The Order requires closure of all common portions of retail malls that have 100,000 square feet or more of retail space (leased or available). The Order provides an exception for stores and restaurants that have external entrances, provided that access to the common portions of the mall are closed and locked. Other restrictions on retail and restaurant operations remain in place (e.g., restaurants may remain open only for take-out or delivery).
NYC Executive Order 103 also bars “non-essential” gathering of individuals of any size, citing the purpose of avoiding congregation of people in public places. This is in addition to the existing bar issued by Governor Cuomo in Executive Order 202.10, which prohibits “non-essential gatherings of individuals of any size for any reason” until April 22, 2020.
For more guidance on what is considered “essential” and permitted restaurant operations, see our prior alerts below.