NY Legislature Approves 10 a.m. Start Time for Serving Alcohol

After a Saturday night of taking in the Big Apple, you meet your friends for 10:00 a.m. brunch on the Upper West Side.  You decide that you’d like to chase your blueberry pancakes with a refreshing mimosa, but the server stops you: “I’m sorry, but we don’t serve alcohol until noon.” This was the response for decades until now.

The Alcoholic Beverage Control Law, a law which dates back to the prohibition era, disallowed the sale of alcohol on Sundays until noon throughout the State of New York.¹  On Wednesday, September 7, 2016, Governor Andrew Cuomo signed legislation which sought to modernize the prohibition era law which originally established the rules and regulations regarding the sale of alcohol.²  As of September 7, 2016, restaurants in New York may serve alcohol as early as 10:00 a.m. on Sundays.  Additionally, twelve permits per year will be made available outside of New York City for restaurants to serve alcohol as early as 8:00 a.m.

The looser measures come as Governor Cuomo seeks to embrace New York’s burgeoning craft alcoholic beverage industry and stimulate business for bar and restaurant owners.  The legislation as originally proposed permitted alcohol to be served at 8:00 a.m. on Sundays, but 8:00 a.m. was opposed by some legislators who feared that an earlier time would invite unwelcomed morning noise and ruckus.  Thus, compromise was struck with drinks being poured starting at 10:00 a.m.  Cheers!

¹ N.Y. Alco. Bev. Cont. Law.

² NY LEGIS 297 (2016), 2016 Sess. Law News of N.Y. Ch. 297 (S. 8140).

 

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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