Governor Cuomo formally issued an Executive Order to put in place the 10 pm curfew for bars and restaurants he announced yesterday. We expect the State Liquor Authority to post guidance shortly, but in the meantime here is the key text of the Executive Order:

  • All businesses that are licensed by the State Liquor Authority under sections 63 and 79 of the Alcoholic Beverage Control Law (“liquor stores” and “wine stores”) shall cease all off premises sales and close at or before 10:00PM, and shall not reopen before existing county opening hours permit.
  • All businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM and shall not reopen before the later of any stipulated opening hours or existing county opening hours permit; further, to-go and delivery service of food, and non-alcoholic beverages only, may continue at such business licensed for on premises service until the earlier of any stipulated closing hours or existing county closing hours permit.
  • All restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, shall cease in-person dining at 10:00PM, but may continue curbside takeout and delivery service after 10:00PM so long as otherwise permitted, and may reopen no earlier than 5:00AM.

We’ve been informed that the 10 pm rule is not “last call” but that the premises must be cleared by 10 pm. We’ve raised this with the SLA so their guidance should address it one way or another.

This covers all on premises licensees – private clubs and manufacturers included. It’s a bit surprising to see wine and liquor stores included, not that it will impact them very much. Grocery and convenience stores’ beer sales are not effected.

We’ll update you as soon. as the Liquor Authority posts further guidance.