New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls And Restaurants To Reopen With Restrictions – Media, Telecoms, IT, Entertainment


New York Permits Gyms, “Low-Risk” Arts &
Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants
to Reopen With Restrictions

Here’s an update on Governor Cuomo’s four-phase New York
Forward Plan1 to gradually permit businesses to reopen
by region in New York State.  

Background. To recap, the four phases of the NY Forward Plan
prioritized “businesses considered to have a greater economic
impact and inherently low risks of infection for the workers and
customers, followed by other businesses considered to have less
economic impact, and those that present a higher risk of infection
spread.2” Phase Four businesses (deemed to have a
higher risk of infection) include3:

  • Higher Education

  • Pre-K to Grade 12 Schools

  • Low-Risk Outdoor Arts & Entertainment4

  • Low-Risk Indoor Arts & Entertainment5

  • Media Production

  • Professional Sports Competitions With No Fans

  • Malls

  • Gyms and Fitness Centers

  • Video Lottery Gaming and Casino Gaming

While all ten NY regions met the health metrics to enter Phase
Four in July, gyms and fitness centers and video lottery gaming and
casino gaming remained closed throughout NY State. Similarly,
indoor common portions of retail shopping malls and indoor low-risk
arts and entertainment were prohibited to reopen in NY
City6.

Gyms, “Low-Risk” Arts & Entertainment,
Amusement Parks, Gaming Sites, Malls and Restaurants May Now Reopen
With Restrictions

Here’s a summary of new reopening guidance as of September
29, 2020. Keep in mind that all businesses – those that were
ordered to close at the beginning of the pandemic, and those
businesses that were not closed — are required to comply with
industry-specific safety guidelines. The guidelines require
businesses to have procedures for screening employees, and must be
affirmed by the owner of the business7. Businesses must
also develop a written safety plan outlining how the workplace will
prevent the spread of COVID-19. The safety plan must be kept on the
premises and must be made available to the NY State Department of
Health or local health or safety authorities on
demand8.

  • Gyms, arts, and entertainment. Gyms throughout NY
    State (except NY City) and “low-risk” indoor arts and
    entertainment in NY City were permitted to reopen on August 24th in
    compliance with NY State Department of Health
    guidelines9. Within NY City, gyms and fitness centers
    were not permitted to open until September 2nd, indoor pools are
    not permitted to open until September 30th and indoor group fitness
    classes must remain closed until further notice10. Gyms
    and fitness centers are currently limited to 33% capacity and must
    comply with health and safety protocols including that patrons must
    sign-in with contact information and must undergo health screening,
    employees and patrons must wear face coverings at all times, and
    fitness classes outside of NY City are by appointment/reservation
    only11.

  • Gaming sites. Video lottery gaming and casino gaming
    in NY State were permitted to reopen on September 9th in compliance
    with NY State Department of Health Guidelines, which currently
    includes a 25% capacity and an HVAC system filtration rating of at
    least MERV-1312.

  • Malls. Indoor common portions of retail shopping malls
    in NY City were permitted to reopen at 50% capacity on September
    9th13. In addition to compliance with health and safety
    protocols, malls larger than 800,000 square feet, must have an HVAC
    system filtration rating of at least MERV-1314.

  • Amusement parks. Places of public amusement such as
    amusement parks, water parks and carnivals, concerts, and
    performing arts remain closed in NYC. However, bowling alleys were
    permitted to open on August 17th15.

  • Restaurants. Restaurants in all ten NY regions are now
    permitted to open for outdoor dining. Restaurants that reopen must
    comply with NY State Department of Health guidelines.16
    As of September 25, 2020, NY City’s outdoor dining is now
    year-round and permanent17. Since early July,
    indoor dining at 50% capacity has been permitted for all NY regions
    except for NY City18. Restaurants in NY City will be
    permitted to reopen for indoor dining on September 30,
    202019, but will be subject to specific NY City
    guidelines — including being limited to 25% capacity, conducting
    temperature checks at every front door, collecting test and trace
    data from at least one customer at each table, and closing bar tops
    for seating20.

Footnotes

1 https://forward.ny.gov/

2 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/NYForwardReopeningGuide.pdf

3 https://forward.ny.gov/phase-four-industries

4 Low-risk outdoor entertainment includes outdoor zoos,
botanical gardens, nature parks, grounds of historic sites and
cultural institutions, outdoor museums, outdoor
agritourism/agricultural demonstrations, and other related
institutions or activities.

5 Low-risk indoor entertainment includes indoor museums,
historical sites, aquariums, and other related institutions or
activities, as well as art galleries, except retail galleries,
which must follow the retail store guidelines.

6 New York State Executive Order 202.53

7 https://forms.ny.gov/s3/ny-forward-affirmation

8 https://forward.ny.gov/

9 New York State Executive Order 202.57

10 https://www1.nyc.gov/site/doh/covid/covid-19-businesses-and-facilities.page

11 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/Gyms_and_Fitness_Centers_Detailed_Guidelines.pdf

12 New York State Executive Order 202.60

13 New York State Executive Order 202.60

14 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/Malls_Detailed_Guidelines.pdf

15 New York State Executive Order 202.57

16 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/OutdoorTakeoutDeliveryFoodServicesMasterGuidance.pdf

17 https://www1.nyc.gov/office-of-the-mayor/news/680-20/recovery-agenda-mayor-de-blasio-extends-outdoor-dining-season-year-round

18 New York State Executive Order 202.48

19 New York State Executive Order 202.61

20 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/NYC_Indoor_Food_Services_Detailed_Guidance.pdf


www.fkks.com

This alert provides general coverage of its subject area. We
provide it with the understanding that Frankfurt Kurnit Klein &
Selz is not engaged herein in rendering legal advice, and shall not
be liable for any damages resulting from any error, inaccuracy, or
omission. Our attorneys practice law only in jurisdictions in which
they are properly authorized to do so. We do not seek to represent
clients in other jurisdictions.

Source Article