Thursday evening, Governor Cuomo’s office posted Executive Order 202.74, his seventy-seventh Executive Order during the COVID-19 state of emergency. Executive Order 202.74, dated November 12, 2020, modifies or suspends and directs certain actions to address matters related to the COVID-19 crisis. Executive Order 202.74 is effective from November 12, 2020 through December 12, 2020. A copy of Executive Order 202.74 can be found here.
SUSPENSIONS, MODIFICATIONS AND DIRECTIVES
As more fully described below, Executive Order 202.74 announces new restrictions on restaurants, bars, gyms and residential gatherings in New York State due to the rapid increase in COVID-19 cases throughout the state. While the increase in COVID-19 cases had been expected, its recent rise can be attributable to three types of locations – establishments where alcohol is served, gyms and private gatherings. As a result, New York State has determined to take certain aggressive measures to reduce the spread at this juncture. Executive Order 202.74 modifies or suspends and directs the following:
- Executive Order 202.3, as extended, and Sections 105 and 106 of the Alcoholic Beverage Control Law, to the extent necessary to require that:
- All businesses that are licensed by the State Liquor Authority under sections 63 and 79 of the Alcoholic Beverage Control Law (“liquor stores” and “wine stores”) shall cease all off premises sales and close at or before 10:00PM, and shall not reopen before existing county opening hours permit.
- All businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM and shall not reopen before the later of any stipulated opening hours or existing county opening hours permit.
- To-go and delivery service of food, and non-alcoholic beverages only, may continue at such business licensed for on premises service until the earlier of any stipulated closing hours or existing county closing hours permit.
- This provision shall be subject to reasonable limitations and procedures set by the Chairman of the State Liquor Authority and/or any relevant Department of Health guidance.
- All restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, shall cease in-person dining at 10:00PM, but may continue curbside takeout and delivery service after 10:00PM so long as otherwise permitted, and may reopen no earlier than 5:00AM.
- Any gym or fitness center shall cease operation and close to the public at 10:00PM, and cannot reopen until 5:00AM.
- The directive contained in Executive Order 202.45, as extended, which amended the directives in Executive Order 202.42, 202.38, and 202.10, that limited all non-essential gatherings to allow gatherings of 50 of fewer individuals for any lawful purpose or reason, is modified only insofar as to further limit non-essential private residential gatherings to 10 or fewer individuals for any lawful purpose or reason, provided that persons adhere to social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health.
- This modification to 10 or fewer persons is in line with neighboring states including Connecticut, Massachusetts, and Rhode Island.
All suspensions, modifications, and directives issued pursuant to Executive Order 202.74 are effective at 10:00PM on Friday, November 13, 2020.