State Mask Mandate: Enforcement Has Begun

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We hate to sound like a lawyer, but when asked the question from a member, “Do they have to comply with the State Mask Mandate?” our answer is “it depends”.

We will try and explain.

Until Monday, all dealers must comply with the State’s Mask Mandate. Beginning next week, if you are a dealer whose business is located outside of New York City, the answer will remain an emphatic Yes!

In many of the other counties
outside NYC, auditing for mask mandate compliance, which became effective last Monday, has already begun. Dealers have informed us that inspectors from the Department of Health and other agencies have visited their dealerships to ensure customers and staff are in compliance with the mandate.

The Governor’s mask mandate provides 2 options:

  1. 100% of people in the dealership are vaccinated;
    -or-

  2. Everyone inside the dealership must wear masks.

Dealers must either have a policy requiring that everyone who enters the dealership is fully vaccinated or is wearing a mask.

NOTE: It is not permissible to have a policy that allows some people who are vaccinated to not wear face coverings and unvaccinated people to wear masks. Once someone is in the dealership that is not vaccinated or is unable to be vaccinated, dealers must ensure everyone wears a mask in order to comply with the State’s mandate.

Download Mask Mandate Sign

What should dealers do now?

  • Immediately, institute a mask requirement and enforce the policy or implement a full-course vaccination policy and follow it.

  • Train staff about the dealership’s policy and designate an individual or individuals at the dealership to be responsible for making sure everyone is in compliance.

  • If your dealership is visited by an inspector, ask them for ID, copy or write down their name and the agency they are from. Note the date and time of the inspection.

  • Take notes about the specific inquiries of the inspector.

  • Only show the inspector what has been asked for and only answer questions asked.

Penalties
According to the State’s FAQs, the maximum civil penalty is a $1,000 fine.
The FAQs can be found by clicking here.

NYC Dealers
If your dealership is located in the 5 boroughs of NYC, please click on this link for how to comply with the City’s COVID-19 requirements which become effective on Monday, December 27th.

Please contact the dealer hotline at 718.746.5900 with any questions about compliance with the New York State Mask Mandate.
December 21, 2021