COVID-19 | Reopening Information & Resources
New York City Reopening Resources
Governor Cuomo Outlines FY 2022 Budget, Includes Proposed $130M Pandemic Recovery & Restoration Program
January 19, 2021
During today’s budget presentation Governor Cuomo outlined the fiscal year 2022 budget and it includes a proposal for $130 Million Pandemic Recovery & Restoration Program Supporting Highly-Impacted Small Businesses, Restaurant, Arts & Entertainment Industries. New York will establish three new tax credits and expand another totaling $130 million to help smaller businesses in the accommodation, arts and entertainment, restaurant and musical and theatrical production industries to recover from the pandemic and bring back jobs to New York.
SBA Re-opens Paycheck Protection Program Loan Portal 1/15/21
January 15, 2021
The U.S. Small Business Administration, in consultation with the U.S. Treasury Department, re-opens the Paycheck Protection Program (PPP) loan portal to PPP-eligible lenders with $1 billion or less in assets for First and Second Draw applications on Friday, January 15, 2021 at 9 a.m. EST. The portal will fully open on Tuesday, January 19, 2021 to all participating PPP lenders to submit First and Second Draw loan applications to SBA.
Governor Cuomo Announces Restaurants in Orange Zones Can Open for Indoor Dining
January 14, 2021
Following the decision of New York State Supreme Court Judge Henry Nowak yesterday, the Governor’s counsel has put out the following statement:
"A court decision yesterday temporarily granted a select few restaurants located within an Orange Zone in Erie County the ability to resume indoor dining under the rules governing Yellow Zones. We are reviewing the decision. While that process is ongoing, to ensure uniformity and fairness, all restaurants operating in Orange Zones can now operate under rules governing Yellow Zones. We disagree with the court's decision and its impact on public health as Federal CDC data clearly demonstrates indoor dining increases COVID-19 spread. From the start of this pandemic, the State has acted based on facts and the advice of public health experts, and we will continue that approach."
This means that all restaurants in orange zones across the State can immediately reopen for indoor dining but must follow the guidance for operating in a “yellow zone.” As a reminder, yellow zone restrictions require that no more than 4 people can be sitting at a table together. All other rules and guidelines, such as the 10 p.m. closing time, food with alcohol, and the capacity limits still apply. NYC restaurants and bars remain closed.
Judge Nowak will hear more arguments on this case on Tuesday so we expect information to come on whether or not this measure is permanent or not following that.
Raising the NYS Bar Restaurant Recovery Fund Accepting Applications
January 13, 2021
The Raising the NYS Bar Restaurant Recovery Fund through Empire State Development began accepting applications on January 11. Eligibility requirements can be found by clicking here. The online application can be found at: nysrestaurantrecovery.fluxx.io as well as at the Diageo, Southern Glazer and NDC webpages.
Paycheck Protection Program "User Manual" from National Restaurant Association
January 8, 2021
The latest COVID-19 pandemic relief bill, approved in late December, created a second draw of Paycheck Protection Program (PPP) loans. Eligible restaurants and small businesses can access $284.5 billion in new PPP loans, which can be fully forgiven if proceeds are used for allowable expenses during a selected 8-week or 24-week period that begins after the proceeds are received. This document outlines new rules published by the federal government January 6.
PPP User Manual here.
Small Business Administration Announces Deadline to Apply for EIDL Loan Extended to 12/31/21
January 5, 2021
The U.S. Small Business Administration announced that the deadline to apply for the Economic Injury Disaster Loan (EIDL) program for the COVID-19 Pandemic disaster declaration is extended to Dec. 31, 2021. EIDL loan applications will continue to be accepted through December 2021, pending the availability of funds. Loans are offered at a 3.75% interest rate for small businesses and 2.75% interest rate for nonprofit organizations, a 30-year maturity, and an automatic deferment of one year before monthly payments begin. For information on how to apply, click here.
EMPLOYER ALERT: Paid COVID-19 Leave Obligations in 2021
January 4, 2021
The most recent COVID stimulus package did not contain any extension of the paid leave obligations contained in the Families First Coronavirus Response Act (passed in March 2020). All of the paid leave provided in the Families First Coronavirus Response Act will expire on December 31, 2020, and employers will not have an obligation to provide those benefits in 2021. With this Federal leave benefit expiring, employers in New York are only required to provide employees with paid COVID-19 leave in limited circumstances. Read Kavinoky Cook employer alert and overview here.
Congress Unveils $900 Billion Coronavirus Relief Bill to Provide Short-Term Economic Relief
December 22, 2020
The relief plan includes several items that restaurants can utilize, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant industry. It includes tailored changes to make PPP a more effective tool for struggling restaurants. While the full legislation is currently being reviewed, here are some of the specific provisions restaurants should be aware of:
New York’s Restaurants Faring Far Worse than National Average
December 10, 2020
According to the most recent survey released by the New York State Restaurant Association, New York restaurants are facing some of the worst circumstances in the nation. Fifty-four percent of New York restaurants said they would likely not survive the next six months without federal relief, compared to the thirty-seven percent of restaurants nationwide. The findings of the survey conducted by the National Restaurant Association show the perilous situation in the Empire State.
“Since March, our members have been sounding the alarm that without sufficient governmental relief, New York restaurants will not make it through the pandemic. Our once vibrant restaurant industry is suffering. Our members are in worse economic shape than most restaurants across the country, and today’s numbers make that picture crystal clear. It is time that our elected officials start fighting to save the industry before it is too late. Financial aid from the federal government is one of our last hopes,” said Melissa Fleischut, president and CEO of NYSRA.
NYSRA members are asking for immediate intervention and a relief package at the federal level to help save these businesses and keep people employed. The Association has sent a letter to Governor Andrew Cuomo asking for his leadership and advocacy in securing a federal relief package for the industry. Read letter here. Read full press release here.
Resources for When an Employee Tests Positive for COVID-19
NYS Liquor Authority Guidance on Closing Hours
November 16, 2020
Read FAQs HERE.
January 19, 2021
During today’s budget presentation Governor Cuomo outlined the fiscal year 2022 budget and it includes a proposal for $130 Million Pandemic Recovery & Restoration Program Supporting Highly-Impacted Small Businesses, Restaurant, Arts & Entertainment Industries. New York will establish three new tax credits and expand another totaling $130 million to help smaller businesses in the accommodation, arts and entertainment, restaurant and musical and theatrical production industries to recover from the pandemic and bring back jobs to New York.
- Small Business Return-To-Work Tax Credit: This provides up to $50 million in tax credits to support small businesses in highly impacted sectors in the hiring of additional workers through 2021.
- Restaurant Return-To-Work Tax Credit: This tax credit provides up to $50 million in tax credits to support restaurants hard hit by the pandemic through 2021.
- Extend and Enhance the Musical and Theatrical Production Credit for Four Years: This tax credit provides up to $25 million in tax credits for the jump start of the industry and the support of tourism activity in the City. In order to support musical and theatrical productions that occur in the State but outside of New York City, the Budget extends this credit for four years through 2025 and doubles it to $8 million.
- Here is the statement we issued in response: “We thank Governor Cuomo and Budget Director Mujica for recognizing the unique plight of the restaurant industry during this pandemic. As the Governor so rightly noted, New York’s restaurants have done their part in cooperating with shutdowns and restrictions despite the devastating impact to our businesses and employees. Our restaurants across the state continue to be deeply impacted and are struggling for survival. We look forward to the state implementing a robust recovery effort specifically for the restaurant industry.”
SBA Re-opens Paycheck Protection Program Loan Portal 1/15/21
January 15, 2021
The U.S. Small Business Administration, in consultation with the U.S. Treasury Department, re-opens the Paycheck Protection Program (PPP) loan portal to PPP-eligible lenders with $1 billion or less in assets for First and Second Draw applications on Friday, January 15, 2021 at 9 a.m. EST. The portal will fully open on Tuesday, January 19, 2021 to all participating PPP lenders to submit First and Second Draw loan applications to SBA.
- Guidance documents from the SBA can be found at www.sba.gov/ppp
Governor Cuomo Announces Restaurants in Orange Zones Can Open for Indoor Dining
January 14, 2021
Following the decision of New York State Supreme Court Judge Henry Nowak yesterday, the Governor’s counsel has put out the following statement:
"A court decision yesterday temporarily granted a select few restaurants located within an Orange Zone in Erie County the ability to resume indoor dining under the rules governing Yellow Zones. We are reviewing the decision. While that process is ongoing, to ensure uniformity and fairness, all restaurants operating in Orange Zones can now operate under rules governing Yellow Zones. We disagree with the court's decision and its impact on public health as Federal CDC data clearly demonstrates indoor dining increases COVID-19 spread. From the start of this pandemic, the State has acted based on facts and the advice of public health experts, and we will continue that approach."
This means that all restaurants in orange zones across the State can immediately reopen for indoor dining but must follow the guidance for operating in a “yellow zone.” As a reminder, yellow zone restrictions require that no more than 4 people can be sitting at a table together. All other rules and guidelines, such as the 10 p.m. closing time, food with alcohol, and the capacity limits still apply. NYC restaurants and bars remain closed.
Judge Nowak will hear more arguments on this case on Tuesday so we expect information to come on whether or not this measure is permanent or not following that.
Raising the NYS Bar Restaurant Recovery Fund Accepting Applications
January 13, 2021
The Raising the NYS Bar Restaurant Recovery Fund through Empire State Development began accepting applications on January 11. Eligibility requirements can be found by clicking here. The online application can be found at: nysrestaurantrecovery.fluxx.io as well as at the Diageo, Southern Glazer and NDC webpages.
Paycheck Protection Program "User Manual" from National Restaurant Association
January 8, 2021
The latest COVID-19 pandemic relief bill, approved in late December, created a second draw of Paycheck Protection Program (PPP) loans. Eligible restaurants and small businesses can access $284.5 billion in new PPP loans, which can be fully forgiven if proceeds are used for allowable expenses during a selected 8-week or 24-week period that begins after the proceeds are received. This document outlines new rules published by the federal government January 6.
PPP User Manual here.
- Also, a couple of top-line one-pagers have been published on www.sba.gov/ppp discussing PPP First and Second Draws. Direct links here:
- Top-line Overview of First Draw PPP (sba.gov)
- Top-line Overview of Second Draw PPP (sba.gov)
Small Business Administration Announces Deadline to Apply for EIDL Loan Extended to 12/31/21
January 5, 2021
The U.S. Small Business Administration announced that the deadline to apply for the Economic Injury Disaster Loan (EIDL) program for the COVID-19 Pandemic disaster declaration is extended to Dec. 31, 2021. EIDL loan applications will continue to be accepted through December 2021, pending the availability of funds. Loans are offered at a 3.75% interest rate for small businesses and 2.75% interest rate for nonprofit organizations, a 30-year maturity, and an automatic deferment of one year before monthly payments begin. For information on how to apply, click here.
EMPLOYER ALERT: Paid COVID-19 Leave Obligations in 2021
January 4, 2021
The most recent COVID stimulus package did not contain any extension of the paid leave obligations contained in the Families First Coronavirus Response Act (passed in March 2020). All of the paid leave provided in the Families First Coronavirus Response Act will expire on December 31, 2020, and employers will not have an obligation to provide those benefits in 2021. With this Federal leave benefit expiring, employers in New York are only required to provide employees with paid COVID-19 leave in limited circumstances. Read Kavinoky Cook employer alert and overview here.
Congress Unveils $900 Billion Coronavirus Relief Bill to Provide Short-Term Economic Relief
December 22, 2020
The relief plan includes several items that restaurants can utilize, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant industry. It includes tailored changes to make PPP a more effective tool for struggling restaurants. While the full legislation is currently being reviewed, here are some of the specific provisions restaurants should be aware of:
- Enhanced PPP Loan Size: The PPP provides a business with a forgivable loan based on 2.5 times its monthly payroll costs. Restaurants, however, can seek forgivable loans based on 3.5 times monthly payroll costs.
- Enhanced Access to PPP: Companies that employ a total of 300 or more employees at all locations (combined) are deemed ineligible for the PPP. However, mid-sized and larger restaurant groups can qualify for PPP as long as they do not employ more than 300 employees at each physical location.
- Deductibility of business expenses paid with PPP loans,
- Enhancement of the Employee Retention Tax Credit (ERTC),
- Extension of the augmented Work Opportunity Tax Credit (WOTC), and Increased tax deduction for business meals.
New York’s Restaurants Faring Far Worse than National Average
December 10, 2020
According to the most recent survey released by the New York State Restaurant Association, New York restaurants are facing some of the worst circumstances in the nation. Fifty-four percent of New York restaurants said they would likely not survive the next six months without federal relief, compared to the thirty-seven percent of restaurants nationwide. The findings of the survey conducted by the National Restaurant Association show the perilous situation in the Empire State.
“Since March, our members have been sounding the alarm that without sufficient governmental relief, New York restaurants will not make it through the pandemic. Our once vibrant restaurant industry is suffering. Our members are in worse economic shape than most restaurants across the country, and today’s numbers make that picture crystal clear. It is time that our elected officials start fighting to save the industry before it is too late. Financial aid from the federal government is one of our last hopes,” said Melissa Fleischut, president and CEO of NYSRA.
NYSRA members are asking for immediate intervention and a relief package at the federal level to help save these businesses and keep people employed. The Association has sent a letter to Governor Andrew Cuomo asking for his leadership and advocacy in securing a federal relief package for the industry. Read letter here. Read full press release here.
Resources for When an Employee Tests Positive for COVID-19
- Guidance for Restaurants Responding to COVID-19 Positive Employee
- Guidance for Employees Returning to Work Following COVID-19 Infection or Exposure
- COVID-19 Employee Self-Assessment Form. The attorneys at Jackson Lewis have provided a template for staff to use prior to working their shift.
NYS Liquor Authority Guidance on Closing Hours
November 16, 2020
Read FAQs HERE.
Governor Releases New Executive Order That Takes Effect November 13 at 10 p.m.
November 12, 2020
Governor Cuomo Announces New Statewide Restrictions To Take Effect 11/13
November 11, 2020
Governor Cuomo announced new restrictions that will go into effect statewide on Friday night. To read the announcement click here. The Governor gave two reasons for implementing these restrictions. One was that state data and contact tracing shows the greatest community spread coming from restaurants, bars, gyms, fitness centers, and gatherings at private residences. The second was that it brings our restrictions in line with our neighboring states – Massachusetts, Connecticut and New Jersey have all established 10 p.m. closures in recent days.
NYSRA Statement in Response to Governor's Announcement of New Restrictions
November 11, 2020
“Today’s news is a huge blow to the restaurant industry that is desperately trying to stay afloat. Our members have put in place procedures and protocols to mitigate the spread, and we’ll continue to do so to ensure the safety of our employees and patrons. We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this.” Melissa Fleischut, NYSRA President and CEO
National Restaurant Association Updated Restaurant Reopening Guidance
October 23, 2020
The guidance is now called the COVID-19 Safe Operating Guidance and is meant to be used in conjunction with FDA, CDC and state and local requirements. The guide has many new additions most notably there is a new section on preparing workplaces for COVID-19 which addresses layouts and ventilation. Guide available HERE.
NYS Dept. of Labor Releases Guidance and FAQ for New Paid Sick Leave Law
October 22, 2020
The New York State Department of Labor (DOL) released guidance and FAQs regarding the new paid sick leave law for all private sector businesses in the state. Additional regulations are expected from DOL in the coming weeks and we will update you as we receive more information.
SBA Releases Simpler Loan Forgiveness Application for PPP Loans $50,000 or Less
Detailed information available here.
Guidance for Restaurants: Federal WARN Act and COVID-19 Issues
The Workers Adjustment and Retraining Notification (WARN) Act is a federal law requiring employers to provide written notice to various state and local government officials, affected employees, and any union representatives at least 60 days before certain group separations occur. For more information on the federal law, please review the Guidance and FAQ documents provided by the Restaurant Law Center of National Restaurant Association.
November 12, 2020
- The Governor’s office released Executive Order 202.74 which takes effect on Friday, November 13 at 10 p.m. Here are the major components:
- All businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM and shall not reopen before the later of any stipulated opening hours or existing county opening hours permit; further, to-go and delivery service of food, and non-alcoholic beverages only, may continue at such business licensed for on premises service until the earlier of any stipulated closing hours or existing county closing hours permit.
- All restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, shall cease in-person dining at 10:00PM, but may continue curbside takeout and delivery service after 10:00PM so long as otherwise permitted, and may reopen no earlier than 5:00AM.
- The limits to allow gatherings of 50 of fewer individuals for any lawful purpose or reason, is hereby modified only insofar as to further limit non-essential private residential gatherings to 10 or fewer individuals.
Governor Cuomo Announces New Statewide Restrictions To Take Effect 11/13
November 11, 2020
Governor Cuomo announced new restrictions that will go into effect statewide on Friday night. To read the announcement click here. The Governor gave two reasons for implementing these restrictions. One was that state data and contact tracing shows the greatest community spread coming from restaurants, bars, gyms, fitness centers, and gatherings at private residences. The second was that it brings our restrictions in line with our neighboring states – Massachusetts, Connecticut and New Jersey have all established 10 p.m. closures in recent days.
NYSRA Statement in Response to Governor's Announcement of New Restrictions
November 11, 2020
“Today’s news is a huge blow to the restaurant industry that is desperately trying to stay afloat. Our members have put in place procedures and protocols to mitigate the spread, and we’ll continue to do so to ensure the safety of our employees and patrons. We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this.” Melissa Fleischut, NYSRA President and CEO
National Restaurant Association Updated Restaurant Reopening Guidance
October 23, 2020
The guidance is now called the COVID-19 Safe Operating Guidance and is meant to be used in conjunction with FDA, CDC and state and local requirements. The guide has many new additions most notably there is a new section on preparing workplaces for COVID-19 which addresses layouts and ventilation. Guide available HERE.
NYS Dept. of Labor Releases Guidance and FAQ for New Paid Sick Leave Law
October 22, 2020
The New York State Department of Labor (DOL) released guidance and FAQs regarding the new paid sick leave law for all private sector businesses in the state. Additional regulations are expected from DOL in the coming weeks and we will update you as we receive more information.
SBA Releases Simpler Loan Forgiveness Application for PPP Loans $50,000 or Less
Detailed information available here.
Guidance for Restaurants: Federal WARN Act and COVID-19 Issues
The Workers Adjustment and Retraining Notification (WARN) Act is a federal law requiring employers to provide written notice to various state and local government officials, affected employees, and any union representatives at least 60 days before certain group separations occur. For more information on the federal law, please review the Guidance and FAQ documents provided by the Restaurant Law Center of National Restaurant Association.
Restaurants Urge SBA to Protect PPP Rent Forgiveness
The National Restaurant Association submitted comments on September 28 to the U.S. Small Business Administration (SBA) to protect PPP loan forgiveness. Read the full letter HERE.
The National Restaurant Association submitted comments on September 28 to the U.S. Small Business Administration (SBA) to protect PPP loan forgiveness. Read the full letter HERE.
Governor Cuomo Announces Indoor Dining in NYC to Begin September 30 with 25% Occupancy Limit
September 9, 2020
Governor Andrew M. Cuomo today announced indoor dining in New York City will be allowed to resume beginning September 30th with a 25 percent occupancy limit. All restaurants that reopen will be subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity; the State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary.
Business guidance for indoor dining in New York City is available HERE. Read full press release HERE.
NYSRA Survey: Nearly Two-Thirds of New York’s Restaurants Likely to Close by Year’s End Without Government Support
September 3, 2020
Without a comprehensive relief package specifically for restaurants, 63.6% of New York restaurants said they are likely to close by the end of the year according to the most recent survey from the New York State Restaurant Association. A total of 1,042 restaurateurs from across the state responded to the survey. Their responses painted a grim picture for the industry.
Read full story HERE.
COVID-19 At-Home Lab Tests Now Available
To help members reopen successfully, the National Restaurant Association has partnered with LetsGetChecked to offer members exclusive, negotiated pricing on COVID-19 tests. LetsGetChecked offers the only FDA authorized 99.7% accurate solution that owns all aspects of the testing process: a comprehensive solution that integrates FDA authorized at-home sample collection, lab testing, result delivery, and patient support. After safely and easily collecting a sample, employees mail the sample to the lab and receive online results within 2-4 business days of reaching the lab.
Please contact Clinton Wolf with any questions. To place an order, contact hospitalityhealth@uhg.com.
How Restaurants Can Handle Potentially Negative Encounters When Customers Refuse to Follow the Mask Policy
The National Restaurant Association’s Restaurant Law Center provides guidance on what restaurant operators can do to handle potentially unpleasant encounters when customers refuse to follow the restaurant’s mask policy. The Q&A covers how operators might handle customers who cite their constitutional rights, claim a disability, or just forgot their masks. Tips include posting precise signage, takeout and curbside service options, and having extra masks on hand. Read Guidance HERE.
NYSRA Survey: 90% of Restaurants Unlikely to be Profitable in Next 6 Months Without Government Assistance
Without a comprehensive relief package specifically for restaurants, 89.7% of New York’s restaurant owners say that it will be very or somewhat unlikely that their establishments will be profitable in the next six months. This will force more restaurants to close their doors for good and put many New Yorkers out of work. This information comes from the latest survey conducted by the New York State Restaurant Association. Read full press release HERE.
National Restaurant Association Applauds Schumer’s Support of RESTAURANTS Act
The National Restaurant Association and its members applaud the decision of Sen. Chuck Schumer to co-sponsor the Senate version of the Real Economic Support That Acknowledges Unique Restaurant Assistance Needed To Survive Act of 2020 (RESTAURANTS Act of 2020). Sen. Schumer’s decision highlights his support of this cornerstone American industry and his understanding of the on-going threat the pandemic poses to its survival. Read full press release HERE.
Western New York Wedding Court Case, What the Decision Means
A court case in Western NY has garnered a lot of attention by the catering industry. Two couples and their officiant sued the state of New York to allow them to have more than 50 people at their weddings. They argued multiple constitutional issues including freedom of religion. An injunction was granted to allow the weddings to proceed with more than 50 people. However, the decision only applies to the two couples and not the venue or the industry as a whole. In fact, most of the details of the case have not been ruled on yet. NYSRA will use this decision to keep arguing for greater numbers for gatherings.
Suffolk County Supervisors Letter in Support of Greater Capacity for Catering Halls
On August 5, the Suffolk County Supervisors Association sent a letter to Governor Cuomo asking him to consider allowing licensed foodservice establishments to operate with a slightly greater capacity than the current limit of 50 guests per social gathering. Read letter HERE.
State Liquor Authority FAQ on Latest Regulations
The State Liquor Authority posted an FAQ for the recent executive order requiring food to be purchased with an initial order of an alcoholic beverage. Read FAQ (scroll down to Q+A section) HERE.
Governor Cuomo Announces New Regulations for Bars & Restaurants
July 16, 2020
State
Today, the Governor announced that all restaurants and bars statewide will be subject to new requirements:
Governor Cuomo also announced new regulations for bars and restaurants in New York City to ensure they are complying with state social distancing and face covering orders. As part of the 'Three Strikes and You're Closed' initiative:
Additionally, the Governor stated that a decision will be made on New York City entering Phase Four by July 17th. If New York City is approved to enter Phase Four on Monday, the state will not allow any additional indoor activity, such as malls and cultural institutions.
NYSRA is working to get clarification and additional information regarding these regulations, we will update you as soon as we have new information.
Read full press release on new regulations HERE.
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
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 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:
COVID-19 Safety Measures Sign, download HERE.
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.
State Liquor Authority - Expanded Outdoor Alcohol Service Guidance
Restaurant Reopening Guidance
NYS Reopening Plan: Map of 10 Regions and Current Readiness to Reopen
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:
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.
September 9, 2020
Governor Andrew M. Cuomo today announced indoor dining in New York City will be allowed to resume beginning September 30th with a 25 percent occupancy limit. All restaurants that reopen will be subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity; the State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary.
Business guidance for indoor dining in New York City is available HERE. Read full press release HERE.
NYSRA Survey: Nearly Two-Thirds of New York’s Restaurants Likely to Close by Year’s End Without Government Support
September 3, 2020
Without a comprehensive relief package specifically for restaurants, 63.6% of New York restaurants said they are likely to close by the end of the year according to the most recent survey from the New York State Restaurant Association. A total of 1,042 restaurateurs from across the state responded to the survey. Their responses painted a grim picture for the industry.
Read full story HERE.
COVID-19 At-Home Lab Tests Now Available
To help members reopen successfully, the National Restaurant Association has partnered with LetsGetChecked to offer members exclusive, negotiated pricing on COVID-19 tests. LetsGetChecked offers the only FDA authorized 99.7% accurate solution that owns all aspects of the testing process: a comprehensive solution that integrates FDA authorized at-home sample collection, lab testing, result delivery, and patient support. After safely and easily collecting a sample, employees mail the sample to the lab and receive online results within 2-4 business days of reaching the lab.
Please contact Clinton Wolf with any questions. To place an order, contact hospitalityhealth@uhg.com.
How Restaurants Can Handle Potentially Negative Encounters When Customers Refuse to Follow the Mask Policy
The National Restaurant Association’s Restaurant Law Center provides guidance on what restaurant operators can do to handle potentially unpleasant encounters when customers refuse to follow the restaurant’s mask policy. The Q&A covers how operators might handle customers who cite their constitutional rights, claim a disability, or just forgot their masks. Tips include posting precise signage, takeout and curbside service options, and having extra masks on hand. Read Guidance HERE.
NYSRA Survey: 90% of Restaurants Unlikely to be Profitable in Next 6 Months Without Government Assistance
Without a comprehensive relief package specifically for restaurants, 89.7% of New York’s restaurant owners say that it will be very or somewhat unlikely that their establishments will be profitable in the next six months. This will force more restaurants to close their doors for good and put many New Yorkers out of work. This information comes from the latest survey conducted by the New York State Restaurant Association. Read full press release HERE.
National Restaurant Association Applauds Schumer’s Support of RESTAURANTS Act
The National Restaurant Association and its members applaud the decision of Sen. Chuck Schumer to co-sponsor the Senate version of the Real Economic Support That Acknowledges Unique Restaurant Assistance Needed To Survive Act of 2020 (RESTAURANTS Act of 2020). Sen. Schumer’s decision highlights his support of this cornerstone American industry and his understanding of the on-going threat the pandemic poses to its survival. Read full press release HERE.
Western New York Wedding Court Case, What the Decision Means
A court case in Western NY has garnered a lot of attention by the catering industry. Two couples and their officiant sued the state of New York to allow them to have more than 50 people at their weddings. They argued multiple constitutional issues including freedom of religion. An injunction was granted to allow the weddings to proceed with more than 50 people. However, the decision only applies to the two couples and not the venue or the industry as a whole. In fact, most of the details of the case have not been ruled on yet. NYSRA will use this decision to keep arguing for greater numbers for gatherings.
Suffolk County Supervisors Letter in Support of Greater Capacity for Catering Halls
On August 5, the Suffolk County Supervisors Association sent a letter to Governor Cuomo asking him to consider allowing licensed foodservice establishments to operate with a slightly greater capacity than the current limit of 50 guests per social gathering. Read letter HERE.
State Liquor Authority FAQ on Latest Regulations
The State Liquor Authority posted an FAQ for the recent executive order requiring food to be purchased with an initial order of an alcoholic beverage. Read FAQ (scroll down to Q+A section) HERE.
Governor Cuomo Announces New Regulations for Bars & Restaurants
July 16, 2020
State
Today, the Governor announced that all restaurants and bars statewide will be subject to new requirements:
- They must only serve alcohol to people who are ordering and eating food.
- All service at bar tops must be for seated patrons only who are socially distanced by six feet or separated by physical barriers.
- The new Executive Order can be found HERE.
- Guidance from the State Liquor Authority is HERE.
Governor Cuomo also announced new regulations for bars and restaurants in New York City to ensure they are complying with state social distancing and face covering orders. As part of the 'Three Strikes and You're Closed' initiative:
- Any establishment that receives three violations will be closed for business.
- Egregious violations can result in immediate loss of liquor license or closure before a third strike.
- Any establishment facing disciplinary charges by the State Liquor Authority will have its name and location posted publicly and updated on a weekly basis.
Additionally, the Governor stated that a decision will be made on New York City entering Phase Four by July 17th. If New York City is approved to enter Phase Four on Monday, the state will not allow any additional indoor activity, such as malls and cultural institutions.
NYSRA is working to get clarification and additional information regarding these regulations, we will update you as soon as we have new information.
Read full press release on new regulations HERE.
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 Safety Measures Sign, download HERE.
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.
- 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.
- 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).
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
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.
