City Enters Phase 2 of Reopening Plan

City Enters Phase 2 of Reopening Plan

Photo Courtesy of the Office of the Governor

State Department of Health Commissioner Howard Zucker, M.D.

By Michael V. Cusenza

The five boroughs on Monday kicked off Phase 2 of the of the State’s reopening plan.

“I am so incredibly proud of what we all did together and as a community. We reopened the economy and saved lives, because it was never a choice between one or the other, it was always right to do both. We showed that works in New York,” Gov. Andrew Cuomo said.

Pursuant to the governor’s executive orders, the following businesses remain closed:

  • Malls: specifically, any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space available for lease must remain closed to the public; however, any stores without their own external entrance(s) may operate via curbside pickup in Phase 1 and 2 providing purchased items to customers at or near the general mall entrance and any stores with their own external entrance(s) separate from the general mall entrance (e.g. strip malls, anchor tenants), may open for curbside and in-store pickup in Phase 1 and all in-store retail activities in Phase 2;
  • Indoor on-premise restaurant and bar service, excluding take-out or delivery for off-premise consumption in Phase 1 and outdoor on-premise restaurant and bar service in Phase 2;
  • Large gathering/event venues, including but not limited to establishments that host concerts, conferences, or other in-person performances or presentations in front of an in-person audience;
  • Gyms, fitness centers, and exercise classes, except for remote or streaming services;
  • Video lottery and casino gaming facilities;
  • Movie theaters, except drive-ins; and
  • Places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions.

Additionally, Mayor Bill de Blasio on Thursday announced guidance for the City’s Open Restaurants program, which allows qualifying restaurants and bars to expand outdoor seating on sidewalks, curb lanes, backyards, patios, plazas, and Open Streets as New York City begins Phase 2 of reopening.

Rules for compliance include:

  • Outdoor seating on sidewalks may not exceed the business’ frontage width.
  • Seating cannot extend past the eight feet depth of the curb lane, and it cannot block: bus stops; No Standing/No Stopping Anytime zones; doorways; FDNY access (e.g. within 15 feet of a fire hydrant)
  • There must be an eight-foot clear path free of obstructions between the seating and the curb.
  • Social distancing, hygiene and other health guidance must be followed.
  • Restaurants must provide their own tables, chairs and traffic barriers.
  • Restaurants must adhere to all local, state and federal requirements relating to accessibility for people with disabilities, including path of travel, minimum table heights, and clearance requirements.

Hizzoner noted that customers are not permitted to gather outside of establishments. Businesses that repeatedly fail to comply will have their Open Restaurant authorization revoked by the Department of Transportation, and will be referred to the State Liquor Authority.


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