The fierce determination of many New Yorkers, and a heavy dose of common sense, forced city and state authorities to slightly relent on their position to keep NYC restaurants closed to indoor dining. But only allowing 25% occupancy is economically unfeasible, and the effort to save this vital portion of the economy must continue.
Cashless Prohibition
Pursuant to Local Law 34 of 2020, cashless establishments are prohibited in New York City, effective November 19, 2020. Establishments covered by the law include:
- Food Stores: Establishments that offer food or beverages to the public for consumption or use on or off the premises, or on or off a pushcart, stand or vehicle; and
- Retail Establishments: Establishments that offer consumer commodities, or where services are provided to consumers at retail. This does not include banks or trust companies.
On November 19, 2020, it will be unlawful for a food store or a retail establishment to refuse to accept payment in cash from consumers, unless payment is in:
- Cash bills denominated above $20; or
- Cash for any telephone, mail, or internet-based transaction, unless the payment for such transaction takes place on the premises of the food store or retail establishment.
Additionally, no food store or retail establishment shall charge a higher price to a consumer who pays in cash. The law exempts food stores or retail establishments that provide a device on premises that converts cash, without charging a fee or requiring a minimum deposit amount greater than one dollar, into a prepaid card that allows a consumer to complete a transaction at the establishment.
INDOOR DINING
THERE ARE LATE REPORTS THAT NYC HAS APPROVED INDOOR DINING, AS OF SEPTEMBER 30, AT 25% CAPACITY.
There will be a rally tomorrow, September 10, at noon in front of the Community Board 10 office at 3165 East Tremont Avenue to urge the city and state to allow indoor dining.
The economy of the Throggs Neck Bid area is heavily dependent on the many restaurants that grace our community. The people from across the region that they draw to our abundant selection of excellent dining options represents a key portion of local business.
That reality is why the reluctance to allow New York City’s restaurants to follow the same rules of surrounding areas in Westchester and Long Island that allow indoor dining is so devastating.
The warmer weather is rapidly drawing to a close, and the minor relief afforded by outdoor seating will no longer provide the slim life line to some small degree of financial survival that it has.
The financial impact of this, following the months of the COVID shutdown, is crippling. The danger that this could cause many, if not most, restaurants across the city to permanently close down is very real, indeed, even probable. The New York Post recently noted that “More than 1,000 of the city’s 25,000 sit-down eateries have closed since the start of the pandemic — and a prolonged shutdown without a blueprint to reopen threatens to sink many more by winter’s end.”
It is an illusion to assume that restaurants can be shut down for a long period of time and come back to be the job-creation engine that they have been. It’s not only the present economy that is at stake. A New York State Department of Labor report found that “The growth rate for jobs in the dining industry is higher than the growth rate for all industries in New York City.” Keeping these vital businesses closed and jeopardizing their survival could be a mortal blow to both the overall city economy, and the vast number of jobs they create.
Our local community would be among the most detrimentally affected in the entire city if the Mayor does not change course.
Luke Fortney, writing in the trade publication NY Eater, notes that there are “…no concrete plans to bring back indoor dining this year…dining and other indoor activities could be on-hold until at least 2021.”
The reaction by the dining industry is one of shock and dismay. Attorneys Lou Gelormino and Mark Fonte are instituting together a class-action lawsuit on behalf of 100 restaurants in Staten Island and southern Brooklyn against this decision.
The decision to discriminate against dining establishments when schools, museums and even gyms are being allowed to reopen is baffling, particularly when the NYC COVID infection rate has dropped below 1%.
The importance of restaurants to the city economy, and to the lives of the massive number of people they employ must be understood. This action, added to the stringent crackdown by the State Liquor authority on drinking establishments throughout the city, resulting in fines and shutdowns, has severely impacted one of our community’s vital economic building blocks
We at the Throggs Neck BID do not seek to get involved in squabbles with any elected official, or the policies they pursue. However, when an action is taken that could literally devastate our entire neighborhood, we are forced to act. We will do all that is necessary to protect our community.
Gyms can Reopen
NYC’s Small Business Services (SBS) has provided the following announcement: |
We are excited to share that gyms are allowed to officially reopen tomorrow, September 2nd once the owner has submitted a Gym and Fitness Facility Inspection Request and Attestation Form to the NYC Health Department. By completing the form, a facility is affirming it has met COVID-19-related New York State requirements and is ready for inspection. Indoor pools and indoor fitness classes will remain closed in New York City until further notice. Health and safety remain the number one priority as the City reopens. You can find all guidance related to gym reopening using the buttons below. |
Reopening Gyms and Fitness Facilities: What Operators Need to Know | Interim Guidance for Gyms and Fitness Centers During the COVID-19 Public Health Emergency |
Have questions? Our team is here to help and support you as you reopen your business and navigate new guidelines. Join us for a webinar on September 10 to learn more about reopening your gym. Learn more and RSVP. You can also visit us at nyc.gov/reopeningbusinesses or call our hotline at (888)SBS-4NYC. |
Upcoming Reopening Webinars Reopening your business in NYC? We can help. Join us at one of our upcoming webinars designed to help you understand the requirements and best practices to reopen. |
Are you a minority or woman business owner? Get certified The City spends up to $17 billion per year on goods and services. Getting certified as an M/WBE will help you compete for these opportunities and access exclusive programs to help your small business grow. Want to learn more? Join us for an upcoming webinar! |
Make sure you’re prepared this hurricane season. From gas leaks and fires, to major hurricanes, flooding, and blackouts, NYC business owners face many challenges that can impact your operations and assets. The Department of Small Business Services (SBS) is here to help guide you through the start of a business continuity plan. Join us for a webinar to learn how to: Stay in business: Identify your key business functions, employees, and documents Protect your investments: Understand how to protect your assets and navigate insurance processes Be ready for action: Create a business continuity plan for your business |
*NOW ACCEPTING APPLICATIONS ON A ROLLING BASIS*
To help New York City’s small businesses experiencing financial distress due to the impact of COVID-19, Citizens Committee has launched Neighborhood Business Grants.
Small businesses, vital to the fabric of their neighborhoods, will receive grants of $5,000 – $10,000 to maintain payroll and operations. We will prioritize businesses owned by people of color, immigrants, and women. Proposals that focus on adapting businesses to the challenges of COVID-19 (i.e. delivering orders, fulfilling online requests for products, conducting training and classes online) will also be prioritized. Grants may be made to barber shops, restaurants, food carts, vegetable stands, and other small businesses. Unlike many financial opportunities currently available to small businesses, this program will provide grants rather than loans.
The application is intended to be accessible and short, and will be reviewed on a rolling basis. If you have any questions, please email businessgrants@citizensnyc.org.
Access the online application by going to https://www.tfaforms.com/4842203
To view a sample of the application, please go to https://www.citizensnyc.org/sites/default/files/sample_-_small_business_neighborhood_grants_application.pdf
License Renewal Update
From NYC Dept. of Consumer Affairs:
Important Update about License Renewal 08/2020
Under NYC’s COVID-19 Relief Package, the license expiration dates and renewal application deadlines covered by Emergency Executive Orders (EEO) 107 and 110 are extended. In general, the extension applies to licenses with expiration dates ON OR AFTER March 12, 2020 when NYC declared a pandemic state of emergency.
Where to Find Your License Expiration Date: • License expiration date is on your license.
◦ For businesses, see “Expires” field on your license document.
◦ For individuals, see “Expiration Date” field on your license ID (card).
• You can also visit nyc.gov/BusinessToolbox and click “Renew” for the list of licenses and their expiration dates to see if the EEO covers your industry.
Exception Industries: • Employment Agency and Scrap Metal Processor licenses are not covered by EEO; these license expiration dates are set by State law: ◦ Employment Agency license expiration date was May 1, 2020. ◦ Scrap Metal Processor license expiration date was June 30, 2020.
• If your license is expired—that is, the expiration date is not extended—you may not operate until you get your renewed license. In addition to Employment Agency and Scrap Metal Processor, industries that may not operate without a renewed license are:
◦ Process Server Individual ◦ Process Serving Agency ◦ Scale Dealer Repairer • License expiration date for these industries was February 28, 2020. Stay Informed:
• Monitor nyc.gov or nyc.gov/dca for updates. Once the City issues a new Mayoral EEO with guidance for renewing your license, your extended license will expire 45 days from the date of the Mayoral EEO
For further information on Business licenses, go to: https://www1.nyc.gov/assets/dca/downloads/pdf/businesses/licensing_industries_list.pdf
To protect the businesses, property owners, and residents of our neighborhood, the Throggs Neck BID has been actively opposing the NYC Department of Transportation’s (DOT) “Road Diet” proposal, which will detrimentally affect the community.
To inform the public of this impending threat, the BID has commissioned a series of ads entitled “We The People” in the Bronx Times Reporter. The name is based on the concept that only the citizens, not the bureaucrats, should decide what policies must be adopted. Despite staunch opposition from both local organizations and residents, DOT has implemented similar plans in other portions of The Bronx.
The text of the ad:
The NYC Department of Transportation (DOT) has a proposal that may have a negative impact on businesses, residents and shoppers within the Throggs Neck BID.
DOT is seeking to implement a “road diet” plan, which will reduce driving lanes on East Tremont Avenue from the Cross Bronx Expressway Service Road to Harding Avenue, and Harding Avenue from Emerson Avenue to Pennyfield Avenue, from four lanes to three. Drivable space will be even further reduced due to the development of a bike lane. The bike lane will affect parking and delivery services throughout our commercial areas by limiting the lane space for our already busy streets.
Community Board 10 had announced its opposition when a similar proposal was announced (and unfortunately implemented), on the portion of East Tremont Avenue from Bruckner to Westchester Square, even though the measure was overwhelmingly voted down 29 to 3 by the Board, which represents all of our community, on May 21, 2015.
Our neighboring community, Morris Park, successfully fought against a “road diet” plan that DOT attempted to implement in their area.
We can too! But we need to fight together!! The idea of discouraging vehicular traffic through road diet plans will not work well in a community such as ours.
Those who frequent our shops and restaurants, overwhelmingly, use cars, and that is highly unlikely to change. If parking is hard to find it will affect all of our storefronts. The same storefronts that are still recovering from the challenge of the Covid 19 pandemic. There are many of these businesses that have not been allowed to open fully as of yet in the community. We cannot allow this tyranny to continue…the people have spoken and Government officials need to listen.
To help, please contact the office of Bronx Borough Commissioner Nivardo Lopez at 212-748-6680, or the New York City Department Of Transportation at 212-639-9675. Let them know our voice matters!
OBJECT TO DOTs “ROAD DIET” PROPOSAL
IF WE DON’T STOP THE DOT BULLYING NOW, THIS CAN HAPPEN TO OUR ENTIRE NEIGHBORHOOD!
There is yet another FILING REQUIREMENT from NYC: The NYC Storefront Registration Requirement.
Local Law 157 of 2019 required the Department of Finance (DOF) to implement a storefront registry within one year of the effective date of the law (November 21, 2019).
Under the new law, owners of ground-floor or second-floor commercial premises that are visible from the street and accessible to the public directly from the street or from the interior of a building are required to file an annual registration statement providing information about the spaces. The requirement applies to commercial premises that are occupied or used, or could be occupied or used, for the purpose of offering or selling goods at retail. This includes restaurants and service-sector firms operating in storefront spaces.
TAX CLASS TWO AND FOUR PROPERTIES
As required by the local law, DOF will link the submission of storefront information to the Real Property Income & Expense (RPIE) statement that most landlords of tax class two and four income-producing properties with assessed values greater than $40,000 are already required to file with the department by June 1 each year. The registry submissions will begin with the upcoming RPIE filing season, which starts mid-February 2020 and ends June 1, 2020.
In addition to property owner information and basic descriptive information about the premises, tax class two and four owners of storefront spaces are required to provide for each commercial premises information about all occupancies or vacancies that have occurred during the 12 months preceding January 1 of the year in which the storefront registration statement is filed.
The following information is required for leases of commercial premises in storefront spaces:
the start date and expiration or renewal date of each such lease;
whether scheduled rent increases are contained in the lease;
information on lease concessions granted to the lessee, if any;
the average monthly rent per square foot charged for the premises for the 12-month period, excluding any period that the premises was not leased to a tenant; and
the type of economic activity conducted at the premises.
For an owner occupying the commercial premises, the following information is required:
the start date and end date of an owner’s occupancy; and
the type of economic activity conducted at the premises.
For any vacancies at the commercial premises for any time during the 12-month period, the property owner must provide the start and end date of each vacancy, and whether the premises was under construction or alteration during that time, including details about the projects.
For any commercial premises that was not leased to a tenant for the entire 12-month period, whether due to vacancy or owner occupancy, the property owner must provide the monthly rent per square foot paid by the most recent tenant, and, if vacant, whether the premises was under construction or alteration during that time, including details about the projects.
TAX CLASS ONE PROPERTIES
The law requires designated class one property owners to file an annual statement if their ground-floor or second-floor commercial premises was vacant or owner-occupied for any period during the 12 months preceding January 1 of the year in which the storefront registration statement is filed.
Designated class one properties are classified class one pursuant to section 1802 of the real property tax law as of January 1 of the year in which the owner registration statement is filed and located within a commercial district, as established in the New York City Zoning Resolution. Click here for the list of class one properties located within a commercial district.
For each of the ground-floor or second-floor commercial premises that was vacant or owner-occupied for any time period during the 12 months preceding January 1 of the year in which the storefront registration is filed, class one owners will be required to provide property owner information and basic descriptive information about the premises.
If the unit was leased to a tenant for any time in the 3 years before January 1st of the current calendar year, owners must provide the following:
the expiration date of the most recent lease;
the type of economic activity conducted by the most recent tenant;
the monthly rent per square foot under the most recent lease;
whether the premises has undergone construction or alteration during those three years and information on each construction project.
ADDITIONAL REGISTRY INFORMATION
Owners of ground-floor or second-floor commercial premises who meet the registry filing requirements and who fail to file an annual registration statement may be subject to penalties based on the prescribed penalties for failure to file an annual real property income and expense statement. The penalty can be assessed even if a property is not required to file a real property income and expense statement.
An annual fee will be charged for all registry filings to cover the cost of administering the program, except for class one properties or properties owned by not-for-profit organizations that are fully exempt from property taxation under sections 420-a or 420-b of the real property tax law, or properties owned by any federal, state, or local government agency.
Additionally, all class two and four owners of ground-floor or second-floor commercial premises who meet the registry filing requirements must file a supplemental registration to report any vacancies or ownership changes for the period from January 1 through June 30 of the year in which the storefront registration statement is filed. The supplemental registration is not required to be filed by designated class one property owners.
If you are required to register your storefront, visit www.nyc.gov/rpie.
The recent storm caused a great deal of damage in our area. Have you incurred any problems? Let us know. Contact us at throggsneckbid@gmail.com. Also contact us with any other relevant government-services concerns.