Have you been taking advantage of getting to-go orders or food delivery since it became so easy to do in 2020? Who else has been loving the 'whole get yourself a alcoholic beverage' to-go? Just me? Ok.

Granted, if you are picking the order up, you can't drink the beverage until you get home, nor can the delivery driver take a few nips off of it before it gets to your home. I just realized that there is something New York State says you cannot get delivered with your food, or that you can pick up to-go. What is it? Do you agree that it should be this way?

What can a NY business not charge you more than the menu price for on a to-go order?

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Mill House Brewing Company

If you are getting an adult beverage to go in New York State, with your order, the business is not allowed to charge you more for it than what is listed on the menu, nor can they do say 'pitchers of Margarita's' only to-go, but not in the restaurant. If the restaurant wants to sell you alcohol, they have to charge you the same price, and have the same offerings that are listed on their menu.  

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READ MORE: How much alcohol can be in your car at one time in NYS? 

What can you not get with food to-go in New York State?

Bob Ingelhart

What can you not order or expect to get with your food to-go or delivery order in NYS? While you can expect to get cans or bottles of beer (hard cider, hard seltzer, etc) you cannot expect to get bottles of wine or bottles of liquor. From the NYS SLA Drinks-To-Go Law, dated April 2022 (PDF) from line 28:

the licensee shall not sell for take-out, or deliver, any bottles
of liquor or bottles of wine;

Referring to whole, sealed bottles of either. If you want a glass of wine or a cocktail to go, that is something you can order, you will still have to be ordering food, but if you want bottle service you will have to make sure you get to the wine or liquor store before they close.

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