On Thursday, February 4, 2020, Governor Baker announced that the state of Massachusetts plans to raise capacity ceilings at restaurants, gyms, arcades and other businesses to 40%. The capacity cap, which had previously been 25%, will be raised to 40% on Monday, February 8. In this new iteration of the capacity limitations, restaurant employees and other close contact personal services will not count towards the state’s 40% limit. Restaurant-specific regulations that restrict parties to a maximum of 6 people per party and a time limit of 90 minutes will remain in place.

The following businesses will be included in this 40% capacity limit:

• Arcades and Recreational Businesses
• Driving and Flight Schools
• Gyms/Health Clubs
• Libraries
• Museums
• Retail
• Offices
• Places of Worship
• Lodging
• Indoor Golf
• Movie Theaters (no more than 50 people per theater)

Private gathering limits that were previously tightened to 10 people indoors and 25 people outdoors will stay in place. Additionally, a limit of 5 people per 1000 square feet will apply for smaller businesses without an available fire occupancy capacity.