Mobile Bars and Food Trucks
Wine slushies and adult milkshakes continue to be popular summer drinks, especially at festivals and summer parties. However, licensees may find it difficult to navigate the licensing and permitting options for selling adult beverages off-site at these venues.
New York State Liquor Authority (Authority) does not permit mobile bars. All licensed retail businesses must have a brick and mortar location for on-premises consumption. Food trucks may not be licensed as a “mobile premise,” but they may be able to be used to serve as the customer bar where the operator has a catering permit or special event permit for the event.
Licensed retailers may apply for one-day catering permits for off-site events where an event host hires the licensee to provide both food and beverage at the event. There is a limit of 12 catering permits per location every 6 months. If a location is holding events more frequently, a full license for the premise must be obtained, allowing a deeper review of the proposed business by the Authority and participation by the public and municipality in the licensing process.
One day temporary permits, also known as special event permits, allow alcohol at an event and can be obtained by both licensees and the general public for indoor locations (and in some case it is possible to include the immediately adjacent exterior portions). There is a limit of 4 special event permits annually per person, business or location (there is an exception for not-for-profits). These permits require notification to the local police and consent of the property owner and other supporting documents in the permit process.
Mobile bartending services are permitted but cannot provide the alcohol unless they are working under a catering permit or other license that has privileges for the retail sale of alcohol. The service can be hired as an independent contractor, however, care must be taken that a licensee does not abdicate its responsibilities under its license to a non-employee or it can risk a disciplinary action and potentially lose its license. Professional guidance on compliant business practices can be helpful in navigating these complex issues.
Food trucks are considered “other businesses” by the Authority and may only operate on unlicensed portions of a licensed premise (ex. the parking lot or yard if not included in the licensed portion of the property). There is an exception for farm manufacturers if the food truck operator does not hold a retail liquor license. Farm wineries, breweries, distilleries and cideries can host unlicensed food trucks on the licensed portion of their premise provided the food truck sells only food and no alcoholic beverages.
If your business involves off-site events serving alcoholic beverages, or is a farm manufacturer hosting events on-site, our team can guide you through the license and permit options and keep you compliant under the Alcohol Beverage Control laws. Give us a call.
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.