California Businesses Face Penalties for Violating Stay-at-Home Orders
California businesses face serious legal consequences for violating stay-at-home orders, ranging from substantial fines to potential criminal charges. Enforcement agencies across the state have moved beyond warnings to impose civil penalties, business shutdowns, and misdemeanor prosecutions against non-compliant establishments. Cities like Los Angeles, San Francisco, and San Diego have taken aggressive action against businesses that continue operations without proper exemptions. Understanding compliance requirements, enforcement procedures, and potential penalties has become essential for business owners navigating these unprecedented restrictions while protecting their livelihoods and avoiding legal repercussions.
Understanding California’s Stay-at-Home Order Enforcement Mechanisms
Executive Order N-33-20 established the legal foundation for enforcing stay-at-home orders across California, with violations punishable under Government Code Section 8665. This statute grants authorities the power to impose both civil and criminal penalties on individuals and businesses that refuse or willfully neglect to comply with lawful orders issued during emergencies.
Civil Penalties: Fines and Business Shutdowns
Civil enforcement mechanisms provide authorities with multiple tools to address non-compliance. These penalties include monetary fines, orders to suspend business operations, and revocation of licenses. The financial impact varies significantly based on whether the violator is an individual or a business entity.
Marin County exemplifies this tiered approach, imposing fines up to $500 for individuals or $10,000 for businesses. Civil penalties serve as an initial deterrent, allowing officials to address violations without resorting to criminal prosecution. Kansas City, Missouri’s stay-at-home order demonstrates how civil enforcement works in practice, stating that violations constitute an imminent threat and can result in fines, suspension of business operations, and other penalties.
Indiana’s executive order provides another example, where restaurants violating in-person dining restrictions face suspension or revocation of alcoholic beverage permits. This approach targets business licenses directly, creating substantial financial pressure on establishments that depend on such permits for revenue generation.
Criminal Penalties: Misdemeanors and Potential Jail Time
Criminal enforcement represents a more severe response to violations. Anyone who refuses or willfully neglects to obey lawful orders faces misdemeanor charges, punishable by a fine not exceeding $1,000, imprisonment for not exceeding six months, or both. Governor Newsom indicated that non-essential businesses refusing to close could face regulatory or licensing enforcement in addition to criminal penalties.
Mecklenburg County, North Carolina’s joint proclamation classified violations as Class 2 misdemeanors. Wisconsin’s emergency order specified that violations are punishable by up to 30 days imprisonment, up to $250 fine, or both. San Francisco’s shelter-in-place order explicitly stated that violations constitute misdemeanor offenses punishable by fine, imprisonment, or both, although enforcement actions would be used as a last resort.
San Jose Police Chief Eddie Garcia clarified that arrests remain unlikely for most violations, noting that no one would go to jail simply for minor infractions. However, willful violations, such as hosting large gatherings or restaurants welcoming dine-in customers, could result in citations.
How Enforcement Varies Across Counties
County-level enforcement demonstrates significant variation in approach and priorities. Contra Costa County focuses primarily on business compliance but can fine individuals as well. The district attorney’s office issues warnings first, with most businesses coming into compliance before facing penalties.
Marin County leads with education, allowing violators to correct violations before facing fines. Only demonstrated repeat offenders face financial penalties. Santa Clara County operates a Business Compliance team that handles violation reports, conducting inspections that can result in fines for both individuals and businesses.
Most jurisdictions prioritize educating the public about social distancing measures rather than arresting or citing noncompliant individuals. San Francisco Police Department stated they are not interested in using a criminal justice approach for a public health challenge, emphasizing voluntary compliance through education. This measured approach reflects the recognition that stay-at-home orders represent unprecedented restrictions requiring public understanding rather than immediate punishment.
California Cities Crack Down on Non-Compliant Businesses
Major California cities shifted from warnings to enforcement actions during April 2020, filing charges and issuing citations against businesses that refused to comply with public health orders. Los Angeles Police Chief Michel Moore announced that officers had filed 37 total complaints against businesses that failed to adhere to the city’s stay-at-home orders.
Los Angeles Files Criminal Charges Against 10 Businesses
Los Angeles prosecutors took the first step toward criminal enforcement on April 3, 2020, filing charges against four establishments: Business Discount Electronics at 556 S. Broadway, Hot Box Smoke Shop at 9115 S. Western Ave., DTLA Smoke Shop at 223 1/2 W. 6th St., and Brother Shoes at 818 W. Slauson Ave., Unit B. City Attorney Mike Feuer emphasized that these businesses were deemed nonessential under Mayor Eric Garcetti’s executive order.
The enforcement escalated significantly by May 14, 2020, when the City Attorney’s office filed criminal charges against 60 businesses across Los Angeles for operating in violation of the Safer At Home Order. Many business owners reported receiving no warning before Los Angeles Police Department officers visited, issued citations, and shut them down. The owners faced criminal misdemeanor charges, with their businesses at risk of losing operating licenses.
San Francisco Shuts Down Underground Nightclub
San Francisco authorities executed the city’s first warrant to enforce public health orders on April 11, 2020, shutting down an illegal nightclub operating at 2266 Shafter Avenue in the Bayview District. Time-lapse surveillance video from April 4 to April 6 captured more than 150 people entering and exiting during early morning hours. None practiced six feet of social distancing, and video showed 20 to 30 cars per hour parking or departing from the building.
Officers from SFPD’s tactical unit and Bayview Station seized DJ equipment, two fog machines, nine gambling machines containing $670 in cash, two pool tables, bins of liquor, cases of beer, bar furniture, and other nightclub items. City Attorney Dennis Herrera warned that cramming dozens of people into an illegal club during the outbreak was like dropping a lit match in the woods during fire season.
San Diego County Issues Over 120 Citations
San Diego County enforcement efforts resulted in more than 120 citations issued across multiple jurisdictions. Sheriff’s deputies issued 68 citations, San Diego police issued 47, and Carlsbad police issued 10, totaling 125 by mid-April. This figure roughly doubled from the previous week.
San Diego police issued 10 citations in Ocean Beach, including two at Dog Beach and three at Robb Field Skate Park, with one citation in the Sunset Cliffs area and five in Balboa Park. The department also cited 18 businesses for violating the state’s order requiring nonessential businesses to close. Sheriff’s Department citations were issued across Encinitas, Imperial Beach, Poway, San Marcos, Solana Beach, Lakeside, Rancho San Diego, and Ranchita.
What Types of Businesses Are Being Targeted
Enforcement focused on specific categories of nonessential businesses. Los Angeles targeted tobacco stores, gyms, hair salons, beauty supply stores, and a car wash. San Diego authorities cited five smoke shops and three other businesses, including two hair salons and an adult entertainment establishment . The citations carried misdemeanor charges with potential fines up to $1,000, up to six months jail time, or both .
How Authorities Prioritize Education Over Punishment
Law enforcement agencies throughout California emphasize voluntary compliance through public education rather than immediate punishment for stay-at-home order violations. Most policymakers and law enforcement officials focus on educating the public about the importance of social distancing measures, rather than arresting or citing individuals who are noncompliant.
Warning-First Approaches in Bay Area Counties
San Francisco’s shelter-in-place order explicitly states that any violation constitutes a misdemeanor offense, punishable by fine, imprisonment, or both. However, these enforcement actions will only be used as a last resort, according to a San Francisco Police Department spokesperson. The department clarified its position unequivocally: “We are not interested in using a criminal justice approach for a public health challenge. This is about educating the public about voluntary compliance”.
San Mateo County implemented a structured warning system for mask compliance. The emergency ordinance proposed by county supervisors requires a written warning first, followed by a fine if the person does not comply with wearing a mask. Officials approach individuals or businesses not implementing mask wearing and provide a free mask before any enforcement action. The county shifted violations from criminal to civil court, moving away from the statewide misdemeanor standard that allows 90 days in jail and fines up to $100,000.
When Do Officials Resort to Criminal Enforcement
Criminal enforcement becomes necessary when people flout stay-at-home orders, leaving police with little choice but to exercise their law enforcement authority. Houston Police Chief Art Acevedo articulated the prevailing philosophy: “It’s in everybody’s best interest to get voluntary compliance…we should only use the hammer (arrests or citations) as a measure of last resort”.
Some public officials emphasized that stay-at-home orders would be enforced through the criminal justice system from the outset. Maryland Governor Larry Hogan specifically warned that violations of his stay-at-home order would be subject to arrest and incarceration. Even in these circumstances, local police officials stated they hoped to resort to arrests only if people did not comply after potential violations had been explained.
Documentation Required for Repeat Violators
Jurisdictions proactively took steps to avoid confusion and build transparency behind enforcement measures. San Diego’s sheriff’s office published a document specifying all statutes and penalties relevant to enforcement while clarifying the underlying goals driving all enforcement actions. The document stated: “While we fully expect the people in San Diego County to recognize the seriousness of this public health threat and we are hopeful no enforcement action is necessary, this information can be used in the event no other resolution can protect public safety. The Sheriff’s goal is to reduce the spread of the disease and thereby protect public safety”.
What Business Owners Must Know to Stay Compliant
Business owners bear the responsibility of determining whether their operations qualify as essential under stay-at-home orders. Governor Newsom issued Executive Order N-33-20, directing all individuals to stay home except as needed to maintain continuity of operations of federal critical infrastructure sectors. This order remained in place until further notice, placing the burden on businesses to prove their essential status.
Determining if Your Business is Essential
The website CA.gov specifies that essential services remaining open include gas stations, pharmacies, food establishments (grocery stores, farmers markets, food banks, convenience stores, take-out and delivery restaurants), banks, and laundromats. Businesses outside these explicitly listed categories must reference federal guidance to assess their status.
If officials, individuals, or groups inquire about why a business remains open, owners must readily provide documents demonstrating essential business status. California businesses need a copy of the California Public Health Officer’s designated list of Essential Critical Infrastructure Workers and a letter on corporate letterhead. This letter must identify the sector the business belongs to, pinpoint why the work ensures continuity of functions critical to public health and safety, and note compliance with CDC, OSHA, and state and county guidelines.
Understanding Critical Infrastructure Exemptions
The Cybersecurity & Infrastructure Security Agency issued guidance identifying 16 critical infrastructure sectors:
- Healthcare and public health
- Law enforcement, public safety, and first responders
- Food and agriculture
- Energy
- Water and wastewater
- Transportation and logistics
- Public works
- Communications and information technology
- Other community-based government operations
- Critical manufacturing
- Hazardous materials
- Financial services
- Chemical
- Defense industrial base
- Additionally, two more sectors complete the federal framework
The guidelines assist state and local authorities in maintaining continuity of operations but are not binding and do not change existing statutes or executive action. CISA stressed the list is not exhaustive and encourages states to consider their own communities when implementing orders.
How to Apply for Waivers and Exemptions
Businesses should consult their county’s shelter-in-place order and county websites, which often provide answers to frequently asked questions concerning essential business operations. Santa Clara County, for example, specifies that businesses conducting both essential and non-essential functions may only carry out essential business functions in their facilities. These mixed-function businesses must maximize remote work and comply with social-distancing requirements but cannot continue non-essential operations.
Keeping Up With Changing Local Orders
Each California County has orders or guidance in place regarding the pandemic, with some differences between counties despite many similarities. The State of California’s website provides a link to each county order, updated regularly. All individuals must consult their local orders to determine the scope of shelter-in-place requirements.
What Happens When Your Business Receives a Citation
Receiving a citation initiates a structured enforcement process that varies based on the violator’s response and violation severity. The ABC Department investigated numerous complaints against licensees operating in defiance of stay-at-home orders, contacting these businesses and advising them to close immediately.
Responding to Initial Warnings
In light of voluntary compliance efforts, more than 98% of investigated licensees agreed to shut down pursuant to the Department’s request. The Department will not pursue disciplinary action against licensees who voluntarily comply. Contra Costa County follows a similar pattern, issuing warnings first, with most businesses coming into compliance before facing penalties.
Facing Misdemeanor Prosecution
For licensees who continued operating despite persuasion efforts, the Department pursues administrative action based on Section 25601, which prohibits keeping a disorderly house. Violations constitute misdemeanor offenses punishable by a maximum jail sentence of one year and a fine of up to $1,000.
Potential Fine Amounts and Court Proceedings
According to enforcement records, seven individuals from Fremont received $7,000 in fines, totaling $1,000 per person. Repeat offenders in Contra Costa County face fines up to $500 for individuals or $10,000 for businesses.
Long-term Consequences for Business Licenses
Administrative action against licensed premises could result in suspension or revocation of the license. Defiance of stay-at-home orders endangers public health and constitutes keeping a disorderly house for licensed premises.
Conclusion
California businesses navigate a complex enforcement landscape where violations of stay-at-home orders carry significant legal and financial consequences. Given these points, authorities balance education with enforcement, prioritizing warnings over immediate prosecution in most jurisdictions. Business owners must actively determine their essential status, maintain proper documentation, and monitor evolving county-level requirements to avoid citations. The penalties for non-compliance range from substantial fines to criminal misdemeanor charges and license revocations. Ultimately, voluntary compliance through understanding public health obligations remains the preferred approach, with criminal enforcement reserved for willful violators who endanger community safety despite repeated warnings.