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i. Indoor Food Services, including indoor portions of food service
establishments offering food and drink, including restaurants, bars, and all
indoor dining areas of food service establishments. The requirements of
this Order shall not apply to any food service establishment offering food
and/or drink exclusively for off-premises or outdoor consumption, or to a
food service establishment providing charitable food services such as soup
kitchens.
ii. Indoor Entertainment, Recreational, and Event Venues, including movie
theaters, music or concert venues, commercial event and party
venues, museums and galleries, professional sports arenas and indoor
stadiums, convention centers and exhibition halls, performing arts
theaters, bowling alleys, and other recreational centers;
iii. Indoor Gyms and Fitness Settings, including commercial gyms, fitness,
yoga/pilates/barre/dance studios, boxing/kickboxing gyms, fitness boot
camps, indoor pools, and other facilities used for conducting group fitness
classes.
c. “Indoor portion” means any part of a covered premises with a roof or overhang
that is enclosed by at least three walls, except that the following will not be
considered an indoor portion: (1) a structure on the sidewalk or roadway if it is
entirely open on the side facing the sidewalk; and (2) an outdoor dining structure
for individual parties, such as a plastic dome, if it has adequate ventilation to
allow for air circulation.
d. “Proof of vaccination” means proof of receipt of a COVID-19 vaccine authorized
for emergency use or licensed for use by the U.S. Food and Drug Administration
or authorized for emergency use by the World Health Organization, as required
under the phased implementation of this Order. Such proof may be established by:
i. a CDC COVID-19 Vaccination Record Card;
ii. a digital image of the CDC card;
iii. any other official immunization record from the jurisdiction, state, or
country where the vaccine was administered;
iv. a digital or physical photo of such a card or record, reflecting the person’s
name, vaccine brand, and date administered;
v. a letter, digital image, or report from a health care provider, pharmacy, or
vaccination site establishing proof of COVID-19 vaccination;
vi. or any vaccination verification smartphone application developed by the
Commonwealth of Massachusetts, or developed or endorsed by the City of
Boston.
5. Each instance that a covered entity fails to check an individual’s vaccination status shall
constitute a separate violation of this Order.
6. The Boston Public Health Commission shall develop guidance to assist covered entities
in complying with this Order in an equitable manner consistent with applicable law.