Local Health Department Notice
The operator must notify the local health department of the Event at least 5 days in advance of the Event if the Event will have more guests than the State’s maximum social gathering limit (currently 50 people). Areas that are designated as “Cluster Zones” may have lower gathering limits. The Notice must include specific detailed information about the Event, including the expected number of attendees and a description of the location of the Event on the operator’s premises.
Guest Capacity
Event capacity must be limited to the lesser of 50% for a particular area as set by the certificate of occupancy, or 150 people (excluding employees and event staff). All Event attendees must be confirmed in advance (e.g., via a guest list) to ensure compliance with capacity limitations. Multiple Events may occur simultaneously at the same venue, provided that (a) each Event is separate and distinguishable, (b) they are held in different areas of the premises, and (c) guests from separate Events do not use the same entrances/exits at the same time or interact or come into contact with each other, with limited exceptions such as when using restrooms.
Guest Testing & Tracing
Before or upon arrival to the Event, each guest must provide proof of a negative COVID-19 diagnostic test result. Alternatively, guests may provide proof that they are fully vaccinated – i.e., received the second dose of a two-shot COVID-19 vaccine or a shot of a one-dose COVID-19 vaccine at least 14 days prior to the date of the Event. Guests who fail to provide proof of a negative COVID-19 test or proof of vaccination must be denied entry to the Event.
Each guest must also provide personal contact information before or immediately upon arrival to the Event to assist in contact tracing.
Health Screening
Pre-Event health screenings are mandated for employees, event staff, and attendees. All employees, event staff and guests must be questioned about current or recent COVID-19 symptoms or positive test results, recent close or proximate contact with confirmed or suspected COVID-19 and their recent travel outside of New York.
During the Event
Social distancing must be maintained throughout the Event except for members of the same immediate party. All guests, employees and event staff must wear face coverings at all times, except when seated at an assigned table to eat or drink, or temporarily when presenting/speaking at the Event provided that 12 feet of distance from guests is maintained during that time.
All attendees must be assigned to a table or area, and preferably should be seated at a table or area with members of their same immediate party/household/family. Attendees should only be standing when necessary or when essential to the Event. Standing cocktail receptions are permitted, provided that guests only remove their face coverings when consuming food or beverages while seated.
Live music and entertainment (e.g., a DJ) are permitted provided there is either 12 feet of distance or appropriate physical barriers between the entertainers and the guests. Dancing is also permitted, but guests may only dance with members of their same immediate party, and only in designated and clearly marked assigned dancing zones.
Mandatory Testing of Employees and Event Staff
Employees and event staff must be tested prior to their first Event, and must be tested biweekly thereafter for as long as they are working Events and interacting in close contact with attendees.
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As noted above, the foregoing highlights the primary requirements for Events. Operators are encouraged to carefully review the detailed requirements and guidelines in the Interim Guidance and to consult with legal counsel as necessary if they are unclear about their obligations.
If you have questions or would like additional information, please contact our Labor & Employment Law Practice Group Leader Amanda M. Fugazy ([email protected]) or the primary EGS attorney with whom you work.
