September 10, 2021 | Newsletter
NYC Office of Nightlife

Dear NYC Nightlife Community,

Beginning Monday, September 13, the City will begin its enforcement of the Key to NYC vaccination mandate program. Key to NYC mandates that indoor entertainment, indoor dining, and indoor fitness establishments check workers and patrons for proof that they have received at least one dose of the COVID-19 vaccination. The Key to NYC website will be updated regularly with new guidance and resources. 

Note that inspectors will be looking for the following four things in their inspections:

  1. The required "Vaccination Required" sign is posted
  2. The required written implementation plan is completed and made available for review on request
  3. Vaccination proof is being checked for all staff and patrons over 12 years of age, and
  4. Personal ID is being checked for all patrons over 18 years of age
To prepare your business for this policy:
1. Place the Vaccination Required Poster for Businesses (PDF) in a place that is clearly visible to people before they enter your business. 
2. Develop a written implementation plan that will be available for inspection.

This should include how you will check the vaccination status of staff and customers before they enter — or immediately after they enter — your business.
Note that written implementation plans are not required to be completed in English. 

The City has released a Key to NYC Written Implementation Protocol Template (MS Word download) that businesses may use to develop their required written implementation protocol. 
3. Become familiar with the accepted proofs of vaccination. 

 
  • NYC Vaccination Record or other official immunization record from within or outside the U.S., including from your health care provider. A photo or photocopy of this card is also acceptable. If you are unable to get this record, call 311.
 
  • NYC COVID Safe App: Android | iOS. You can upload to this app a photo of your CDC vaccination card or other official record, along with your photo ID.
 
  • Excelsior Pass (or Excelsior Pass Plus): To use this app, you will need the phone number or email address associated with your NYC vaccination record. If you are unable to use this app, try one of the other options listed above. 
4. Help your staff get vaccinated.

Consider hanging posters about the COVID-19 vaccines in break rooms and provide information about where to get vaccinated.  
To prepare for this policy as a patron:
Have your proof of vaccination ready to show at indoor dining, indoor fitness, and indoor entertainment establishments. 

The City of New York has published the NYC COVID Safe App: Android | iOS. You can upload to this app a photo of your CDC vaccination card or other official record, along with your photo ID.
Equitable Implementation Guide
Under the Key to NYC Program, people 12 and older will be required to show proof that they have received at least one dose of a COVID-19 vaccine authorized for emergency use by the FDA or WHO for indoor dining, indoor fitness, and indoor entertainment.

The NYC Commission on Human Rights has published guidance on the Equitable Implementation of Key to NYC (pdf) to help inform business of their responsibilities in implementing this new rule.

This guidance addresses how to handle medical and religious exceptions and other special accommodations.

Note that this requirement may not be used as an excuse for businesses to discriminate against anyone who has valid vaccination proof. Everyone has a right to be free from discrimination or harassment. You can learn more about your responsibilities as a business owner under the NYCHRL and sign up for a free workshop at NYC.gov/HumanRights. 
What You Should Know About COVID-19 and EEO Laws 
Section K of the US Equal Employment Opportunity Commission’s website may be helpful for whether you can require vaccinations from potential applicants for employment.
Key to NYC FAQ Document
The City has published a seven-page document with frequently asked questions about the Key to NYC Program, available for download here (pdf).
Key to NYC Webinar
Key to NYC Webinar poster with computer screen showing webinar footage and the text "Watch Now" on purple and yellow geometric background
The Office of Nightlife hosted a Key to NYC multi-agency webinar with representatives from City Hall, NYC Department of Small Business Services, Department of Information Technology and Telecommunications, Department of Health and Mental Hygiene and Commission on Human Rights. If you would like to watch or share with others, you can find it here on Youtube.  
Training Video for Dispute Resolution
Banner for the NYS Covid-19 Pandemic Small Business Recovery Grant Program with black business owner standing in their shop with clothes and potted plants in the background
To help implement the Key to NYC proof of vaccination mandate, NYC’s Center for Creative Conflict Resolution at OATH has produced a training video to help staff with tips and tools for dispute resolution for any resistance they might face.  
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Email: nightlife@media.nyc.gov
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