NYC Music Venues May Be Fined for Not Requiring Proof of Vaccination

Dr. Dog at the Rooftop at Pier 17, an outdoor venue that requires proof of vaccination

Starting today, indoor dining, entertainment and fitness facilities in New York City that do not require proof of at least one dose of COVID vaccination from their employees and customers will be fined $1,000. Although Mayor Bill de Blasio's Key to NYC mandated this requirement on August 13, today is the first day that 13 city agencies will be monitoring the transition and imposing penalties for non-compliance. The fines will increase when an establishment is caught repeatedly.

According to the mayor's Emergency Executive Order 228, Section 6j1 reads, in part, that "any person or entity who is determined to have violated the requirements of the Key to NYC Program  shall be subject to a fine, penalty and forfeiture of not less than $1,000. If the person or entity is determined to have committed a subsequent violation of this section within twelve months of the initial violation for which a penalty was assessed, such person or entity shall be subject to a fine, penalty and forfeiture of not less than $2,000. For every violation thereafter, such person or entity shall be subject to a fine, penalty and forfeiture of not less than $5,000 if the person or entity committed the violation within twelve months of the violation for which the second penalty was assessed."

My Morning Jacket at Forest Hills Stadium on September 10; the outdoor venue accepted negative COVID test results for entry

Brittany Howard at Forest Hills Stadium on September 10

Exceptions are in place for particular circumstances. For instance, a non-resident performer can entertain as long as the entertainer wears a mask when within six feet of anyone else. Also, an unvaccinated but masked customer placing or collecting a take-out order can enter briefly. In establishments with both indoor and outdoor services, an unvaccinated, masked customer being served outdoors may enter indoors to use the rest room. Children under age 12 are exempt from the mandate.

Indoor dining, entertainment and fitness facilities in New York City must also have a written implementation plan available to show inspectors. These sites also must display a vaccination-required poster that is clearly visible to staff and customers before they enter indoors. Unvaccinated employees can be assigned to work outdoors only.

Circles around the Sun at the Bowery Ballroom on August 27 performed for a vax-only audience

Mikaela Davis & Southern Star at the Bowery Ballroom on August 27 also performed for a vax-only audience

"This gives every one of the customers the knowledge that they are safe, the employees know they're safe," the mayor said today during his media availability. "It's everyone moving forward to bring our city back. We're seeing great, great response. In fact, I'm hearing a lot from restaurateurs and people who love to go to restaurants, how much safer they feel knowing everyone's vaccinated. So, look, you’re going to be safe wherever you go, movie theater, gym, restaurant, you're going to be safe."

A group of restaurateurs calling itself the Independent Restaurant Owners Association Rescue (LR.O.A.R.), based primarily in Staten Island, rallied a contingent of small businesses and filed a lawsuit with the New York State Supreme Court against the mayor on August 17. The suit calls de Blasio’s executive order unconstitutional, as well as “arbitrary, irrational unscientific, and unlawful.” The lawsuit claims that restaurants and other establishments included in the city’s vaccine mandate were unfairly targeted, while many other local businesses, including grocery stores, pharmacies, hair salons, churches, office buildings, schools, and healthcare facilities, are excluded from the Key to NYC mandate. The 18-page lawsuit can be reviewed here.

Xentrifuge at Xris SMack's Stimulate party at Drom on August 27; even early morning goths had to show proof of vaccination

The God Bombs at Xris SMack's Stimulate party at Drom on August 27

Outdoor venues do not fall under the Key to NYC, yet virtually all local music venues have implemented a COVID-safety policy. Several outdoor venues, including Forest Hills Stadium, are accepting a recent negative COVID test result for ticketholders who cannot produce vaccination documentation. The negative result must be within 72 hours of the event. The promoters of upcoming full-weekend music festivals, including Governors Ball and Rolling Loud, will admit unvaccinated ticketholders who test negative no earlier than Thursday in order to enter the venue through Sunday.

New York City is the first major U.S. city to apply a blanket vaccination-only mandate in public spaces. San Francisco and other U.S. cities are adapting similar regulations, while many states have prohibited such mandates. France and Italy adopted similar policies over the summer. Sajid Javid, the U.K.'s Secretary of State for Health and Social Care, told the BBC yesterday that given the country's high vaccination rate, his country's government will not implement a vaccine passport requirement for visitors of clubs and events; many individual music event promoters have decided to require vaccinations, however.

Milquetoast & Co. at Rockwood Music Hall, Stage 2, on August 25; the venue checked for COVID vaccinations upon reopening and has continued complying with all mandates

The Kyle Lacy Band at Groove on August 28; the venue has indoor seating for the vaccinated and outdoor seating for the unvaccinated

According to the city's health website, 72 percent of New York City adults are fully vaccinated. Manhattan and Queens show the highest rates, at 79 percent.

"For those unvaccinated, you've got to make the move now," added de Blasio. "We cannot let the fact that those who are unvaccinated are, unfortunately, creating the problem. We've got to work with everyone to get them vaccinated. And that's what we're going to keep doing over and over and over again using mandates, using incentives. Key to NYC helps us once and for all to fight off the Delta variant and defeat COVID and move forward as a city."

The Matthew Howels Project at the Red Lion on August 23; the venue resumed checking for COVID vaccinations with the announcement of the Key to NYC

The Jake Walker Trio at the Ear Inn on August 23; for entry to this venue, show proof of age and COVID vaccination to the bartender

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The Manhattan Beat covers New York City's live music developments as they happen. All photographs are by Everynight Charley Crespo, except when noted otherwise. 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 September 2021 calendar.