11 P.M. Closing Time Extended to Gyms and Fitness Centers, Casinos, Billiards Halls, Takes Effect Today
Governor Andrew M. Cuomo today announced that, given the continued decline in hospitalization and infection rates throughout New York State, he has signed Executive Order 202.94 extending closing times for bars, restaurants, gyms and fitness centers, casinos, billiards halls, as well as other State Liquor Authority-licensed establishments, from 10 p.m. to 11 p.m. statewide beginning today.
"Hospitalizations and the positivity rate continue to decline, and with the holiday surge now in our rear-view mirror, we must keep taking steps to further re-open the economy safely and responsibly," Governor Cuomo said. "Accordingly, I have already signed an Executive Order to move the closing times for restaurants and bars to 11 p.m. statewide, and now we will do the same for gyms and fitness centers, casinos, billiards halls and any other location with an SLA license. As we move forward, we will continue to follow the science and data and take these kinds of steps to help us finally return to normal."
On Friday, the Governor announced closing times for restaurants and bars would be extended from 10 p.m. to 11 p.m. statewide, and this executive order extends that closing time for gyms or fitness centers, casinos, billiards halls, as well as any State Liquor Authority-licensed establishment.
E X E C U T I V E O R D E R No. 202.94
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;
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in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until March 16, 2021, and do hereby temporarily suspend or modify the following from the date of this Executive Order through March 16, 2021:
- Sections 201, 202, and 203 of the Eminent Domain Procedure Law, to the extent necessary to permit the MTA or subsidiary entities to hold public hearings remotely and through use of telephone conference, video conference, and/or other means of transmission, provided that public comments must be permitted electronically or by mail, and to permit all required documentation and records to be available electronically upon request; and
- Subdivision 3 of section 5-304 of the Election Law, only to the extent necessary to provide that for the calendar year 2021, the deadline for a change of enrollment, or a new enrollment, of a registered voter shall be accepted by the Board of Elections through the next business day following February 14th, and any such change of enrollment received by the Board of Elections shall be processed until February 16, 2021, whether or not transmitted prior to February 14th.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 16, 2021:
- The directive contained in Executive Order 202.74 that required all businesses that are licensed by the State Liquor Authority under sections 63 and 79 of the Alcoholic Beverage Control Law (“liquor stores” and “wine stores”) to cease all off premises sales and close at or before 10:00PM, is modified only to the extent that all such businesses shall cease off premises sales and close at or before at 11:00PM;
- The directive contained in Executive Order 202.74 that required all restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, to cease in-person dining at 10:00PM, is hereby modified only to the extent that all such restaurants shall cease in-person dining at or before 11:00PM;
- The directive contained in Executive Order 202.74 that required all businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, to cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM is hereby modified only to the extent that all such businesses shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 11:00PM; and provided further licensees operating bowling alleys or casinos shall cease all operations at or before 11:00PM.
- The directive contained in Executive Order 202.74 that required any gym or fitness center to cease operation and close to the public at 10:00PM is hereby modified only to the extent that any such business shall cease operation and close to the public at 11:00PM.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this fourteenth day of February the year two thousand twenty-one.
BY THE GOVERNOR
Secretary to the Governor
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