What’s New For Restaurants & Bars
There is a new For-Profit Club License (A7040-B / S652-A; Ch. 342, signed Aug. 22, 2025)
for private membership-style clubs (e.g., recreational/social/patriotic/political/benevolent/ workspace/corporate dining/athletic). Essentially, if you have a for-profit private club in New York and want to serve alcohol to only your members, there is now a legal option to with an annual fee of $20,000. This would not require you to be open regular hours like a traditional bar or restaurant, only for member events.
Proposed Laws
Retail-to-Retail “Emergency” Purchases (S409-A / A7464-B)
These bills would allow bars/restaurants to buy up to 6 bottles per week from local liquor stores to cover shortages if certain record-keeping is maintained to prove compliance. They are currently awaiting the Governor’s signature and will be effective 90 days after signing. This will be beneficial on late nights and weekends when distributors are not delivering. It can also be beneficial for smaller establishments that are not well serviced by distributors.
24-Hour On-Premises Licenses (S8359)
This bill would create a special on-premises license for certain large-scale properties which are located within a designated industrial or economic zoning district, occupy not less than twenty thousand square feet of floor area, and are utilized for the purpose of hosting entertainment or cultural, social, or community events. This bill proposes a new type of liquor license that would allow large, event style venues to serve alcohol on their premises without the need to fit into the existing restaurant or bar license categories. It also would not be subject to the County hours for operation and would allow 24 hour alcohol service. However, the bill is still in committee.
200-Foot Rule Flexibility (S8477)
This bill would allow the SLA to issue licenses within 200 feet of schools/houses of worship outside NYC if the institution consents. In effect, this would introduce a community-based waiver and allow the SLA to override the proximity-based restriction, giving flexibility to the 200-Foot Rule. This bill is in committee.
Proposed Laws for Liquor Stores and Supermarkets
Second Liquor Store License (S7909 / A8547)
These bills would permit one person/entity to hold two liquor store licenses (currently limited to one). These bills would align New York with most other states, where a one-store-per-individual restriction is generally not imposed. Both bills are currently active and in committee.
Supermarket Wine Sales (S1279-A / A1328)
These bills would create a supermarket wine license (stores ≥4,000 sq. ft., with food sales ≥65%). License fees and requirements will include a $10,000 one-time fee, an annual fee based on wine sales, and a 500-foot buffer from existing liquor stores. Proponents argue that this will increase convenience for customers and can create jobs. This is a controversial bill but would bring New York in alignment with practices of other states. These bills are currently in committee.
Bottle Bill Expansion (A7860 / S8010)
These bills would classify spirit-based RTDs ≤6% ABV as “beverages” under the ABC Law and subject their containers to the state’s 5¢ deposit program. In effect, these RTD beverage containers would now be subject to the deposit return system, reducing improper discarding of the containers and incentivizing recycling by reimbursements for customers. These bills are currently in committee.
Brand Owner’s License (A6277-A / S567-A)
With these bills, the Brand Owner license would finally legitimize co-packing/brand-agent arrangements under NY law with modest fees. This would allow brand owners with a federal basic permit to:
- Contract with NY manufacturers for production.
- Appoint an exclusive wholesaler brand agent.
- Sell to NY wholesalers directly.
Proposed annual fee: $125. Awaiting Governor’s action.
This law provides a regulated pathway for brand owners that operate under contract manufacturing agreements to engage in New York’s alcoholic beverage market.
RTD Legislation (S6703-A / A6931-B; A7860 / S8010)
This set of bills would expand distribution options for spirit-based RTDs, but limited to certain retailers or ABV thresholds. These bills would allow certain NYC beer retailers to sell spirit-based RTD cocktails (canned or sealed pre-mixed cocktails) until Dec. 31, 2028. This will increase convenience for customers as RTD cocktails are becoming increasingly popular. It eliminates the distinction between malt based RTDs and spirit based RTDs so customers can buy them in the same store rather than some at grocery stores and some at liquor stores. These bills are currently in committee.
If you any questions about the Alcohol Beverage Control Law updates, reach out to Tracy at Tjong@EvansFox.com.
Tracy Jong is a Senior Attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at Tjong@EvansFox.com.
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.