The boozy brunch lovers of this city lost their minds earlier this week when the New York City Hospitality Alliance pointed out that "bottomless brunch" promotions are against the law, and always have been. According to the SLA: "The ABC Law prohibits from selling, serving, delivering or offering to patrons an unlimited number of drinks during any set period of time for a fixed price." Now, two days after the reminder about this obscure law, the State Liquor Authority issues a clarification:
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.According to the law, two for one deals and half-priced specials are okay, and so are events like wedding receptions and catered functions, where there's an open bar. It sounds like the SLA is just clarifying that restaurants cannot serve endless rounds of watery mimosas or bloody Marys for one fixed price. When asked about this new dispatch from the SLA, NYCHA president Andrew Rigie told Eater: "At this point we are just referring people to the SLA for further clarification."
· SLA says certain Brunch Specials w/ Alcohol IS OK [NYCHA]
· Turns Out Bottomless Brunch is Actually Against the Law [~ENY~]