New York State Said N/A, But 38 States Said Yes To Extended Cocktails To-Go + Wine Bottle Sales For Restaurants

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New York’s cocktails-to-go rule, which included bottles of wine being sold from restaurants, and freshly packaged cocktails being sold from bars and restaurants, disappeared with 24 hours notice once Governor Cuomo decided that New York’s State of Emergency was over, which sunset many remaining rules that hadn’t been protected beforehand, such as the alcohol-to-go rule.

This formerly unthinkable privilege helped many restaurants survive the economic shutdown, and customers loved it. New York state is already known for several restrictions on wine sales, and opening up this one was a shock to the restaurant industry, but a welcome one. So much so, that 78% of New Yorkers surveyed by the New York State Restaurant Association said they support making the move permanent.

Restaurant businesses like Homespun in Beacon, owned by Joe Robitaille, a sommelier, had bought months before the pandemic was declared and restaurant operations were mandated in a stop-and-go fashion. “We put together our wine shop knowing that the state would end this privilege at some point, but did not expect to have 24 hours notice that we couldn’t sell bottles of wine to bring home anymore. I am sitting on cases of inventory of very hard-to-find wine that I cannot sell.”

Bottles of wine accounted for about 12% of Homespun’s sales, including the pickup, patio, parklet, catering, and eventual indoor dining. Restaurants in New York City are also reeling, as they and others spent the past 15 months accumulating inventory. Judy’s, a restaurant in Sunset Park, Brooklyn, has $15,000 worth of inventory that cannot be sold, as reported by Eater.

Joe is going to sell his wine by the glass as best he can. It will be the most amazing by-the-glass wine you have ever been offered by a small cafe.

Did The 24-hour Cut-Off Need To Be? The Flash Sale Of The Century Of Restaurant’s Wine Bottles?

Did it need to be this way? Dutchess County Executive Marcus Molinaro, who ran for governor against Governor Cuomo, says no. And he thinks that the State Liquor Authority is outdated as well. He told A Little Beacon Blog: “Counties across the state learned about the end of the State of Emergency by a tweet from the Governor. There was no coordination.” Molinaro continued: “Certainly we wanted to see an end to the emergency powers, but with a transition, for this very reason, we would have advocated for businesses. For economic relief for the for relief orders that stood. Plus, some people are not comfortable coming out yet, and prefer to eat and drink from their favorite restaurants at home.”

Molinaro feels that more local control should be given to counties. “For instance,” he explained, “in Dutchess County, I don't have the ability to override a State Order. But I can, through an Emergency Order, waive local law. Like with outdoor dining. Just this week, I talked with city managers across all municipalities about extending outdoor dining (via parklets) until Labor Day, to help the restaurants.”

Does the County Executive want to see the to-go alcohol extended for bottles of wine and freshly made cocktails? “I’d like to see how our businesses feel. I personally have no objection. I'm 100% supportive of extending it. I don't object to permanent, but I think there ought to be a process.”

In New York City, Mayor De Blasio was surprised by his own opinion: “It actually worked pretty well—I don't blame anyone who thought it might be a little dicey, but it actually worked pretty well," he told Gothamist. "I am concerned about all the restaurants and bars that we want to survive as part of the life of this city," he added. "So I think that should be looked at, to see if there's some way to appropriately continue it at least for the foreseeable future while we're trying to bring back hospitality industry."

The National Trend In Legalizing To-Go Cocktails and Bottles Of Wine Sold From Restaurants

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Back at Homespun, as Joe taped his Cuomo-inspired 15% off sign to his sidewalk board, hoping to sell as many bottles as he could in 24 hours, he mused: “Massachusetts just last week announced that they would extend these measures through March 2022 to give restaurants and bars a chance to recover.”

Indeed, Massachusetts did extend, but this was after vocal opposition from trade groups representing liquor stores. As reported by CNBC, “Robert Mellion, executive director and general counsel of the Massachusetts Package Store Association, wrote in a Boston Herald column that altering alcohol laws would impact public safety and hurt brick-and-mortar retailers. On Wednesday (May 26, 2021), the Massachusetts Senate rejected extending the cocktails to-go program, which [was] set to expire on June 15.”

Just a week and a half later, on June 8, Massachusetts reversed course and extended alcohol-to-go until March 2022. And they aren’t alone: 38 states in the nation have extended their alcohol-to-go privileges, according to Food and Wine. So far, 11 states have made their pandemic-inspired privileges permanent, with Texas and Florida being the latest to sign permanent legislation, according to the Distilled Spirits Council as reported by Food and Wine. Other states offering permanent alcohol-to-go sales include Iowa, Ohio, Kentucky, Wisconsin, Montana, Arkansas, West Virginia, Georgia, and Oklahoma, as well as the District of Columbia.

Extending The Law Was Tried In New York, But No Answer

In March 2021, an attempt to prolong alcohol-to-go was made by Assemblywoman Patricia Fahy, who sponsored Bill A3116 to lengthen alcohol-to-go services for 2 years. According to News10, restaurants supported the extension, but Fahy said there had been pushback from liquor stores and distributors. According to The New York Times, blame was put on the Legislature: “The Legislature failed to codify the ability of restaurants to offer alcohol to-go,” New York State’s Liquor Authority said in an emailed statement to The New York Times, referring to legislation to extend the takeout alcohol that state lawmakers did not act on before their session ended this month (June). Lawmakers return in January 2022.

Who Is To Blame, Anyway? How Does The Law Change?

Said Joe of Homespun, as he added the words “Cinderella Sale On Wine! Ends At Midnight!” to an Instagram post: “The Governor and Legislature did not seem to consult with any meaningful group of independent restaurants on their decision, because if they had, there would have been chatter and anxiety about this in the weeks leading up. But it was like turning off a light. Sudden.”

The state legislature would have needed to make the change with a bill, which was proposed and died. Governor Cuomo had been extending the alcohol-to-go privilege every 14 days. Could he have made the alcohol-to-go rule permanent? Was the blame entirely with the legislature? Dutchess County Executive Marcus Molinaro does not think so. He explained to A Little Beacon Blog: “What the New York State Liquor Authority is saying in that New York Times quote is: If the governor advised the Legislature that the order was going to be rescinded, and wanted the state Legislature to do that, he would have done that. This is as much the fault of the Administration as it is the Legislature. If they both wanted it to happen, it would have happened. The Governor would have told them: ‘You’ll want to consider this local law, because ultimately, I'm going to rescind.’ There has been so much delay on the lifting of the State of Emergency, the Legislature may have gone on recess because they didn't think a sunset would happen yesterday. But they are in the same building. This email statement from the New York State’s Liquor Authority implies they are on different planets. But in fact, they are in the same building.”

Melissa Fleischut, president of the New York State Restaurant Association, shares the sentiment, about how legislation supported by 78% of New Yorkers - that Bill A3116 from Assemblywoman Patricia Fahy - failed to pass. Melissa told Eater: “Only in New York would elected officials ignore an overwhelming majority of the public.” Eater observed: “…legislation has reportedly been tied up by lobbyists, who claim wine and liquor businesses — coming off one of their best years in recent history — are losing money to restaurants and bars offering booze to-go.”

Would Wine Bottles Sold In Restaurants Impact Neighboring Wine and Liquor Stores?

With the several of the same beer brands sold in neighboring gas stations in Beacon and other towns, and a growing selection of craft beers at that, it is hard to say how increased competition would fare. Oftentimes, wines sold in restaurants are carefully picked, almost obsessively chosen and researched brands, as they are in boutique wine stores. Owners have to pine for each case they buy, because quantities are limited. The same can happen with craft beers that are produced in small batches.

In Beacon, the wine store and restaurant owners are pals. Steve Ventura, owner of Dirty Bacchus, Beacon’s newest highly niche wine store with bottles from far corners of Etruscan regions, still buys wine from Joe’s collection at Homespun.

“I support Joe for many reasons,” Steve told A Little Beacon Blog. “Not least because of all the hurdles that have been raised in front of his project since the beginning. From all the construction around him to COVID-19. So my feelings about this are specific to Homespun and not general statements. Joe is also a big supporter of other businesses in the community, so it is important for the community to support him. We, Beacon, need him to succeed, even if it pulls a little business from my bottom line for awhile.”

Proof In The Profit Of Cocktails-To-Go: POOF, Bye Bye

“Hard liquor is the most profitable thing in a restaurant,” said Brianne McDowell, a Beaconite and career manager of a boutique hotel servicing many celebrities in New York City, until she was laid off during the pandemic, losing her benefits and health insurance for her family that includes an elementary school student. During her career, she has been part of opening and training teams for new restaurants in many cities, including Las Vegas, Los Angeles, New York City, and Miami. Now she takes gigs filling in as a General Manager as favors for friends who can’t find anyone to hire during the current hiring climate, where people are demanding better pay and benefits from the hospitality industry. With her own career in transition, she is stepping into a consulting role to give her more flexibility than her previous hotel and restaurant life.

“One or two drinks can pay for an entire bottle for the most part,” estimates Brianne. “For the entire bottle, a bartender can pour 16 drinks from it. Depending on the practices of each establishment, it’s typically 1.5 ounces of liquor for a mixed drink and about 3 ounces for martinis. So you have a bottle of vodka that cost the business owner about $12. They turn around and charge $12 for a drink (definitely Beacon prices). The bottle is pure profit from there. You’re paying for rent, labor, supplies, etc. when you buy a drink. To-go drinks were helping 100%.”

Brian Arnoff, owner of Meyers Olde Dutch and Kitchen Sink across the street, who has become known for specialty cocktails, is disappointed by the decision. “I am definitely disappointed that they are not continuing this policy. It will have some impact on our business. Personally I think it only proved that we should have much less restrictive policies around selling alcohol, businesses should be able to try new and creative approaches to serving their customers, business owners should be left to decided what works for them (obviously as long as they’re meeting basic standards like not selling to minors/paying taxes etc). One caveat, which again proves the point, is most licenses holders can continue and always could sell beer to-go, which again makes no sense. Why beer and not wine? That being said, I am not surprised, hopefully the legislature will take another look at this and consider making adjustments to these rules.

Restaurants Left With Inventory, And Consultants Needing To Pivot Again

Hudson Valley Food Hall spun like a top through the economic shutdown. Having signed on new food vendors right when the pandemic hit, owner Marko Guzijan did everything he could every day to stay afloat. After the 24-hour notice, he hit a fresh wall, telling A Little Beacon Blog: “I have about 200 canned cocktails that I can no longer sell to-go. So I paid to create, can and label cocktails that I will now get bartenders to open at the bar, and pour into a glass.”

The canned cocktail company was a pandemic baby. “The guy who created the canned cocktail company was a wine rep who lost his job during the pandemic and created this company to try and pivot to support himself. He’s now completely screwed.”

POS (Point of Sale) systems took off during the pandemic, to make ordering food easier and contact-less. Marko made such an investment. “The Food Hall recently signed up for a POS system where customers can order from all vendors at once (paying one bill) and pick up or get Door-Dash to deliver. This was a shared cost that was mostly supported by the bar (The Roosevelt Bar is the bar in the back of the food hall). What is the point of the bar picking up the tab of this new system if they can’t sell to-go drinks?”

Marko isn’t stopping there. He’s been reaching out to lawmakers. “I want politicians held accountable for this. I want anyone who doesn’t support the extension of the to-go drinks out of office. I spoke with Senator Serino and she said she supports the extension, but they are out of session and the Democrats didn’t want to pass the bill. I spoke with Jacobson’s office and they said they would get back to me (and they did but I missed the call, I’ll call them back). I called the Governor’s office but didn’t get through (I’m planning to email). I want to contact the Assemblyman in Fishkill to find out where he stands. I want names of the politicians who failed (once again) the restaurant/bar industry and I want them held accountable.”

Thrillist’s day-after cocktail-to-go death announcement.

Thrillist’s day-after cocktail-to-go death announcement.

New Yorkers Don’t Have To Live Like This

While most headlines lamented the death of the cocktail-to-go, most moved on, thinking it normal that the 24-hour rule got switched off. But people in 38 other states in this country are still enjoying it, and will be for some time.

Liquor and wine stores in New York, however, never saw a forced close or had any sales limits put on them, as they were deemed essential businesses. New York has a history of very restrictive legislation placed on wine sales, moreso than in other sates. Examples include:

  • Restricted close times. Until recently (see ALBB’s article covering it), wine stores needed to close at 7pm, while beer stores and bars could be open far later. Dutchess County Legislators from Beacon tried to change the law to 9pm at the encouragement of Artisan Wine Shop in Beacon as well as others, but resistance from wine stores further upstate was fierce. In open letters, the wine and liquor stores stated that they did not want to pay employees to be open for longer hours, and feared for their safety. Some in the public made the argument of extended hours would encourage alcoholics, despite the fact that people with a problem will hoard up on bottles no matter what time a store is open. With a big push, the law was finally changed, and local stores in Beacon are able to stay open longer.

  • No wine sales in grocery stores. People who move to New York from out of state are shocked to find that there aren’t any wine aisles at the grocery stores. From as far back as 1960, legislators in New York have tried pushing a bill through to allow it. According to Food and Wine, Governor Mario Cuomo proposed it in 1984: “Grocery stores have long pressed for the right to sell wine. The proposal first surfaced in the 1960s, and was last seriously debated after Gov. Mario Cuomo proposed it in 1984. But liquor store owners, most of whom sell far more wine than spirits, have fought it tooth and nail.” During a 2008 push under Governor David Paterson, who was trying to collect more taxes during that recession, also did not succeed, yet with a little less resistence then: “Wholesalers have also opposed it, but appear to be staying neutral this time.”

  • The proposed “at rest” rule. This proposed legislation introduced in 2013 by state Sen. Jeffrey Klein, which failed, “would have required all alcoholic beverages sold by New York wholesalers to remain ‘at rest’ in a warehouse in New York for at least 24 hours prior to delivery to a retailer or restaurant.” The stated goal of the bill, SB3849, is to create new jobs in New York and "level the current playing field" for the state's wine and spirits wholesalers,” according to Wine Spectator. Most of the New York wine wholesalers used storage in New Jersey, and saw the required 1 million square feet of space in New York as nonexistent. According to the article, New York's two largest wholesalers, Southern Wine and Spirits and Empire Merchants (a subsidiary of the Charmer Sunbelt Group), did not publicly state their position on the bill, but had donated thousands of dollars to New York politicians, according to Wine and Spirits.

  • “Consignment.” According to Joe from Homespun, the concept of selling wine on consignment was attempted to be made illegal. This is when a collector gives wine to a restaurant to sell, and the collector gets paid only after the wine is sold. It happens all the time in the retail industry with clothing and jewelry from designers, and eases the burden of investing in inventory. Joe theorizes: “They, in a board meeting I’m sure, perhaps blamed this minuscule tiny tiny tiny fraction of wine sales in restaurants as the reason whatever “brand” (note the lack of the word “winery”) wasn’t selling.”

Dutchess County Executive Marcus Molinaro wants the rules revisited. “We would like to see all of the economic relief measures remain in place through the summer months. We have even discussed why we should ever restore some of them. Some of these rules just don't make sense.”

Further, Molinaro sees the need for big changes in the State Liquor Authority: “I have long advocated the State Liquor Authority to go local. It has outlived its usefulness and is beholden to wholesalers. Many rules are to benefit the supplier. That's a position one can take. We think it should be treated as local zoning. I've advocated for this since I was in State Assembly.”

FOLLOW UP: Wine and Liquor Store 7 pm Law Moves To New York State Liquor Authority For Public Comment

Pictured here are two wine stores in Beacon who support extending the open hours. Photo Credit: Katie Hellmuth Martin

Pictured here are two wine stores in Beacon who support extending the open hours.
Photo Credit: Katie Hellmuth Martin

A law that restricts wine and liquor stores to close by 7 pm, and to open for only one hour in the morning on select major holidays, has been moving toward being repealed, after years of resistance from local businesses upcounty who wanted to maintain the short hours, citing that stores who opted to stay open until 9 pm would cannibalize their business.

In a milestone never before reached by prior Dutchess County Legislators who attempted the repeal, it appears that the time is ripe for overriding the opposition. Proposed changes to the law are now before the New York State Liquor Authority, who needs to hear from the public on whether they want this law changed. The New York State Liquor Authority is holding a Public Comment hearing on Tuesday, August 27, at 4:30 pm at 1 Overocker Road in Poughkeepsie., and wants to hear from you before they make their decision.

In Prior Years, Attempts To Extend Open Hours Failed

Former Dutchess County Legislator Jerry Landisi attempted to change this law years ago, with Beacon Mayor Randy Casale’s support. It didn’t budge. This year, current Dutchess County Legislator (and Beacon resident) Frits Zernike authored a resolution to change the law, citing in a press release: "This allows individual businesses to tailor their hours to the buying habits of people in their localities, instead of the one-size-fits-some regulation we now have. Because you can stay open til 9 pm doesn't mean you have to. But the 7 pm closing time means everybody has to stop doing business at the same time."

2019 Saw The Most Success - Plus A Veto - To Extend The Hours

The 2019 attempt also had the support of Beacon’s mayor and city council; the Mayor traveled to the legislature meeting where the vote was passed 18-6 in April 2019 in favor of extending the open hours. However, the Dutchess County Executive, Marcus Molinaro vetoed that vote, declaring that not enough public awareness was made about the vote. Yet, in his memo announcing his veto, he said he supported the move to extend the open hours:

 

“I have no objection to this county requesting the New York State Liquor Authority consider extending the hours of operation for Dutchess wine and liquor stores. I support competition and a more open market place, and I want Dutchess County businesses to have the greatest opportunity to compete and succeed.

Restrictive State policies and outdated laws governing this industry have created an uneven playing field that should be addressed. Further, in many ways, the State Liquor Authority remains an institution rooted in the past, unable to keep up with the rapidly changing market, local needs, and the concerns of the State’s and Dutchess County’s residents. A better system would devolve authority and allow local municipalities with their zoning regulations to regulate the retail of wine and liquor for off-premises consumption. It is befuddling, at best, as to why New York has maintained this Prohibition-era regime, and I do not know how this County became the last in the state to enable extended hours of operation.”

 

The legislators voted again to override his vote, 19-5 in May 2019, moving the challenge to the State Liquor Authority.

What Will Happen Next?

Tune in after Tuesday, August 27, when the New York State Liquor Authority hears from the public. You could comment here or on our Instagram about this, but if you really want to make a difference, travel up to the meeting! Or according to the Poughkeepsie Journal, you can write in:

EMAIL
Secretarys.Office@sla.ny.gov
Include in the subject line: "Dutchess County Hearing."

LETTER BY SNAIL MAIL
Address your comments to the secretary's office at:
80 South Swan St. Suite 900
Albany, NY 12210

Dutchess County Legislature Votes 19-5 to Override Molinaro's Veto of Open Hours Extension for Wine and Liquor Stores

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A challenge to a law mandating that wine and liquor stores in Dutchess County must close by 7 pm on weekdays - with more limitations on select major holidays - has advanced twice through the Dutchess County Legislature by a wide majority. The proposed law would allow businesses to extend their hours to 9 pm on weekdays and on select major holidays. The first vote of approval of extending open hours occurred on April 8, 2019, and was 18-6. That vote was vetoed by County Executive Marcus Molinaro. Tonight, on Monday, May 13, 2019, the Dutchess County Legislators met again to vote to override Molinaro’s veto, and did so with a vote of 19-5.

This vote allows the proposed open hours extension to go before the State Liquor Authority, who will hold a Public Comment period, and then make a final decision.

This law has been challenged before but never passed. Here’s a look at the twists and turns this particular issue has taken so far over the years:

What Is The Backstory?

Current Allowed Open Hours For Wine and Liquor Stores

9 am to 7 pm
Weekdays

9 am to 10 am
New Year's, Memorial, Independence, Labor, and Thanksgiving Day (set your alarm!)

9 am to 10 pm
The Day Before Thanksgiving, December 18th – 24th, and New Year's Eve

Proposed Extended Open Hours

9 am to 9 pm
Weekdays

9 am to 9 pm
New Year's, Memorial, Independence, Labor, and Thanksgiving days, and on the day before Thanksgiving, December 18th - 24th and New Year's Eve

Wine and liquor stores in Dutchess County have had to operate within shorter open hours than equivalent shops in surrounding counties for years. The closing time is 7 pm, and on some holidays such as New Year's, Memorial, Independence, Labor, and Thanksgiving Day, they are allowed to be open for one hour, from 9 am to 10 am (set your alarm!).

Did Beacon Wine and Liquor Stores Ever Challenge The 7 pm Close Time, That They Now Call “Restrictive“?

The law was challenged by county legislators. In 2016, then-Dutchess County Legislator Jerry Landisi tried to get the open hours extended. The City of Beacon signed a Resolution (aka a law that says that they support something, so that it’s super official and has votes of council people). Mayor Casale backed it then, and continues to back it today.

During The 2016 Challenge, No Vote Happened. Some Stores Opposed The Extension.

“[The resolution proposing the extended hours] never made it out of committee,” says current Dutchess County Legislator Frits Zernike, the author of the latest attempt to extend the open hours to 9 pm. “That seems to be because liquor store owners up-county, in Poughkeepsie and beyond, are fearful of what expanded hours would mean. As they see it, they'd have to stay open later, never seeing their families, and face the certain prospect of being robbed after dark.“

In an email interview with A Little Beacon Blog, Mei Ying So, of Artisan Wine Shop in Beacon, recalled the last time the law was challenged: “We have never been contacted when legislation regarding extending operating hours was coming up before the committee in years past. The last time this came before the committee, it was defeated in committee and it was only through local media that we found out after the fact that it had even happened.”

Why Would A Store Oppose The Open Hours Extension?

Business owners in opposition feared that if the open hours were extended, that the shop would be required to stay open longer. However, this rule change would simply allow businesses to stay open later; it is not a mandate that the business must stay open until the latest permitted closing time. Some shop owners have voiced concerns that if a neighboring business is open, then they will lose business. Such is another example of fears of business competition potentially being written into law, which we are seeing possibly happen between the City of Beacon and prepared food vendors during the Beacon Farmers Market yearly lease negotiation.

In their own words, here are excerpts of some letters of opposition submitted during the course of 2014-2016:

Poughkeepsie Wine & Liquor Inc. wrote in, stating: “I want it to be known that I am against the extension of hours that we can be open in Dutchess County. We are a small business with a limited number of employees who work long hours already and who need some time with their families, especially on holidays and after work. Staying open later in the evening could also be a danger to our safety since we are small independent stores.”

Cotter’s Wine and Liquor Store, in Pleasant Valley, wrote in: “I am opposed to opening on New Year’s, Memorial, Independence, Labor and Thanksgiving days. People plan for holiday parties. Those days are our holidays too and we want to spend them with our families. I am also opposed to extended hours year-round. They do not equate to increased income, but rather to increased expenses. Before proposing any such legislation, a poll of all liquor stores should have been taken.”

Said Charel’s Liquors in Lagrangeville, N.Y. “I need the members to understand that we know this is a choice to open on holidays and extend hours, but you are forcing our hand. You will be taking business away from us that would just come back to us the next day. The law to allow stores to open on Sundays has done nothing but take away from family time for our business. It has simply spread our sales out that we would have made on Saturday and Monday.”

Family time was the theme of other letters.

This Time Around, Petitions Were Put Forth By Store Owners In Favor Of Hours Extension, In Addition To Opposition

In March of 2019, stores in the Beacon area put out petitions for signatures. Says Mei of Artisan Wine: “We (four stores in all - Artisan Wine Shop, Pioneer Wine & Liquor, Beacon Wine Shoppe, and Boutique Wines, Spirits and Ciders in Fishkill) collected over 1,000 signatures from consumers, all taxpayers, most are residents. Hundreds of emails and Facebook messages in support were sent to the Legislature. And the legislators themselves talked to many of the stores in their districts. Legislator Frits Zernike did a lot of leg work to inform stores as well, months ago.”

Supporters showed up at the Dutchess County Legislature meeting about it on Thursday, April 4 (watch it here), which would be a time to officially ask for the vote on Monday, April 8, to ask the State Liquor Authority to extend the hours.

Who spoke in support?

According to Mei, who attended that meeting: “There were nine people speaking in support of the legislation: from Artisan Wine Shop, Mei Ying So, Tim Buzinski and Sam Lozoff; Kitty Sherpa, co-owner of Beacon Natural Market (she also read a letter in support from Wineology in Pawling); Jessica Gonzalez, Beacon resident and well-known, award-winning bartender; Hal Newell, owner of Harker House Wine & Spirits in Clinton Corners; Paige Fiori, co-owner of Boutique Wines, Spirits and Ciders in Fishkill, and her husband; and one of Paige's customers.”

Beacon’s Mayor Casale attended to voice his support for the hours extension as well.

Who spoke against?

Stores speaking against included Arlington Wine in Poughkeepsie, Southside in Poughkeepsie, some stores in Hyde Park, and a customer of one of the Hyde Park store owners. You can watch the whole April 8 session here, where the public comments start at minute 35.

Legislator Zernike wrote into the 2019 resolution a recommendation about how competition should be handled: “Concerns about crime, lost or increased business and revenue, as well as quality-of-life issues arising from decisions regarding hours of operation are best resolved by individual business owners, rather than subject to legislative regulation or edict.”

Voting Round 1 Results: 18-6; Which Is Vetoed By County Executive Marcus Molinaro

After hearing from the public, who traveled from around Dutchess County to attend, the Dutchess County Legislature voted 18-6 in favor of hours extension, which would move along the law change to the State Liquor Authority for a final vote.

The Legislature’s vote must go before the County Executive Marcus Molinaro to approve or veto. In a letter of support for the hours extension, the County Executive stated that “Restrictive State policies and outdated laws governing this industry have created an uneven playing field that should be addressed. Further, in may ways, the State Liquor Authority remains an institution rooted in the past, unable to keep up with the rapidly changing market, local needs, and the concerns of the State’s and Dutchess County’s residents. A better system would devolve authority and allow local municipalities with their zoning regulations to regulate the retail sale of wine and liquor for off-premises consumption. It is befuddling, at best, as to why New York has maintained this Prohibition-era regime, and I do not know how this County became the last in the state to enable extended hours of operation.”

With that letter of support, Molinaro vetoed the resolution, stating that it needed more time for public comment and awareness to mayors and supervisors.

Dutchess County Legislature Overrides Molinaro’s Veto 19-5

Back to this past Monday, May 13, 2019, weeks after that veto. The Dutchess County Legislature met again to acquire enough votes to override the veto, which they did. The resolution will now proceed to the State Liquor Authority, to open up for Public Comment once again, and then the final decision will be made.

Stay tuned…

Old Law Of Mandatory 7 pm Close Time For Wine & Liquor Shops Challenged Tonight By Lawmakers

Photo Credit: Katie Hellmuth Martin

Photo Credit: Katie Hellmuth Martin

Wine and liquor stores in Dutchess County are required by law to close at 7 pm, as we discussed with Artisan Wine Shop when we discovered Artisan’s petition asking for extended hours. Wine shops in surrounding counties are able to stay open longer, but thanks in part to some liquor stores fighting years ago to keep a short leash on the closing time, the 7 pm law has remained in effect for Dutchess County. This law is being challenged on Thursday, April 4, by a new resolution authored by Dutchess County Legislator Frits Zernike and co-authored by Dutchess County Legislator Nick Page. The resolution proposes that stores be able to stay open until 9 pm. Frits will present the resolution tonight at the April 4 Legislative Committee Meeting, which is open to the public to attend and voice opinion.

“Dutchess County, for all its advances in recent years, remains a backward place,” said Frits to A Little Beacon Blog via email. “Our opening hours are the most restrictive in the state, and we lose business to neighboring counties with less antediluvian laws because of them.” In the past, county representatives from Beacon, including Jerry Landisi, have challenged this law. “Similar resolutions have been introduced in the past, and have never made it out of committee,” said Frits.

The resolution that Frits is proposing today requests that wine and liquor stores “be permitted from 9 am to 9 pm on weekdays, as well as on New Year's, Memorial, Independence, Labor, and Thanksgiving days, and on the day before Thanksgiving, December 18-24, and New Year's Eve,” as stated in the resolution he authored.

In April 2015, the City of Beacon created its own resolution to show support for extended open hours, and it was signed by nearly all of Beacon’s City Council at that time: Charles P. Kelly, Pamela Wetherbee, Ali T. Muhammad, Lee Kyriacou, George Mansfield, and Mayor Randy Casale (Peggy Ross was absent for the vote). But the law was never able to be changed.

Why The Opposition To Later Than 7 pm?

The reason seems to reside with stores located (more) upstate. Said Frits: “[The lack of change] seems to be because liquor store owners up county, in Poughkeepsie and beyond, are fearful of what expanded hours would mean. As they see it, they'd have to stay open later, never seeing their families, and face the certain prospect of being robbed after dark. There are various holes in those arguments, but in the past they've prevailed.”

This line of thinking was displayed in a letter submitted when this law was being challenged several years ago, from a wine and liquor store owner in Lagrangeville, NY. From the supporting documents, the letter reads: “Has anyone taken into consideration the already long hours that my family works and how this proposal will just increase our work hours and shorten our family time? Has anyone thought to think of the increased overhead this will create for our already struggling businesses? And finally has anyone thought of the increase in crime and burglaries that may occur if stores are allowed to stay open past 7 pm?”

The store owner went on to say in the 2015 letter: “You will be taking business away from us that would just come back to us the next day. The law to allow stores to open on Sundays has done nothing but take away from family time for our business. It has simply spread our sales out that we would have made on Saturday and Monday.”

In his support of longer hours, Frits point out that stores are not mandated to stay open longer. “Expanded hours won't force anybody to do anything; they'll just offer greater opportunity. Stores that wish will be able to stay open until 9 pm. Those wanting to close earlier can.”

Frits has written this logic into his proposed resolution, which reads: “WHEREAS concerns about crime, lost or increased business and revenue, as well as quality of life issues arising from decisions regarding hours of operation are best resolved by individual business owners, rather than subject to legislative regulation or edict.”

Artisan Has Acquired 200+ Signatures From Customers In Support Of Longer Hours

Artisan’s petition is in support of this resolution. Artisan Wine Shop has amassed more than 200 signatures from customers who do want longer shopping hours, who may not necessarily simply return the next day. Beacon is a commuter city, where many people are just beginning to arrive home at 7 pm. Shops who close at 6 or 7 often leave commuters shopping on the weekends if at all.

Beaconites often head off on day trips out of Beacon and may or may not be able to hit up wine stores in Beacon to stock up on bottles for the week if they can’t shop after 7 pm during the week. Wine shops outside of Beacon may benefit, however, as people are doing errands on Route 9 and are in other towns on day trips.

Editor’s Note: there are other wine shops in Beacon, and should we get input from them, we will update this article. Usually this requires us visiting them in person.

Where To Go to Voice Opinion

This resolution proposing a longer open time will be presented on Thursday, April 4, 2019 at a Committee Meeting at 5:30 pm in the County Legislature chambers. That location is at 22 Market St., 6th Floor, in Poughkeepsie. Members of the public are invited to speak on agenda items at the meeting. There is a three-minute time limit for each individual's comments.

Residents who want their voices heard about this issue are encouraged to email the general legislature email: CountyLegislature@DutchessNY.gov

Will Open Hours For Wine and Liquor Stores Change This Time?

Will the law change this time? Allowing wine and liquor stores to stay open past 7 pm? When the rest of retail locations like bars, breweries, beer stores and gas stations that sell beer are open long into the night? Stay tuned!

Wine Shops Must Close At 7pm In Dutchess County - Artisan Wine Shop Is Petitioning That - Wants Later Hours

Photo Credit: Katie Hellmuth Martin

Photo Credit: Katie Hellmuth Martin

UPDATE 4/4/2019: Artisan’s petition supports a resolution that Dutchess County Legislator Frits Zernike has authored, which requests that the law be changed to allow wine and liquor stores to remain open longer. Read more about that resolution - being presented on Thursday, April 4 - here.

If you’ve ever sauntered to Artisan Wine Shop on a summer evening, only to be met with a “Closed” sign at 7:30 pm, it’s not because they want to call it a night. Wine and liquor stores in Dutchess County are not allowed to stay open past 7 pm. Many people leaving their desk in New York City, Westchester County or Poughkeepsie (or anywhere else that involves extended commute times) often arrive home after 7 pm. Which means they are not able to shop for wine after 7 pm.

Currently, the hours of retail sale of wine and liquor in Dutchess County are restricted to 9 am to 7 pm on weekdays (defined as Monday to Saturday), and 9 am to 10 am on New Year’s, Memorial, Independence, Labor, and Thanksgiving days. You read that right - one hour on those holidays. “We usually don’t even open on Thanksgiving, Memorial Day, or the Fourth of July,” said a staff member from Artisan Wine Shop when A Little Beacon Blog called to confirm the one-hour holiday policy on those days.

People can, however, walk down to a wine bar, like Chill or Oak Vino, who can be open late into the night. Or, people could stop into a beer shop, like Beacon Craft Beer Shoppe next door to Key Food, to stock up on creatively brewed craft beer. People could decide to patronize any of the growing number of craft breweries in the area, like Two Way Brewing or Hudson Valley Brewing Company. While you’re at it, a person could even go to a whiskey distillery tasting room, like Dennings Point Distillery by Rite Aid, to sip a little and listen to live music late at night.

The Fight To Extend Open Hours For Wine and Liquor Stores Continues

Crossroads Wine and Spirit in Fishkill asked local government to extend Open hours in 2014, as it was hurting their business to close at 7pm. They have since closed this location.

Crossroads Wine and Spirit in Fishkill asked local government to extend Open hours in 2014, as it was hurting their business to close at 7pm. They have since closed this location.

Wine and liquor stores have tried to change this in the past. Crossroads Wine and Spirit in Fishkill wrote an email in 2014 to local government, asking that it reconsider the early closing time, especially considering other counties in New York had later closing times. In 2015, a resolution went through Beacon, asking Dutchess County to reconsider the early closing time (see resolution PDFs here). From Beacon’s 2015 Resolution to Dutchess County:

“The City Council of the City of Beacon hereby requests the Dutchess County Board of Legislators recognize the current County liquor store closing hours create an inconvenience to County residents, visitors to the County and it is also detrimental to the business owners and taxpayers, as it forces dollars that would otherwise be spent in Duchess County to be spent elsewhere and that therefore, the hours of operation for liquor stores on Monday through Saturday be permitted to be from 9:00 am to 10:00 pm.”

Today - People and Businesses Continue To Want Wine and Liquor Stores Open Longer

Inside of Artisan Wine Shop. Photo Credit: Katie Hellmuth Martin

Inside of Artisan Wine Shop.
Photo Credit: Katie Hellmuth Martin

Now it’s March 2019, and there is a stack of signatures on a petition on the counter at Artisan Wine Shop, asking Dutchess County to let wine and liquor shops stay open until at least 9 pm.

From Artisan Wine Shop’s petition, supporters from all over Dutchess County - not just Beacon - are encouraged to write to their county legislators, both to the General legislature email address, and to one’s own county legislator directly.

From the petition: “We're asking Dutchess County residents to email the Dutchess County Legislature to make the biggest impact. And please forward this to your family, friends, colleagues and acquaintances in the county (as many outside of Beacon as possible too!).“

Emails To Send Open Hour Extension Requests To:

  • General legislature address: CountyLegislature@DutchessNY.gov

  • For Beacon: fzernike@dutchessny.gov or npage@dutchessny.gov

Artisan Wine Shop is located at 180 Main Street, Beacon, NY. And they’re only open until 7 pm, so plan accordingly.