Outdoor Dining at Restaurants May Resume in Southern Tier and Other Regions

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Tioga County Legislative Chairwoman Martha Sauerbrey has reported Gov. Andrew Cuomo announced today that outdoor dining at restaurants will be permitted in phase two of re-opening.

Restaurants in the seven regions that have already entered Phase 2 are: Southern Tier (Tioga, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben and Tompkins), Capital Region, Central New York, Finger Lakes, Mohawk Valley, North Country and Western New York. Restaurants may re-open for outdoor dining beginning tomorrow, June 4. Outdoor tables must be spaced six feet apart, all staff must wear face coverings and customers must also wear face coverings when not seated.

This Interim Guidance for Outdoor and Take-Out/Delivery Food Services during the COVID-19 Public Health Emergency (“Interim COVID-19 Guidance for Outdoor and Take-Out/Delivery Food Services”) was created to provide owners/operators of outdoor and take-out/delivery food services sites and their employees and contractors with precautions to help protect against the spread of COVID-19 as outdoor and take-out/delivery food services sites reopen.

This guidance applies to all restaurants and food services establishments, including food trucks, and other food concessions. In regions that have not yet reached Phase 1 or are in Phase 1, such establishments may only operate by take-out and delivery. In regions that have reached Phase 2, such establishments may open outdoor spaces with seating for customers (i.e. dining and bar spaces indoors cannot open to customers), provided customers can be seated at tables that are appropriately distanced. Furthermore, restaurants with outdoor bar seating can open the area, provided customers can be distanced appropriately. Consumption of any dine-in food and/or beverage must occur at tables or bar tops in these
outdoor spaces.

These guidelines are minimum requirements only and any employer is free to provide additional precautions or increased restrictions. These guidelines are based on the best-known public health practices at the time of Phase 2 of the State’s reopening, and the documentation upon which these guidelines are based can and does change frequently. The Responsible Parties – as defined below – are accountable for adhering to all local, state and federal requirements relative to outdoor and take-out/delivery food services. The Responsible Parties are also accountable for staying current with any updates to these requirements, as well as incorporating same into any outdoor and take-out/delivery food service operations and/or Site Safety Plan.

The Centers of Disease Control and Prevention, U.S. Food and Drug Administration, and United States Department of Labor’s Occupational Safety and Health Administration are not aware of any reports that suggest that COVID19 can be transmitted through food. Therefore, adherence to NYS Sanitary Codes for food service establishments along with additional requirements.