The New York State Liquor Authority offers the following guidance for takeout and delivery of alcoholic beverages with food orders:
Any on-premises licensee and any manufacturing licensee with on-premises retail privileges may sell for off-premises consumption any alcoholic beverages that it is able to sell for on premises consumption under the law.
For example, a tavern wine licensee may sell beer, wine, cider, mead, and wine product, but not liquor, and a farm winery may sell any New York State
labeled wine, beer, cider, mead, or liquor, but not non-New York State products unless it has an on-premises license as well.
Alcoholic beverage sold for off-premises consumption pursuant to this guidance may be sold in any closed and sealed original container of any size.
The sale of each container shall be accompanied by the purchase of food;
Sales should be consistent with municipal open container ordinances.
Alcoholic beverages sold for off-premises consumption pursuant to this guidance may be sold for takeout from the licensed premises or may be delivered to the customer’s residence.
Deliveries shall be made in a vehicle permitted by the Authority (e.g., a third- party delivery service), or a vehicle-owned and -operated, or hired and operated by the licensee or its employee. A copy of the permit or license must be present in the vehicle.
Alcoholic beverages sold for off-premises consumption pursuant to this guidance may only be sold during the on-premises hours of operation of the county in which the premises is located or, if different, the hours of operation set forth in the licensee’s method of operation with the Authority.
Any licensed business found to be operating in violation of the Governor’s order restricting on-premises sales of alcoholic beverages shall face a monetary penalty (retail maximum of $10,000/manufacturer maximum of $100,000), and/or suspension, cancellation, or revocation of its license.