Category: Important Announcements

Beginning July 8, 2020, construction sites that do not follow COVID-19 safety guidance by failing to have a Safety Plan and/or affirmation posted conspicuously and available for inspection or failing to have at least one hand washing or hand sanitizing facility will be issued a Stop Work Order (SWO). A portal will be available in DOB NOW: Safety to submit SWO Rescind Requests. 

SWO Rescind Requests 

To rescind a COVID-19 safety guidance SWO, the applicant of the permit associated with the complaint number uses an eFiling account to login at www.nyc.gov/dobnow. The eFiling account must be associated with the license/tracking number of the permit holder. Visit www.nyc.gov/dobnowtips if you need to create an eFiling account. 

Once logged in, select the Safety portal and then Violations. From the Violations dashboard select +SWO Rescind Request. Search for the complaint number by the property address or BIN number. Only COVID-19 safety guidance SWOs will be found in this portal. For any other SWO, search the Buildings Information System (BIS) and contact the issuing unit with rescission requests. 

Once the complaint number is selected, +Add it to the request. Only one complaint can be submitted per SWO rescind request application. On the General Information tab indicate that the violating condition(s) has been corrected. The requestor information will be pre-populated with the eFiling account information of the person logged in. Select Save to upload supporting documents showing the condition(s) was corrected in the Documents section. Then complete the Statements & Signature section. Select Save again so that the Submit button can be selected. 

Once the request is submitted, the SWO will be rescinded and a confirmation email will be sent to the permit holder. The status will be updated in BIS and the permit holder should remove the paper SWO from the site. 

Subsequent SWOs for Non-Compliance with COVID-19 Safety Guidance If another SWO is issued, a new rescind request can be submitted in DOB NOW: Safety once the condition(s) has been corrected. The submission will be reviewed by DOB staff and cannot be professionally certified. 

OATH Summonses Related to COVID-19 Safety Guidance SWOs In addition to a SWO, OATH summonses issued will carry an initial penalty of $5,000. Continued noncompliance may result in additional summonses with accompanying civil penalties of up to $10,000 for each offense. Rescission of the SWO does not resolve the OATH Summons that relates to the SWO. A Certificate of Correction request must be submitted to the Department’s Administrative Enforcement Unit (AEU) to resolve the OATH summons. For forms and information about resolving an OATH summons or certifying correction, visit www.nyc.gov/aeu or call (212) 393-2405. 

JULY 8 IS NYC’S “GET TESTED DAY OF ACTION” STOP THE SPREAD OF COVID-19 

The goal is getting 175,000 New Yorkers tested for COVID-19 in a week! 

Getting tested for COVID-19 is one of the best ways to help Stop the Spread and protect our loved ones. That’s why Wednesday, July 8th, we’re is #FightCOVIDNYC Day of Action! 

Getting tested is safe, confidential and free. All New Yorkers should get tested, even if they do not have symptoms, to help protect our loved ones. Until we have a vaccine, making sure everyone gets tested and safely separates if they test positive is the best way to protect others and help reopen our economy. 

Immigration status will NOT be requested for testing.

New Yorkers who test positive for COVID-19 will receive a call from the Test & Trace Corps to make sure that they receive care, and can safely separate to prevent the spread. Be sure to answer any calls from NYC Test+Trace or (212) numbers to get free resources and support. 

There is a great deal to cover this week! Here is the latest from NYC:

PHASE THREE ANNOUNCEMENT

NYC is on track to enter Phase Three on Monday, July 6. In this phase, both Personal Care businesses are allowed to reopen and food establishments are allowed to offer indoor dining. Indoor capacity is limited to no more than 50 percent of the maximum occupancy for the particular area, not including employees.  

Personal Care services include: 

• Tattoo and piercing facilities 
• Appearance enhancement practitioners 
• Massage therapy 
• Spas 
• Cosmetology 
• Nail specialty 
• Ultraviolet (UV) and non-UV tanning or waxing 

Find guidance for Personal Care go to

https://www1.nyc.gov/assets/coronavirus/downloads/phase3/personal-care-services.pdf

 For  guidance for Indoor Dining .go to

https://www1.nyc.gov/assets/coronavirus/downloads/phase3/indoor-dining.pdf

Have any questions about reopening? Call  888-SBS4NYC or visit nycsmallbizcourses.eventbrite.com to see a full list of upcoming webinars and workshops offered at no cost  

INFORMATION SOURCES FOR CONSUMER

AND WORKER PROTECTION

Get DCWP Alerts and Information During COVID-19 Crisis: For the latest information to all of our COVID-19 resources listed below and in additional languages, please visit: nyc.gov/DCWPAlerts

NYC Means Business: Reopen & Stay Safe at Work: Beginning Monday, June 22, 2020, as part of Phase 2, certain businesses can reopen in New York City. Learn more about important guidelines and requirements here:  www.nyc.gov/businesstoolbox

Sidewalk Cafes: Per the Mayor’s Executive Order, certain laws and rules relating to sidewalk cafés have been suspended to administer the Open Restaurants Program. Restaurants must seek permission through this program to place outdoor seating in front of their establishment on the sidewalk, including restaurants that have been licensed for unenclosed sidewalk cafés and small sidewalk cafés. Learn more at nyc.gov/openrestaurants.

DCWP Services Available Online: To help customers follow the City’s guidance to stay home as much as possible and practice social (physical) distancing to stop the spread of coronavirus (COVID-19), the NYC Department of Consumer and Worker Protection (DCWP) will not accept in-person visits.  Learn more here: https://www1.nyc.gov/assets/dca/downloads/pdf/media/DCWP-ServicesAvailableOnlineOnly.pdf

License extensions and renewals: A COVID-19 Relief Package, signed into law by the Mayor, extends the license expiration dates and renewal application deadlines covered by Emergency Executive Orders (EEO) 107 and 110. In general, the extension applies to licenses with expiration dates on or after March 12, 2020, when the Mayor first declared a state of emergency.

NEW Renewal Application Deadlines are calculated from when EEO 110 expires.  Learn more: https://www1.nyc.gov/assets/dca/downloads/pdf/businesses/Does-Your-Consumer-Affairs-License-Expire-February-through-June-2020.pdf

Price Gouging: Your business cannot excessively increase the price you charge customers for any personal or household goods or any service that is needed to prevent or limit the spread of or treat the new coronavirus (COVID-19).  Learn More: https://www1.nyc.gov/site/dca/media/Face-Masks-in-Short-Supply-Due-to-COVID-19.page

Workplace Laws: NYC Workplace laws are still in effect.  Learn more about employee rights and employer responsibilities here: https://www1.nyc.gov/assets/dca/downloads/pdf/workers/Complying-with-NYC-Workplace-Laws-During-COVID-19.pdf

NYC Financial Empowerment Centers: For the health and safety of our providers and clients, all Financial Counseling sessions will be conducted over the phone. NYC Financial Empowerment Counselors offer free financial counseling to help you manage your money well at home and keep your personal and business finances separate. Our counselors can help New Yorkers manage their bills amidst the coronavirus crisis, understand student loans, and more. Book an appointment at www.nyc.gov/talkmoney

OPEN RESTAURANT ROADWAY REQUIREMENTS UPDATE

The Open Restaurant roadway requirements have been updated.  

Notable Changes:

•             All roadway seating must now have min 18” wide contiguous barriers (planters or something of similar weight) on all 3 sides, regardless of number of travel lanes.

•             All barriers must have retroreflective tape or reflectors.

•             We are allowing platform decks in roadway w/ clarity that they must be moved for utility access, etc…

•             We are allowing umbrellas w/ weighted bottoms in both roadway and sidewalk areas but they may not extend past the barrier or obstruct access to or ventilation of utility covers

1. Who is eligible to apply to Open Restaurants?

Any food service establishment licensed by the NYC Department of Health and Mental Hygiene (DOHMH) which has business frontage on the ground floor.

• When can my Establishment begin using outdoor dining?

As soon as Phase Two begins in NYC, outdoor dining will be legal, provided that restaurants follow the guidelines set by NY State and DOHMH. Establishments seeking to utilize additional public sidewalk or roadway space for outdoor dining operations must apply online at nyc.gov/openrestaurants and may commence upon self-certification.

• I already have outdoor dining space, do I need to apply?

Types of outdoor dining which do not require NYC DOT approvals (but may require State Liquor Authority approvals) include:

• Restaurants utilizing any privately owned outdoor space, such as front yards, side yards, rear yards or courtyards
  • Restaurants utilizing private parking lots
  • Restaurants utilizing balconies, terraces, or open air rooftop space
  • Restaurants on open air boats
• I currently have an enclosed sidewalk cafe permit. Am I permitted to seat guests within the enclosed sidewalk café next to open windows?

No. Under NY State Phase Two Restaurant Guidance, only restaurants with “outdoor space” may reopen during Phase Two. “Outdoor space” is defined as an open air space without a fixed roof (besides a temporary or seasonal awning or cover). An enclosed cafe with a permanent roof would not meet the definition.

• My establishment is in a residential district, special district, or historic district where sidewalk cafes are not typically allowed, can I still apply?

Yes, you can apply. See terms and conditions in the Open Restaurant application for further details.

• Can I apply if I’m on an Open Street?

Yes, establishments that are currently on an Open Streets may apply for sidewalk and/or roadway seating. To view all Open Street locations visit nyc.gov/openstreets

• Is there a fee to apply to Open Restaurants?

The City does not charge any fees to apply to the program.

• Do I need insurance?

Yes, the City recommends you consult your insurance broker to make sure you have the appropriate coverage for the additional seating areas.

• What are the daily hours of operation?

Open Restaurant seating may be in use:

• Monday-Saturday: 8am-11pm
  • Sunday: 10am-11pm
• What is the duration of Open Restaurants?

Roadway seating will last through September 8, 2020. Sidewalk seating will last through October 31, 2020.

1. Can my barriers and furniture remain in the roadway when I’m not in operation?

Yes, except when the curb lane functions part-time as a moving lane, roadway seating area may be closed to vehicles and barriers, and may remain in place 24/7 for the duration of the program. Tables and chairs must be removed or secured in place when not in use. For part-time moving lanes, all barriers and furniture must be removed during the period the curb lane functions as a moving lane.

1. Is the seating exclusive to my business and can I serve food?

Yes, seating is exclusive for your business and table service is allowed.

1. Can I serve alcoholic beverages in the outdoor dining area?

Yes, if you are licensed by the State Liquor Authority and submit all appropriate documents.

1. Can I use the seating area for performances or other types of activity?

No. The program is for outdoor dining only at this time.

1. Are street vendors allowed to use the curb lane or sidewalk?

Yes, as long as they comply with all applicable vending laws and rules, and all health guidance.

1. Is Open Restaurant Seating ADA accessible?

Yes, the City requires all Open Restaurant seating to be ADA compliant. Visit MOPD’s Small Business Resources page for guidance.

1. How does the Alternate Side Parking (“ASP”) regulation impact seating in the roadway and what do I do if there are utility covers in the seating area?

ASP spaces are available for Open Restaurant use, provided all other requirements are met. By participating in the program, you are taking responsibility for maintaining the cleanliness of the roadway curb space in front of your business. Curbside drainage and access to and ventilation of utility covers must not be impeded, and at all times, the seating area must be in a clean, neat and safe condition.

1. Can I use elements besides furniture, barriers, and ramps?

No, not at this time.

1. There is not much space in front of my building, and the owner of the building next door is willing to let me use their space for tables. May I add tables and extend into their property?

No. At this time, only the frontage in front a restaurant is being made available. As the program is monitored over the next several weeks, additional space opportunities may become available.

• Can I use the plaza in front of my business?

Restaurants can work with their local BID and NYC DOT to request additional seating in plazas by emailing Plazas@dot.nyc.gov.

• Can I apply for roadway seating if there is a bus stop or bike lane in front of my business?

Yes, you may apply. However, roadway seating may not be placed in a bus stop, bus lane, bike lane, taxi stand, Car Share parking space, or vehicular moving lane. Roadway seating may be set up in a floating parking lane in front of an approved business per the diagram below.

…

• What if something is already installed on the sidewalk and/or curb lane in front of my establishment, such as a bike corral or Citi Bike station?

The City will not remove nor relocate street furniture.

• Can I add lighting to seating areas?

Yes, provided lighting is not blinding to passing traffic and complies with NYC Fire Department Open Flame and other applicable Fire Codes. Restaurants many not run power cords or other items across the sidewalk to the roadway seating.

.  

Governor Cuomo has amended Executive Order 202.43 to include updated guidance for food and beverage establishments effective immediately.  Under this Executive Order, businesses selling or serving alcohol to be consumed at the business or elsewhere must ensure that everyone within 100 feet of their business is: 

• In compliance with open-container, social-distancing, and face-covering rules; and 
• Following all existing rules, regulations, and laws. 

Businesses that cannot follow these guidelines must stop selling alcohol until they can.  Violations could result in having a license suspended or revoked, with fines up to $10,000 per violation.  
Patrons can also be fined for breaking open container or social distancing rules. 

To help small businesses deal with the impact of COVID-19, the City has launched the Employee Retention Grant Program to help retain employees as businesses face decreased revenue. This program is available to New York City businesses with one to four employees that can demonstrate at least a 25% decrease in revenue as a result of COVID-19. Eligible businesses will receive a grant covering up to 40% of their payroll for two months. Businesses can access up to $27,000.

Who Can Apply?

Businesses, including non-profits, must:

• Be located within the five boroughs of New York City
• Demonstrate that the COVID-19 outbreak caused at least a 25% decrease in revenue
• Employ 1-4 employees in total across all locations
• Have been in operation for at least 6 months
• Have no outstanding tax liens or legal judgements

Revenue Loss

To calculate the revenue impact of COVID-19, we will compare average revenue for two months in 2020 (after the COVID-19 impact) to both:

• average revenue for the same two month period in 2019, and
• average monthly revenue based on total 2019 revenue.

We will check to see if either calculation shows at least a 25% decrease in revenue

Supporting Documents

To verify the loss of revenue, you will need to upload:

• Financial documents for two months in 2020 demonstrating revenue decrease due to COVID-19
• Financial documents showing your revenue for the same two months in 2019 (unless you were not in business at that time)
• Financial documents showing your revenue for the full 2019 calendar year

Financial documents can include: point-of-sales reports, bank statements, quarterly sales tax filings, 2019 tax returns, or CPA-certified profit & loss statements.

To determine your grant amount, you will need to upload:

• Your most recent two months of payroll records

To process your grant, you will need to upload:

• A signed Participation Affidavit verifying that you are eligible for the program and that you are applying in order to retain your employees  
• Your bank account information

How to Apply

You can apply for the program by following the steps below:

1. Review our program guidelines and determine if your business is eligible.
2. Gather the appropriate documents.
3. Visit SBS Connect and log in to your account to begin your application.

What employers must do 

BEFORE YOU REOPEN 

Review ALL guidance specific 

☐Visit forward.ny.gov and read all of the New York State guidelines for your industry. 

to your industry on forward.ny.gov. 

_☐Fill out the affirmation form at 

forms.ny.gov/s3/ny-forward-affirmation 

The information in this document is not exhaustive – your _☐ 

Develop a safety plan (template available at forward.ny.gov) and post it at your worksite where workers can see it. 

business is subject to requirements that are not on this one-pager. 

What employers must do and workers should expect 

WHEN BUSINESS REOPENS 

Conduct an employee health screening every day. Workers should stay home if sick or go home if they become sick at work. 

Give workers free face coverings and provide replacements. Workers must stay at least 6 feet from others and wear a face covering or mask if they are less than 6 feet from others. 

Provide and maintain hand hygiene stations for personnel, including handwashing with 

EMPLOYERS soap, water, and paper towels, as well as an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible. 

Regularly clean shared equipment and 

WORKERS frequently touched surfaces. 

Post signs and put tape or other markers to show people where to stand. 

These requirements are to protect everyone — employers, workers, customers — from COVID-19. 

For the latest updates, visit nyc.gov/coronavirus. 

For more information, call 888-SBS4NYC (727-4692) or visit nyc.gov/business. 

For more information, call 311 and ask for the Worker Protection Hotline or visit nyc.gov/workers.