May 15, 2020

Executive Order Permitting Curbside Pickup at Non-Essential Retail Businesses and Gatherings in Cars

By Rebecca J. Rosen, Esq.

On May 12, 2020, Governor Murphy signed into law Executive Order No. 142 (EO 142), which, as part of New Jersey’s Road Back, permits the resumption of non-esssential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events.

Curbside Pickup at Non-Retail Businesses

Starting at 6:00 a.m. on Monday, May 18th, EO 142 allows non-essential retail businesses to permit customers to engage in curbside pickup of goods while continuing to have their in-store operations closed to customers. Businesses that elect to offer curbside pickup must abide by the following requirements:

  • In-store operations must be limited to those employees who are responsible for the operations required for curbside pickup.
  • Transactions should be handled ahead of time by phone, email, facsimile, or other means that avoid person-to-person contact.
  • Customers shall notify the retailer by text message, email, or phone once they arrive, or make efforts to schedule arrival time in advance. Customers should remain in their vehicles, if arriving by car, until the store staff deliver their purchases.
  • Employees should bring goods outside of the retail establishment and place them directly in a customer’s vehicle if possible so as to avoid person-to-person contact.
  • Businesses must follow social distancing and mitigation practices that are in place, including requiring workers to ear face coverings and gloves.

Car Gatherings

EO 142 also states that car gatherings do not violate the ban on gatherings under Executive Order No. 107. Examples of permitted gatherings include drive-in movies, religious services, and drive-through farms and safaris. However, car gatherings will be subject to the restrictions of the Order, including that attendees must remain in their car, the vehicle must remain closed at all times unless there is a six-foot distance between it and other vehicles or individuals, and to the degree that the gathering requires pre-payment or seeks donations, contactless options for payment must be offered if feasible.

Schenck Price will continue to monitor legislative developments at the state, federal and local level, and will provide further updates on future legislative enactments.  If you have any questions about the laws referenced in this Alert, please contact the author at

DISCLAIMER:  This Alert is designed to keep you aware of recent developments in the law.  It is not intended to be legal advice, which can only be given after the attorney understands the facts of a particular matter and the goals of the client.


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