Amendments to the Alcoholic Beverage Control Law
On March 16th, 2023, New York State lawmakers approved a new budget that includes four significant amendments to the Alcoholic Beverage Control Law (ABC Law), such as allowing on-premises licensees to provide drinks-to-go, permitting food trucks to operate on farm manufacturers' premises, and authorizing the use of emails for municipal/community board notifications.
Below is a Concise Overview of Amendments to the ABC Law:
Authorizing, for a period of three years, restaurants and bars licensed to sell liquor or wine for on-premises consumption. (Elaborated Below)
If the municipality or community board chooses to accept email notifications, applicants are given the option to fulfill the legally mandated notice requirement by email.
When a police officer serves as an officer of veterans service organizations, like Veterans of Foreign Wars and American Legion Posts, they are permitted to acquire licenses.
Permitting farm manufacturers more flexibility by allowing food trucks or other such businesses to operate on their premises.
Allowing liquor and wine stores to remain open on Christmas Day, should they choose to.
One of the most important changes in the Amendment allows for on-premises licensees to sell alcohol for off-site consumption, subject to meeting the following criteria:
Any purchase for take-out or delivery must be accompanied by a purchase of a substantial food item;
The alcoholic beverages are packaged in a container with a secure lid or cap sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal;
Beverages purchased for take-out or delivery are subject to any applicable state and municipal open container laws, rules, regulations, or ordinances.
Takeout and delivery of alcoholic beverages may only occur during licensed hours of operation of on premises retailers in the county in which the licensed premises are located or, if different, the hours of operation set forth in the licensee's method of operation with the authority;
The price per serving shall be the same as if consumed on premises and shall not be sold as part of any promotion or special unless such promotion or special is also available for consumption on premises; and further provided each serving shall be available only in the same manner as available on premises;
Deliveries made via motor vehicle must only be made under the conditions of:
A vehicle permitted by the authority pursuant or in a vehicle owned and operated, or hired and operated, by the licensee or its employee.
Provided further that a copy of the permit or license must be present in any vehicle while making deliveries.
Delivery must be to a residential address, and only to a person who is twenty-one years of age or older at that residence and who is not at the time of delivery, intoxicated.
Delivery must be at a residential address.
Delivery drivers must require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification.