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
- 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.
- 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.
- Is the seating exclusive to my business and can I serve food?
Yes, seating is exclusive for your business and table service is allowed.
- 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.
- Can I use the seating area for performances or other types of activity?
No. The program is for outdoor dining only at this time.
- 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.
- 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.
- 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.
- Can I use elements besides furniture, barriers, and ramps?
No, not at this time.
- 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.
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- 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.
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