On June 24, 2020, Long Island joined the rest of New York State, with the exception of New York City, in entering Phase 3 of re-opening for business. Those non-essential businesses permitted to re-open and resume in-person operations under Phase 3 must follow the procedures established and comply with the guidelines adopted by New York State to limit the spread of COVID-19.
According to the phased re-opening of New York State, once certain health metrics are met certain industries will be permitted to resume in-person operations, provided those businesses comply with specific guidelines established by New York State, as well as applicable federal and local laws, regulations, and standards. The details for Phases 1, 2, 3 and 4, together with the industry-specific guidelines for re-opening can be found at NY Government Re-Opening. The primary industries eligible to re-open for in-person operations under Phase 3 are restaurants/food services and personal care businesses. The specific guidelines for Phase 3 non-essential businesses to follow upon re-opening can be found at phase 3 industries re-opening. In conjunction with the New York State Department of Health, New York State has established industry-specific public health and safety guidelines which must be adhered to by each non-essential business in order to enter each phase of re-opening. In addition, each business must complete a business safety plan and submit an affirmation online which confirms that the business has reviewed and understands the industry-specific guidelines. The affirmation covering Phase 3 businesses can be found in the link cited above for Phase 3 industries.
Under Phase 3, the Food Services Guidelines for Employers and Employees, which can be found at Food Services Summary Guidelines apply to all restaurants and food services establishments, including food trucks and other food concessions. In Phase 3, such food services establishments may open indoor spaces with seating for customers, provided they comply with the Food Services Guidelines, which address both mandatory requirements and recommended best practices. Those guidelines cover requirements for physical distancing, personal protective equipment, hygiene, cleaning, and disinfection, communication, and screening. In addition, all operators of food service sites are advised to stay up to date with any changes to state and federal requirements related to such establishments and to incorporate those changes into their operations. The guidelines are also not intended to replace any existing applicable local, state, and federal laws, regulations, and standards.
Under Phase 3, personal care services include non-hair related personal care businesses and services, including tattoo and piercing facilities, appearance enhancement practitioners, massage therapy, spas, cosmetology, nail specialty, UV and non-UV tanning, or waxing. The Personal Care Services Guidelines for Employers and Employees can be found at Personal Care Re-Opening . Those guidelines do not apply to any hair-related personal care services (e.g., haircutting, coloring, or styling), which are addressed in their own Hair Salon and Barbershop Guidelines for Employers and Employees at Hair Salons and Barbershops Re-Opening . Included in the guidelines for personal care services are mandatory and recommended best practices covering physical distancing, workplace activity, personal protective equipment, hygiene, cleaning, and disinfection, communication, and screening. As with all other businesses, all personal care businesses are advised to stay up to date with any changes to state and federal requirements related to such establishments and to incorporate those changes into their operations. The guidelines are also not intended to replace any existing applicable local, state, and federal laws, regulations, and standards.
As each phase of re-opening expands the resumption of in-person business operations, it is imperative that each industry-specific public health and safety guidelines adopted by New York State are adhered to by businesses for mandatory and recommended best practices for ensuring both the ability to sustain and maximize the widespread resumption of in-person business activities while minimizing the threat and spread of COVID-19.
If you have any questions regarding the re-opening process and guidelines for your specific business or industry, please feel free to contact any of our attorneys, including our Coronavirus Response Team, at 516-746-8000 or at Jaspan Schlesinger COVID-19 Resource Center.