SLA Issues Rules For Temporary Use of Outdoor Space

With outdoor restaurant use in New York City to be permitted as part of the Phase 2 reopening, which expected to be in late June or early July, the New York State Liquor Authority announced a new Guidance, effective June 4, 2020, to allow a restaurant to add available outdoor space to its license on a temporary basis. Generally, new space can only be used after approval of an Alteration Application, which can take many months.  The new Guidance however requires no prior SLA approval in most instances. The licensee is required to file floor plans for the new outdoor space within five days. The Guidance requires that any consumption of food and/or beverage must be in outdoor, open-air areas, without a fixed roof (besides a temporary or seasonal awning or cover); food and/or beverages can only be consumed while seated at a table, bar, counter, or similar contrivance; all tables must be 6 feet apart; any seat at a bar, counter, or similar contrivance must be 6 feet apart; all staff of the licensed business must wear face masks at all times; and all customers must wear face masks at any time they are not seated. If, however, the existing license has a restriction against use of outdoor space, whether by agreement or stipulation with local municipality or the local community board, then use of the outdoor space must be approved in writing by that party. Moreover, if a permit is required under any municipal law by any other agency, that will also be required. The City Council is working now on legislation to expedite the process with the Department of Transportation and the Department of Consumer Affairs for permits to permit the use of public space.