Questions and Answers Regarding Shutdown in Response to Coronavirus

To provide an informative resource to the public, the following questions and answers and introductory explanatory content has been republished from the State Liquor Authority government website.

At the direction of Governor Cuomo, in order to alleviate the economic hardships faced by our licensees, the SLA has developed new rules to allow for the sale of wine and spirits for delivery and takeout orders for on-premises licensees.

We are receiving several questions from retailers and manufacturers. Below are examples of questions and answers provided to retailers/manufacturers; please check back frequently as we will update as new questions come in.

I operate a tavern with limited food, can I deliver/sell for takeout alcoholic beverages with orders of food consisting of items such as potato chips, pretzels, peanuts, etc.?

Yes, if this is the standard food requirement for your license, you may sell alcoholic beverages for takeout or delivery with these items.

Can I sell mixed drinks for takeout or for delivery sales?

Yes, provided the beverage is placed in a close container. All sales must be consistent with municipal open container ordinances.

Do private clubs, VFWs, Elks Clubs, American Legions, etc., fall under the shutdown for on-premises sales?

Yes, private clubs fall under the shutdown guidelines.

I operate a micro-brewery, farm brewery or brewery, can I sell beer to go without the customer ordering food?

Yes, if the sale takes place on your premises. However, under the new guidelines, while breweries who do not also hold an on-premises license may take orders from persons not at the premises for delivery of beer, these orders for delivery must include food.

I operate a distillery, cidery or winery, can I sell products I produce without the customer ordering food?

You may for sales that occur in person at your premises; for orders from persons not at the premises, these orders for delivery must include food.

I have received orders for food in addition to ten (or more) mixed drinks, is this permissible?

Yes, the guidelines do not include restrictions on the quantity of alcoholic beverages, again provided they are in sealed containers.

A craft manufacturer may currently sell closed containers of its beer, wine, or spirit (depending on license type) for off-premises consumption without an attendant food sale. The guidance released today mentioned that an attendant food sale is required for off-premises sales. Can you confirm that this requirement does not apply to manufacturers who are already permitted to make off-premises sales without an attendant food sale?

The guidance relates to sales that are not made under the current off-premises privileges of your license. So if the sale is to someone not at the licensed manufacturing premises or the sale is of a product not in an original bottle, for example, then food must be included in that sales transaction.

Can a manufacturer launch a website where customers may purchase closed containers of the licensee's beer, wine or spirit for pick up at a scheduled time from the manufacturer's licensed premises?

Yes, this is permissible.

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