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SLA Clarifies 10 pm Curfew

By Pesetsky & Bookman

Today the State Liquor Authority sent an email to all liquor license holders covering a few topics, including the 10:00 pm curfew for bars and restaurants.

Importantly, the agency clarified that the intent of the Governor's recent executive order imposing a 10:00 pm curfew - and the way that it will be enforced - is as follows: 

  • All bars and restaurants licensed by SLA must cease all indoor and outdoor dining activities by 10 pm daily.  This does not mean that "last call" may be 10:00 pm, or that customers may linger after 10:00 pm while they pay their bill.   The rule is that all customers must be out by 10:00 pm.  
  • Alcoholic beverages may not be sold for delivery or pickup after 10:00 pm.
  • Food and non-alcoholic beverages may be sold for delivery or pickup from an outdoor pickup window (no indoor pickup) after 10:00 pm.

FULL EMAIL BELOW:

License Holder,

10 P.M. Curfew for Bars, Restaurants and Liquor Stores – Effective November 13, 2020 We are writing to thank you for remaining vigilant in complying with the important COVID-related public health requirements, and to remind and reaffirm to you that pursuant to Executive Order 202.74, effective Friday, November 13, 2020, New York State has imposed a new, statewide 10:00 PM curfew related to food and beverage service due to the COVID-19 pandemic.

ON PREMISES SERVICE: All licensees with on-premises privileges (e.g. restaurants, taverns, clubs, catering halls, manufacturers with tasting rooms, etc.), must cease all on premises service (indoors or outdoors) of food and beverage at or before 10:00 PM daily. All such licensees must also ensure no consumption of food and beverage (indoors or outdoors) after 10:00 PM and that no patron remains in or enters into any interior portion of your premises at or after 10:00 PM. Licensees with on premises privileges may still provide food and non-alcoholic beverages for curbside or take-out window pickup or for delivery after 10:00 PM. Alcoholic beverages may not be sold for pick up or delivery at or after 10:00 PM, daily. No patrons should be at a licensed premise after 10:00 PM for any reason other than to pick up food or non-alcoholic beverages, and then only from an exterior point on the premises. Businesses may reopen for on premises service at 5:00 AM daily, and may resume alcohol sales based on the hours in the county where they operate, or the hours stipulated under the approved license – whichever is later. See county opening hours here.

LIQUOR AND WINE STORES: Additionally, all liquor stores and wine stores must cease all off-premises sales (including delivery and pickup) and close by 10:00 PM daily. Liquor and wine stores operating in counties where the county has restricted the closing hours earlier than 10:00 PM. must continue to abide by these further restrictions. See county closing and opening hours here.

The SLA has created guidance, in addition to a list of frequently asked questions that can be found here. Additionally, licensees with questions are encouraged to reach out to the SLA at web.master@sla.ny.gov

HOT SPOT ZONES: Please finally note that various areas throughout the state are subject to additional restrictions based on the micro-cluster strategy for restrictions. For more information on the restrictions and to find out if your establishment is in a Cluster Zone, please check the New York Forward page here.

Please enjoy a safe and healthy holiday season.

Regards, New York State Liquor Authority


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