Colorado Motor Vehicle Dealer Board Adopts Emergency Rule Implementing “Safer-at-Home” Order
May 1, 2020
By: J. Randolph Earnest and Michael J. Dommermuth
On Friday, May 1, 2020 to Colorado Motor Vehicle Dealer Board adopted another emergency rule implementing Governor Polis’ “Safer at Home” Colorado Public Health Order 20-28.
The emergency rules, as adopted, are provided below:
- Emergency Rule 44-20-102(22)-E (Motor Vehicle Dealers)
- Emergency Rule 44-20-402(17)-E (Powersports Dealers)
The rule recognizes dealers obligations to comply with any local regulation more restrictive than the states. Those local restrictions are described below.
For those dealers not subject to the more restrictive local regulation the emergency rule contemplates the dealers can open their showrooms, but operating at 50% capacity while at all times observing social distancing and other sanitation protocols for Non-Critical Retail business in the Colorado Public Health Order 20-28.
The Auto Industry Division approved and published certain best practices for re-opening Dealerships. See the AID best practices for "Safer at Home" here.
Local Jurisdiction Summary:
- Denver, Adams, Arapahoe, Jefferson, Boulder and Broomfield Counties are each subject to the more restrictive “Stay at Home” order, as described in State PHO 20-24, through May 8, 2020. Showrooms closed and online sales only.
- Douglas, El Paso and Larimer Counties are now subject to the less restrictive “Safer at Home” order, State PHO 20-28, as of May 1, 2020.
City and County of Denver:
Denver’s Dept. of Public Health Order extends State PHO 20-24 (“Stay at Home”) through May 8, 2020 for the City and County of Denver. See here.
Douglas County, Adams County, Arapahoe County:
Tri-County Order extends State PHO 20-24 (“Stay at Home”) through May 8, 2020 for Adams and Arapahoe Counties, but not Douglas County. See here.
Douglas County, now subject to Safer at Home State PHO 20-28. See here.
Jefferson County Order extends State PHO 20-24 (“Stay at Home”) through May 8, 2020 for Jefferson County. See here.
City and County of Broomfield:
Broomfield’s Board of Health voted to extend State PHO 20-24 (“Stay at Home”) through May 8, 2020. See here.
Boulder County Order extends State PHO 20-24 (“Stay at Home”) through May 8, 2020 for Boulder County. See here.
El Paso County:
El Paso County Order 2020-02 provides that El Paso County is subject to “Safer at Home” State PHO 20-28 for El Paso County. See here.
Larimer County is subject to “Safer at Home” State PHO 20-28 for Larimer County. Could not locate order on Larimer County’s website. See articles below.
Larimer County Public Health Working to Slowly and Cautiously Reopen Local Businesses:
Larimer County, CO --- Larimer County Public Health will be slowly allowing businesses to reopen under the new Safer at Home guidance the governor will be releasing soon. Larimer County will adopt the governor’s new safer at home order with local guidance, education and enforcement.
Safer At Home Phase of COVID-19 Pandemic in Larimer County:The purpose of the Safer-at-Home order is to slowly step down Stay-at-Home orders and begin opening up the economy while preventing another spike in COVID-19 cases and overwhelming our medical systems. The Safer at Home orders will be in effect through May 26th, but can be extended, amended or changed.
If you operate a store in a county other than those provided above, please be sure to check your local public health guidelines, requirements and orders, or contacts an attorney in our auto dealers group.