The New York State Liquor Authority and New York City have issued updated guidance and FAQs to address the new restrictions on indoor dining in New York City. You can find the updated guidance here:

New York State Liquor Authority Guidance on Closing of Indoor Dining in New York City

New York City COVID-19 Dining Update FAQ

Of particular note are two provisions. The SLA has clarified that in spite of indoor dining in New York City being prohibited, it is permissible to allow customers wearing face coverings to enter the premises to use the bathrooms, to pass through to an outdoor dining space, or to pick-up a take-out order. This is only permitted until 1o pm. After 10 pm no patrons may enter the premises for any reason.

The notice also reminds licensees that in order to qualify for outdoor dining at least two sides must be completely open. The many greenhouses, igloos, and similar enclosed structures located outdoors are considered “indoor dining” and cannot be used during the current ban on indoor dining in New York City.

 

Cluster Zone Update

The State Liquor Authority has explained that the policies outlined above for New York City under their current indoor dining ban also apply to any premises located in an orange or red cluster zone where indoor dining is banned in the rest of the State. There are currently six orange micro-cluster zones throughout the State that are not located in New York City. Indoor dining is not permitted in these areas. There are also numerous yellow zones that could slip into orange zones in the near future, depending on the public health metrics the State has established.

You can find the list and maps of the current micro-cluster zones here.

You can find out if your business in located in a micro-cluster hot spot here.