Bill Text: NY A02452 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to direct marketing activities for New York beverages; authorizes the sale of beer and wine at movie theaters.
Spectrum: Strong Partisan Bill (Democrat 34-3)
Status: (Engrossed - Dead) 2022-01-26 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [A02452 Detail]
Download: New_York-2021-A02452-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2452--A 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. FAHY, LUPARDO, REYES, J. RIVERA, COOK, D. ROSEN- THAL, TAYLOR, STIRPE, WOERNER, CRUZ, PICHARDO, DAVILA, WALLACE, SANTA- BARBARA, HEVESI, GUNTHER, ROZIC, SAYEGH, DeSTEFANO, MANKTELOW, ASHBY, FORREST, McDONALD, HUNTER, GALEF, CONRAD, McMAHON, GONZALEZ-ROJAS, RICHARDSON, BARRETT, SILLITTI, GRIFFIN, ZINERMAN, RODRIGUEZ, CLARK, BUTTENSCHON -- read once and referred to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to issu- ance 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. Section 81-a of the alcoholic beverage control law is 2 amended by adding a new subdivision 5 to read as follows: 3 5. a. Notwithstanding anything to the contrary, a special license 4 under this section may be granted to a motion picture theatre giving due 5 regard to the convenience of the public and the strict avoidance of 6 sales prohibited by this chapter. 7 b. A special license under this section may be granted to a motion 8 picture theatre. For the purposes of this subdivision, "motion picture 9 theatre" shall mean a building or facility which is regularly used and 10 kept open primarily for the exhibition of motion pictures for at least 11 five out of seven days a week, or on a regular seasonal basis of no less 12 than six contiguous weeks, to the general public; (i) where all audito- 13 rium seating is permanently affixed to the floor; (ii) where at least 14 sixty-five percent of the motion picture theatre's annual gross revenues 15 is the combined result of admission revenue for the showing of motion 16 pictures and the sale of food and non-alcoholic beverages; (iii) which 17 regularly keeps available for sale to its customers for consumption on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06512-06-1A. 2452--A 2 1 the premises food that is typically found in a motion picture theatre 2 including, but not limited to, popcorn, candy and light snacks; and (iv) 3 which is not located in a city with a population of one million or more. 4 § 2. Section 106 of the alcoholic beverage control law is amended by 5 adding a new subdivision 16 to read as follows: 6 16. A person holding a special license to sell wine at retail for 7 consumption in a motion picture theatre pursuant to subdivision five of 8 section eighty-one-a of this chapter shall: 9 (a) for every purchase of an alcoholic beverage, require the purchaser 10 to provide written evidence of age as set forth in paragraph (b) of 11 subdivision two of section sixty-five-b of this chapter; 12 (b) allow the purchase of no more than two alcoholic beverages per 13 ticket; 14 (c) not commence the sale of alcoholic beverages until: (i) one hour 15 prior to the start of the first motion picture, but no earlier than four 16 prime meridian; or (ii) at the time at which the sale or service of 17 alcoholic beverages for consumption on the premises in the county in 18 which the premises is located may commence; whichever is later; 19 (d) cease all sales of alcoholic beverages: (i) after the conclusion 20 of the final motion picture; or (ii) at the time at which the sale or 21 service of alcoholic beverages for consumption on the premises in the 22 county in which the premises is located must cease, whichever is earli- 23 er; 24 (e) prepare and submit as part of a complete application to the 25 authority an alcoholic beverage control plan to ensure public safety and 26 to prevent those under the age of twenty-one from acquiring alcoholic 27 beverages while in a motion picture theatre. Such plan may consider: the 28 times of showings, the setting of the theatre, usual clientele, and any 29 other factors the authority shall consider necessary. Such plan shall be 30 based on guidance and templates prepared by the authority; and 31 (f) permit consumption of alcoholic beverages only in screening rooms 32 that are limited to patrons aged seventeen or older unless accompanied 33 by a parent or adult guardian. 34 § 3. Subdivision 1 of section 110 of the alcoholic beverage control 35 law is amended by adding a new paragraph (j) to read as follows: 36 (j) In the case of a motion picture theatre applying for a special 37 license under subdivision five of section eighty-one-a of this chapter, 38 any municipality required to be notified under section one hundred ten-b 39 of this article shall provide written notice that such municipality has 40 no objection to such application being deemed complete. 41 § 4. Subdivision 6 of section 110 of the alcoholic beverage control 42 law, as amended by chapter 188 of the laws of 2013, is amended to read 43 as follows: 44 6. The authority may in its discretion waive the submission of any 45 category of information described in this section for any category of 46 license or permit, provided that it shall not be permitted to waive the 47 requirement for submission of any such category of information solely 48 for an individual applicant or applicants and provided further that no 49 waiver of paragraph (f) or paragraph (j) of subdivision one of this 50 section shall be made. 51 § 5. Severability clause. If any provision of this act or application 52 thereof shall for any reason be adjudged by any court of competent 53 jurisdiction to be invalid, such judgment shall not affect, impair, or 54 invalidate the remainder of the act, but shall be confined in its opera- 55 tion to the provision thereof directly involved in the controversy in 56 which the judgment shall have been rendered.A. 2452--A 3 1 § 6. This act shall take effect immediately provided, however, that 2 the provisions of section one of this act shall expire 5 years after 3 such date when upon such date the provisions of such section shall be 4 deemed repealed. Notwithstanding such repeal, any license issued pursu- 5 ant to the provisions of section one of this act prior to the date of 6 repeal of such section shall remain in effect and may be renewed subject 7 to the terms of such license.
