Production Activity on Public Property in New York City During the

Production Activity on Public Property in New

York City During the COVID-19 Pandemic

Note: This FAQ is current as of December 23, 2021. This is a

rapidly changing situation and the Mayor’s Office of Media and

Entertainment (MOME) will be updating this FAQ to reflect the

latest information available. Please check MOME’s website

(www.nyc.gov/mome) and nyc.gov/health/coronavirus frequently

for updates. Where there is a discrepancy between this FAQ and

more current guidance, the more current guidance applies.

A. HEALTH AND SAFETY REQUIREMENTS

Q1: What are the current legal requirements for COVID-19

vaccinations in New York City?

A: As of December 27, 2021, in New York City, employees who work

in-person at private sector businesses must have received at least

one dose of a COVID-19 vaccine and employers must check for

proof. For more information, please visit the

NYC Health

Department’s webpage and read the summary of the requirements in

the flyer for business owners. The following are important links:

• Order of the Commissioner of Health and Mental Hygiene to

Require COVID-19 Vaccination in the Workplace (December

13, 2021)

• Guidance and a Checklist for Accommodations for

Workers who say that their religion or medical condition

prevents them from getting vaccinated.

• An employer must post the following form in a conspicuous

place in their workplace: Affirmation of Compliance with

Workplace Vaccination Requirements

• Guidance for Employers on Equitable Implementation of

COVID-19 Vaccine Requirements helps businesses make sure

they are not discriminating against an employee.

• Frequently Asked Questions

Non-Resident Performing Artists: Non-City residents who are

performing artists and individuals who are accompanying such

performing artists who are exempt under the

Key to NYC Program—

such performing artists and individuals are not required to provide

proof of vaccination under the

Order of the Commissioner of Health

and Mental Hygiene to Require COVID-19 Vaccination in the

Workplace (December 13, 2021), but an employer may opt to require

proof of their vaccination to keep coworkers safe.

Q2: Where can my employees, cast, and crew get vaccinated or

a booster shot in New York City?

A: Visit the NYC Vaccine Finder

for a list of convenient locations.

Q3: What are the current legal requirements about masks/face

coverings in New York City?

A: As of December 13, 2021, masks/face coverings must be worn by

everyone over the age of two in all indoor public places in New York

State (including New York City) unless the business or venue has

implemented a requirement that all individuals be fully vaccinated,

according to an order of the NYS Department of Health

. There is an

exception for people who are unable to medically tolerate a

mask/face covering.

• “Indoor public place” means “any indoor space that is not a

private residence.”

• “Fully vaccinated” means 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. Please refer to the State’s

Frequently Asked Questions and posters for businesses

for

more information.

Businesses and venues may opt to require both masking and proof of

vaccination.

NYC Department of Health Commissioner Chokshi

issued an advisory to strongly encourage all individuals, regardless

of vaccination status, to wear a mask when indoors and in a public

setting in New York City. The advisory applies to individuals over the

age of two years who are able to medically tolerate wearing a mask.

The advisory does not apply in cases where an individual is

actively performing an activity that cannot be done while

wearing a face covering such as actively eating or drinking or

performing, including playing music, delivering a speech, and

acting in a theater.

Reminder: Masks are

required on public transit and at indoor train

stations, regardless of vaccination status. And New York State

mandates universal mask requirements at NYS-regulated child care

facilities, residential congregate programs, and certain other NYS-

licensed or NYS-regulated facilities.

Q4: Does the Mayor’s Office of Media and Entertainment have

any special rules about masks/face coverings with respect to

film permits?

A: No. Follow the State rules.

Q5: Do I have to offer masks/face coverings to employees at my

expense?

A: Yes. See

Title 10, Section 2.60 of the NY Codes, Rules, and

Regulations.

Q6: Are City government employees (e.g., MOME Field Reps,

NYPD Officers) required to wear masks/face coverings when

they come to my set?

A: Yes, City government employees are required to wear masks/face

coverings when interacting with the public, whether they are inside or

outside, pursuant to

Directive No. 2020-1 of the Department of

Citywide Administrative Services Commissioner (Sept. 13, 2021).

Q7: Are City government employees (e.g., MOME Field Reps,

NYPD Officers) required to be vaccinated when they come to my

set?

A: As of September 13, 2021, City government employees are

subject to a mandatory vaccination requirement, pursuant to

Executive Order 78

(Aug. 31, 2021).

B. MOME FILM PERMITS

Q1: Is the MOME Commissioner’s Directive that limited the

number of people on set and imposed other safety requirements

still in effect?

A. No. All MOME Commissioner’s Directives were repealed on July 7,

2021.

Q2: Are streets with Open Restaurants off limits for filming?

A: No, but pursuant to NYC Department of Transportation

requirements, permit activity must be at least 15 feet away from Open

Restaurants. MOME may impose additional limits on filming near

Open Restaurants to make sure it is safe and does not interfere with

activity of the restaurant.

Q3: Are streets designated for Open Streets off limits for

filming?

A: Streets designated for Open Streets are off limits for filming on the

days that the Open Street is in effect.

Q4: Are there any general restrictions on parking or the use of

both sides of the street?

A: Film Permits may provide for held parking for equipment vehicles

on one side of each approved block, including roadways adjacent to a

film production facility, in MOME’s discretion. Film Permits may

provide for held parking for picture on both sides of one approved

block for each exterior practical location. Final approval is at MOME’s

discretion.

Q5: Are there any general restrictions on craft services on public

property?

A: No craft service activities, including tents, tables, and chairs, on

sidewalks or curb lanes anywhere; however, food trucks may be

permitted. (No buffet-style catering or craft services is allowed on any

outdoor public property.)

Q6: Where can I find New York City’s regulations covering Film

Permits?

A: The regulations covering film permits are in

Title 43, Chapter 9 of

the Rules of the City of New York (43 RCNY Chap. 9) and additional

requirements are in the Code of Conduct.

Q7: Why did MOME deny a request in my Film Permit

application?

A: MOME has authority to deny a Film Permit application for any

reason listed in 43 RCNY section 9-02(b)(7); MOME staff has the

discretion to deny a permit application (or require a change to a

permit application) if any of those reasons exist.

43 RCNY section 9-02(b)(7) provides that MOME may deny a permit

if any one or more of the following issues exists:

a. conditions exist that may pose a danger or a threat to

participants, onlookers or the general public;

b. the location sought is not suitable because the proposed use

cannot reasonably be accommodated in the proposed location;

c. the date and time requested for a particular location is not

available because (i) a Film Permit has previously been issued

for such date and time, or (ii) the location, date, and time has

already been requested by another applicant, or (iii) another

City agency has issued a permit for such date or time;

d. MOME has concluded, based on specific information, that the

applicant is unlikely to comply with the material terms of the

requested permit;

e. use of the location or the proposed activity at the location would

otherwise violate any law, ordinance, statute or regulation;

f. use of the location would interfere unreasonably with the

operation of City functions.

Q8: If I have questions about this FAQ, who may I contact for

help?

A: Please call the Film Office at (212) 489-6710.