Indoor dining returns to NYC by end of September at 25% capacity: Cuomo

Order up.

Gov. Cuomo set the table Wednesday for indoor dining to resume in New York City by the end of the month - the first time since March.

Restaurants in the five boroughs can reopen their doors and welcome patrons back to their dining rooms on Sept. 30 — with stringent coronavirus precautions in place.

Capacity will be limited to 25%, tables must be placed six feet apart and temperature checks of all patrons will be mandatory. There will be no walk-up bar service, customers will be required to leave contact information and eateries must be closed by midnight, the governor said during a press briefing in Manhattan.

“Opening restaurants, I understand the economic benefit and I understand the economic pressure they’ve been under,” Cuomo said of struggling Big Apple restaurants that have been shuttered, relegated to takeout or serving customers outdoors for months.

FILE - Imani Williams sanitizes tables at Junior's Restaurant in New York.
FILE - Imani Williams sanitizes tables at Junior's Restaurant in New York.


FILE - Imani Williams sanitizes tables at Junior's Restaurant in New York. (Mark Lennihan/)

The governor, who has faced criticism for his hesitation to allow restaurants to seat diners indoors, set a Nov. 1 deadline to reassess the COVID-19 infection rate. If the number remains low, indoor dining capacity could increase to 50%.

The announcement comes after business owners filed a $2 billion class-action lawsuit, alleging the state is violating the constitutional rights of more than 150,000 New York City restaurateurs. The industry employs roughly 300,000 people in the city.

New York State Assemblywoman Nicole Malliotakis (R-Staten Island), who joined the suit against the governor earlier this week, said the state should act faster to assist eateries.

“While we’re happy the city and state have acknowledged the plight of the restaurant industry, it’s not enough," she said. "We will continue to proceed with the lawsuit until New York City is granted the 50% capacity like every other municipality in New York State.”

FILE - Bar owner Celene Rosado speaks during a rally at Grand Army Plaza by restaurant workers and owners to urge reopening of indoor dining in New York City, Aug. 27.
FILE - Bar owner Celene Rosado speaks during a rally at Grand Army Plaza by restaurant workers and owners to urge reopening of indoor dining in New York City, Aug. 27.


FILE - Bar owner Celene Rosado speaks during a rally at Grand Army Plaza by restaurant workers and owners to urge reopening of indoor dining in New York City, Aug. 27. (Jeff Bachner/)

While he was hoping Cuomo would allow at least 50% capacity, Stephen Oliver, the owner of Chadwick’s restaurant in Bay Ridge, said the move is a step in the right direction and called the precautions tough, but necessary.

“Is that going to be difficult if you have a real busy night? Yes," he told the Daily News. "I can’t say I’m opposed to it because I understand where they’re going with it. It’s something we’re gonna have to do.”

New Jersey began allowing eateries to welcome back customers last week with a similar 25% limit on capacity while restaurants upstate and on Long Island have been operating at 50% since June.

The governor has repeatedly railed against City Hall in recent weeks, accusing the mayor and NYPD of not doing enough to enforce measures meant to stem the spread of coronavirus.

On Wednesday, Cuomo said the city will contribute 400 personnel to an existing task force headed by the State Liquor Authority and state police to ensure compliance with the new orders, a deal apparently hammered out not just with Mayor Bill de Blasio, but with other city officials too.

“We have been talking to all stakeholders up until the moment I just walked out,” Cuomo said.

Front page of the New York Daily News on September 1, 2020: “Cuomo won’t let city reopen indoor dining as NJ gives green light” and “Blaz says wait for vaccine, which may come in the SPRING.”
Front page of the New York Daily News on September 1, 2020: “Cuomo won’t let city reopen indoor dining as NJ gives green light” and “Blaz says wait for vaccine, which may come in the SPRING.”


Front page of the New York Daily News on September 1, 2020: “Cuomo won’t let city reopen indoor dining as NJ gives green light” and “Blaz says wait for vaccine, which may come in the SPRING.”

Earlier in the day, de Blasio said a decision on a plan was in the works and would be announced in a matter of days.

“Everyone is working together, trying to figure out what’s safe," the mayor said. “I’m hopeful we will have an announcement as early as this week, but there’s more work to be done."

De Blasio has already said the city is considering extending its outdoor dining program, which began in June and allowed restaurants to set up tables on streets, sidewalks and parking spots. It was initially expected to end Oct. 31.

Cuomo, meanwhile, said in addition to the state task force and city officials enforcement will in part depend on diners who can report non-compliance anonymously through a hotline.

“New Yorkers themselves will help with compliance,” he said. "New Yorkers will keep New Yorkers safe.

The mayor, in a statement released as the governor gave his briefing, set the threshold for rolling back the reopening at 2% infection rate.

“We’ve achieved a plan that puts health and safety first,” de Blasio said. “This may not look like the indoor dining that we all know and love, but it is progress for restaurant workers and all New Yorkers.”

Cuomo, who said his biggest fear is a lack of compliance that could lead to a surge in cases, added that eateries risk losing their license to operate if caught violating state restrictions.

“This is not an issue you want to fool around with. It is not worth the risk,” Cuomo said. “If you lose your license, that’s months of being out of business — assuming you can get the license back.”

With Shant Shahrigian

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