Client Alert 
February 19, 2021

NYC Indoor Dining Capacity to Increase to 35% Effective February 26, 2021
Governor Cuomo has just announced that effective next Friday, February 26, 2021, indoor dining capacity may increase to 35%, up from 25%.

This change impacts not only traditional indoor dining spaces, but also sidewalk and curb lane seating structures with three or more sides enclosed, which remain considered “indoor dining.”

Outdoor structures with at least two sides open are still considered “outdoor dining” and not subject to a capacity limit.

As a reminder, restaurants offering indoor dining must post signage stating the maximum number of patrons that may be indoors at any given time. Starting next Friday, that signage should be revised to reflect the increased capacity.

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If you have questions or would like additional information, please contact our Labor & Employment Law Practice Group Leader Amanda M. Fugazy ( or the primary EGS attorney with whom you work.

This memorandum is published solely for the informational interest of friends and clients of Ellenoff Grossman & Schole LLP and should in no way be relied upon or construed as legal advice.