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Ex. NY-028 Order Primary source read

Executive Order No. 202.38

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

Governor Andrew M. Cuomo · New York (State)

The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
Executive Law 29-a; Alcoholic Beverage Control Law
Issued
2020-06-06 June 6, 2020
Effective
2020-06-06; continues the emergency and directives to July 6, 2020 (read as 2020-06-06)
End
Worship cap raised by later orders (EO 202.68 zones; EO 202.108 removed percentage caps May 19, 2021); outdoor dining and SLA premises expansion continued to June 25, 2021 (read as 2021-05-19)
In force
June 6, 2020 to May 19, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Emergency declarationCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rules
Addressees
  • restaurants and bars
  • houses of worship in Phase Two regions
  • commercial building and retail store operators
  • State Liquor Authority licensees
Functions reached
  • DR dining (outdoor only)
  • BA bar
  • WS worship (25 percent)
  • SF admission screening
  • CB
Collection
New York NY

Operative words

The directive contained in Executive Order 202.3, as extended, that required any restaurant or bar to cease serving patrons food or beverage on-premises, is hereby modified to the extent necessary to allow a restaurant or bar to serve patrons food or beverage on-premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance... to permit any non-essential gatherings for houses of worship at no greater than 25% of the indoor capacity of such location, provided it is in a geographic area in Phase 2 of re-opening... Operators... shall have the discretion to require individuals to undergo temperature checks prior to being allowed admittance

Enforcement

EO 202.11 and 202.14; SLA license conditions

Notes

Authorized restaurants and bars to expand licensed premises onto contiguous public and private space subject to SLA and municipal approval