Bill Text: NY A02452 | 2021-2022 | General Assembly | Introduced

Bill Title: Relates to direct marketing activities for New York beverages; and authorizes the sale of beer and wine at movie theaters.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Introduced) 2021-01-19 - referred to economic development [A02452 Detail]

Download: New_York-2021-A02452-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021

        Introduced  by M. of A. FAHY, LUPARDO, REYES, J. RIVERA, COOK, D. ROSEN-
          -- read once and referred to the Committee on Economic Development

        AN  ACT  to amend the agriculture and markets law, in relation to direct
          marketing activities; to amend the alcoholic beverage control law,  in
          relation  to  issuance  of licenses to motion picture theatres to sell
          wine and beer; and providing for the repeal of certain provisions upon
          the expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 2, 4, 5 and 6 of section 284 of the agricul-
     2  ture and markets law, as added by chapter 834 of the laws of  1981,  are
     3  amended to read as follows:
     4    2.  Development of institutional direct marketing programs to increase
     5  the purchase of New York state farm,  beverage,  and  food  products  in
     6  coordination  with  the office of general services and the department of
     7  education.
     8    4. Development of guidelines for direct marketing operations that will
     9  assist individual producers in reducing costs and improve  their  finan-
    10  cial returns and help assure consumers of high quality food and beverag-
    11  es.
    12    5. Assistance to retail food and beverage stores in purchasing direct-
    13  ly from New York state food and beverage producers.
    14    6. Assistance to direct marketing organizations in areas identified as
    15  having  poor consumer access to high quality and reasonably priced food,
    16  beverages, and farm products.
    17    § 2. Section 81-a of the alcoholic beverage control law is amended  by
    18  adding a new subdivision 5 to read as follows:
    19    5.  a.  Notwithstanding  anything  to  the contrary, a special license
    20  under this section may be granted to a motion picture theatre giving due

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2452                             2

     1  regard to the convenience of the public  and  the  strict  avoidance  of
     2  sales prohibited by this chapter.
     3    b.  A  special  license  under this section may be granted to a motion
     4  picture theatre. For the purposes of this subdivision,  "motion  picture
     5  theatre"  shall  mean a building or facility which is regularly used and
     6  kept open primarily for the exhibition of motion pictures for  at  least
     7  five out of seven days a week, or on a regular seasonal basis of no less
     8  than  six contiguous weeks, to the general public; (i) where all audito-
     9  rium seating is permanently affixed to the floor; (ii)  where  at  least
    10  sixty-five percent of the motion picture theatre's annual gross revenues
    11  is  the  combined  result of admission revenue for the showing of motion
    12  pictures and the sale of food and  non-alcoholic  beverages;  and  (iii)
    13  which  regularly  keeps available for sale to its customers for consump-
    14  tion on the premises food that is typically found in  a  motion  picture
    15  theatre including, but not limited to, popcorn, candy and light snacks.
    16    §  3.  Section 106 of the alcoholic beverage control law is amended by
    17  adding a new subdivision 16 to read as follows:
    18    16. A person holding a special license to  sell  wine  at  retail  for
    19  consumption  in a motion picture theatre pursuant to subdivision five of
    20  section eighty-one-a of this chapter shall:
    21    (a) for every purchase of an alcoholic beverage, require the purchaser
    22  to provide written evidence of age as set  forth  in  paragraph  (b)  of
    23  subdivision two of section sixty-five-b of this chapter;
    24    (b)  allow  the  purchase  of  no more than one alcoholic beverage per
    25  transaction;
    26    (c) not commence the sale of alcoholic beverages until: (i)  one  hour
    27  prior  to  the start of the first motion picture; or (ii) at the time at
    28  which the sale or service of alcoholic beverages for consumption on  the
    29  premises  in  the  county in which the premises is located may commence;
    30  whichever is later; and
    31    (d) cease all sales of alcoholic beverages: (i) after  the  conclusion
    32  of  the  final  motion picture; or (ii) at the time at which the sale or
    33  service of alcoholic beverages for consumption on the  premises  in  the
    34  county  in which the premises is located must cease, whichever is earli-
    35  er.
    36    § 4. Subdivision 1 of section 110 of the  alcoholic  beverage  control
    37  law is amended by adding a new paragraph (j) to read as follows:
    38    (j)  In  the  case  of a motion picture theatre applying for a special
    39  license under subdivision five of section eighty-one-a of this  chapter,
    40  any municipality required to be notified under section one hundred ten-b
    41  of  this article shall provide written notice that such municipality has
    42  no objection to such application.
    43    § 5. Subdivision 6 of section 110 of the  alcoholic  beverage  control
    44  law,  as  amended by chapter 188 of the laws of 2013, is amended to read
    45  as follows:
    46    6. The authority may in its discretion waive  the  submission  of  any
    47  category  of  information  described in this section for any category of
    48  license or permit, provided that it shall not be permitted to waive  the
    49  requirement  for  submission  of any such category of information solely
    50  for an individual applicant or applicants and provided further  that  no
    51  waiver  of  paragraph  (f)  or  paragraph (j) of subdivision one of this
    52  section shall be made.
    53    § 6. This act shall take effect immediately  provided,  however,  that
    54  the  provisions  of  section  two of this act shall expire 5 years after
    55  such date when upon such date the provisions of such  section  shall  be
    56  deemed  repealed. Notwithstanding such repeal, any license issued pursu-

        A. 2452                             3

     1  ant to the provisions of section two of this act prior to  the  date  of
     2  repeal of such section shall remain in effect and may be renewed subject
     3  to the terms of such license.