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COVID-19 | Reopening Information & Resources

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​NYC Reopening Resources

Guidance for Restaurants Responding to COVID-19 Positive Employee 
The Restaurant Law Center has created a document which addresses the question of what to do if an employee is sick as well as what to do for employees who were exposed but are asymptomatic. This document provides the relevant links from the CDC, EEOC, or OSHA for additional guidance. New York State asks that you contact your local health department to report an employee who has COVID 19. Guidance Document HERE. 

NYS Department of Health Issues Emergency Ruling 

• The NYS Department of Health has issued an emergency rule, effective Thursday, July 9, 2020 that addresses the enforcement of several “social distancing” measures. Perhaps most significant, the rule (Section 66—3.2) imposes an explicit, enforceable requirement on all building owners and operators:
  • Building operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section [required face coverings] and shall require or compel, such person’s removal. Provided, however, that this regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.

​Majority of New Yorkers in Favor of Permanently Allowing Takeout or Delivery of Alcoholic Beverages from Restaurants
July 7, 2020 - A recent survey conducted by the restaurant industry and shared by the New York State Restaurant Association found that 86% of New York adults are in favor of permanently allowing the purchase of alcoholic beverages with takeout or delivery orders from restaurants. Read full press release HERE. 

State Liquor Authority Guideline FAQs

• ​Phase 2 Outdoor Dining FAQ, HERE.
• Phase 3 Indoor Dining FAQ, HERE. 
• Also, we received clarification from the State Liquor Authority that a licensed establishment can host a comedy night or a trivia night, as long as it’s open to the public, and all spacing, party size, PPE, congregating, etc. guidelines are followed. 

Phase 3 Guidelines for Restaurants
The Governor has released new regulations that outline the safety measures that will need to be put in place to protect restaurant staff and customers. The full guidelines can be read HERE - and all restaurants must read and affirm these guidelines before reopening. Restaurants must also create a Safety Plan, you can download a Safety Plan Template here.
Some highlights of the guidance include:

• Restaurants must ensure that indoor capacity is limited to no more than 50% of the maximum occupancy for an area as set by the certificate of occupancy, exclusive of employees.
• Restaurants must ensure that indoor and outdoor tables with seating for customers are separated by a minimum of six feet in all directions.
• All individuals sitting at a table must be with the same party, with a maximum of 10 people per table.
• Restaurants should ensure that a distance of at least six feet is always maintained among workers, unless the core activity requires a shorter distance (e.g. cooking, cleaning, clearing tables, maintenance).
• Regardless of physical distance, all employees must always wear an acceptable face covering. 
• Patrons must also wear face coverings at all times, except while seated.
• Further clarity that outdoor dining includes spaces that have a fixed roof if they have two sides of open-air flow.
• Restaurants must post signs throughout the site, consistent with DOH COVID-19 signage.

COVID-19 Employee Self-Assessment Form. The attorneys at Jackson Lewis have provided this template for staff to use prior to working their shift. ​
COVID-19 Safety Measures Sign, download HERE. 
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​NYS Outdoor Dining in Phase 2 Guidelines
In regions that have reached Phase 2, such establishments may open outdoor spaces with seating for customers (i.e. dining and bar spaces indoors cannot open to customers), provided customers can be seated at tables that are appropriately distanced. Furthermore, restaurants with outdoor bar seating can open the area, provided customers can be distanced appropriately. Consumption of any dine-in food and/or beverage must occur at tables or bar tops in these outdoor spaces.

• Outdoor Dining Summary Guidelines HERE. 
• Read and Affirm Detailed Guidelines for Outdoor and Takeout/Delivery Food Services HERE. You must affirm that you have read these plans in order to reopen.
• Additionally, all restaurants must have a plan in place for how to incorporate these regulations into their plan for outdoor dining.​ Print Business Safety Plan Template HERE. 
• COVID-19 Employee Self-Assessment Form. The attorneys at Jackson Lewis have provided a template for staff to use prior to working their shift. ​
• Phase 2 Industries Here. 

State Liquor Authority - Expanded Outdoor Alcohol Service Guidance

• New York State Liquor Authority (SLA) Guidance (now with an FAQ at bottom of page) on how restaurants and bars may be able to use public space to expand their service.  According to the new executive order:
  • All licensees may use any outdoor, open-air part of its existing premises for which it has control by deed, lease, management agreement, or other agreement of control for service.
    • Any licensee that expands its premises shall within 5 business days of doing so submit an updated diagram to the SLA at temporaryalterations@sla.ny.gov. Failure to do so shall subject a licensee to disciplinary charges for illegal extension of premises.
• The expansion also allows for municipalities to make available any contiguous property (sidewalks, streets, etc...) for use as well during the duration of this order. If municipalities want or expect the SLA to have jurisdiction over a licensee’s operations the municipality must submit to the SLA a plan for such municipal outdoor dining areas on the application form (below) and deliver to the SLA the written acceptance of responsibility for such Municipal Extension from each implicated licensee by also including the Licensee Certification For Temporary Extension of Licensed Premises Onto Municipal Property form (below).
  • Municipality Application to Temporarily Extend  Licensed Premises to a Municipal Street, Sidewalk, or Other Outdoor Area HERE.
  • Licensee Certification For Temporary Extension of Licensed Premises Onto Municipal Property HERE. (To be included with Municipality Application)

​Restaurant Reopening Guidance

• National Restaurant Association Reopening Guidance: The purpose of this guidance is to offer direction and provide a framework for best practices as you reopen. The updated guidance reflects the most recent guidelines from the Centers for Disease Control and Prevention and the U.S. Food & Drug Administration specifically related to interacting with diners.  Download Updated Reopening Guidance HERE. 
• The attorneys at Jackson Lewis have provided a template for a COVID-19 Self-Assessment Form for employees to use, download Self-Assesment Form HERE.  
• NYSRA partner Jackson Lewis has shared the following information from their daily briefing on May 18:  Reimagining the Workplace for Restaurant Employers and Businesses. Watch Now | Recap Outline.
• ​NYS Department of Health New Reopening Guidelines for Businesses
  The NYS Department of Health has released new reopening guidelines for businesses. All NYS businesses in the industry categories will need to comply with the minimum guidelines established by the State and will need to develop a written “Safety Plan” outlining how its workplace will prevent COVID-19 exposure. The State has provided industry specific safety plan templates, but also allows the business to develop its own Safety Plan. While the Safety Plan does not need to be submitted to the Department, the Safety Plan does need to be kept on file with the business AND posted conspicuously at the site of business. Businesses will also need to file an affirmation of compliance with the Department.
• The Center for Disease Control (CDC) Released An Updated Version of Its Restaurant Reopening Tool
• Empire State Development: FAQ for reopening: https://esd.ny.gov/nyforward-faq

NYS Reopening Plan: Map of 10 Regions and Current Readiness to Reopen

• Map of the 10 regions of the state and list of counties within each region HERE.
• Where each region stands in terms of readiness to reopen HERE.

Further Details on New York State’s Business Reopening Plan
The region-by-region approach will consist of four phases to reopening New York State:

• PHASE I: Construction/Manufacturing/some Retailers with curbside pick-up
• PHASE II: Professional Services, Finance/Insurance, Real Estate, Administrative Support
• PHASE III: Restaurants/Food service and Hotels/Accommodations
• PHASE IV: Arts/Entertainment/Recreation and Education

As part of this process the State will monitor four “core factors” to determine if a region can reopen: new infections, health care capacity, diagnostic testing capacity and contact tracing capacity. The Governor provided a listing of where each region stands currently.  The Governor’s press release and press conference can be found HERE.

Governor Outlines Additional Guidelines for Phased Plan to Reopen New York
Each region of the state - Capital Region, Central New York, Finger Lakes, Mid-Hudson Valley, Mohawk Valley, New York City, North Country, Long Island, Southern Tier and Western New York - must follow these guidelines as part of the re-opening plan. 
More about additional guidelines HERE.