15th of March 2020 General Ruling for the containment purposes of the Corona Virus in Hamburg

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General Ruling for the containment purposes of the Corona Virus in Hamburg

1. Unless otherwise specified below, public and non-public events and gatherings in which people meet are not permitted, regardless of the number of participants. 

Excluded from this prohibition are events organized by the Parliament, the Senate (including the Senate offices and Senate commissions), the Constitutional Court, competent authorities, district offices, other sovereign authorities (in particular federal authorities) and other bodies or institutions which carry out services and functions under public law. 

Also excluded from the prohibition are events which serve to maintain public safety and order, the provision of services under public law, the supply of services to the population or the provision of health care to the population. 

For open-air gatherings an exemption can be granted by the assembly authority upon request. The Authority for Health and Consumer Protection must be involved in a technical capacity.

Events in a private or family sphere (such as weddings, funeral ceremonies and similar events) up to a number of 100 participants are exempted from the prohibition. 

The possibility for the competent authority to adopt measures in accordance with the Infection Protection Act remains unaffected. 

For reasons of infection protection, it is also recommended that private events be postponed or cancelled. 

The operation of and visits to retail premises shall not be regarded as events within the scope of this general ruling. 

2. Commercial enterprises as defined by the Trade Regulation Act (‘Gewerbeordnung’) in the version issued on the 22nd of February 1999 (GewO, BGBl. I p. 202, last amended by Article 15 of the Act of 22 November 2019, BGBl. I p. 1746) of the following types may not be opened to the public:

 a) Dancing establishments (such as night clubs, discos, music clubs; this also includes bars without dancefloors or dancing areas, wherein, during the normal course of business, crowds of people with limited space cannot be prevented from gathering.), 

b) trade fairs, exhibitions, 

c) specialty markets and annual fairs, 

d) traditional festivals, 

e) gambling halls, 

f) casinos, 

g) betting offices and similar companies. 

It should be noted that weekly markets, as defined by the Trade Regulation Act (‘Gewerbeordnung’), are excluded from the prohibition. 

3. Restaurants as defined by the Restaurant Law (Gaststättengesetz) in the version issued on the 20th of November 1998 (BGBl. I p. 3418, last amended by Article 14 of the Act of 10 March 2017, Federal Law Gazette I p. 420) as well as staffed cafeterias and canteens may only be opened to the public if the seating arrangements for guests are such as to ensure a distance of at least 1.5 meters between tables. Standing places are also to be arranged in such a way that a distance of at least 1.5 metres between the guests is guaranteed. 

4. Amusement venues as defined by the Federal Ordinance on the Use of Buildings ('Baunutzungsverordnung') in the version Notice of the 21st of November 2017 (BGBl. I p. 3787) may not be opened to the public. 

5. The following establishments or services may not be open to the public: 

a) Theaters (including musical theaters) 

b) cinemas, 

c) concert halls and venues, 

d) museums, 

e) exhibition premises, 

f) services in district cultural centers and community centers, 

g) services of children and youth community work, 

h) public libraries, 

i) planetariums, 

j) zoological exhibitions in closed rooms, 

k) services of adult education centers (Volkshochschulen), 

l) services of language and integration courses from integration course providers, 

m) services of music schools, 

n) services in literature houses, 

o) services of private educational establishments, 

p) swimming halls, including so-called fun pools, 

q) saunas and steam baths, 

r) fitness centers, sport centers and gyms, 

s) meeting points for senior citizens, 

t) cafeterias and cafés of the Studierendenwerk Hamburg as well as the cafeterias at the University of Music and Theater Hamburg and the University of Fine Arts Hamburg. 

6. Sports activities on and in all public and private sports facilities are prohibited. This applies to outdoor sports facilities as well as to those in closed rooms (e.g. football and tennis halls, shooting ranges, etc.) and for so-called indoor playgrounds.

As an exception to this rule, especially for the cadre athletes, specially justified individual cases may be allowed by written permission from the National Sports Office of the Department of Home Affairs and Sports. The Authority for Health and Consumer Protection must be involved in a technical capacity. 

7. Prostitution facilities as defined by the Prostitute Protection Act of 21 October 2016 (Federal Law Gazette I p. 2372, last amended by Article 57 of the Act of 20 November 2019, Federal Law Gazette I p. 1626, 1661), may not be opened to the public. Prostitution services as defined by the Prostitutes Protection Act must be discontinued. Prostitution events as defined by the Protection of Prostitutes Act may not be carried out. 

8. These orders are immediately enforceable pursuant to Section 28 (3) in conjunction with Section 16 (8) IfSG. 

9. This general ruling shall enter into force on the day following its publication in the Official Gazette. 

10. This general ruling shall initially apply until the 30th of April 2020. 

11. We hereby notify of the criminal liability of an offence against the orders contained in numbers 1 to 7 in accordance with § 75 paragraph 1 number 1, paragraph 3 IfSG. 

Hamburg, 15th of March 2020 

The Authority for Health and Consumer Protection

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