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NY’s to-go cocktail law is set to expire. Gov. Hochul wants to make it permanent.
By
Jon Campbell
Published Feb 15, 2024
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Photo by Noam Galai/Getty Image
By
Jon Campbell
Published Feb 15, 2024
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New York could become the 21st state to permanently allow bars and restaurants to sell to-go cocktails if Gov. Kathy Hochul has her way.
The Democratic governor will propose a permanent extension of the state’s current to-go alcohol law — which is scheduled to expire next year — on Thursday as part of a series of amendments to her $233 billion budget proposal, her office told Gothamist.
In a statement, Hochul said to-go cocktails have been “wildly successful for bars, restaurants and everyday New Yorkers.”
“It's long overdue to permanently legalize to-go drinks, and in this year's budget we're going to get the job done,” she said.
The sale of drinks with to-go orders became popular during the early days of the COVID-19 pandemic, when bars and restaurants had to close their doors to dine-in patrons. Then-New York Gov. Andrew Cuomo allowed carry-out drinks until his pandemic-era emergency powers expired in June 2021.
Hochul and state lawmakers approved a law in 2022's budget allowing the sale of cocktails and glasses of wine with to-go food orders. But that law came with an expiration date in April 2025.
Restaurant and bar owners hailed the law at the time, saying their customers came to love the idea of to-go drinks during the pandemic. But liquor store owners argued against it, claiming it would allow bars and restaurants to encroach on their turf.
At least 20 states have permanently enacted laws allowing to-go cocktails since the start of the pandemic, according to the National Restaurant Association, which calls it the “most significant change to state alcohol laws since the end of Prohibition.” Another 14 states, including New York, enacted temporary laws.
Andrew Rigie, executive director of the New York City Hospitality Alliance, which represents the city’s restaurant industry, said to-go drinks were “critically important during the pandemic.”
“It’s been great for consumers and important for restaurants alike ever since, so making this popular policy permanent makes sense, and is something we can all cheers to,” he said.
Under New York’s current, soon-to-expire law, customers must buy a “substantial food item” in order to also purchase liquor or wine to go. The cocktail or glass of wine must also be sealed in some way, such as with a lid or a cap. And bars and restaurants can’t sell full bottles of liquor or wine to go.
The state considers things like soups, sandwiches, salads, chicken wings and hot dogs to be “substantial.” But items like bags of chips, some candy or a “handful of lettuce” aren't allowed.
Hochul and state lawmakers will negotiate the issue as part of state budget talks. A final budget is due by the end of March.
Tagged
new york state
bars
new york city
Kathy Hochul
Politics
restaurants
Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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