Can a Restaurant Deliver Beer To Go With a Food Order?

Yes. New York Liquor Law permits on-premises licensees to deliver beer in containers along with a food order as long as that order is received in the licensed premises. An order received by the licensee in the licensed premises over the telephone (or by fax) complies.  A licensee can deliver beer as long as it is being delivered with the food order (you can’t order just beer for delivery).

The to-go beer must be delivered in a vehicle registered to the licensee or one of its principals.   A copy of the license must be kept in the cab of the vehicle.  Many delivery people drive their own vehicles.  In that case, beer can’t be delivered.

The beer must be in sealed cans, bottles or growlers.  Sealed growlers are treated the same as any other sealed beer container. The Authority’s ruling applies to beer only. The sale or delivery of wine or liquor for off-premises consumption by an on-premises licensee is a violation of the law.