ALBANY, N.Y. – Sorry, bars and restaurants: You can't get around New York Gov. Andrew Cuomo's food-with-alcohol order by offering a bag of chips or a few pieces of cheese.
The State Liquor Authority updated its guidance late Tuesday to provide more clarity on Cuomo's order, which prevents bars and restaurants from serving alcoholic beverages to patrons who don't order food first.
The order, issued last week, is meant to keep patrons in their seats and not congregating in groups around a bar or in an outdoor dining space. It came after Cuomo expressed frustration with viral images of crowded bars in New York City as the state tries to keep its COVID-19 infection rate down.
But restaurants across the state immediately tried to find ways around the order, with some offering $1 orders of "Cuomo Chips" or other various small plates, such as a handful of grapes or a single pretzel bite.
The State Liquor Authority's said bars and restaurants must sell "sandwiches, soups or other foods, whether fresh, processed, precooked or frozen" to patrons in order to serve them alcoholic beverages.
On Tuesday, the Liquor Authority attached a Q&A that tackled the issue of what "other foods" qualify.
"'Other foods' are foods which are similar in quality and substance to sandwiches and soups," the authority's document reads. "For example, salads, wings, or hotdogs would be of that quality and substance; however, a bag of chips bowl of nuts, or candy alone are not."
The rules are different for alcoholic beverage manufacturers like breweries or wineries, which are allowed to offer chips or crackers unless they have an attached tavern or restaurant.
Liquor Authority to bars: Keep patrons seated
The Liquor Authority urged bars and restaurants to take the purpose of the policy — to cut down on congregating areas — into consideration when deciding what foods to offer.
"As a restaurant and bar owner interested in continuing to assist in our shared public health goal, you should not be looking for ways to circumvent the dining or meal requirement nor the purpose behind it, as it jeopardizes the public health and the progress all New Yorkers have made," according to the document.
"Obvious" efforts to get around Cuomo's order will be treated as violations, the Liquor Authority wrote.
Cuomo has warned in recent days that the state could impose greater coronavirus restrictions on bars and restaurants if they run afoul of the state's current rules, which restrict indoor capacity to 50% in much of the state and require patrons to be seated while they are eating or drinking.
The state has not yet allowed indoor dining in New York City.
Tavern Association calls for strict policy
The Empire State Restaurant and Tavern Association, meanwhile, called on Cuomo to take a hardline approach with establishments that run afoul of social distancing and mask requirements.
The association suggested the State Liquor Authority suspend the liquor license of any restaurant or bar that doesn't comply after a single offense. Such a policy would weed out so-called "bad actors," according to Scott Wexler, the association's executive director.
"We support Governor Cuomo's calls to enforce physical distancing and face covering protocols," Wexler said in a statement. "Large gatherings at or near bars need to end. Bad actors need to be shut down immediately if they won't comply with the rules."
Cuomo last week said the state would suspend the liquor license of any establishment that has three COVID-19 violations. The state could act sooner if a violation is particularly egregious, he said.
Follow Jon Campbell on Twitter at @JonCampbellGAN.
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Sorry, bars: 'Cuomo Chips' won't satisfy New York's new order to sell food with alcohol - USA TODAY
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