Is BYOB legal in New York?
Asked by: Carmela Beer | Last update: April 3, 2025Score: 4.6/5 (35 votes)
New York: BYOB is allowed for restaurants without a liquor license, but they cannot charge a corkage fee unless licensed. Restaurants with a liquor license may not offer BYOB.
How does BYOB work in NY?
Can I allow patrons to bring their own alcoholic beverages (BYOB) to my restaurant? Yes, as long as the alcoholic beverage is covered under the establishment's license. For example, a customer cannot bring liquor into a restaurant that is only licensed for wine and beer.
Can you openly carry alcohol in New York?
Many Long Islanders and New York City residents will be given a criminal summons for an alleged violation of the “Open Container Law”. Although, each county and city has its own specific statute, in general terms, the Open Container Law prohibits you from having an alcoholic beverage in an open container in the public.
Do I need a liquor license for a private party in NYC?
You only need a permit to sell alcohol. If you're just giving it away to friends at a private event, there's no difference between having alcohol with friends at your house and having alcohol with friends at a venue.
What is the etiquette for BYOB?
Etiquette for a BYOB party guest
A few other rules to bear in mind when you attend a BYOB party include: Sharing is caring, but always ask before you partake of another guest's drinks. If someone brought a bottle of liquor, or a six-pack of drinks, and you would like to try it, always ask before you help yourself.
New laws in New York concerning alcohol sales
What are the rules for BYOB?
With a BYOB policy, guests can enjoy their preferred drink even if the restaurant does not have a license to serve alcohol and there is no alcohol on the menu. Some businesses limit the number of bottles you can bring, while others only allow certain types of alcohol.
Can you bring hard liquor to a BYOB restaurant?
With a BYOB policy, guests can enjoy their preferred drink even if there is no alcohol on the menu. Some restaurateurs or hosts may shorten the acronym to just "BYO" to avoid specifying a type of alcohol, allowing guests to bring any type of beverage they prefer, whether it's wine, spirits, or even craft beer.
Can you deliver alcohol to a restaurant that does not hold a liquor license?
Final answer: You cannot deliver alcohol to a restaurant that does not have a liquor license, as it is illegal in most jurisdictions. Restaurants must possess a valid liquor license to sell or serve alcohol.
What disqualifies you from a liquor license in NY?
Eligibility to Hold a License
Individuals with a felony conviction in New York State or another state or federal jurisdiction are not eligible to hold a license, unless they have a Certificate of Relief from Civil Disabilities, have received a pardon or have been issued a Certificate of Good Conduct.
Can a passenger drink in a car in NY?
New York's Open Container Laws
New York State's Vehicle & Traffic Law prohibits any driver or passenger of a motor vehicle on a public highway from consuming an alcoholic beverage, or from possessing an open container containing an alcoholic beverage.
What are NY laws on alcohol?
Sale of Alcoholic Beverages
Off-premises (liquor store or retailer) liquor and wine sales are prohibited between midnight and 8 AM, and Sundays between 10 PM and 10 AM. On-premises (bar or lounge) sales are prohibited on weekdays between 4 AM and 8 AM, and Sundays between 4 AM and 10 AM.
Can you brown bag in NYC?
“What if the Bodega guy brown bags my booze?” No, still illegal. Cops know what is in the brown bag.
Do you need a liquor license for a mobile bar in NY?
Mobile Liquor License in New York
This license is required for any type of business to sell and serve alcohol to its patrons. Since alcohol has an incredibly high markup and a long shelf life, it's often beneficial from a profit standpoint to sell alcohol.
Can you bring your own bottle?
Establishments that sell alcoholic beverages for on-site consumption, such as bars or restaurants, may also allow patrons to bring their own alcohol. That alcohol is usually subject to an opening fee. Often the rule is limited to bottles of wine, where the fee is known as corkage or a corking fee.
How to tell if a restaurant is BYOB?
In a typical BYOB restaurant, the eatery serves only non-alcoholic beverages and food. Guests can then bring their beer, liquor, or wine and pour their own alcoholic drinks. Check your local laws for restrictions on what type of alcohol your guests can bring in and you may find it may be better than having a bar.
What states don't allow alcohol delivery?
Some states expressly prohibit the direct shipment of alcohol to interstate consumers. States that do not allow it include Alabama, Delaware, Mississippi, Oklahoma, Rhode Island, and Utah. Alabama: There are no exceptions in the state of Alabama. The delivery of alcohol from any source is strictly prohibited.
Can restaurants do margaritas to go?
A ROUNDUP OF STATE LAWS
California: Restaurants in California can sell cocktails and wine to-go (but not beer), subject to a long list of conditions. For example, the alcohol must be picked up in person (it can't be delivered) and it must be in a container with a sealed lid.
Can you leave a restaurant with alcohol?
In California (probably most states), you can take home your leftover wine. If you're driving, you need to be aware of the open container laws - a bottle that has been opened and recorked/recapped must be not accessible to the vehicle occupants (if in a car - in a bus, limousine or RV it's a bit different).
What state has the most expensive liquor license?
Restaurants and bars may require different licenses than retail liquor stores selling alcohol for off-premises consumption. According to recent data, California, New Mexico, and Alaska have the most expensive liquor licensing costs, while North Dakota, South Dakota, and Wyoming have the most affordable.
Does Walmart sell bottles of liquor?
Walmart offers alcohol for delivery and pickup within select markets. You can check availability in your area by entering a delivery address above.
What is a one day liquor license for a wedding in NY?
A One-Day Alcohol Event Permit, also known as a Temporary Alcohol Permit (previously known as a One-Day Beer and Wine Permit), authorizes the sale and/or service of wine, beer, cider and liquor for consumption at a gathering for a period of 24 hours.
What is BYOB etiquette?
You also could get a smaller bottle of your beverage to take to the party. GUEST'S ANSWER: Christina Nihira, community volunteer: First off, “BYOB” means to “bring your own bottle (or booze).” Of course, that indicates that alcohol won't be provided and welcomes party-goers to bring their own.
Why do restaurants do BYOB?
This means that not every restaurant that wants to serve liquor is permitted to serve it. One option for restaurants that don't have liquor licenses is to allow patrons to bring in their own bottle. Allowing people to BYOB helps a restaurant's profits in a number of ways.
What is an uncorking fee?
A corkage fee is the cost restaurants charge to guests who bring their own bottle of wine to a restaurant, instead of ordering from the restaurant. Restaurants use corkage fees to allow guests to bring their own wine, while also charging them a small fee to do so. Here's why.