COVID VENUE GUIDE

THE GUIDE

Presented by Lasher Louis Productions

UPDATE December 13th 2021 

A few notes on the new Mask/Vaccine mandate(s)


The Governor’s announcement last week supersedes the children and adult vaccine mandate announced by Mayor de Blasio. Please see below for an updated list of key dates for City and State vaccine/mask mandates announced.  

We'll have more details about what's coming in late December, soon. 

Please note, the Governor’s announcement regarding the new vaccine/masking requirements are set to expire on January 15th, however, they could be extended at the Governor’s direction. It is unclear if the new vaccine requirements announced by the Mayor for indoor dining and recreation will take effect after the State’s requirements expire. 

Please visit our RESOURCES center for original documents. 

If you are in NYC you have already been enforcing a vaccine requirement in your space and your operations do not substantively change. If you are outside of NYC please see below 
 

THOSE IMPACTED / WHAT IS REQUIRED

Dec. 13
Visitors and staff at all indoor public spaces in NYS (including NYC)
Option 1)  Implement a proof of full vaccine requirement for visitors and staff over the age of 2. Full-course vaccination is defined as 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)
Option 2) Implement a mask-wearing requirement for patrons and staff over the age 2

P-12 School Students, Visitors and Staff in NYS (including NYC)
Masking is required for all students, staff and visitors over the age of 2

Visitors and Staff at Public Transportation Conveyances and at Transportation Hubs in NYS (including NYC)
Masking is required for all staff and visitors over the age of 2

Staff, Visitors, Residents and Detainees in NYS (including NYC) at:
·         Healthcare Settings
·         Adult Care Facilities
·         Correctional Facilities and Detention centers
·         Homeless Shelters

Dec. 14
Children aged 5-11 participating in high-risk extra-curricular activities in NYC
Children 5-11 will be required to show proof of at least one vaccine dose to participate in high risk extracurricular activities (sports, band, orchestra, and dance), regardless of whether the activity is indoor or outdoor

Dec. 15
Private Sector Employers in NYC
The City of New York will release guidelines for private employers to implement the City’s new vaccine requirement for employees including information about reasonable accommodations requests

Dec. 27
Private Sector Employers/Employees in NYC
Private sector workers will need to show proof of vaccine to employers (the City has not yet released details about reasonable accommodation and number of doses required)


some content comes to us via Cozen O'Connor - we thank them for their support. 

​

UPDATE October 12th 2021

What to expect when you’re inspected 

As you know, as of August 17th New York City began enforcing a policy called Key to NYC which mandates proof of vaccination for Indoor Activities 

Citywide inspections for compliance with the vaccine mandate began about 3 weeks ago. If you haven’t yet been inspected, it’s your turn soon. Here’s what inspectors are looking for:

  • Prominent placement of COVID19 vaccine requirement signage. You can download this signage here
  • Familiarity with the accepted forms of vaccine proof
    • For proof of vaccination, you can use:
      • CDC Vaccination Card. A digital photo or photocopy of this card is also acceptable.
      • NYC Vaccination Record or another official immunization record, including from your health care provider. A digital photo or photocopy of this card is also acceptable. If you are unable to get this record, call 311.
      • NYC COVID Safe App: Android | iOS. You can upload to this app a photo of your CDC vaccination card or another official record, along with your photo ID.
      • CLEAR Health Pass: Android | iOS. You can use the digital vaccine card option in the CLEAR app if you are 18 and older and are fully vaccinated.
      • Excelsior Pass (or Excelsior Pass Plus). To use this app, you will need the phone number or email address associated with your New York vaccination record. If you are unable to use this app, try one of the other options listed above.
    • Proof of your implementation plan, which should be written and available to all employees 
    • Proof that you’re verifying employee vaccination status 
    • You may be asked to present records of staff vaccination status.
      • Employees should be prepared to prove they are vaccinated and may be asked by inspectors. 

    • Note: 
      • Inspectors may come in posing as customers
      • There is currently NO reasonable accommodation made for religious or medical exemptions in venue. If somebody isn’t vaccinated, regardless of the reason, you cannot let them in your venue.  Yes, really!  
      • You may be asked to fill out a questionnaire about vaccination verification procedures
UPDATE June 25th 2021 

The Executive Order declaring a Disaster Emergency expired today at 12:01am; it's not being extended. 

Without the State of Emergency, there are no powers to impose restrictions or provide privileges. 

Effective 12:01 am Today, Friday, here's what has changed/stay the same:
  • Permission for cocktails to go is no longer in effect. 
  • CDC requirements for public transportation, schools, healthcare facilities remain in effect
  • CDC requirements for people who are unvaccinated stay in effect (again, there is no stated mechanism for checks/enforcement) 

Any event with ATTENDANCE (not just capacity) over 5K will have more stringent regs. We're still waiting to hear what those are, but masking and health screening requirements are likely to remain.

Otherwise, with a few exceptions, we're back to business as usual. 
UPDATE May 23rd 2021 
On May 19th New York State issued updated guidance in line with CDC Interim Public Health Recommendations for Fully Vaccinated People the full text of that guidance may be found here. Its content has been synthesized and is available for download by clicking the link above.
UPDATE May 17th 2021 
Governor Cuomo announced today that venues in New York State that verify attendees are vaccinated may operate at full capacity without distancing or masks starting May 19th. 

Some clarity on the operational implications of venues operating outside of that model is still needed. We’re working hard to get it for you all. 

We’ll be updating this New York State version of The Guide shortly to reflect all of these new changes.
UPDATE April 29th 2021 
Hello Humans,

It's been a busy week here in New York state, and you can expect a more robust update to The Guide in the coming days.

For now, we wanted to share a few topline updates and points of clarity with you.

The July 1st announcement made this week illustrates a goal set by the Mayor of New York City and should not be interpreted as a guideline or a new city or state-wide plan.

We are hopeful that a roadmap to reopening from the City and State will be released soon.

Bar Seating:
Patrons may sit at bars in socially distanced groups or as individuals starting May 3rd.
Patrons who are not seated at the bar may order directly from designated areas at the bar so long as social distancing is maintained.
Patrons may order food and drink from concessions in theatre-style venues. They must maintain social distance.

Large Venues for whom capacity will increase to 25%/33% on May 19th are required to complete test or vaccination screening for all patrons on entry.

Effective April 28th, and according to Assembly Resolution No. 216, the requirement that patrons must order a food item with their first drink is no longer in effect. There will be much more in the coming days, and we expect next week to be a busy one.

Stay tuned.

Best, The Guide

​


​This document serves as an accompaniment to the INTERIM GUIDANCE FOR SMALL AND MEDIUM SCALE PERFORMING ARTS & ENTERTAINMENT issued by New York State Department of Health on April 1st 2021 and is intended for use by Operators for informational purposes only. This is not legal advice and anyone reading this should seek its own legal counsel. Please check back often as guidance is changing on a regular basis.
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Foreword

We believe local, independent nightlife is vital to the health and survival of arts and culture. Small venues all over the world are incubating new talent, exciting trends, and remarkable ideas. Still, others are honoring history and maintaining cultural traditions. Some are even doing both.

The Guide is for these venues.

Early in the Covid-19 pandemic, we realized that independent venues were at a significant disadvantage for surviving a shutdown and not only because of limited ability to pay existing costs without any incoming revenue. The cost of hiring consultants to advise on what steps to take to make their venues safer and advocate for reopening in their localities would be too much for many independent venues to bear. It was from this need that our original guide was born in the Spring of 2020. The original guide was an open source operational document specifically tailored for independent venues.

Now we all have moved into a new reality with new needs. But even as our Guide has shifted to specific needs for venues in New York State, it remains an excellent resource for venues across the country and globally.
New York State has some of the most restrictive reopening procedures in the United States, and the recent guidelines for small to medium-sized venues in New York State are very comprehensive but very dense. Through our work with The State, our operational expertise, and our servicing of local operators in partnership with NYIVA (New York Independent Venue Association) as chair of their reopening committee, we've identified the most frequently asked questions about New York State INTERIM GUIDANCE FOR SMALL AND MEDIUM SCALE PERFORMING ARTS & ENTERTAINMENT guidance. 

Here, we have distilled those questions and learnings into this top-level summary of the guidance's most salient elements. Be advised that this summary does not contain all of the NYS operational regulations but does expand upon the most critical and possibly confusing elements. The entire 30-page state-issued guidance may be found here. 

Wash your hands. Wear a mask. Clean high-touch surfaces frequently. 

Every venue, state, and country, of course, is different. If you are looking for operational support/advice for your venue, region or municipality specifically, feel free to reach out to us at info@lasherlouisproductions.com to arrange a consultation. ​

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Contents

Capacity
Arrivals & Ingress
Tables & Seating
Performance/Stage Spaces
Performer Management
Staff
Dismissal/Egress
Inspections
FAQs
Helpful Documents
 

Capacity

​​As of April 2nd 2021 Venues in new york state are permitted to operate in the following capacity model:
IF YOU ARE NOT TESTING OR CHECKING VACCINE STATUS AT THE DOOR: 
  • INDOOR: 100 attendees or 33%* of the maximum seated capacity for a seated venue or 33% of the maximum occupancy for a GA venue as set by the certificate of occupancy, This number does not include staff or performers.
  • OUTDOOR: 200 attendees or 33%* of the maximum seated capacity for a seated venue or  33% of the maximum occupancy for a GA venue as set by the certificate of occupancy, This number does not include staff or performers. 
IF YOU ARE CHECKING VACCINE/NEGATIVE TEST STATUS AT THE DOOR: 
  • You must complete and submit to your local DOH an EVENT DETAILS plan for each event you plan to operate in this model. 
  • INDOOR: 150 attendees or 33%* of the maximum seated capacity for a seated venue or  33% of the maximum occupancy for a GA venue as set by the certificate of occupancy, This number does not include staff or performers. 
  • OUTDOOR: 500 attendees or 33%* of the maximum seated capacity for a seated venue or 33% of the maximum occupancy for a GA venue as set by the certificate of occupancy, This number does not include staff or performers. 
*whichever number is lower ie: for a 1,000 cap venue 33% is 330 but you may only seat 100 indoor/200 outdoor.
More Top line rules: 
  • Everybody must wear masks unless eating or drinking.​
  • All distancing is “fixed” meaning people must stay in a single location, no free flow of people or dancefloors permitted. 
  • The current curfew for consumption is midnight. However, venues are permitted to operate in their standard model of operation after midnight so long as no further consumption is taking place (ie: you can have a band up at 1am so long as consumption of food and drink stopped at midnight).
    • ​As of May 17th provisional curfews on outdoor activity will be lifted. Operations may return to 4am curfew.
    • As of May 31st provisional curfews on indoor activity will be lifted. Operations may return to 4am curfew.
 

Arrivals & Ingress

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  • Reservations/tickets as opposed to walk up business are encouraged, preferably with staggered arrival times communicated at time of purchase
  • If you choose to operate in a model where you check the vaccine or test status 
    • Negative PCR tests within the last 72 hours 
    • Negative “Rapid Tests”/ Antigen tests within the last 6 hours
    • Proof can be provided on paper or by using Excelsior Pass 
  • Doors open earlier than normal to allow early arrivals and seating

  • Must wait in area with sufficient space for social distancing, preferably outdoors.
  • Clear ingress signage + waiting areas. 
  • Temperature check / contact screening (to include test status if you’re operating in that model).
  • You are prohibited from permitting a person who as declined or failed the screening process from entering your venue.​
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Click the item above to view specific resources we recommend to accomplish the above
 

Tables & Seating

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  • Seated groups of no more than 10 with dividers and/or 6 feet apart
  • Table service only
  • Masks may be removed when seated eating/drinking
  • It is possible to create “pods” around tables/seats that may permit patrons to stand up within their designated areas. In these situations a minimum of 6 feet (preferably more) and/or suitable barriers to prevent contact between groups is needed. The area being allocated to a group must be clearly marked with a physical barrier (double rope and stanchion, bike rack, mojo etc).
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For solo attendees dividers may be installed.
Theater Seating:
  • Capacity reduced by blocking off rows and aisle-adjacent seats as needed
  • Empty seats to be maintained between household groups
  • Arrows to indicate one-way walking flow
Vertical Divider
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Performer Management

  • Limit green room access and catering.
  • All catering in single-serve and pre-wrapped packaging. No platters of food for performers or tours. 
  • Require crews to stay masked at all times. 
  • Allow performers to unmask only when performing. 
  • Non-emotive performers should always be masked.
  • Artist transport vehicles must be regularly cleaned and high-touch areas (e.g., door handles, arm rests, buckles, seats, windows, screens) disinfected prior to use and between any change in driver(s) and/or occupant(s). In such vehicles, hand sanitizing supplies and/or wipes should be provided for use by driver(s) and occupant(s).​
  • Non-masked artists need to be 12 ft from audience members or behind a suitable barrier.
  • Physical distancing between artists on stage where practicable and/or barriers.
  • DJ booths for talent only.
  • Physical distancing and/or separate green and dressing rooms.
  • No craft services.
  • Sealed liquids.
Artists are subject to the same screening measures as staff and patrons. 
  • Negative PCR in the last 72 hours 
  • Negative antigen in the last 6 hours
  • Proof of vaccine
 

Staff

  • The safety of your staff is paramount. You likely already mandate handwashing and general venue cleanliness. However, in advance of reopening, the entire staff should be retrained on post-COVID cleaning practices, proper guest interaction, proper handwashing (20 seconds, soap and hot water, disposable towels, in-between fingers, etc). 
  • Training of some nature is currently mandatory and all team members should be asked to sign an acknowledgement that they’ve completed this training. 
  • Staff must keep 6 feet of distance between one another wherever possible. This means rethinking staff rooms and discouraging staff gathering/clustering.
  • Staff should be asked to complete a health declaration. This may include vaccine/negative test status.
    Please note employers are currently required to provide time off to acquire a vaccine. 

  • With a touchless handheld or infrared thermometer, prepare to check staff temperature at reopening meetings and at the beginning of every subsequent shift. 
  • For non vaccinated persons travel 14 days before returning to work should be discouraged. Socialize this to your staff well enough in advance of return to operations.  
  • Be prepared with resources in your area for staff – ie, testing sites, vaccine locations and hospital/doctors that may provide specialized care. Socialize this information to your staff before opening and continue to share these resources as the situation in your region evolves. 
  • All staff interacting with members of the public or with performers must wear face coverings and/or face shields.
  • Doing a mock service with all workers to get used to the changes in uniform, protocols, and venue layout will prove extremely helpful once you reopen.
 

Dismissal/Egress

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You may want to consider timed departures to manage orderly, socially distanced egress
Table Seating
  • Guests are to remain seated until departure time.
  • Numbered table departures announced over PA system.
  • Signage on tables indicates exiting instructions.
  • Room cleared and cleaned between shows.
Theater Seating
  • Guests are to remain seated until departure time.
  • Ushers walk aisles to indicate when row is ready to be released for exit.
  • Signage on seat backs indicates exiting instructions.
  • Room cleared and cleaned between shows.
 

Inspections


Inspectors will be looking for the following: 
  • Didactic and informative signage.
  • Distancing signage and/or floor markers.
  • A record/proof of the food you’ve served with first drinks. 
  • Employee health tracker.
  • Cleaning log.
  • Cleaning protocols of the venue with a focus on high touch areas that are observable by both patrons and inspectors. An overview of appropriate cleaning procedures may be found in the WHO guidelines, here and CDC guidelines, here.
  • An abundance of venue-supplied hand sanitizer. 
  • Compliance with capacity, fixed distancing, mask mandates enforced for patrons and staff.
  • Compliance with your standard SLA Method of Operation.
 

FAQs

Can employers require that employees get a vaccine?
Probably. The consensus among Labor Lawyers is that while the government cannot require United States citizens to get vaccinated, that employers, who run private businesses may require employees/workers to get a vaccine, based on the right to dismiss employees under the “at-will” employment doctrine. This action by private employers is, of course, subject to medical or religious accommodations as required.
That guidance goes along with the recent guidelines from the United States Equal Employment Opportunity Commission, which suggest that employers can generally mandate vaccinations without outright saying so.
The California Department of Fair Employment and Housing (DFEH) also recently said that the Fair Employment and Housing Act (FEHA) generally allows employers to mandate vaccines that have been approved by the FDA.
According to Aaron Olsen, a San Diego employment law attorney at Haeggquist & Eck, employers that do mandate vaccinations under the emergency-use authorization are required to inform workers about the potential vaccination side effects, as well as the consequences of refusing to be vaccinated.
The industries that are mandating vaccinations the most are agriculture, restaurants, construction and healthcare. Nightlife would be a natural industry to mandate vaccinations based on its close interaction with the public.
There are at least two federal lawsuits have already been filed on the issue. An employee who recently filed a lawsuit challenging an employer's vaccine mandate argued that the EUA states that people must have "the option to accept or refuse administration of the [vaccine]" and be informed "of the consequence, if any, of refusing administration of the [vaccine] and of the alternatives to the [vaccine] that are available and of their benefits and risks. 

There also may be claims coming for wrongful termination in violation of public policy and possibly claims under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws.
The New York State Department of Labor (“NYSDOL”) has issued guidance on the State’s recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021. As we previously reported, the law requires employers to provide employees with “a sufficient period of time, not to exceed four hours” per dose to be vaccinated for COVID-19. Leave must be paid at the employee’s regular rate of pay and cannot be charged against other leave accruals. The NYSDOL’s guidance suggests that the State of New York believes that employers have the right to require employees get vaccinated.
Obviously, we are in a place where many factors about how the law will play out are unknown. Employers should seek guidance and advice from a Labor Lawyer, before putting any policy in place.

source:  Adelman Matz P.C.
​Can a business require a guest to be vaccinated or have a recent negative covid test to permit entry into their establishment?
Probably. Guests have no constitutional free speech rights in a private business. The First Amendment to the U.S. Constitution protects an individual’s right to free speech from infringement by the U.S. Government, but that right does not extend to a private business. Similarly, state constitutions do not create such rights as well. Thus, a music venue or a restaurant probably is able to legally deny service to individuals that are not vaccinated or do not have a recent negative covid test. This also has not been tested in the courts and may change. As businesses also know, Title III of the Americans with Disabilities Act requires music venues and restaurants to provide certain accommodations to persons with disabilities. The music venue or restaurant must think about the reasonable accommodation it has available. Never request medical documentation for a requested accommodation. However, there is a balancing test and the business need not provide an accommodation that puts other patrons or the employees in a potential unsafe position, and allowing an unvaccinated and/or non negative covid test patron into the business may cause a health or safety issue. 
This is only guidance, so when evaluating your opening plans, seeking the advice and counsel of a knowledgeable lawyer with both labor law and restaurant/venue experience will help you open safely and legally.
source:  Adelman Matz P.C. ​​
 

Helpful Documents

Open-Source Documents: 
  • CDC cleaning/opening checklist for Events and Gatherings 
  • Cleaning log example
  • Screening/contact tracing document - no testing/vax
  • Patron waiver/screening document - testing/vax  
  • Staff screening document
  • Staff training declaration
  • Event details plan document (for DOH submission for events over 100/200)
  • 3rd party covid liability waiver

Need more help? Still have questions?

Contact us for support and advice specifically tailored for your venue.
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We believe local, independent nightlife is vital to the health and survival of arts and culture. Small venues all over the world are incubating new talent, exciting trends, and remarkable ideas. Still, others are honoring history and maintaining cultural traditions. Some are even doing both.

The Guide is for these venues.

Copyright © 2021. All rights reserved.
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    • MAY 23RD UPDATE
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