New York State Liquor Authority
Guidance On COVID-Related Closing Times
Effective Sunday, February 14, 2021 at 11:00PM
Pursuant to Executive Order 202.94, effective Sunday February 14, 2021, at 11:00PM all licensed establishments with on premises privileges (e.g. restaurants, taverns, catering halls, clubs, manufacturers with tasting rooms, etc.) shall cease all on premises service of food and drink (indoors or outdoors) at or before 11:00PM, daily. Such establishments may reopen for in-person service at 5:00AM, daily, provided however that alcoholic beverage service may not resume until the later of any stipulated opening hour on the license or the county on premises opening hour. At or after 11:00PM daily, no patron may remain in or enter into an interior portion of the premises for any reason.
Curbside to-go and delivery service of food and non-alcoholic beverages, or drive through service, may continue daily after 11:00PM and until any closing hour specified on the license – provided that no alcoholic beverages may be sold to-go or for delivery after 11:00PM. Curbside to-go and delivery service of alcoholic beverages may resume daily at the later of any stipulated opening hour on the license or the county on premises opening hour.
Additionally, off premises liquor and wine stores shall cease sales and close at 11:00 PM, daily, and may not reopen before the county off premises liquor and wine opening hour.
Q & A Regarding Closing Times
I am a licensee with on premises service privileges, must I merely stop serving food and drink at 11PM, or must all consumption end at or before 11?
All consumption must end at or before 11:00PM. If patrons are on the premises (indoors or outdoors) after 11:00PM, you are in violation of the Executive Order and subject to disciplinary penalties up to an including suspension/cancellation of your license and/or fines of up to $10,000. At or after 11:00PM, no patron should be in or enter into the interior portion of the premises for any reason. Anyone who is not a licensed owner or verifiable employee shall be considered a patron for purposes of compliance.
To-go service must be curbside or drive-through, meaning that no orders may be placed inside the establishment or picked up inside the establishment. Orders should be placed by phone, online, through a drive-through, or by other similar means (e.g., walked out to patron). Pick up should be at the curb or parking lot, through a take-out window, etc., and may not involve a patron entering the premises. At or after 11:00PM, no patron should be in or enter into the interior portion of the premises for any reason. Additionally, patrons waiting outside to pick up food should be on the premises only momentarily. You should direct patrons to wait off premises in situations where more than ten patrons are waiting.
I am a licensee with a liquor/wine store license, in addition to ceasing all sales at my store at or before 11:00PM, must I also stop delivery and pickup sales?
Yes, you must stop delivery and pickup as well. A liquor/wine store may never sell or deliver/allow pick up of products after licensed sales hours, in this case, 11:00PM.
I am a licensee with grocery store/drug store license, does the Executive Order impose any new restrictions on my business?
No, the 11 p.m. curfew does not apply, but grocery and drug stores must continue to operate under all current DOH and SLA Guidance.
I am a licensee with on premises service privileges, does the 10 person gathering limit in EO 202.74 apply to me?
No, the limitation for non-essential gatherings in EO 202.74 applies only to gatherings at private residences.
I am a licensee using my on premises service privileges to hold weddings and other events and parties, must the attendees of these events leave the premises by 11:00PM?
Yes, service and consumption must end at 11:00PM at all premises licensed for on premises consumption, and the licensee must cease operation and close to patrons at such time.
I am a licensee operating a movie theater, must moviegoers leave the theater by 11:00PM?
Yes, movie theaters with a license issued by the SLA must be closed daily at or before 11:00PM.
I am a licensee operating a bowling alley, must bowlers leave the alley by 11:00PM?
Yes, bowling alleys with a license issued by the SLA must be closed daily at or before 11:00PM.
I am a licensee operating a casino, must I close at 11:00PM?
Yes, casinos with a license issued by the SLA must be closed daily at or before 11:00PM and can reopen no sooner than 5:00AM. If you are serving alcoholic beverages and are licensed by the Gaming Commission, you may be subject to further restriction by such Commission.