Published on:

NYC Liquor License Lawyer Guest Q&A: Is your on premises liquor establishment allowed to deliver beer or wine with a food delivery order and is BYOB legal in New York State under any circumstances?

We are pleased to continue our guest blog series on questions about the New York State liquor license. Our Westchester County and New York Lawyers have helped many applicants ranging from restaurants to liquor stores resolve various issues related to their liquor licenses as well as obtain their liquor license in an expedited manner.

above-the-bar-logo.jpgFAQ: I own a restaurant with an on premises liquor license. I receive a large number of take out orders from my customers, some of whom would like to order wine or beer with their food. Is my restaurant allowed to deliver wine or beer with food?

If you have an on premises liquor license, you may deliver beer in containers with the food as long as the food order was received at the licensed premises. The order may be placed in person, by fax, or by telephone but must be placed at the premises. Although beer may be sold for off premise consumption, liquor and wine may only be consumed on the premises. The SLA prohibits the sale of wine or liquor for take out or delivery.

FAQ: Many of my restaurant patrons have asked me if they can bring their own liquor to the restaurant? Is BYOB, or bring your own bottle, allowed in New York State under any circumstances?

Although many restaurants permit their customers to bring their own bottle, they are breaking the law unless the alcohol they permit to be brought in is covered under their license and permitted to be brought in by the liquor license holder. In other words, if you don’t have a liquor license to serve alcohol, your customers cannot bring in their own alcohol to consume on your establishment premises.

An important consideration to keep in mind is that if you are a new restaurant or an establishment that has just opened and has applied for a liquor license, you cannot allow your customers to bring alcohol during the time that you are waiting for your license. Doing so could put your application at risk of being delayed or rejected. Call our attorneys to learn how we can expedite the approval of your liquor license.

ABC law does provide one exception to this rule. If a building inspector has promulgated that your restaurant’s maximum capacity is less than 20, then your establishment is exempted from the law prohibiting your customers from bringing in their own alcohol unless you have a valid liquor license for such alcohol. In other words, if your restaurant’s certificate allows a maximum occupancy of less than 20, then your patrons can bring their own alcohol if you allow it.

Our experienced Liquor License Attorneys serve many clients, including first time applicants for liquor licenses, as well as those who filled out applications on their own and were rejected for various reasons. Although you can download an application from the SLA’s website, it’s in the best interest of you business to let our attorneys work on getting your application approved so that you can focus on getting your establishment open in a timely manner. Call our New York Liquor License Attorneys at Villanueva & Sanchala at (800) 893-9645 to answer all your questions about getting a liquor license and to help you get it quickly and without any delays.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.