October 26, 2021

Volume XI, Number 299


October 25, 2021

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New York City Vaccine Mandate for Certain Indoor Activities

In early August 2021, New York City Mayor Bill de Blasio announced the Key to NYC, which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such establishments must also be vaccinated. There is no exception to this vaccination mandate, such as having the option to regularly provide negative COVID-19 test results.

Critical Aspects of the “Key to NYC”

  • Businesses must check the vaccine status of those aged 12 and over and may not permit entry to the unvaccinated.

  • Customers may be allowed entrance to engage in any activity that should reasonably be expected to take fewer than 10 minutes (e.g., to use the bathroom).

  • Businesses must place a City-issued poster in a place that is clearly visible to patrons and have a written plan for implementation of the vaccine policy available for inspection upon request.

  • If they so choose, these establishments may keep a record of people who have shown their vaccination status previously, so that it need not be shown on every occasion (e.g., fitness clubs).

  • Proof of vaccination may be provided using the New York State Excelsior Pass, the New York City COVID Safe Application, a NYC Vaccination Record, a CDC Vaccination Card (or a photo of the Card), or an official immunization record from outside of New York or the United States.

It’s important to note that the mandate’s vaccine dosage requirement does not mirror CDC guidelines for who is considered “fully vaccinated.” Although the CDC asserts a person is not “fully vaccinated” until two weeks after the final dose of the vaccine (second shot for Pfizer/Moderna, single shot for J&J), entry is permitted to NYC venues covered by this mandate with only one dose and no waiting period.

We also note that the Mayor’s Counsel’s Office has issued an FAQ covering several questions raised by hospitality and entertainment venues after this mandate was first announced.

Enforcement of this policy begins on Sept. 13. Fines for violations may be up to $1,000 for a first offense and up to $5,000 for a third or greater violation.

Click here to view Emergency Executive Order 225

2021 Goulston & Storrs PC. National Law Review, Volume XI, Number 238

About this Author

Brian Carrozza Associate Director Boston Practice Management Goulston & Storrs PC
Associate Director of Strategic Growth

As Associate Director of Strategic Growth, Brian Carrozza* focuses on business growth and practice management, serving as a strategic advisor to Goulston & Storrs’ Real Estate Group, including by acting as “chief of staff” to the group’s co-leaders. He also works with industry groups, emergent service areas, and individual attorneys. Deploying innovative, pragmatic solutions through an analytical, business-oriented, collaborative approach, Brian is responsible for creating dynamic business plans, shifting mindsets, and motivating action. He helps align the substance...

David Rabinowitz Director Real Estate NY Lawyer Attorney Goulston & Storrs PC

David Rabinowitz is a real estate lawyer with more than 30 years of experience. He focuses on commercial real estate transactions involving retail, office, industrial and mixed-use properties. In particular, he counsels developers and owners in connection with acquisitions and dispositions (one-off and portfolio transactions), as well as commercial development, leasing and finance matters.

David has widespread experience serving the retail industry, and Chambers USA calls him New York retail's "key contact." He frequently represents non...