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| The Nutcracker Hustle: Why Selling Bootleg Cocktails Just Got Harder | The Nutcracker Hustle: Why Selling Bootleg Cocktails Just Got Harder |
| (7 days later) | |
| Memorial Day Weekend was always a blowout for Amseshem Foluké, a seasonal nutcracker seller. | Memorial Day Weekend was always a blowout for Amseshem Foluké, a seasonal nutcracker seller. |
| For close to 15 years, he has been serving nutcrackers — bootleg cocktails in flavors like rum punch and mango Patron — out of coolers to summer crowds all over the city. | For close to 15 years, he has been serving nutcrackers — bootleg cocktails in flavors like rum punch and mango Patron — out of coolers to summer crowds all over the city. |
| “Usually, I can get $500 if I stand in one spot for 25 minutes,” said Mr. Foluké, a video producer who sells the drinks on the side. | “Usually, I can get $500 if I stand in one spot for 25 minutes,” said Mr. Foluké, a video producer who sells the drinks on the side. |
| This year, with public gatherings pretty much canceled, Mr. Foluké, also known as Oyay Mayo (he calls his cocktails “Oyays”), made about $500 for the entire three-day weekend. He has adjusted by taking more orders on Instagram and making more deliveries by car, while wearing a mask and collecting payments through smartphone apps like Cash App and Zelle. | This year, with public gatherings pretty much canceled, Mr. Foluké, also known as Oyay Mayo (he calls his cocktails “Oyays”), made about $500 for the entire three-day weekend. He has adjusted by taking more orders on Instagram and making more deliveries by car, while wearing a mask and collecting payments through smartphone apps like Cash App and Zelle. |
| He’s also working toward possible partnerships. So far, he said, he has plans to mix custom flavors for a popular D.J., and he’s in talks to sponsor a podcast hosted by 50 Cent’s son, Marquise Jackson. | He’s also working toward possible partnerships. So far, he said, he has plans to mix custom flavors for a popular D.J., and he’s in talks to sponsor a podcast hosted by 50 Cent’s son, Marquise Jackson. |
| Mr. Foluké, who has been taking his nutcracker business seriously for years now, is acutely feeling the need to distinguish his brand this season. The pandemic has inspired out-of-work bartenders, D.J.s, security guards, party promoters, and other hospitality workers to start selling bootleg cocktails, too. | Mr. Foluké, who has been taking his nutcracker business seriously for years now, is acutely feeling the need to distinguish his brand this season. The pandemic has inspired out-of-work bartenders, D.J.s, security guards, party promoters, and other hospitality workers to start selling bootleg cocktails, too. |
| Meanwhile, because of a new provision allowing bars and restaurants to sell wine and carryout cocktails along with food, there’s even more competition. | Meanwhile, because of a new provision allowing bars and restaurants to sell wine and carryout cocktails along with food, there’s even more competition. |
| In other words, suddenly everyone’s trying to be a nutcracker seller. | In other words, suddenly everyone’s trying to be a nutcracker seller. |
| The enterprise has come a long way since the first nutcrackers were batched by Dominican-American entrepreneurs in Washington Heights some 25 years ago. | The enterprise has come a long way since the first nutcrackers were batched by Dominican-American entrepreneurs in Washington Heights some 25 years ago. |
| One constant of the practice, however, is its breach of the law: Selling without a liquor license — as independent vendors must, since only businesses with physical space qualify for licensing — is illegal. Those who are caught can be fined or sent to jail. According to the criminal defense lawyer Todd Spodek, most nutcracker offenses involve fines under $500 and one-day stints in confinement. | One constant of the practice, however, is its breach of the law: Selling without a liquor license — as independent vendors must, since only businesses with physical space qualify for licensing — is illegal. Those who are caught can be fined or sent to jail. According to the criminal defense lawyer Todd Spodek, most nutcracker offenses involve fines under $500 and one-day stints in confinement. |
| Meanwhile bars and restaurants now have legal permission to sell takeout drinks, and some independent vendors who are new to the nutcracker game have financial resources that old-school sellers, traditionally black and Latino people from lower-income neighborhoods, have never had access to. The nutcracker hustle, it seems, is being co-opted by local businesses and people with better access to capital. | Meanwhile bars and restaurants now have legal permission to sell takeout drinks, and some independent vendors who are new to the nutcracker game have financial resources that old-school sellers, traditionally black and Latino people from lower-income neighborhoods, have never had access to. The nutcracker hustle, it seems, is being co-opted by local businesses and people with better access to capital. |
| In this situation, according to Jacob William Faber, an associate professor of sociology and public service at New York University’s Wagner School of Public Service, “there is a perfect parallel to marijuana legalization, in that people of color were punished for years for the same practice that has now considered an economic necessity.” | In this situation, according to Jacob William Faber, an associate professor of sociology and public service at New York University’s Wagner School of Public Service, “there is a perfect parallel to marijuana legalization, in that people of color were punished for years for the same practice that has now considered an economic necessity.” |
| Just last summer, it was business as usual, Mr. Foluké said. “Now I’m in competition not only with these new stores, but with other people that are newly making drinks just because of quarantine.” | Just last summer, it was business as usual, Mr. Foluké said. “Now I’m in competition not only with these new stores, but with other people that are newly making drinks just because of quarantine.” |
| Kimberly Garcia is one such newcomer. She was a bartender at Last Stop Bar & Grill, named for its location off the northernmost stop on the 2 train at 241st Street in the Bronx. The pandemic closed it down, and Ms. Garcia, 26, found herself without a job. | Kimberly Garcia is one such newcomer. She was a bartender at Last Stop Bar & Grill, named for its location off the northernmost stop on the 2 train at 241st Street in the Bronx. The pandemic closed it down, and Ms. Garcia, 26, found herself without a job. |
| Now she is mixing and selling sweet mojitos, margaritas, and lychee-tinis out of her home in Soundview, posting menus and taking orders from friends and acquaintances through Instagram. | Now she is mixing and selling sweet mojitos, margaritas, and lychee-tinis out of her home in Soundview, posting menus and taking orders from friends and acquaintances through Instagram. |
| She charges $12 to $15 for each 16-ounce drink, and makes twice as much as what she spends on supplies, she said. If her bar reopens, she plans to continue her side gig. “I’d rather just work for myself,” she said, even if it means operating without a liquor license. | She charges $12 to $15 for each 16-ounce drink, and makes twice as much as what she spends on supplies, she said. If her bar reopens, she plans to continue her side gig. “I’d rather just work for myself,” she said, even if it means operating without a liquor license. |
| Employees at high-end establishments are in a similar situation. Sean Johnson, the head bartender at the Michelin-starred restaurant Gabriel Kreuther, and Blake Walker, the head bartender at Amor y Amargo in the East Village, were both laid off at the outset of the pandemic. So they opened a business called Day and Night Cocktails, also run under the table through Instagram, as a sort of insurance policy against an increasingly fragile hospitality landscape. | Employees at high-end establishments are in a similar situation. Sean Johnson, the head bartender at the Michelin-starred restaurant Gabriel Kreuther, and Blake Walker, the head bartender at Amor y Amargo in the East Village, were both laid off at the outset of the pandemic. So they opened a business called Day and Night Cocktails, also run under the table through Instagram, as a sort of insurance policy against an increasingly fragile hospitality landscape. |
| “Nobody knows what it’s going to look like on the other side of this thing,” Mr. Johnson said. “We’re already hearing about bars closing left and right,” he added, calling the proposal to reopen establishments at 25 percent capacity “a death sentence” that would take down any New York establishment in a matter of months. | “Nobody knows what it’s going to look like on the other side of this thing,” Mr. Johnson said. “We’re already hearing about bars closing left and right,” he added, calling the proposal to reopen establishments at 25 percent capacity “a death sentence” that would take down any New York establishment in a matter of months. |
| Mr. Johnson and Mr. Walker are testing a business built around Scaffas — undiluted cocktails served at room temperature — which they deliver on foot around their respective neighborhoods of Bedford-Stuyvesant and Bushwick. | Mr. Johnson and Mr. Walker are testing a business built around Scaffas — undiluted cocktails served at room temperature — which they deliver on foot around their respective neighborhoods of Bedford-Stuyvesant and Bushwick. |
| Mr. Johnson acknowledges that the drinks are effectively upscale nutcrackers, geared toward a high-income clientele (they run $20 for 4 ounces; for the time being, he said, all profits are being donated to Bushwick Mutual Aid, which helps residents affected by Covid, and the Movement for Black Lives). | Mr. Johnson acknowledges that the drinks are effectively upscale nutcrackers, geared toward a high-income clientele (they run $20 for 4 ounces; for the time being, he said, all profits are being donated to Bushwick Mutual Aid, which helps residents affected by Covid, and the Movement for Black Lives). |
| As for the restaurants and bars serving sidewalk drinkers, the State Liquor Authority specifies that its recent to-go-drink provision intends to “assist businesses impacted by the current state of emergency.” Across the boroughs, bars have embraced the concept, relying on the newly legal to-go cocktails to generate revenue while they’re unable to seat guests in their space. | As for the restaurants and bars serving sidewalk drinkers, the State Liquor Authority specifies that its recent to-go-drink provision intends to “assist businesses impacted by the current state of emergency.” Across the boroughs, bars have embraced the concept, relying on the newly legal to-go cocktails to generate revenue while they’re unable to seat guests in their space. |
| Updated June 30, 2020 | |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | |
| Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. | Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. |
| A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
| The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| Some places are even selling drinks in the squat plastic bottles that nutcrackers are typically served in. Williamsburg’s Rocka Rolla now offers a bottled “Banana Hammock” made of rum, pineapple juice and coconut milk; and in a special “Nutcrackers” section of Sweet Chick Williamsburg’s menu, there is a gin-based cocktail called “Purple Drank.” | Some places are even selling drinks in the squat plastic bottles that nutcrackers are typically served in. Williamsburg’s Rocka Rolla now offers a bottled “Banana Hammock” made of rum, pineapple juice and coconut milk; and in a special “Nutcrackers” section of Sweet Chick Williamsburg’s menu, there is a gin-based cocktail called “Purple Drank.” |
| “That’s the competition right there,” said a nutcracker seller who goes only by Z. He has been in the business for over 10 years. “It’s crazy,” he said. | “That’s the competition right there,” said a nutcracker seller who goes only by Z. He has been in the business for over 10 years. “It’s crazy,” he said. |
| Mr. Foluké, who prides himself on having a peaceful relationship with law enforcement, has nonetheless had multiple run-ins with police on city beaches. Officers have searched and confiscated Mr. Foluké’s merchandise in Far Rockaway, Queens, and one of his employees has been arrested for selling on Coney Island. | Mr. Foluké, who prides himself on having a peaceful relationship with law enforcement, has nonetheless had multiple run-ins with police on city beaches. Officers have searched and confiscated Mr. Foluké’s merchandise in Far Rockaway, Queens, and one of his employees has been arrested for selling on Coney Island. |
| “It’s really businesses on the boardwalk that complain,” Mr. Foluké explained, referring to concessionaires who fear that independent drink sales eat into their profits. | “It’s really businesses on the boardwalk that complain,” Mr. Foluké explained, referring to concessionaires who fear that independent drink sales eat into their profits. |
| Noting a policy that protects storefronts and hurts independent entrepreneurs, Mr. Faber, the N.Y.U. sociologist, addressed the issue. | Noting a policy that protects storefronts and hurts independent entrepreneurs, Mr. Faber, the N.Y.U. sociologist, addressed the issue. |
| “This inequality was created by intergenerational transfers of wealth that excluded people of color and resulted in vastly unequal access to capital and entrepreneurship,” he said. “That has placed black and brown entrepreneurs in this much more precarious, much less visible position” that, he added, is “perceived to be far less worthy of aid than better-financed, white-owned businesses.” | “This inequality was created by intergenerational transfers of wealth that excluded people of color and resulted in vastly unequal access to capital and entrepreneurship,” he said. “That has placed black and brown entrepreneurs in this much more precarious, much less visible position” that, he added, is “perceived to be far less worthy of aid than better-financed, white-owned businesses.” |
| On the other hand, customers have more legal protection when it comes to buying alcoholic drinks through licensed businesses like restaurants and bars. | On the other hand, customers have more legal protection when it comes to buying alcoholic drinks through licensed businesses like restaurants and bars. |
| Given that divide, Mr. Foluké, who holds a degree in marketing from SUNY New Paltz, plans to ride the nutcracker to corporate success, trademarking his brand and gathering investors. | Given that divide, Mr. Foluké, who holds a degree in marketing from SUNY New Paltz, plans to ride the nutcracker to corporate success, trademarking his brand and gathering investors. |
| Ultimately, he would like to distribute his product through a major liquor company — not only for financial return, but to tie the mass-market nutcracker to its roots. “This is a New York hustler thing,” he said. “If it’s going to be corporate, we want it to be corporate the right way.” | Ultimately, he would like to distribute his product through a major liquor company — not only for financial return, but to tie the mass-market nutcracker to its roots. “This is a New York hustler thing,” he said. “If it’s going to be corporate, we want it to be corporate the right way.” |
| Others are less optimistic. After dealing in nutcrackers full-time and developing a brand of his own, Z said that he is ready to call it quits. With the market so volatile, he yearns for something more stable. “It was good while it lasted,” he said. For his next venture, he said, he’s hoping to open a bar. | Others are less optimistic. After dealing in nutcrackers full-time and developing a brand of his own, Z said that he is ready to call it quits. With the market so volatile, he yearns for something more stable. “It was good while it lasted,” he said. For his next venture, he said, he’s hoping to open a bar. |