Temporary Legalization of To-Go-Alcohol
Governor Kathy Hochul signed the New York restaurant law on to-go-alcohol on April 12, 2022. As part of the 2023 fiscal budget deal, restaurants and bars have temporary legalization for to-go-alcohol.
Details of the Restaurant To-Go-Alcohol Law
According to Restaurant Dive the underlying reason for passing the law was to “modernize and simplify the state’s alcohol laws and regulations.” The law stays in effect for three years, through 2025. This means that the sale and delivery of to-go-alcohol is legal for the next three years.
Who does the law apply to?
The law applies to restaurants and other retail license holders selling alcohol on their premises. Even so, the law requires customers also to buy a “substantial food item.” In addition, sales can only take place during the restaurant’s regular hours of operation.
The history behind the new law
In an effort to support restaurants and bars during the Covid-19 pandemic, former Governor Cuomo allowed them to serve to-go drinks. At that time, restaurants had to serve food along with the to-go beverages. This was helpful because the pandemic caused a number of eateries to close permanently. As the pandemic ended, the temporary order eventually expired.
What qualifies as a substantial food item?
The State Liquor Authority (SLA) considers the following to be substantial items:
- Soups
- Sandwiches
- Salads
- Chicken wings
- Hot dogs
Items that would not be substantial include chips, bar nuts and candies.
Furthermore, SLA guidance takes into consideration the serving size of substantial items. A small portion of soup, a side of green beans or handful of lettuce would not qualify as substantial. (Reference: Timeout.com)
Do you have questions about new restaurant laws?
If you have questions about how employment laws affect your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.