New York bars can’t sell chips with alcohol to avoid the Cuomo rule


The “Cuomo chips” don’t cut it.

Gov. Andrew Cuomo’s aides reversed course on Wednesday and ruled that pubs and restaurants can not only sell French fries with alcoholic beverages as a way to comply with a new order prohibiting the sale of nonalcoholic alcoholic beverages during the coronavirus pandemic. .

It is another blow and obstacle for liquor-licensed bars and restaurants trying to survive during the COVID-19 crisis.

The edict comes after a northern state pub blatantly flouted the alcohol sales ban by adding a $ 1 bag of “Cuomo Chips” to all customers’ bills.

But the Cuomo-controlled State Liquor Authority has released a new guide that says fries don’t count as substantial food or “other” food snacks in a Q&A prepared for licensed retailers.

“I operate a restaurant or bar, and understand that I must serve sandwiches, soups, or ‘other foods’ when a customer orders an alcoholic beverage, can you tell me what constitutes ‘other foods’?” the question posed by SLA asks.

Answer: Hotdogs, chicken wings, and salad passes come together, fries don’t.

“The purpose of the requirement that food be sold with alcohol is to allow indoor and limited food (outside of New York City), with alcoholic beverages, while restricting congregation and mixing that arise in an environment of bar service / drink only, the SLA said.

“” Other foods “are foods that are similar in quality and substance to sandwiches and soups – for example, salads, wings, or hot dogs would be of that quality and substance,” the guide said.

“However,” adds the rule, “a bag of chips, a bowl of nuts, or candy alone is not.”

Last week, a Cuomo official said ordering only fries was “consistent” with the food requirement rule as long as customers were seated.

Two people share drinks at the Gin Mill Bar & Grill on Manhattan's Upper West Side.
Two people share drinks at the Gin Mill Bar & Grill on Manhattan’s Upper West Side.AP

The SLA tells restaurants and pubs that the rule is a public health measure intended to prevent alcohol festivals that could spread COVID-19.

“As a restaurant or bar owner, when determining whether a particular item is substantial enough, keep in mind the purpose of this policy: to ensure that customers enjoy a small group dining experience with drinks, that is, a food, not a bar-like drinking experience, “said the SLA.

“A bar-like drinking experience often involves or leads to mixing and other behaviors that do not comply with social distancing and the use of face covering and is therefore not yet a safe activity during the emergency of current health. The spikes / resurgence in COVID-19 cases that this has caused in other states is something that New York should avoid at all costs. “

But Adam Humphrey, co-owner of Harvey’s restaurant and bar in Saratoga Springs, which introduced “Cuomo chips” on the menu last week, said the anti-chip rule is “just another hoop to jump on.”

“Obviously, the name was to give him some humor,” Humphrey said of invoking Cuomo’s name with the pub fries.

Humphrey complained that law-abiding licensees are now being bundled with rogue operators.

“I understand many of the things that are happening in the city, but mixing what they are doing was difficult for us to hear. It was frustrating, “she said.

Humphrey also claimed that potato chips are a legitimate snack that should be sold with drinks.

“Our potatoes come frozen, they are potato chips and we cook them. Already on our menu, we’ve just reorganized the price and name to lighten the blow. We used to sell the same bowl for $ 6.

“I know that chips are chips, but we are still playing a substantial part … We also have other options as well, to make sure we maintain compliance.”

Regarding the anti-chip rule, he said: “It is definitely a burden for everyone. It is a fight and I do not think it is people who do not comply.”

Cuomo is getting tough on licensed liquor establishments after reports emerged showing hordes of patrons gathering outside bars without practicing social distancing or wearing masks. On Tuesday, the governor announced that the SLA indefinitely suspended liquor licenses from three restaurants and bars in Queens, including two in Astoria, which drew large crowds of partiers.

“I am sorry it has come to this, but it is a dangerous situation and I have said it many, many times,” he said.

On Wednesday, Cuomo listed mobs of youths congregating outside bars as a major problem along with rising crime and rebel protests.

“It is not just about crimes, shootings, etc., but there are also young people in bars and restaurants … there are also riots after the murder of George Floyd,” he said.

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