April 22, 2020 Revised Guidance on “Essential” Recreation Activities
KEEPING YOU INFORMED…
The New York Empire State Development Corporation (ESD) has recently updated its Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction under Recent Executive Orders, which is available at https://esd.ny.gov/guidance-executive-order-2026. The latest revision modifies existing restrictions on recreation, specifically regarding non-municipal golf courses and marinas.
Golf courses now have flexibility to permit golfers to access courses pursuant to limited circumstances in which: “there are no gatherings of any kind and appropriate social distancing of six feet between individuals is strictly abided.” Golf courses may continue to have individuals perform the essential services set forth in paragraph “5” of the Guidance; e.g., trash and recycling collection and landscaping for maintenance (not cosmetic) purposes. The revised Guidance expands upon these essential services by also including groundskeeping to avoid hazardous conditions and security. As a result, golfing is now permitted as long as the player remains at least six feet away from others, wears a face covering and is responsible for his/her own bag/clubs and the like.
The provision on marinas has been revised to designate them as essential in the following instances:
Marinas, boatyards, and recreational marine manufacturers, for ongoing marina operations and boat repair/maintenance,
where such facilities adhere to strict social distancing and sanitization protocols. Use of such sites for the purposes of
personal use or operation of boats or other watercraft is permissible, provided that no establishment offer chartered
watercraft services or rentals. Restaurant activity at such sites [is] limited to take-out or delivery only.
Given this more detail description, “marine vessel repair and marinas” has been removed from the general list of “essential services.” This is a non-substantive change that simply eliminates a redundancy.
The Guidance continues to provide that, “State and local governments, including municipalities, authorities, and school districts are exempt from the essential business reductions.” In other words, municipalities may continue to determine which of their own services are essential. Municipalities may, but are not required to, rely on the Guidance when making those determinations.
Please contact Alyson Mathews or one of our other attorneys by calling (631) 694-2300 if you have any questions regarding the revised Guidance on essential recreation.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2020