No. 202.52: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

No. 202.52

E X E C U T I V E  O R D E R

CONTINUING TEMPORARY SUSPENSION AND MODIFICATION OF LAWS

RELATING TO THE DISASTER EMERGENCY

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

WHEREAS, the State of New York has gone from having the highest infection rate to one of the lowest in the country and is one of only a few states reported to be on track to contain the spread of COVID-19;

WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to reopening the State of New York; 

WHEREAS, other states that may have taken a less cautious approach are experiencing an increased prevalence of COVID-19; and

WHEREAS, it is incumbent upon business owners and local governments to enforce public health requirements to allow our safe reopening to continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, and to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby temporarily suspend or modify, and direct, for the period from the date of this Executive Order through August 15, 2020 the following:

• Any provision of the Alcoholic Beverage Control Law to the extent necessary to require that all businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, and which are required as a license condition to make food available, shall serve alcoholic beverages for on premises consumption or for off premises consumption only if the service of such alcoholic beverage is accompanied by the purchase of a food item by each individual that is being served an alcoholic beverage, consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law. The Chairman of the State Liquor Authority shall be authorized to promulgate any reasonable guidance to effectuate this provision. 

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this sixteenth of July in the year two thousand twenty.

BY THE GOVERNOR  

Secretary to the Governor