On June 23rd, Governor Cuomo announced that emergency declaration that commenced in March 2020 would come to an end on June 24th. As a result, all executive orders expired on that date.
Effective immediately, the temporary to-go privileges that were extended by the New York State Liquor Authority (“NYSLA”) to New York State-licensed bars, restaurants, and manufacturers are revoked. (This should not impact New York State licensees who are statutorily permitted to sell alcohol beverages for off premises consumption under their specific license.)
The NYSLA recognized that a legislative bill is pending consideration in regard to the temporary extensions of licensed premises on municipal property. As such, the NYSLA confirmed it would extend a safe harbor to New York State licensees who are presently operating on municipal land (assuming such is part of a municipal plan that has been approved by the NYSLA).
One of the long-awaited privileges brought about by the NYSLA’s COVID-19 guidance for many New York manufacturers was the ability to directly ship their products to consumers in the state. While wineries have long enjoyed the benefit of direct shipment, the State’s growing craft spirits, beer, cider, mead, and braggot industries have typically been excluded. During a time where on-premises sales were limited or even prohibited, the online marketplace was a channel many businesses turned to for survival.
We hope to see a push forward in the direction of extending direct shipment privileges to all industry members and encourage industry members to analyze their use of direct shipping to better understand how the privilege could impact their business in the future. Some industry groups, such as the New York Cider Association, are encouraging members to reach out with insight on their sales through direct shipment in anticipation that this could help pave a pathway forward.
For more information on New York State Alcohol Beverage Law, wine or alcohol law, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.