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Chips? Chips and salsa? Cuomo’s rules on food sales at bars still causing confusion - syracuse.com

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Who knows how many unintended consequences have hit restaurants and bars since Gov. Andrew Cuomo issued a new order last week requiring all alcohol sales to be accompanied by a food purchase.

But here’s the one that Tom Ireardi, owner of Finger Lakes on Tap in Skaneateles, has noticed:

“We’ve thrown out a lot more food in the past few days than we ever have,” said Ireardi, whose place at 35 Fennell St. is a craft beer-centric bar and kitchen. “People are ordering food, because they have to. But they’re not always eating it.”

Cuomo said his directive was intended to prevent the prolonged mingling that often happens at bars when people drink without dining. That mingling, Cuomo said, could help spread the coronavirus.

But the order also caused a lot of prolonged head-scratching.

Take the case of the “$1 Cuomo Chips” in Saratoga Springs. A bar there called Harvey’s Irish Pub got a lot of publicity last week when it announced it was featuring the small order of chips as its accompaniment to beer or other alcohol.

Then, according to a report from WRGB (Channel 6) in Albany, the pub received a call from a State Liquor Authority investigator, who told owner Matthew Bagely that chips alone wouldn’t satisfy the order. The chips would need to be served with salsa, dips or something similar to comply.

Almost all restaurants and bars in New York, as a condition of their liquor licenses, must already make “substantial” food available. The “guidance” issued by the SLA on Cuomo’s new order says they must now require customers to buy some food if they want to drink. It appears that light snacks alone do not meet that requirement.

On the other hand, tasting rooms at wineries, breweries and distilleries can get away with peanuts, crackers or other snacks to accompany sales and tastings. That’s because their existing licenses explicitly allow those items to be included among the regular offerings.

So what’s a bar owner to do?

At the Home Team Pub, 7990 Oswego Road in Liverpool, owner Joey Kalil made a tongue-in-cheek gesture last week with a $1 menu featuring such items as a small boneless wing, a single pretzel “bite,” a selection of from one to seven tater tots or a “spoonful” of rice pilaf.

Kalil said that was meant mostly as a joke, though some customers did come in over the weekend seeking those tiny morsels. In reality, he’s mostly served order of fries with ketchup with the drinks.

“Most people are aware of what going on, so we haven’t had a lot of drama,” Kalil said. “It’s hitting us on the late night, but people at other times come in to eat, so it works out. We’re selling things across our menu.”

But Kalil has also seen another consequence of the food-with-drinks mandate.

“It’s definitely adding to the sales tax on your check,” he said. “So I don’t know if that was an intent or not.”

Other places are trying their best not to pass too much of burden on the customers.

At The Evergreen pub in Syracuse’s Hanover Square, the staff has made a special discount on its popular soft pretzel. It now sells for $3.50.

“It’s not an attempt to skirt the law,” said owner Rob Podfigurny. “It’s complying, but in a way that tries to make it affordable and less complicated for the customer."

At Finger Lakes on Tap, Tom Ireardi is also dealing with the issue of to-go alcohol (growlers or packs of beer for takeout.) In the early days of the coronavirus, before indoor and outdoor dining was allowed, that made up close to 90 percent of his business.

But the new order requires bars and restaurants to sell food to go along with any to-go alcohol purchase. That has never been the case in the past with, for example, growler sales. (And, again, it’s different from breweries and other tasting rooms, which are not required to sell food with to-go alcohol.)

“I understand the governor’s intention and I understand the goal of ordering food on premises,” he said. “But I can’t see why I can’t sell a 4-pack for people to take out without food. They can go to any convenience store and gas station and do it. Why can’t I do it?”

MORE ON FOOD AND DINING

Cuomo threatens to reverse NY bar, restaurant reopenings if big crowds continue

Cuomo’s new booze rules: What bars can and can’t do (and do chips count as food?)

Some Upstate NY bars offering snarky food items in response to Cuomo order

No more alcohol without food at NY bars and restaurants, Cuomo says

Winery, brewery, and distillery tasting rooms: Open, but different

Don Cazentre writes for NYup.com, syracuse.com and The Post-Standard. Reach him at dcazentre@nyup.com, or follow him at NYup.com, on Twitter or Facebook.

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Chips? Chips and salsa? Cuomo’s rules on food sales at bars still causing confusion - syracuse.com
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