As of April 11, 2022, there have been significant changes to the New York State Alcoholic Beverage Control Law regarding the delivery of alcoholic beverages. These changes have introduced new privileges for on-premises licensees, allowing them to offer liquor and wine “Drinks To-Go” for both take-out and delivery.
Previously, the sale and delivery of alcoholic beverages in New York were heavily restricted, with strict regulations in place to ensure responsible consumption and prevent underage drinking. However, the COVID-19 pandemic brought about a need for alternative methods of serving customers, and the state responded by implementing temporary measures to allow for alcohol delivery and take-out options.
Under these new provisions, on-premises licensees, such as bars and restaurants, are now able to offer their customers the convenience of ordering alcoholic beverages for take-out or delivery. This means that customers can enjoy their favorite drinks from the comfort of their own homes, without having to physically visit the establishment.
It's important to note that these privileges are specifically granted to on-premises licensees, and not all establishments are eligible to offer alcohol delivery. Additionally, there are certain requirements and guidelines that must be followed to ensure compliance with the law.
Here are some key points to understand about the legality of alcohol delivery in New York:
1. On-premises licensees: Only businesses with an on-premises license are permitted to offer alcohol delivery and take-out options. This means that establishments such as bars, restaurants, and breweries that hold this type of license are eligible to participate.
2. Drinks To-Go: The new law allows for the sale of liquor and wine for off-premises consumption. However, it's important to note that the sale of beer and cider for off-premises consumption was already permitted prior to these changes.
3. Delivery restrictions: There are certain restrictions in place regarding the delivery of alcoholic beverages. For example, deliveries must be made by employees of the licensed establishment and not by third-party delivery services. Additionally, deliveries must be made in sealed containers and must be accompanied by a receipt that includes the name and address of the licensee.
4. Licensing requirements: On-premises licensees must ensure that they have the appropriate licensing in place to offer alcohol delivery and take-out options. This includes obtaining the necessary permits and adhering to any additional requirements set forth by the state or local authorities.
5. Age verification: As with any sale of alcoholic beverages, it is crucial to verify the age of the customer when delivering alcohol. This is especially important for online or phone orders, where the customer's age may not be readily apparent. Establishments must take reasonable steps to ensure that alcohol is not delivered to individuals who are under the legal drinking age.
It is worth mentioning that these provisions were initially implemented as temporary measures in response to the COVID-19 pandemic. However, they have since been extended and made permanent, allowing on-premises licensees to continue offering alcohol delivery and take-out options even after the pandemic.
Personally, as a sommelier and brewer, I have witnessed the impact of these changes in the industry. Many establishments have embraced the opportunity to offer alcohol delivery and take-out options, as it provides a new revenue stream and allows them to reach a wider customer base. It has also offered customers the convenience of enjoying their favorite drinks from the comfort of their own homes.
The legality of alcohol delivery in New York has evolved, and on-premises licensees now have the privilege to offer “Drinks To-Go” for take-out and delivery. However, it's crucial for establishments to understand and comply with the specific requirements and guidelines set forth by the state and local authorities to ensure they are operating within the legal boundaries.