Assembly Resolution No. 169

BY: M. of A. Barclay

CONCURRENT RESOLUTION OF THE SENATE AND THE ASSEMBLY
terminating the provisions of Executive Order number
202.74 issued by the Governor pursuant to section
29-a of the Executive Law

WHEREAS, the Governor was given the authority pursuant to Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute, local law, ordinance, order, rule, or regulation, or parts
thereof, of any agency during a state disaster emergency if compliance
with such statute, local law, ordinance, order, rule, or regulation
would prevent, hinder, or delay action necessary to cope with the
disaster emergency or if necessary to assist or aid in coping with such
disaster, and to issue any directive during a disaster emergency
necessary to cope with the disaster; and

WHEREAS, Executive Order number 202.74 of 2020 temporarily suspended
or modified, and directed:

Executive Order 202.3, as extended, and Sections 105 and 106 of the
Alcoholic Beverage Control Law, to the extent necessary to require that:
all businesses that are licensed by the State Liquor Authority under
sections 63 and 79 of the Alcoholic Beverage Control Law ("liquor
stores" and "wine stores") shall cease all off premises sales and close
at or before 10:00PM, and shall not reopen before existing county
opening hours permit, and; all businesses that are licensed by the State
Liquor Authority for on premises service of alcoholic beverages, shall
cease all on premises service and consumption of food and beverages
(including alcoholic beverages), inside or outside, at or before 10:00PM
and shall not reopen before the later of any stipulated opening hours or
existing county opening hours permit; further, to-go and delivery
service of food, and non-alcoholic beverages only, may continue at such
business licensed for on premises service until the earlier of any
stipulated closing hours or existing county closing hours permit.

All restaurants, irrespective of whether such restaurant is licensed
by the State Liquor Authority, shall cease in-person dining at 10:00PM,
but may continue curbside takeout and delivery service after 10:00PM so
long as otherwise permitted, and may reopen no earlier than 5:00AM.

Any gym or fitness center shall cease operation and close to the
public at 10:00PM, and cannot reopen until 5:00AM.

The directive contained in Executive Order 202.45, as extended, which
amended the directives in Executive Order 202.42, 202.38, and 202.10,
that limited all non-essential gatherings to allow gatherings of 50 or
fewer individuals for any lawful purpose or reason, is hereby modified
only insofar as to further limit non-essential private residential
gatherings to 10 or fewer individuals for any lawful purpose or reason,
provided that social distancing, face covering, and cleaning and
disinfection protocols required by the Department of Health are adhered
to.

WHEREAS, the State Legislature has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of the
Executive Law; now, therefore, be it

RESOLVED, (if the &HOUSE concur), that Executive Order number 202.74
of 2020 making such temporary suspensions and modifications and issuing
such directives are hereby terminated.