Let the Music Play: NYC Music Venue Operators Respond to the Updated Restrictions

The Southside Johnny Acoustic Trio at City Winery on April 28

Governor Andrew Cuomo announced today that, starting next month, the public can sit on a barstool and stay out late in New York State bars and restaurants. Bar and restaurant owners were delighted to hear that the state will lift curfews and allow seating at the bars. Here are the specifics for the target dates, which are spread in two-week increments.

• Beginning May 3, patrons can sit at bars in New York City as long as individuals or groups maintain a social distance of six feet.
• Beginning May 17, restaurants and bars can serve food and beverage service outdoors beyond the current midnight curfew.
• Beginning May 31, restaurants and bars can serve food and beverage service indoors beyond the current midnight curfew.

"We know the COVID positivity rate is a function of our behavior, and over the last year New Yorkers have remained disciplined and continued with the practices we know work to stop the spread of the virus," Cuomo said. "Everything we've been doing is working - all the arrows are pointing in the right direction and now we're able to increase economic activity even more. Lifting these restrictions for restaurants, bars and catering companies will allow these businesses that have been devastated by the pandemic to begin to recover as we return to a new normal in a post-pandemic world."

Cuomo also echoed the updated guidelines form the Centers of Disease Control and Prevention (CDC) regarding the wearing of masks outdoors. The CDC stated that vaccinated people can safely attend small gatherings and dine outdoors without wearing a face covering. The guidelines have not changed for indoor events or gatherings, however. New York State maintains its mandate to wear a mask whenever social distancing is not possible. Presumably, if the Def Leppard and Mötley Crüe concert happens at CIti Field on July 15, ticketholders will be required to wear masks.

Hell or Highwater at the Bitter End on April 28

"The lifting of the curfews for May 17 and 31 are huge, not just for music venues, but for hospitality spots across the city," said Stephanie Boriskin, a talent buyer for the Bowery Electric, which reopened for  live music on April 2. "It is giving operators the ability to extend food and beverage service and host shows later. It is a massive step for operators to try and dig themselves out of the endless hole that COVID dug.

"While the state may allow bar seating, it does not necessarily mean that the Bowery Electric will do so," Boriskin added. "The safety of our staff and guests alike are of utmost importance to us."

Lovechild at Berlin on April 28

NY State Legislature Cancels Food Order Requirements

Earlier today, both the New York State Assembly and Senate unanimously passed resolutions that rescinded a 2020 directive from the governor that required food to be purchased with any alcoholic beverage order. This reversal can be effective immediately.

For countless venues, including those that feature live music like the Anyway Café, Baby Brasa, Fiddlesticks Pub and the Red Lion, the big draw is the dinner menu. Other music-oriented venues, including Berlin, the Bitter End, and the Bowery Electric, food was introduced because of Cuomo's mandate that alcoholic beverages could only be purchased with a food order. Either way, the venue operators appreciate the ability to sell drinks only if that is the customer's desire.

"(Cuomo's) executive order has really hampered the ability for bars and restaurants to make ends meet, as alcohol sales often have the highest profit margins for any operator," the New York State Restaurant Association posted on social media today. "We are thrilled that the legislature has listened to our complaints on this issue and has proactively taken steps that will help our industry recover."

"This is long something that hospitality venues have been after and would be a massive concession by the state," said Boriskin. The Bowery Electric had to introduce food to its menu in 2020 in order to sell alcoholic beverages. "We are fully on board with nixing this mandate."

Stacy Dillard (far left) at Rue-B on April 20

Responses from NYC Music Clubs

"Any curfew restrictions being lifted certainly helps," Graham Astuto, general manager of Café Wha?, told The Manhattan Beat. Café Wha? has featured live music to both indoor and outdoor patrons. "It sounds like will be able to get back to a more normal schedule and play more music for longer periods of time. Any progress is a wonderful thing, not just for us but for the whole industry to get back on our feet. This allows our staff to get back on their feet as well."

"We are pleased to see that a reopening plan is moving forward as the city recovers from the impact of the virus," Jacob Geskin, a talent buyer for Berlin, told The Manhattan Beat. Berlin reopened in April and has had only a few nights of live music so far. "Extending our curfew and allowing for flexibility with food items will certainly be the first in a long list of steps that will allow us to regain some of our revenue as a business. Until our capacity increases, it will still be an uphill battle, but it is great to see some positive news. We look forward to providing a haven for live music as New York returns."

"We are excited to resume something closer to normal operations, while still running the venue abiding by all COVID protocols and procedures," said Boriskin, regarding the Bowery Electric.

The Racketeers at Fiddlesticks Pub on April 22

Further Steps

Cuomo's announcement today regarding changes in food and beverage service builds on his recent measures to further revitalize the economy amid a steady decline in New York's COVID-19 positivity and hospitalization rates. On April 26, the governor announced that spectator capacity at stadiums and other large outdoor venues will increase from 20 to 33 percent beginning May 19. Social distancing, masks, health screenings and all other State health and safety protocols remain in effect.

Indoor capacity remains at 50 percent for restaurants. Venues that do not classify as restaurants can have an indoor capacity of 33 percent with a cap of 100 attendees, or 150 if all attendees either test negative for Covid or show proof of vaccination. City Winery NY is requiring these proofs for all its newly-announced shows, starting with the Citizen Cope concert on May 19.

"All of the updates are a positive and obvious step," Michael Dorf, founder of City Winery, told The Manhattan Beat. "What is not really addressed is where we enforce a 100% vaccination-only policy, on top of all other measures of social distancing, mask wearing, etc. Between the CDC and Dr. Faucci, there seems to be clear science now that 100% vaccinated groups have almost no chance of spreading between themselves."

The later operating hours also present logistical challenges. The lack of adequate late-night transportation may hamper New York City's bar business if the workers cannot travel in the early hours. At present, the subway system shuts from 2 to 4 a.m. for disinfection.

"It is great that the curfew is being lifted but we need our subway operating 24 hours again,'' said Natasha Stolichnaya, manager at the Anyway Café, which returned to nightly live music in August 2020. "It is still very challenging to get home at the late hours."

"I cannot keep my club open past 1 a.m. if my staff cannot get home," added Paul Rizzo, owner of the Bitter End.

George Stass at the Red Lion on April 28

Rizzo also noted that many music venue owners are depending on long-awaited federal aid in order to pay debts. In early April, the Small Business Administration opened an online portal for applicants to the Shuttered Venue Operators Grant (SVOG, formerly known as the Save Our Stages Act), but the system collapsed four hours later. The SBA reopened the portal this past Monday, and received more than 1,700 application within 24 hours. Months may pass before the $16 billion is dispersed, however.

"We’re grateful that the Shuttered Venue Operators Grant application portal successfully opened yesterday and that thousands of businesses have applied so far," read Tuesday's social media of the National Independent Venues Association (NIVA), which championed the legislation that passed in December 2020. "These grants will allow eligible entities to pay off mountains of debt incurred over the last 13 months of being closed with nearly all revenue lost, as well as fund reopening efforts—including saving jobs and hiring staff—when it's safe to do so."

For many clubs, staying alive is all about increasing capacity. The state government has not commented on when it will allow standing room in bars, restaurants and entertainment venues. At present, all patrons must be seated to be served.

"We're hopeful that with these new directives, New York State and New York City will keep looking at the numbers and increase capacity for venues when it is safe to do so," concluded Boriskin.

"I am truly excited for when standing room will be okay again and the dancing can resume," said Astuto, speaking for Café Wha? "Fingers crossed, when the dividers can come down, that's when the real party will begin. Until then we will keep rocking."

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The Manhattan Beat covers New York City's live music developments as they happen. For a list of Manhattan venues that are presenting live music regularly, swing the desktop cursor to the right and click on the pop-up tab "Where to Find Live Music." For a listing of  upcoming concerts for live audiences, visit The Manhattan Beat's April or May calendars.