#Bars restricted from selling chips with booze to get around Cuomo rule

Aides to Gov. Andrew Cuomo reversed course Wednesday and ruled that pubs and restaurants can’t just sell potato chips with alcoholic drinks as a way to comply with a new order that bars the sale of booze without food during the coronavirus pandemic.

It’s another blow to and hurdle for bars and eateries with liquor licenses trying to survive during the COVID-19 crisis.

The edict comes after an upstate pub cheekily mocked the booze only sales ban by adding a $1 bag of “Cuomo Chips” to the bills of all patrons.

But the Cuomo-controlled State Liquor Authority issued new guidance that says chips do not count as substantial food or “other” food snacks in a Q&A prepared for licensed retailers.

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

Answer: Hotdogs, chicken wings and salad pass muster — chips do not.

“The purpose of the requirement that food be sold with alcohol is to permit outside and limited indoor dining (outside of New York City), with alcoholic beverages, while restricting the congregating and mingling that arise in a bar service/drinking only environment, the SLA said.

“`Other foods’ are foods which are similar in quality and substance to sandwiches and soups; for example, salads, wings, or hotdogs would be of that quality and substance,” the guidance said.

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

Last week, a Cuomo official said ordering just chips was “consistent” with the food-requirement rule as long as patrons were seated.

The SLA tells eateries and pubs that the rule is a public health measure aimed at preventing crowded booze fests that could spread COVID-19.

“As a restaurant or bar owner, in determining whether a particular item is substantial enough, please keep in mind the purpose of this policy: to ensure that patrons are enjoying a sit-down dining experience among a small group with drinks, i.e. a meal, and not a drinking, bar-type experience,” the SLA said.

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

But Adam Humphrey, co-owner of Harvey’s Restaurant and Bar in Saratoga Springs that introduced the “Cuomo Chips” on the menu last week, said the anti-chips rule is “just another hoop to jump through.”

“Obviously the name was to bring some humor into it,” Humphrey said of invoking Cuomo’s name with the pub’s chips.

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

“I understand a lot of the stuff that’s happening in the city but to blend in those that are complying, it was rough for us to hear. It was frustrating,” he said.

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

“Our chips come in frozen, they are kettle chips and we cook them. They’re on our menu already, we just rearranged the price and the name to lighten the blow. We used to sell the same size bowl for $6.

“I know the chips are chips, but we are still giving out a substantial portion…..We also have other options as well, to make sure we are maintaining compliance”

As for the anti-chip rule, he said, “It’s definitely a burden on everybody. It’s a struggle and I don’t think it’s about people not complying.”

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

“I’m sorry it’s come to this, but it’s a dangerous situation and I’ve said it many, many times,” he said.

Cuomo on Wednesday listed mobs of young people congregating outside bars as a top problem along with the spike in crime and unruly protests.

“This is not just crimes, shootings etc, but you also have young people in the bars and restaurants … you also have the unrest after the George Floyd murder,” he said.