New York bars and restaurants with qualifying on-premises wine or liquor privileges may sell authorized drinks for takeout and delivery under Alcoholic Beverage Control Law § 106(2-a). The order must include a substantial food purchase, the drinks must be properly sealed, and the business must follow the statute’s rules on servings, prices, hours, and delivery. The privilege does not allow ordinary full-bottle wine or liquor sales. It is currently scheduled to expire April 9, 2030. [1]
A useful starting point is the restaurant’s regular drink menu: a lawful to-go serving must remain within the license’s beverage privileges and be available in the same manner and at the same per-serving price as on-premises service. Simply putting a drink in a plastic cup does not satisfy the law.
In this article Eligible licenses · Food requirements · Bottles and cans · Sealed containers · Pickup and delivery · Unfinished wine
Which businesses may sell cocktails and wine to go?
Section 106(2-a) adds takeout and delivery privileges to a retail license that already permits wine and/or liquor sales for on-premises consumption. It does not give a beer-only business general permission to sell wine or spirits, and it does not turn a restaurant into a package store. [1]
For a full-liquor restaurant, qualifying cocktails may use the spirits the license authorizes. A wine-license holder must stay within its own privileges. A wine-based mixed drink and a vodka cocktail are not interchangeable because they have similar strength or appear in the same type of container. Section 81(3) separately permits qualifying imported Korean soju and Japanese shochu, each no more than 24% alcohol by volume, under the covered wine license; those specific exceptions should not be generalized to all spirits. [2]
The SLA’s drinks-to-go FAQ also explains that a manufacturing licensee needs a separate qualifying on-premises retail license to use this particular program. A manufacturer may have other sales privileges, but those are not automatically the same as restaurant drinks-to-go authority. The FAQ likewise confirms that a club cannot omit the substantial-food requirement merely because it ordinarily does not serve food. [3]
Current law controls over older summaries. Some older restaurant guidance still describes internet alcohol orders as limited to beer. Section 106(2-a) and the SLA’s implementing drinks-to-go materials provide the authority for qualifying wine and liquor takeout and delivery. The 2030 sunset also supersedes older descriptions of the original three-year program. [1] [4]
What counts as a substantial food purchase?
SLA Advisory 2022-2 interprets a substantial food item to include sandwiches, soups, and foods of comparable substance, such as salads, wings, or hot dogs. Food may be fresh, processed, precooked, or frozen. A bag of chips, bowl of nuts, or candy alone is insufficient. [5]
The agency also rejects obvious attempts to evade the requirement, including a token portion, a nominal food charge without an actual food order, or food that is not delivered. The food must be part of the real transaction, not an item added only to make the receipt appear compliant. [5]
For example, a sandwich and two properly packaged cocktails can satisfy the food component; whether the entire sale is lawful still depends on the other requirements. Two cocktails with a small surcharge labeled “food compliance,” but no food, do not satisfy it.
Must every drink have its own sandwich?
The statute requires a substantial food purchase accompanying the takeout or delivery purchase. It does not prescribe one sandwich per cocktail, a fixed food-dollar minimum, or a universal drink-to-food ratio. The SLA’s FAQ states that, apart from the bottle restriction, the statute contains no volume or quantity limit. Those points do not excuse a sham food order or prohibited service. [1] [3]
A restaurant can adopt reasonable order limits as its own operating policy. If it does, staff should understand which limits come from the restaurant and which come from law. Configure online ordering so customers cannot remove the required food item while retaining the wine or cocktail order.
What if the kitchen has closed?
Do not continue wine or liquor to-go sales under this program without the required substantial food. The business’s alcohol-service hours and its ability to supply qualifying food are separate conditions. Keeping the bar open later than the kitchen does not waive the food requirement. [1]
May a restaurant sell full bottles or canned cocktails?
No full bottles of wine or liquor may be sold or delivered under § 106(2-a). The statute also prohibits advertising, promoting, or displaying full bottles for off-premises sales. A restaurant should not put “wine bottles to go” in its delivery menu and assume the customer’s food purchase makes the offering lawful. [1]
Advisory 2022-2 treats the wholesaler’s original bottle, box, can, or similar package as a bottle for this purpose. Transferring an entire bottle into a different container does not cure the problem. There is a limited treatment for a package holding only one serving: its contents may be poured into a compliant sealed serving container. [5]
The SLA’s FAQ gives useful distinctions:
| Proposed order | Agency guidance and practical result |
|---|---|
| A bottle’s worth of wine transferred to a carafe | Prohibited circumvention of the full-bottle restriction. |
| Almost all of a 750 mL wine bottle transferred to another container | Removing a small amount does not avoid the restriction. |
| A single-serving wine or spirits-based ready-to-drink product | Its contents may be transferred into a compliant sealed serving container; do not sell it in the original wholesaler package under this program. |
| A 12-ounce wine or liquor can divided into two 6-ounce drinks | The FAQ permits this when the same offering is available on premises at the same price, with all other conditions satisfied. |
These examples come from the SLA’s published FAQ, not from a general exemption for canned beverages. [3]
Check what the product actually is. A spirits-based canned cocktail does not become beer because it is packaged like beer. Conversely, existing beer takeout privileges are preserved separately, as discussed below.
How must the drinks be sealed?
The statute requires a container with a secure lid or cap, sealed so that consumption requires removing the lid or cap by breaking the seal. The relevant question is how the complete package functions. A loose cover that can be removed without breaking a seal is not enough. A straw opening that permits drinking while the closure remains intact defeats the stated purpose. [1]
Choose packaging designed for this use and train staff on the closure procedure. Before handing over the order, check that the lid is secure, the seal is intact, and no drink can be consumed through an uncovered opening. Handing out an open cocktail and asking the customer to seal it later does not meet the retailer’s packaging responsibility.
A sealed outer shopping bag does not automatically fix an inadequately closed drink container. The statutory requirement addresses the beverage container’s lid or cap. Packaging marketed as “to go” or “tamper evident” should still be checked against that requirement.
Does this authorize advance bottling or stored batches?
The permission to package a lawful to-go order should not be treated as a blanket manufacturing or advance-bottling privilege. Section 106(2) separately governs original containers and premixing. It permits specified dispensing arrangements, including a continuously mixing machine with capacity of at least one gallon or a pressurized mixing and dispensing system. The SLA’s restaurant guide also distinguishes permissible premixed service from general storage outside original containers. [1] [4]
Specify the recipe, preparation method, and point at which the serving is packaged. A refrigerator full of prefilled cocktail bottles raises different questions from drinks prepared and sealed to fulfill customer orders.
What prices, promotions, and hours apply?
The price per serving must equal the price for on-premises consumption, and a to-go promotion or special must also be available on premises. Each serving must be available in the same manner as the on-premises offering. A delivery-only cocktail discount does not satisfy this rule merely because a delivery app created it. [1]
Hypothetical: A restaurant normally charges $15 for a particular cocktail. It should not sell the same serving to go for $10 under a special unavailable to dine-in customers. If it offers a lawful $10 happy-hour special for both channels, it must still satisfy the food, packaging, timing, and other restrictions. General drink-promotion restrictions, including ABC Law § 117-a, remain relevant. [6]
Wine and liquor takeout and delivery under this program may occur only during the applicable county on-premises hours or the hours in the licensee’s approved method of operation. Use any applicable stricter approved limit. The time the order was submitted is not a substitute for a lawful pickup or delivery time. [1]
Set a practical ordering cutoff that leaves enough time to prepare, package, and complete the handoff. If food service ends earlier, the cutoff must also account for the substantial-food requirement. Keep the platform’s settings consistent with the business’s actual authorized operation.
What must staff check at pickup or delivery?
The usual prohibited-sales rules continue to apply. ABC Law § 65 prohibits selling or delivering alcohol to people under 21 or visibly intoxicated, among other prohibited recipients. A paid online order does not eliminate that responsibility. [7]
For pickup, use an age-verification procedure that allows staff to establish the recipient’s eligibility and refuse an unlawful handoff. The general statute does not require every in-person purchaser to be carded regardless of circumstances, but a consistent ID policy can reduce mistakes. Do not describe a checkbox or uploaded date of birth as verification of the person at the counter.
Delivery has additional express requirements under § 106(2-a):
- Deliver to a residential address.
- Hand the order to a person at least 21 years old at that residence who is not intoxicated.
- Require valid photographic identification authorized by § 65-b when the delivery occurs.
- For motor-vehicle delivery, use a vehicle within the statutory licensee/employee arrangement or the appropriate SLA transportation-permit coverage, with a copy of the license or permit present.
An employee’s own vehicle is expressly permitted under the conditions in § 106(2-a). Independent delivery services need a lawful transportation arrangement; using a familiar app is not itself proof of permit coverage. [1] [8]
Section 65-b identifies acceptable proof, including qualifying government driver’s licenses and non-driver IDs, valid passports, and U.S. military identification. An employee or student card alone is insufficient statutory proof. Staff must compare the document to the actual recipient and address discrepancies. [9]
If the recipient cannot provide required ID, is underage, or is intoxicated, the driver should refuse delivery and follow the retailer’s return procedure. Do not leave cocktails on a doorstep. The companion delivery article explains platform control, compensation, and recordkeeping in greater detail.
Can the customer drink the cocktail on the sidewalk or in a car?
The to-go privilege does not suspend open-container laws. Section 106(2-a) expressly preserves state and local restrictions, including Vehicle and Traffic Law § 1227. That vehicle statute prohibits drinking alcohol or possessing an open alcohol container in a motor vehicle on a public highway or its right-of-way, subject to its specified exceptions. [1] [10]
In New York City, Administrative Code § 10-125 generally prohibits drinking alcohol in public places and possessing an open container with intent to drink it there, with specified permitted-event and licensed-premises exceptions. A restaurant’s sale is not permission for the customer to open the drink and consume it on an ordinary public sidewalk. [11]
A closed container and a compliant retail seal are different questions
In People v Walker, 237 A.D.3d 102 (1st Dep’t Mar. 4, 2025), the court held that the defendant’s carriage of capped, closed bottles, though previously unsealed, did not establish the alleged public open-container violation or justify the challenged police pursuit on the facts presented. [12]
That decision concerned the city’s public-consumption law and a police encounter. It did not remove § 106(2-a)’s sealing requirement for retailers or approve loosely capped to-go cups. Keep the restaurant’s packaging duty separate from the legal analysis of a customer’s later possession.
How does taking home unfinished wine differ?
A restaurant patron’s removal of a partly consumed wine bottle is a separate privilege under § 81(4). It applies to one bottle purchased with and partly consumed during a full-course meal at the restaurant. A full-course meal has a specific definition involving a diversified selection of food ordinarily eaten with tableware, not conveniently while standing or walking. That is different from the substantial-food standard for a new drinks-to-go order. [2]
The restaurant must securely reseal the bottle, use the required tamper-evident bag arrangement, and provide a dated receipt. SLA Bulletin 588 describes a one-time-use, tamper-proof transparent bag, securely sealed, and a receipt showing both the meal and wine. Merely putting the cork back in and handing over the bottle is insufficient. [13]
For vehicle transport, use the current version of § 1227: the resealed wine exception also requires carriage in the trunk or, if the vehicle has no trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers. The old vehicle-law quotation in Bulletin 588 should not replace this current statutory condition. [10]
Opening a fresh bottle and taking a token sip is not a substitute for the required meal and genuine on-premises consumption. Nor is this wine-specific provision a way to send customers home with partially consumed spirits bottles.
Are beer takeout and retail-store purchases treated the same way?
No. Section 106(2-a)(c) preserves the licensee’s existing off-premises privileges for beer, cider, and mead. The substantial-food and full-bottle rules discussed here should not be indiscriminately imposed on those separate privileges. Product classification and the particular license still matter. [1]
There is also an inventory distinction. Section 106(2-b) now allows limited wine/liquor purchases from off-premises retailers, but it authorizes resale for consumption on the licensed premises. Advisory 2026-3 likewise restricts that alcohol to service at the licensed establishment. Do not use the limited retail-purchase exception as a source of bottles for preparing off-premises cocktail orders. Keep inventory and purchase records sufficiently clear to distinguish the permitted uses. [1] [14]
What should a restaurant put in its order procedure?
Use a written procedure that follows the actual order:
- Menu: Limit products and serving formats to those authorized and available on premises; remove full-bottle offers.
- Food: Require an actual substantial food purchase and confirm that the food accompanies the drinks.
- Preparation: Use lawful inventory and preparation methods, then inspect each container’s closure.
- Pricing and timing: Match the applicable on-premises price and promotion, and complete fulfillment within authorized hours.
- Handoff: Verify eligibility, apply the delivery-specific ID rule, and refuse prohibited transfers.
- Records: Keep itemized orders and useful handoff or refusal records so managers can investigate problems and document what occurred.
Rodriguez Law can assist with reviewing the menu, packaging procedure, delivery arrangements, and license conditions before a business adds or changes drinks-to-go service. The written policy and ordering system should make the lawful transaction the one staff and customers can actually complete.
Sources and official resources
Sources checked October 12, 2026. Follow the links for the governing text and current agency materials.
