New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 66 - Immunizations and Communicable Diseases › Subpart 66-3 › Section 66-3.4 - Business operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 businesses and not-for-profit entities in the state shall utilize, to the
					 maximum extent possible, any telecommuting or work from home procedures that
					 they can safely utilize. Except as may otherwise be permitted by any Executive
					 Order issued pursuant to Executive Law sections 28 and 29-A implementing the
					 phased re-opening of New York businesses and the relaxation of social
					 distancing rules by region, each employer shall reduce the in-person workforce
					 at any work locations by 100 percent, provided that any essential business or
					 entity providing essential services or functions shall not be subject to such
					 in-person restrictions. An entity providing essential services or functions
					 whether to an essential business or a non-essential business shall not be
					 subjected to the in-person work restriction, but may operate at the level
					 necessary to provide such service or function.
(b) Any business not otherwise described
					 herein may be deemed essential after requesting an opinion from the Empire
					 State Development Corporation, which shall review and grant such request,
					 should it determine that it is in the best interest of the state to have the
					 workforce continue at full capacity in order to properly respond to this
					 disaster.
(c) Essential businesses
					 include, but are not limited to, the following: essential health care
					 operations including but not limited to any entity or individual licensed,
					 certified, registered or otherwise approved pursuant to article 5, 28, 30, 35,
					 36 or 40 of the Public Health Law, or article 131, 131-B, 131-C, 137, 139, 140,
					 153, 154, 163, 164 or 165 of the Education Law, and any other research or
					 laboratory services; essential infrastructure including utilities,
					 telecommunication, airports and transportation infrastructure, and hotels and
					 places of accommodation; essential manufacturing, including food processing and
					 pharmaceuticals; essential retail including grocery stores and pharmacies;
					 essential services including trash collection, mail, and shipping services;
					 news media; banks and related financial institutions; providers of basic
					 necessities to economically disadvantaged populations; construction; vendors of
					 essential services necessary to maintain the safety, sanitation and essential
					 operations of residences or other essential businesses; vendors that provide
					 essential services or products, including logistics and technology support,
					 child care and services needed to ensure the continuing operation of government
					 agencies and provide for the health, safety and welfare of the
					 public.
(d) Except as may otherwise
					 be permitted or prohibited by Executive Order issued pursuant to Executive Law
					 section 28 and 29-A, no establishment licensed by the State Liquor Authority
					 (SLA) for on premises consumption of alcoholic beverages, licensed by the SLA
					 pursuant to sections 63 or 79  of the Alcoholic Beverage Control Law, or
					 permitted as a food service establishment pursuant to the State Sanitary Code,
					 shall remain open between the hours of 10:00 p.m. and 5:00 a.m., except for the
					 service of food and non-alcoholic beverages for curbside take out or delivery
					 if otherwise permitted.
(e) Except
					 as may otherwise be permitted by any Executive Order issued pursuant to
					 Executive Law sections 28 and 29-A, all indoor common portions of retail
					 shopping malls with in excess of 100,000 square feet of retail space available
					 for lease shall remain closed. Any stores located within such shopping malls,
					 which have their own external entrances open to the public, separate from the
					 general mall entrance, and which are essential businesses may remain open,
					 provided that any restaurant shall limit itself to take out or delivery food
					 services, and that any interior entrances to common areas of the mall remain
					 closed and locked.
(f) Except as
					 may otherwise be prohibited or permitted by Executive Order issued pursuant to
					 Executive Law section 28 and 29-A, no gym or fitness center shall remain open
					 between the hours of 10:00 p.m. and 5:00 a.m.