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NY’S TO-GO COCKTAIL LAW IS SET TO EXPIRE. GOV. HOCHUL WANTS TO MAKE IT
PERMANENT.



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By
Jon Campbell

Published Feb 15, 2024 at 1:19 p.m. ET

4 comments

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Photo by Noam Galai/Getty Image

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By
Jon Campbell

Published Feb 15, 2024 at 1:19 p.m. ET

4 comments

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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

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Jon Campbell
Twitter

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 jcampbell@wnyc.org or Signal
518-210-7087.

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