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| Strange Majik at Marshall Stack on February 6 |
New York Governor Andrew Cuomo announced today that New York City restaurants can serve customers indoors at 25% capacity beginning on Lunar New Year day, which is Friday, February 12. This is two days earlier than originally planned. He did not extend the 10 p.m. curfew, however, despite long-standing pleas from the hospitality industry.
A week ago, the governor announced that COVID infection rates were lowering and he would allow the opening of indoor dining on Sunday, February 14. The hospitality industry responded by lobbying that he restaurants to benefit from the whole Valentines weekend rather than just the Sunday. The governor said last Thursday that he and his staff would make a decision today after reviewing this past weekend's statistics.
"We respond to the data, we respond to the facts that we face today. The facts may change tomorrow and then we will change with the facts," Cuomo said this afternoon as he announced the advanced opening date. "The enemy changes tactics. We adjust with the enemy, but the numbers are down now."
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| Chino Pons at Baby Brasa on February 6 |
A coalition of 74 NYC restaurants, meanwhile, recently filed an emergency motion calling on a district court to issue an injunction allowing the eateries to reopen indoor dining at 50% capacity. The website Eater NY reports that the motion is part of an ongoing lawsuit that the restaurants filed last month against the governor, the state of New York, Mayor Bill de Blasio, and the city of New York over what they argued were unequal regulations. Most other parts of the state operate at 50% indoor capacity.
Restaurants, like most all businesses, were mandated closed at the start of the pandemic in March 2020. In mid-October, citing diminishing COVID infection rates, the governor allowed indoor dining at 25% capacity. He then suspended all indoor dining in early December in anticipation of a "holiday spike." Presently, restaurants are limited to serving customers outdoors and engaging in take-out and delivery services until 10 p.m.
Looking ahead, Cuomo also said last week that his team is developing a plan for the return of large public events. The pilot launches on March 15 with weddings and their receptions. These events can have up to 50% indoor capacity, with a maximum of 150 attendees, as long as all participants and guests are pre-tested for the coronavirus and admission is granted only to those whose results are negative.
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| The Panas Athanatos Trio at Rue-B |
Cuomo's decision today applies only to restaurants, so many entertainment venues that do not classify as restaurants must remain closed. The governor has made no announcements that apply neither to larger venues like Radio City Music Hall and the Hammerstein Ballroom, nor to smaller music clubs like le Poison Rouge, Sony Hall, the Village Vanguard and the Bitter End. Like Broadway shows, sports arenas and even comedy clubs, these venues have received no signals of a possible reopening date anytime soon.
Restaurants can feature live music, however. Restaurants can continue to stage musicians while embracing the new capacity restrictions. Local musicians began playing for meals and tips in late spring 2020, but the live music circuit diminished greatly in December. With a total ban on indoor dining taking effect and harsher weather on the horizon, many restaurants closed rather than be limited to outdoor, take-out and delivery services. Barely a handful of downtown venues continued hosting live music into the winter.
Those venues that sustained their music programs welcome the new capacity limits. Smaller venues like the Anyway Café will allow eight to 10 diners indoors in addition to the outdoor seating. Marshall Stack can allow up to 18 customers indoors in addition to those seated outdoors. Rue-B is considering expanding into the empty storefront next door to allow more indoor dining.
Other venue owners, particularly those whose businesses closed in December after showcasing music acts in the fall, are contemplating whether to re-open this weekend or wait until the state allows at least 50% indoor capacity. Sour Mouse NYC, for instance, which offers billiards and ping pong along with music and art, will reopen on February 12 and resume live jazz on February 14. The Red Lion also will reopen on February 12 and has booked seven music acts for the Valentines weekend. Fine and Rare will showcase jazz acts starting February 14. Conversely, the Blue Note, Café Wha? and Groove are among the venues that have not yet announced reopening plans. City Winery will reopen in March.
"We are very happy and looking forward to welcoming indoor diners at 25% capacity," said Natasha Stolichnaya, who books music acts at the Anyway Café. "In general, the relaxation of restrictions makes us happy cause it means that New Yorkers are doing a good job getting those COVID positivity rates down. We'll have musicians play every night as usual, not more than a duo or a trio. They will play inside by the open window and, when it's not too cold, we'll keep the door open too. We have small speakers outside so everyone indoors and out will be able to hear and enjoy our awesome artists."
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| Rob Mastrianni at the Anyway Café on February 4 |
"City Winery NY will not open this weekend," Michael Dorf, CEO and founder of the City Winery chain, revealed to The Manhattan Beat. "We don't want to lose money. We will wait until March 15, when weddings of 150 or less will open. We hope that by then the numbers will increase to 50% for indoor dinning, which is better to rationalize opening.
"The Valentine's Day present allowing for 25% indoor dinning might be music to the ears of restaurants, but it does nothing for live music venues," Dorf continued. "The massacre continues with zero ability for paid performances for professional musicians even to perform to a seated audience in those same capacity restricted restaurants. The law continues to make no logical sense and is very discriminatory to live music. We have been working with the State to try and change this flaw in the system, but to no avail.
"Food was made a distinction for a bar to serve, which really addresses the standing vs. seated issues of gatherings and allowing for the liquor license holder to control social distancing," Dorf summarized. "The same exact concept could be applied for live music and it would be a smart and safe reopening policy."
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