Hospitality, Alcohol & Leisure Blog

Greenspoon Marder Hospitality, Alcohol & Leisure Blog: Social Distancing Lessons From NY Bars For Operators Across The Country

June 1, 2020

By: Louis J. Terminello, Esq.

Florida bar owners should take notice of recent activities in New York State. The New York Post reports that 18 establishments have had their liquor licenses suspended for violating social distancing requirements, seven of them operating in New York City.

It seems that many of these establishments were operating as take-away establishments, serving carry-out food along with alcoholic beverages. The nature of the “food” was questionable with the Post suggesting that bags of chips do not qualify as food under NY law and in the eyes of the state liquor authority (NYSLA).

The same article states that 80 complaints were lodged against NY state bars between March 20 and May 9 for violating social distancing requirements. It is unclear whether these establishments were acting as “take-away restaurants” but NY takes social distancing requirements seriously.

As a caveat, other jurisdictions and alcohol control boards around the country will follow suit. To our operator clients in the State of Florida and other areas of the country, take heed. When your doors are permitted open, enforce social distancing and related requirements (such as enforcing mask wearing). The industry has suffered terribly from Covid 19. Don’t let a bad decision add additional and avoidable pain. Enforce social distancing within your four walls to avoid license suspension and other potential liabilities.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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