Earlier today, Governor Cuomo announced new guidance restricting alcohol sales in New York. The new restriction requires a meal to be ordered along with the sale of any alcoholic beverage.
Additional guidance was released this evening by the New York State Liquor Authority to clarify Gov. Cuomo’s announcement. Specifically, the guidance provides the following clarification:
- The purpose of the requirement that food be sold with alcohol is to permit outside and limited indoor dining (outside of New York City), with alcoholic beverages, while restricting the congregating and mingling that arise in a bar service/drinking only environment. Accordingly, this SLA Guidance defines the relevant terms in Executive Order 202.52 as follows:
- “Purchase of a food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean that for each patron in a seated party, an item of food must be purchased at the same time as the purchase of the initial alcoholic beverage(s).
- However, one or more shareable food item(s) may be purchased, so long as it/they would sufficiently serve the number of people in the party and each item would individually meet the food standard below.
- “A food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean:
- For manufacturers with on premises service privileges: sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or food items intended to compliment the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed, including but not limited to: cheese, fruits, vegetables, chocolates, breads, mustards and crackers
- For on premises retailers with a food availability requirement, including restaurants and taverns: sandwiches, soups or other foods, whether fresh, processed, precooked or frozen.
More information can be found at https://sla.ny.gov/guidance-requirement-licensees-premises-service-privileges-serve-food-alcoholic-beverages . The IDA will provide additional information as soon as it becomes available.