NYS Alcoholic Beverage Control Law:

Question:  Can I bring my own bottle of booze to a restaurant?

Answer:  Bring your own bottle, is often referred to as B.Y.O.B.  In order for an establishment owner to allow their customers to B.Y.O.B for consumption, they must have a valid New York State Liquor License.  New York’s ABCL Art. 5, Sec. 64B is clear that in order to serve or sell any alcohol a license or permit is absolutely necessary otherwise it is unlawful to do so. 

Question:  Is there any exception to the B.Y.O.B. Law?

Answer:  Yes, an establishment with fewer than 20 seats. 

Question: Can you B.Y.O.B to an establishment which has a valid New York State Liquor License?

Answer:  An establishment with a NY State Liquor License may allow its patrons to B.Y.O.B. 

Question: If I bring my own bottle of wine to a restaurant, can owner charge a corkage fee?

Answer: Nothing in the ABCL would prohibit such a fee.

Question: Can an owner of an establishment “give” away alcohol?

Answer: Giving away alcohol is a violation of New York’s ABCL. 

Question: Can an establishment offer unlimited drink or 2 for 1 drink specials?

Answer:  Under New York’s ABCL 117-a, establishments are prohibited from selling, serving, delivering, or offering patrons unlimited drink specials during any set period for a fixed price.  The statute even covers those establishments that get creative and attempt to circumvent the law.  This includes, but is not limited to free drinks, multiple drinks for the same price, etc.

Answer: 2 for 1 drinks or “basket” or “gift baskets” specials, etc, are permitted under the ABCL, as long as the price is not less than ½ of the regular price.  For example, if the regular price of draft beer is $2.50, and the establishment sells draft beer during a sports event for a $1.00, then this would be a violation of New York’s ABCL.  However, if the draft special was $1.25, then under this scenario there would be no violation.

Question: Can I advertise food and drink specials on sites, such as Groupon?

Answer:  Maybe, on October 5, 2011, a Declaratory Ruling, 2011-03001, was issued by the NY SLA, which under the specific facts and limited circumstances, an establishment may participate with on-line coupon service. http://www.sla.ny.gov/system/files/dec-rule-201103001-102111.pdf

Question: Can an establishment allow gambling on their premise?

Answer: No. NY ABCL 106 prohibits gambling in establishments licensed for the retail sale of alcoholic beverages for on-premise consumption.

Question: What constitutes gambling under NY ABCL 106?

Question:  Does the NY ABCL cover returns of alcoholic beverages?

Answer:  Yes, retailers licensed to sell liquor for off premise consumption may, at their discretion, exchange or refund unopened alcohol from only their customers.

Question:  I am hosting a function and for convenience I would like to serve my customers from a service cart and setup a second bar for serving and paying the alcohol, is this permissible?

Question:  I recently added an outside cooler to store alcohol; do I need to notify the SLA?

Answer: Yes, any change must be approved by the SLA and until it is approved you may not store any alcohol in your new cooler. 

Question:  I purchased a corporation who holds an on-premise liquor license; do I need to notify the SLA?

Question:  Can I close my kitchen at 10:00 and send my kitchen staff home, even though my bar is open until 2:00 am?

Answer:  No, as long as you are open you must have the kitchen open and serving the usual assortment of meals that you regularly serve during the day.   The service of sandwiches, salads or having food delivered to your facility is not sufficient or permissible.

Question:  What does the color of a liquor license mean?

Answer:  Licenses are color coded depending on what establishment is and what it is licensed to serve.  In 2008 the SLA instituted a color coding system of On Premises licenses: Olive for a Restaurant Wine Establishment, Red for a Nightclub or Cabaret, Purple for Mixed Use and Blue for all others.  The purpose behind color coding the licenses was to provide an easily identifiable way to for everyone to know how the establishment is licensed.

Question: What other type of information is contained on the liquor license?

Answer:  In addition to the basic information the license also lists the “Method of Operation” for the premise, which includes days and hours of operation, if you are permitting dancing and live music and if your patio or outside area is licensed. 

For more information and links for the following topics, please visit my website:
1.  New Enforcement Changes for Sales to Minors,
        http://www.sla.ny.gov/system/files/changes-sale-minor-011312.pdf

2.  February 21, 2012, SLA launches a new Geographic Information System (GIS).
        http://lamp.sla.ny.gov/nysla/index.htm

3.  Municipal Notification Changes – effective September 27, 2011.
        http://www.sla.ny.gov/municipal-notification-changes-effective-immediately-09272011

4.  New Temporary Retail Permits for locations without a current license.
        http://www.sla.ny.gov/temporary-retail-permits

5.  ADVISORY OPINION 2012-1, issued February 1, 2012, regarding the 180 day Beer Manufacture, Wholesalers and retailers pricing law.
        http://www.sla.ny.gov/system/files/2012-180-Day-Law.pdf

For more information, to schedule an appointment or to submit an inquiry, please visit my website at www.attorneypecoraro.com. 

Anthony S Pecoraro
5500 Main Street, Suite 100
Williamsville, New York 14221
716-923-7490

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