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Masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement, Hochul said.
The new business and venue requirements extend to both patrons and staff. The measure is effective Monday, Dec. 13, until Saturday, Jan. 15, when the state will re-evaluate based on current conditions.
"I share New Yorkers’ frustration that we are not past this pandemic, but the winter surge is here and we must take action," Hochul said on Friday morning, Dec. 10.
The State Health Commissioner issued a determination solidifying the requirement.
A violation of any provision of the measure is subject to all civil and criminal penalties, including a maximum fine of $1,000 for each violation. Local health departments are being asked to enforce these requirements.
The determination is based on the state's weekly seven-day case rate as well as increasing hospitalizations. The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations.
"As governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy," Hochul said. "The temporary measures I am taking today will help accomplish this through the holiday season.
"We shouldn't have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal, and I share many New Yorkers' frustration that we are not past this pandemic yet.
"I want to thank the more than 80 percent of New Yorkers who have done the right thing to get fully vaccinated. If others will follow suit, these measures will no longer be necessary."
Since Thanksgiving, the statewide seven-day average case rate has increased by 43 percent and hospitalizations have increased by 29 percent.
While the percentage of New Yorkers fully vaccinated continues to increase — gaining 2 percent from Thanksgiving weekend to now — the uptick is not fast enough to completely curb the spread of the virus, particularly among communities with low vaccination coverage.
Businesses and venues that implement a proof of vaccination requirement can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card.
With the CDC's definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual's last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine).
The state also accepts WHO-approved vaccines for these purposes. Parents and guardians can retrieve and store an Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal guardianship.
Businesses and venues that implement a mask requirement must ensure all patrons two years and older wear a mask at all times while indoors.
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