Why The Nutcracker Cocktail Is Banned In NYC

Hailed as a staple of New York City summers, a nutcracker is an off-market drink popularized in the Big Apple that's made with several high-proof liquors (such as vodka, rum, Everclear, tequila, or cognac), that's mixed with any kind of sweet juice or Kool-Aid, and then placed in a freezer to become slushy. 

Some makers have even added candy like Jolly Ranchers to further sweeten the mix, which has made the drink appealing to people of all ages, including those who might be underage. Until 2010, nutcrackers were sold on the street, in bodegas, and barbershops, and were mostly unregulated by many sellers who were not in possession of a liquor license. However, as parents and legislators became concerned over underage drinking, a "nutcracker bill" was signed into law in 2011 by then-governor Andrew Cuomo. 

It effectively banned the sale of alcohol in New York City barbershops in particular, where many minors were accessing the high-alcohol drink. Essentially, barbers caught selling nutcrackers to minors would be penalized with fines, potential jail time, and stripped of their barbering license.

With origins in the Uptown part of Manhattan, nutcrackers are said to have been invented in Washington Heights in the early '90s with the Flor de Mayo restaurant largely credited with its creation. As word-of-mouth spread, street vendors have historically sold the to-go cocktails in cups or small plastic bottles ever since. 

Recipes vary, but a nutcracker always has a high alcohol content masked by intense sweetness. And that means just one bottle can get someone inebriated very fast. In 2010, news reports about the drinks being sold to those under the legal drinking age of 21 caused a moral panic across the city, leading to a major nutcracker crackdown. Summonses between $250 and $500 were issued by the NYPD to street dealers and customers caught with the drink, and the State Liquor Authority devoted 20% of its 11-person staff force to investigate nutcracker sales, leading to the new legislation.

Even though the bill targeted barbershops, it ensured any business selling alcohol to minors would get slapped with hefty fines and possibly face more than 20 years in prison. Despite this, nutcrackers were still being sold by street vendors and bodegas throughout NYC where it was easier to do so through anonymity (in the case of street sellers) or the fact that the bodegas already sold alcohol and could sneak nutcrackers onto shelves.  

Even so, attempts to ban the drink have not done much to quell NYC's nutcracker market, especially as a resurgence came during the pandemic.

By 2020, there was a nutcracker boom at the start of the COVID-19 pandemic, after to-go alcoholic drinks were made legal by then-Governor Cuomo and, as a result, nutcrackers were then briefly sold as to-go cocktails by some bars around New York City.

Cuomo's executive order expired in early 2022, the same year he left office. Just a few months later, newly elected New York governor Kathy Hochul passed a budget bill re-legalizing the sale of to-go cocktails in bars and restaurants through 2025, though customers are required to buy a substantial food item along with the high-alcohol content beverages.

But, part of the nutcracker's charm appears to be its illicitness, even though some vendors have legitimized their businesses, which is why you still might see a version of nutcrackers in stores. The drink continues to be sold under the table and in high demand; The New York Post even reported on nutcracker inflation prices in the summer of 2022. A typical price for a nutcracker can run between $5 and $10, but some sellers were hawking them for upwards of $15 a pop.