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Dear Friends,

Happy New Year!

Shortly after midnight on January 1, 2022, Mayor Eric Adams was sworn in as the 110th Mayor of the City of New York. In his first series executive orders, Mayor Adams continued the city’s state of emergency, extended the Key to NYC program, and upheld the employer vaccine mandates. (See details below.)

And on Tuesday, Mayor Adams signed the “Small Business Forward” Executive Order to reform existing business regulations, ensuring local businesses face fewer fines and penalties. The Executive Order builds upon Local Law 80 and calls on the Department of Buildings, Department of Environmental Protection, Department of Sanitation, Fire Department, Department of Consumer and Worker Protection, and the Department of Health and Mental Hygiene to review business regulations with the goal of reducing fine schedules and allowing for cure periods or warnings for first-time violations.

As we transition to a new administration, please be assured that the Mayor’s Office of Media and Entertainment (MOME), along with the rest of City government, continues to do whatever we can to keep our arts, entertainment and nightlife communities informed about the new developments and available resources to support our creative community through these challenging times.

COVID-19 UPDATES

Winter Surge in Cases

COVID-19 cases and hospitalizations are rising in NYC and nationwide, largely due to the spread of the more contagious omicron variant. This winter’s surge impacts us all, including people who are vaccinated and those who were previously infected. Everyone is at risk of infection, but unvaccinated people are significantly more likely to have severe illness from COVID-19, including from omicron. Please review the NYC Health Department’s Winter COVID-19 Surge Guidance for New Yorkers issued on January 5, 2022 for tips on staying safe this season.

Testing

In response to the unprecedented surge of omicron cases and citywide testing demand, the NYC Test & Trace Corps has doubled the number of City-run test sites to over 200 fixed and mobile COVID-19 testing sites currently operating throughout New York City. For a complete, up to date list of City-run testing sites please visit NYC.gov/covidtest.

At-home testing for COVID-19 is available to all immunocompromised New Yorkers and those ages 65 and older. Appointments for at-home testing are available seven days a week, from 9am to 7pm. New Yorkers may schedule an appointment by calling 929-298-9400.

Updated Guidance on Isolation Periods

On December 27, 2021, the U.S. Centers for Disease Control and Prevention (“CDC”) issued updated recommendations for isolation and quarantine for the general population in the form of a press release entitled, CDC Updates and Shortens Recommended Isolation and Quarantine Period for General Population. In subsequent communications, the CDC has indicated that additional guidance is forthcoming related to isolation and quarantine for the general population as well as recommendations for certain special settings, such as schools, higher education, and congregate living settings.

On January 4, 2022, the New York State Department of Health issued interim guidance about quarantine and isolation periods, following the CDC recommendations. The NYS Department of Health notes that the CDC guidance is in flux; accordingly, the State expects to update its guidance. Updates will be posted on the NYS Department of Health website.

For individuals with symptoms of COVID-19 or a positive COVID-19 test:

• Isolate for 5 days, where day 0 is the day of symptom onset or (if asymptomatic) the day of collection of the first positive specimen.

• If asymptomatic at the end of 5 days or if symptoms are resolving, isolation ends, and the individual should wear a well-fitting mask while around others for an additional 5 days.

• Individuals who are moderately-severely immunocompromised should continue to follow standard (i.e., not shortened) Isolation Guidance.

• Individuals who are unable to wear a well-fitting mask for 5 days after a 5-day isolation should also follow standard (i.e., not shortened) Isolation Guidance.

If exposed to COVID-19, quarantine as follows, where day 0 is the last date of exposure:

• If not fully vaccinated or fully vaccinated and eligible for a booster but not yet boosted, quarantine for 5 days and wear a well-fitting mask while around others for an additional 5 days.

• If fully vaccinated and boosted (with the booster at least 2 weeks before the first date of exposure) or not yet eligible for a booster, no quarantine is required but these individuals should wear a well-fitting mask while around others for 10 days after the last date of exposure.

• If possible, test at day 5 with either a nucleic acid amplification test (NAAT, e.g., PCR) or antigen test.

• If symptoms appear, quarantine and seek testing. In this situation, quarantine would end when the test is negative. If testing is not done, isolate according to the guidance above.

Tip: What’s the difference between “isolation” and “quarantine”?

• Isolation separates sick people with a contagious disease from people who are not sick.

• Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick. These people may have been exposed to a disease and do not know it, or they may have the disease but do not show symptoms.

Key to NYC

Under the Key to NYC Program, proof of vaccination is required for indoor dining, indoor fitness, and indoor entertainment and certain meeting spaces. Individuals 12 and older must show proof that they have received two vaccine doses, except for those who have received one dose of the Johnson & Johnson vaccine. Children ages 5 to 11 are required to show proof that they received at least one dose of a vaccine.

Tip: The NYC COVID Safe app (Android/iPhone) has been updated to allow parents to upload their children’s vaccination information on the same account. The app is an excellent resource for patrons visiting from outside of New York State!

Vaccine Requirement for Private Sector Businesses

Employees who work in-person at private sector businesses must have received at least one dose of a COVID-19 vaccine and employers must check for proof. For more information, please visit the NYC Health Department’s webpage and read the summary of the requirements in the flyer for business owners. The following are important links:

• What if a worker says their religion or a medical condition prevents them from getting vaccinated? Read the Guidance and a Checklist for Accommodations for Workers

• Do I have to post something in my workplace? Yes. An employer must post this form in a conspicuous place in their workplace: Affirmation of Compliance with Workplace Vaccination Requirements (If you previously posted a notice per the “Key to NYC” requirements for restaurants, fitness centers, and entertainment venues, you do not need to post the additional form)

• What does the law say? Read the Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination in the Workplace (December 13, 2021)

• How can I avoid discriminating against an employee? Read the Guidance for Employers on Equitable Implementation of COVID-19 Vaccine Requirements

• Where can I find answers to my other questions? Read the Frequently Asked Questions

Non-Resident Performing Artists:

The Commissioner’s Order includes an exemption for non-City residents who are performing artists and individuals who are accompanying such performing artists who are exempt under the Key to NYC Program—such performing artists and individuals are not required to provide proof of vaccination under the Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination in the Workplace (December 13, 2021), but an employer may opt to require them to provide proof of vaccination to keep coworkers safe.

COVID-19 Vaccine Resources

As of January 6, 2021, over 93% of New York City adult residents and over half of children 5 to 17 have received at least one COVID-19 vaccination dose.

People ages 5 and older are eligible for the vaccine. Note, people who are 5 to 17 years old can only receive the Pfizer vaccine. For more information, please read the FAQ about the vaccine and children.

The Vaccine Command Center offers resources and information on how to access vaccines by appointment and at walk-up sites, mobile units, and at home. You can find your nearest COVID-19 vaccine site online or call 844-VAX-4NYC.

COVID-19 vaccine booster shots are now available for all fully vaccinated people ages 12 and older. The NYC Department of Health recommends a booster shot for eligible individuals who received the second dose of the Pfizer or Moderna vaccine at least six months ago, or one dose of the Johnson & Johnson vaccine at least two months ago.

Your booster shot can be any of the three authorized or approved vaccines. If you are not sure whether to get a booster shot or which type of vaccine you should get for your booster, talk to your health care provider. Please read this FAQ about booster shot recommendations.

People who are moderately to severely immunocompromised are eligible for a third dose of the vaccine, as part of their initial vaccination series.

Reminder: Labor Law section 196-b allows employees to use sick leave for the recovery of any side effects of the COVID-19 vaccination and section 197-c allows leave to receive vaccinations.

Mask Guidance

By order of the NYS Department of Health, masks must be worn in all indoor public places unless the business or venue has implemented a requirement that all individuals be fully vaccinated. “Fully vaccinated” means 14 days past an individual's last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). The State also accepts WHO-approved vaccines for these purposes. Please refer to the State’s Frequently Asked Questions and posters for businesses for more information.

Businesses and venues may opt to require both masking and proof of vaccination. NYC Department of Health Commissioner Chokshi issued an advisory to strongly encourage all individuals, regardless of vaccination status, to wear a mask when indoors and in a public setting in New York City. The advisory applies to individuals over the age of two years who are able to medically tolerate wearing a mask. The advisory does not apply in cases where an individual is actively performing an activity that cannot be done while wearing a face covering such as actively eating or drinking or performing, including playing music, delivering a speech, and acting in a theater.

Remember: Masks are required on public transit and at indoor train stations, regardless of vaccination status. And New York State mandates universal mask requirements at NYS-regulated child care facilities, residential congregate programs, and certain other NYS-licensed or NYS-regulated facilities.

Travel

The NYC Department of Health recommends that everyone who is traveling should get tested before they leave New York City and before they return home. The CDC advises: Do not travel if you are sick or while you are waiting for the result of a COVID-19 test. Do not travel internationally until you are fully vaccinated.

In light of the Omicron coronavirus variant, the federal government is prohibiting entry of certain travelers into the United States, with some exceptions. All international air travelers (regardless of vaccination status) must provide a negative COVID-19 test taken within 1 day of arrival in the U.S. For guidance about traveling to the United States from a foreign country by airplane, refer to this helpful flow-chart from the CDC. For guidance about traveling to the United States from a foreign country by land or ferry, see the Department of Homeland Security’s guidance and FAQ. The CDC advises that individuals should avoid traveling on cruise ships, including river cruises, worldwide, regardless of vaccination status, especially travelers who are at increased risk of severe illness.

All travelers, domestic and international, should continue to follow all CDC travel requirements. More information about international travel requirements is available on the State Department’s website.

Airborne Infectious Disease Prevention Plan

New York State requires all employers to implement an Airborne Infectious Disease Prevention Plan. Employers can find the regulation with requirements for the plan and anti-retaliation requirements and templates for the plans in English and Spanish on the NYS Department of Labor website (under Resources, near the bottom of the webpage). This plan is different than the Key to NYC implementation plan, so be sure to review the NYS DOL guidance carefully.

RESOURCES

NYC Small Business Services

The NYC Small Business Resilience grant program provides immediate funding to small businesses in the arts, entertainment, recreation, accommodation, and food sectors and in low to moderate income (LMI) communities to help them recover from the pandemic. The program is designed to reach the communities and sectors hardest hit by COVID. Eligible businesses can apply now to receive a $10,000 grant, which can be used for payroll and benefits, mortgage, rent, utilities, and other operating costs. Businesses can learn more about the NYC Small Business Resilience Grant at covidresilience.nyc.

NYC Business Quick Start provides small businesses a sole point of contact to help navigate City regulations, guarantees a 48-hour response to all small business inquiries and will cut processing time by 50 percent. The program is a collaboration between several key agencies including SBS, Department of Buildings (DOB), Department of Environmental Protection (DEP), Department of Health and Mental Hygiene (DOHMH), and the New York City Fire Department (FDNY). For more information, visit the NYC Business Quick Start website or call 888-SBS-4NYC (888-727-4692).

Arts and Entertainment

MOME and the NYC Department of Cultural Affairs have partnered with the Mayor’s Office of Community Mental Health to offer mental health resources for creative workers, including a list of resources for performing arts professionals and a webinar on “Promoting Mental Health for Creative Workers” featuring a discussion on mental health resources for NYC creatives. A recording of the program is available on YouTube.

Applications for New York State Council for the Arts (NYSCA) Capital Funding for the Arts program

are due on January 14, 2022

. Application Instructions, Guidelines and an FAQ for the Capital Funding for the Arts program are available on-line. Support in this round will assist organizations facing health and safety issues in their spaces and venues, among other needs. Facilities program and capital support will be available in this round. Any New York State nonprofit arts and culture organization is encouraged to apply.

Media Production

Productions in NYC (and all other private employers) must follow the City’s new vaccination requirement starting on December 27. MOME will not require proof of compliance to receive a film permit, but film permittees are subject to inspection for compliance like any other business. To assist productions with promoting COVID-safe protocols on set, MOME has available for download production-specific educational posters. We will be updating the guidance on our film permit webpage in the coming days.

Note: The Film Office is currently closed to walk-in visitors. If you need assistance, please call (212) 489-6710.

Nightlife

In her State of the State address on January 5, 2022, Governor Kathy Hochul announced the State’s plans to permanently allow the sale of to-go cocktails by State Liquor Authority licensed establishments. As we learn more details this change, including when it will go into effect, we will let you know.

On December 22, 2021, Governor Hochul signed a new law allowing the State Liquor Authority to issue temporary retail permits to bars and restaurants opening in New York City, putting these businesses on the same footing as businesses in the rest of the state.

NYC Department of Transportation (DOT) is conducting a public survey to inform the future design rules for the permanent Open Restaurants program. DOT and Department of City Planning (DCP) will host a series of virtual roundtables that are open to the public, where any New Yorker can share their thoughts on the permanent Open Restaurants program. NYC DOT and DCP are rescheduling these meetings for February 2022.

Reminder: Propane heaters are no longer allowed in Open Restaurants. Electric radiant heaters are allowed on both sidewalk and roadway. Natural gas radiant heaters are allowed on the sidewalk only.

MEND NYC Mediation & Conflict Resolution Program provides free mediation and conflict resolution services to address neighborhood disputes. A collaboration between the Office of Nightlife and the Office of Administrative Trials and Hearings' Center for Creative Conflict Resolution (CCCR), the program is an opportunity to create direct communication and compromise, establishing respectful and ongoing relationships that help New Yorkers co-exist peacefully in their communities while ensuring that small businesses thrive.

The Office of Nightlife in partnership with the NYC Department of Health promotes a harm reduction approach to substance use, bringing life-saving opioid overdose prevention tools and resources to the nightlife and hospitality community through education and FREE naloxone and fentanyl test strip trainings, that can teach venue owners and workers to become a Certified Opioid Overdose Responder and receive Overdose Rescue Kits with naloxone--a medication that can help SAVE A LIFE by reversing the effects of an opioid overdose. To learn about NARCAN training or other harm reduction methods, visit the Office of Nightlife webpage.

Elevate Nightlife is a program of the Office of Nightlife, in partnership with the Mayor’s Office of Community Mental Health and Backline, to connect the nightlife community directly with mental health resources and services. As part of the Elevate Nightlife Mental Health Initiative, people who work in the nightlife industry in New York City can participate in a free and confidential weekly mental health support group moderated by a Backline Care licensed therapists, every Monday at 4pm.

STATE ASSISTANCE

In her historic State of the State address, Governor Hochul announced the state’s billion-dollar plan to assist small businesses including tax credits, grants, and loans, which you can read more about on pages 113-115 of the 2022 State of the State book. In addition, the State plans to provide $100 million in tax relief for 195,000 small businesses through increasing a tax return adjustment to reduce small businesses’ gross business income.

On December 14, Governor Hochul announced $100 million in rent supplements for struggling New Yorkers. We will provide more information about how to apply when details are announced.

A moratorium on COVID-related residential and commercial evictions for New York State is in effect until January 15, 2022. Under the new law, all protections of the Tenant Safe Harbor Act for residential tenants who are suffering financial hardship as a result of the pandemic will remain in place, along with new protections on commercial evictions. You can read the new law on the New York State Senate’s website.

Note: There are additional eviction protections available to NYC Tenants. Up-to-date information and resources are available on NYC’s 311 portal and NYC Human Resources website for renters at risk of eviction or entering shelter.

The State will accept applications for the Homeowner Assistance Fund beginning Monday, January 3, 2022. The program will provide up to $539 million to help eligible homeowners avert mortgage delinquency, default, foreclosure, and displacement. Visit the State Homeowner Assistance Fund’s webpage to register for emails and find more information.

NYC homeowners at risk of being displaced from their communities can get help from the expanded Homeowner Help Desk. You can call 1-855-HOME-456 or stop by a Help Desk event. Support includes helping homeowners resolve housing challenges due to COVID-19, managing a home as a small landlord, understanding a home’s flood risk, and more.

FEDERAL ASSISTANCE

As of January 1, 2022, the U.S. Small Business Administration is not accepting applications for new COVID EIDL loans or advances. The SBA will accept and review reconsideration and appeal requests for COVID EIDL applications received on or before December 31 if the reconsideration/appeal is received within the timeframes in the regulation. Borrowers can request increases up to their maximum eligible loan amount for up to two years after their loan origination date, or until the funds are exhausted, whichever is soonest. For more information, visit the SBA website.

Borrowers may be eligible for Paycheck Protection Program (PPP) loan forgiveness. The SBA launched a streamlined application portal to allow borrowers with Paycheck Protection Program (PPP) loans $150,000 or less through participating lenders to apply for forgiveness directly through the SBA. The new forgiveness platform will begin accepting applications from borrowers on August 4, 2021. Information about PPP loan forgiveness is available on SBA’s website.

Roughly 850 NYC-based applicants received Shuttered Venue Operator Grants (SVOG) according to the SBA’s September 20, 2021 report. New York State applicants have received a combined total of $1,998,004,893 as of January 3, 2022. For more information, visit the SBA website. Note: On December 5, the SBA emailed important information about deadlines and opportunities to SVOG funding recipients. Specifically, recipients should have received information about “Reconsideration 2.0” invitations, and actions awardees that did not receive Supplemental Awards can take to provide additional information to the SBA about eligibility.

The American Rescue Plan extends a number of critical tax benefits, particularly the Employee Retention Credit and Paid Leave Credit, to small businesses. Find out more on the U.S. Department of the Treasury’s website.

The arts, entertainment, and hospitality industries were hit hard by the pandemic, with high unemployment rates. Many workers are experiencing housing insecurity and challenges with rent and mortgages. Please visit the federal Consumer Finance Protection Bureau’s webpage to find help, whether you are a renter, homeowner, or landlord.

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For the latest updates, sign up for MOME’s newsletter, follow our social media channels on Twitter, Facebook and Instagram, or visit our website at www.nyc.gov/mome.

Please note that MOME’s offices will be closed on Friday, December 24 and Friday, December 31 in observance of the Christmas and New Year’s holidays.

On behalf of the team at MOME, I wish you and yours peace and light this holiday season.

Stay safe and stay NYC strong,

Anne del Castillo

Commissioner

Mayor's Office of Media and Entertainment

www.nyc.gov/mome

@NYCMOMECommish

Mayor's Office of Media and Entertainment

nyc.gov/mome

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