A couple of weeks ago, Reason
conveyed the sad news that
bottomless booze brunches were technically illegal in New
York. Weeping and gnashing of teeth ensued and many promising
weekend plans were tragically cut short.
But fear not! The folks at New York State Liquor Authority
freaked out about all the bad publicity—Reason was hardly alone in
its dismay—lumbered into semi-consciousness and issued a statement
clarifying the law. Looks like your local brunch spot’s infinity
pool filled with OJ and cheap champagne is probably
legal after all:
Serving unlimited drinks to a patron is prohibited under the
Alcoholic Beverage Control law, and instances of over serving by
our licensees will be investigated and prosecuted. However, there
is a limited exception in the statute when the service of alcohol
is incidental to the event, such as in the case of certain brunch
specials.Even under these limited exceptions, licensees still have a
legal obligation not to over serve patrons. The [New York State
Liquor Authority] will continue to take a balanced regulatory
approach by allowing licensees to conduct specials where alcohol is
an accompaniment, while simultaneously cracking down on specials
that promote excessive drinking.
By all means, toast this good news with a Bloody Mary this
weekend.
But the fact that no one could
figure out the rules until word came down from on high isn’t
exactly encouraging. Before blogging the initial story, I went and
looked at the legal language that the press release from the NYC
Hospitality Alliance (Section 117a, in case
you’d like to go have a look).
The verbiage is as clear as a mudslide, of course. The fact that
journalists and restaurateurs need regulators to come in an
interpret the law like be-suited Oracles at Delphi means it’s bad
law, badly written. It also means that restaurants should fear
selective enforcement, for NIMBY or political reasons.
It’s enough to make you need a drink. Or 10.
H/T John Brewer, who likes good news.
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