Alcohol laws of New York (or commonly Alcohol Beverage Control Law) are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more.
State Liquor Authority
The New York State Liquor Authority (NYSLA) and its agency arm, the Division of Alcoholic Beverage Control (DABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law." The SLA is also authorized by statute to "determine whether public convenience and advantage will be promoted by the issuance of licenses to traffic in alcoholic beverages … and to carry out the increase or decrease in the number thereof and the location of premises licensed … in the public interest."
The DABC is a division of the New York State Executive Department.
For consumption on-premises
In New York, for purposes of state law, there are only four hours Monday through Saturday in which alcohol may not be served: 4:00 a.m. to 8:00 a.m. On Sundays the limitation is six hours: 4:00 a.m to 10:00 a.m. This was designed to accommodate both New York City nightlife and late-night workers statewide. Some upstate areas such as Buffalo, Albany, and Saratoga Springs retain the 4:00 a.m closing time, although individual counties are free to set an earlier "last call." In Binghamton, this is at 3:00 a.m.; in Syracuse, Plattsburgh, Oneonta, Rochester and Watertown, bars close at 2:00 a.m.; and Elmira, Geneva, and Ithaca, have some of the earliest closing times in the state at 1 a.m. For a complete list of closing hours by county, see.
B.Y.O. Policy
The SLA does not permit establishments to allow patrons to "B.Y.O.B." if the establishment does not have a license or permit to sell alcoholic beverages. The only exception to this rule is that establishments with fewer than 20 seats can permit B.Y.O.B. Nonetheless, the SLA does not have authority to take any direct action against an establishment that is not licensed with the SLA unless the establishment is currently applying, or will apply in the future, for a liquor license.
Research
Research has been conducted into the association between closing times and crime in New York. Counties with later closing times tend to have greater rates of violent crime (except gun violence), but not non-violent crime. This was true even after adjusting for socio-demographic factors.
For consumption off-premises
Only liquor stores may obtain a license to sell liquor for off-premises consumption. Grocery and drug stores may obtain a license to sell beer alone or beer and "wine products", such as wine coolers (but not wine). Minors visiting a liquor store must be accompanied by an adult at all times; a violation can lead to the owner or manager being charged with second-degree unlawfully dealing with a minor, a Class B misdemeanor.
Until the mid-2000s, sales of beer before noon on Sundays for off-premises consumption were prohibited statewide, a remnant of a royal decree during the Colonial era, and between 3–6 a.m. any other day. Changes to the law made in the last years of Governor George Pataki's administration loosened those restrictions, and now beer sales are only prohibited from 3–8 a.m. Sundays. Counties are free to adjust those hours in either direction, all the way to midnight and noon, and allow 24-hour beer sales on other days of the week.
The law also changed for liquor stores. They may now open on Sundays (although not before noon) and in a 2022 change they may now open on Christmas should they choose to do so.
A few years after the Pataki administration changes, Governor David Paterson sought to allow supermarkets to sell wine. He argued that the increase in excise taxes collected would help the state close its budget deficit. The proposed law garnered so much opposition from liquor store owners that it was never voted on by either chamber of the New York State Legislature.