Emergency Executive Decree 250 | New York City
b. I hereby order that, except as provided in subsection c of this section, a covered entity does not allow a client, full or part-time employee, intern, volunteer or contractor enter a covered room without presenting proof of vaccination and identification. bearing the same identifying information as the vaccination certificate.
vs. I hereby order that the following persons be exempted from this section and therefore may enter a covered room without presenting proof of vaccination, provided that such persons wear a face mask at all times when they are unable to maintain a six (6) feet away from other people inside the covered rooms:
(1) People entering for a quick and limited purpose (for example, using the washroom, placing or collecting an order or service, changing clothes in a cloakroom or making necessary repairs);
(2) A non-resident performer who is not regularly employed by the covered entity, or a non-resident individual accompanying such an entertainer, while the performer or individual is in a covered room for the purposes of representing that artist, except that an entertainer is not required to wear a face mask when performing;
(3) A non-resident professional athlete / sports team that is not based in New York City (i.e. not a “home team” from New York City), or an accompanying non-resident person. professional athlete / such a sports team, who enters a covered room as part of their regular employment for the purpose of professional athlete / sports team competition, except that such a professional athlete is not required to wear a face mask when participating in a competition;
(4) A person 12 years of age or older who enters a covered room to participate in a school or extracurricular program offered by a public or non-public Kindergarten to Grade 12 school, the Ministry of Youth and Community Development, or a another city agency; and
(5) A natural person who enters for the purpose of voting or, according to law, assisting or accompanying a voter or observing the election.
D. I hereby request that each covered entity develop and maintain a written record describing the covered entity’s protocol for the implementation and enforcement of the requirements of this section. Such a written record must be available for inspection at the request of a City official, as permitted by law.
e. I hereby order each covered entity to post a sign in a prominent location that is visible to potential customers prior to entering the establishment. The sign should alert customers to the vaccination requirement in this section and advise them that employees and customers should be vaccinated. The Department of Health and Mental Hygiene (“DOHMH”) will determine the text for such a sign and provide a template on its website that a covered entity can use. A covered entity may use the panel available online at nyc.gov/keytoNYC, or use its own panel, provided its panel measures no less than 8.5 inches by 11 inches, with text provided by the DOHMH in a at least 14 point font.
F. For the purposes of this decree:
(1) “Contractor” means the owner or employee of any business that a Covered Entity has hired to perform work in Covered Premises.
(2) “Covered Entity” means any entity that operates one or more covered premises, except that it does not include public and non-public schools and programs from Kindergarten to 12th grade (12), places of worship, child care programs, centers, community centers, or as otherwise specified by this Order.
(3) “Covered locations” means one of the following locations, except in the cases provided for in sub-paragraph (iv) of this paragraph:
(I) Indoor entertainment and recreation settings, and some Event and meeting spaces including the interior parts of the following places, whatever the activity in these places: cinemas, concert or music halls, entertainment for adults, casinos, botanical gardens, places of commercial events and parties, museums, aquariums, zoos, professional sports arenas and indoor stadiums, convention centers and exhibition halls, hotel meeting and event spaces, performing arts theaters, bowling alleys, arcades, indoor play areas, billiard rooms and billiards and other recreational game centers;
(ii) Indoor food services, including the interior parts of catering establishments offering food and drink, including all interior dining rooms of catering establishments which receive alphabetical notes as described in article 81.51 of the Health Code; companies operating indoor rest areas in food courts; catering establishments that provide food inside its premises; and any interior portion of an establishment regulated by the New York State Department of Agriculture and Markets that provides food for domestic consumption on site. The requirements of this Order do not apply to an establishment offering food or drink exclusively for consumption outside or outside, or to a catering establishment providing only charitable food services, such as soup kitchens;
(iii) Indoor gyms and fitness settings, including indoor parts of independent and hotel gyms and fitness centers, gymnasiums and fitness centers in higher education institutions, yoga / Pilates / barre / dance studios, boxing / kickboxing gyms, fitness training camps, indoor pools, CrossFit or other plyometric boxes, and other facilities used for giving group fitness classes.
(iv) “Covered premises” do not include places of worship or spaces in a residential or office building the use of which is limited to residents, owners or tenants of that building.
(4) “interior part” means any part of a covered room with a roof or overhang which is surrounded by at least three walls, except that the following will not be considered as an interior part: (1) a structure on the sidewalk or roadway if it is fully open on the side facing the sidewalk; and (2) an outdoor dining structure for individual parties, such as a plastic dome, if it has adequate ventilation to allow air circulation.
(5) “Non-Resident” means any natural person who is not a resident of New York City.
(6) “Patron” means any person aged 12 or over who frequents, enters, attends an event or purchases goods or services in a covered room.
(7) “Identification” means an official document bearing the name of the person and a photo or date of birth. Examples of acceptable identification documents include, but are not limited to: driver’s license, government non-driver ID card, IDNYC, passport, and school ID card.
(8) “Proof of vaccination” means proof of receipt of at least one dose of a COVID-19 vaccine authorized for emergency use or authorized for use by the United States Food and Drug Administration or authorized for emergency use by the World Health Organization. This proof can be established by:
(i) A CDC COVID-19 vaccination record or official vaccination record from the jurisdiction, state or country where the vaccine was administered or a digital or physical photo of such card or record, reflecting the name of the person, the brand of the vaccine, and the date of administration; Where
(ii) A New York City COVID Safe Pass (available for download on Apple and Android smartphones);
(iii) a New York State Excelsior pass;
(iv) the digital CLEAR vaccination card; Where
(v) any other method specified by the Health and Mental Hygiene Commissioner as sufficient to prove vaccination.
g. I hereby order that any instance where a Covered Entity fails to verify an individual’s immunization status is a separate violation of this section.
h. I hereby direct the City Human Rights Commission to issue guidelines to assist covered entities to comply with this section in a fair manner, in accordance with the applicable provisions of the Human Rights Act. New York City man.
I. I hereby order, in accordance with Article 25 of the Executive Law, that the staff of any body appointed by the Commissioner for Health and Mental Hygiene apply the guidelines set out in this Article.
j. (1) I hereby order that any person or entity who violates the requirements of the Key to NYC program will be liable to a fine, penalty and forfeiture of at least $ 1,000. If it is determined that the person or entity has committed a subsequent violation of this section within twelve months of the original violation for which a penalty was imposed, that person or entity is liable to a fine, penalty and forfeiture of at least $ 2,000. For each subsequent violation, that person or entity will be liable to a fine, penalty and forfeiture of at least $ 5,000 if the person or entity committed the violation within twelve months. the violation for which the second penalty was assessed. This article may be applied by virtue of articles 3.05, 3.07 or 3.11 of the Health Code and articles 558 and 562 of the Charter.
(2) I hereby suspend: (i) Schedule 7-A to Chapter 7 of Title 24 of the New York City Rules to the extent that doing so would limit a violation of this section to be punished with a standard penalty of $ 1,000 or a default penalty of $ 2,000; and (ii) article 7-08 of this chapter 7 and article 3.11 of the Health Code, insofar as these provisions would limit to $ 2,000 the amount of the default penalty that may be imposed for an infringement of the this article.
k. Covered entities must comply with other guidelines issued by the DOHMH to promote the intent of this section and increase the number of people vaccinated in the city.
the. Section 20-1271 of the Administrative Code of the City of New York is amended by adding the following provision to the definition of “just cause”: Notwithstanding anything in this chapter, a fast food restaurant employer is deemed to have just cause when ” a fast food restaurant employee has not provided proof of vaccination required by an emergency decree issued in response to the COVID-19 pandemic and will not be required to follow progressive disciplinary procedures before terminating the employee ’employee, provided that the employee has 30 days from the date on which the employer has notified the employee of the obligation to present such proof and the employee is placed on leave as a result of such notice until such proof is provided. This provision does not relieve the employer of its responsibility to provide reasonable accommodation when required by law.
§ 3. This emergency decree takes effect immediately.