation, Milford Police confirmed noncompliance. Allison’s CardSmart was previously issued an administrative penalty on Dec. 10.

The DPH does not require a certain amount of time for businesses to stay closed after a closure notice.

“We require businesses to correct the violations that were observed at the time of inspection prior to reopening,” a DPH spokesperson said. “That may require a few hours or a day, depending on the severity and the time it takes to make the needed corrections. In response to COVID-19-related concerns, there are occasions when businesses will be required to develop and implement a facility-wide plan that addresses the use of face coverings, social distancing and other similar concerns. In some cases, DPH has required that plan prior to allowing a business to reopen.”

Delawareans can report a business for non-compliance at HSPcontact@delaware.gov.

“For those who are not following the rules that are in place, we do get complaints,” Dr. Rattay said. “Our teams will go out and check out the situation when that happens.”

The most common violations for businesses in 2021 are lack of social distancing and lack of appropriate face coverings. Fines have ranged from $100 to $1,000.

The largest fine went to Thurston’s Pub in Bear on March 24, for $1,000 after a March 17 visit where DPH inspectors “witnessed an absolute refusal by management to enforce COVID restrictions.”

The Hideout Arcade Bar & Grill in Rehoboth Beach was fined $900 on March 24 — $100 per violation observed during a March 12 inspection.

A full list of enforcement actions taken by the DPH is available at https://www.dhss.delaware.gov/dhss/dph/enforcementactions.html.