COVID-19 | Reopening Information & Resources
New York City Reopening Resources
Governor Announces Executive Order Extending Moratorium on COVID-related Commercial Evictions and Foreclosures until October 20th
September 20, 2020
Governor Andrew M. Cuomo announced an Executive Order extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until October 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. Read the full release 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.
Governor Cuomo Extends Several Previous Executive Orders Until 10/4/20
On September 4, Governor Cuomo issued executive order 202.60 extending many previous executive orders for 30 days until October 4, 2020. Among those executive orders extended were alcohol to go, outdoor expansion of licensed premises, and the prohibition on commercial rent evictions. Read more 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.
Governor Cuomo Extends 20 Previously Issued Executive Orders Until 9/4/20
Governor Cuomo issued executive order 202.55, which extended 20 previously issued executive orders until September 4, 2020. Among those executive orders was the authorization for alcohol to go and the ban on indoor dining in NYC. The Governor could always choose to open indoor dining in NYC prior to September 4, but as it stands now, you can not seat or serve guests inside at any NYC foodservice operation. Read Executive Order 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 20, 2020
Governor Andrew M. Cuomo announced an Executive Order extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until October 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. Read the full release 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.
Governor Cuomo Extends Several Previous Executive Orders Until 10/4/20
On September 4, Governor Cuomo issued executive order 202.60 extending many previous executive orders for 30 days until October 4, 2020. Among those executive orders extended were alcohol to go, outdoor expansion of licensed premises, and the prohibition on commercial rent evictions. Read more 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.
Governor Cuomo Extends 20 Previously Issued Executive Orders Until 9/4/20
Governor Cuomo issued executive order 202.55, which extended 20 previously issued executive orders until September 4, 2020. Among those executive orders was the authorization for alcohol to go and the ban on indoor dining in NYC. The Governor could always choose to open indoor dining in NYC prior to September 4, but as it stands now, you can not seat or serve guests inside at any NYC foodservice operation. Read Executive Order 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.
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About NYSRA
The New York State Restaurant Association has been giving restaurateurs the power to succeed since 1935. The Association provides a platform for statewide cooperation and leadership on advocacy issues, along with valuable support services to members. |
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HQ: 409 New Karner Road, Ste. 202 | Albany, NY 12205 NYC: 315 W 36th Street | New York, NY 10018 Phone: 800.452.5212 | info@nysra.org
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