Thursday evening, Governor Andrew Cuomo posted his fifty-third Executive Order during this state of emergency. Executive Order 202.52, issued on July 16, 2020, modifies or suspends certain New York statutes, laws, codes, rules and regulations designed to address matters related to the COVID-19 crisis. Executive Order 202.52 is effective from July 16, 2020 through August 15, 2020. A copy of Executive Order 202.52 can be found here.
MODIFIED OR SUSPENDED LAW
Executive Order 202.52 suspends or modifies, and directs any provision of the Alcoholic Beverage Control Law to the extent necessary to require that all businesses licensed by the State Liquor Authority for on premises service of alcoholic beverages, and which are required as a license condition to make food available, can serve alcoholic beverages for on premises consumption or for off premises consumption only if the service of such alcoholic beverage is accompanied by the purchase of a food item by each individual that is being served an alcoholic beverage, consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law. The Chairman of the State Liquor Authority shall be authorized to promulgate any reasonable guidance to effectuate this provision.
Accordingly, any businesses that provides on premise alcoholic beverage service and can do so as long as it also offers food for sale, now can only sell and serve such beverages so long as the sale is accompanied by a purchase of food. This move is designed to enforce social distancing and limiting the scenes of too many individuals congregating at bars and restaurants while having just drinks. Governor Cuomo has noted that an establishment selling pretzels, chips or nuts will not satisfy the requirement of serving food. You will need to order something closer to a meal in order to get that beer.