April 19, 2022
On April 9, Governor Kathy Hochul announced that legislation allowing takeout drinks has become law as part of the FY23 State Budget. This legislation allows, for a period of three years, bars and restaurants to sell alcoholic beverages “to-go” for off-premises consumption under appropriate limitations.
Requirements
- You must sell a substantial food item along with the purchase of alcohol. A substantial food item is defined as sandwiches, soups or other foods, whether fresh, processed, precooked or frozen. Other foods are foods which are similar in quality and substance to sandwiches and soups; for example, salads, wings, or hotdogs would be of that quality and substance; however, a bag of chips, bowl of nuts, or candy alone are not. Obvious efforts to circumvent the law, for example an unreasonably small portion of soup, a serving of canned beans, a handful of lettuce, or charging a small extra fee for an alcoholic beverage in lieu of a food item not actually ordered or delivered will be treated as a violation of the law.
- You may not sell a bottle of liquor or wine. A bottle is defined to mean the wine and/or liquor that the retailer purchases from a wholesaler in a bottle, box, can, or other similar container. Obvious efforts to circumvent the law, such as transferring the contents of a bottle of wine or liquor to a same or equivalent bottle, will be treated as a violation of the law.
