Hell Square in ‘New Territories’ with Pitch for Spiked Ice Cream

Posted on: April 15th, 2019 at 5:07 am by

In Hell Square, even the ice cream needs liquor. More. More. More.

New Territories, the two-year-old Orchard Street ice cream shop, now seeks a full liquor license. Presumably for some kind of alcoholic frozen treats.

This is – forgive the pun – somewhat new territory. The State Liquor Authority issued a declaratory ruling in January stating that spiked ice cream is not considered an alcoholic beverage by law if the booze content is between .5% and 5%

Below from the state’s judgment:

Ice cream, and other frozen desserts, made with wine, beer or cider with an alcohol content of no more than five percent (5%) is not considered an alcoholic beverage. Even though it is not designated as an alcoholic beverage, if the product has an alcohol content of at least one-half of one percent (0.5%) by volume but no more than five percent (5%) by volume it cannot be sold to any person under the age of twenty-one. In addition, if the product is sold for off-premises consumption, the sale is subject to the following restrictions:

  • The product must be in the sealed package as received from the manufacturer or distributor;
  • The product’s package contains statements regarding the presence of wine, beer or cider in the product; the prohibition regarding sales to individuals under the age of twenty-one; the risk of birth defects if consumed by a woman during pregnancy; the impairment to the ability to drive caused by the consumption by of the product; and
  • Signage in the retail establishment containing the above statements.

It would appear, based on its questionnaire to Community Board 3, that New Territories hopes to serve concoctions with alcohol content higher than the mandated 5% threshold. As such, neighbors fear that the intention might be to both increase the value of the commercial space by converting a previously unlicensed location, and also legally spike their shakes.

Even if New Territories is successful in netting the full OP, the Lower East Side Dwellers Block Association is not optimistic about drinking age enforcement in a destination for folks under 21. The group is opposed to the change, for the record.

“As a mother of a teenager, I know firsthand that meeting for bubble tea or milkshakes is common,” says Dwellers founder Diem Boyd.

“In many ways, New Territories is targeting our youth, and if granted a full liquor license, could mix stronger alcohol content than the up to 5% already permissible by law. I suspect these alcohol infused milkshakes will inevitably get into the hands of underage drinkers.”

Does an ice cream shop surrounded by a halo of forty-plus liquor licenses merit one itself?

CB3 will hear the application at the SLA subcommittee meeting tonight.

Recent Stories

Bagatelle Managers Seek ‘Highlife’ for the Bowery

GupShup owner Jimmy Rizvi isn’t headed to the Bowery, after all. His bid for another Indian restaurant at 245 Bowery failed this fall. Rizvi’s application for full liquor was heard by Community Board 3 back in September, but was instructed to return as the application was incomplete and further outreach needed. His no-show one month […]

Remodeled Seward Park Reopens to the Public

The remodeled Seward Park is now open to the public. Completed in just about six months, this $6.4 million capital works project refreshed many of the deteriorating conditions of the park. And in arguably record timing. Improvements include new park furnishings, equipment, expanded garden area, and renovated library plaza. Yet probably the most significant change […]

The Beatles are Headed to SoHo with New ‘Thread Shop’ Pop-Up

The Beatles are headed to SoHo. Last week, the music press at large revealed that Sony Music Entertainment secured the North American merchandising rights to the Fab Four, and that a holiday pop-up is underway. The lucky neighborhood chosen for this marketing stunt is SoHo. The new store will be temporarily headquartered at 163 Mercer […]

Another Events Space Called SOMMwhere Rises on Ludlow Street

Once an events space, always an event space. That’s the story at 48 Ludlow Street where a new one just opened. What was the Koala Farm studio for a brief moment is now SOMMwhere. It opened last weekend, pitching itself as a “stylish and sustainable escape” for your next shindig. The media advisory is longer […]

Croman’s Amato Opera Building on the Bowery Welcomes ‘Kissaki’ Sushi Next Month

The onetime Amato Opera on the Bowery – renovated and upscaled years ago – will get a high-end sushi restaurant called Kissaki. Eater reported this week that former Gaijin chef-owner Mark Garcia is behind the 26-seat Omakase venture at 319 Bowery. The Omakase menu will cost $160 for twelve pieces of Nigiri and four kaiseki-style […]