DOH Emergency Rule on Masks

The New York State Department of Health has issued an emergency rule, effective July 9, that addresses the enforcement of several “social distancing” measures including an explicit, enforceable requirement on all business owners and operators that reads:

• Business operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section [requiring face-coverings] and shall require or compel such persons’ removal

The rule does specify that any individual violating any provision of this rule is subject to civil penalty up to $1,000 per violation, while businesses are subject to civil penalties specified in statute, up to $2,000 per day of violation.

The Department of Health has not provided any additional guidance into compliance. We expect the State Liquor Authority will enforce compliance with this updated guidance on their visits to licensed premises. We will post any additional guidance from the DOH or the SLA as soon as we receive it.