Bill Text: NY A07681 | 2019-2020 | General Assembly | Amended

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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 21-4)

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A07681 Detail]

Download: New_York-2019-A07681-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7681--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 15, 2019
                                       ___________

        Introduced  by  M. of A. FAHY, LENTOL, LUPARDO, McDONALD, D'URSO, REYES,
          RIVERA,  COOK,  D. ROSENTHAL,  TAYLOR,  DeSTEFANO,  STIRPE,   WOERNER,
          CROUCH,  CRUZ, PICHARDO, DAVILA, MANKTELOW -- Multi-Sponsored by -- M.
          of A. SAYEGH -- 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 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11610-03-9
        A. 7681--A                          2

     1    5. a. Notwithstanding anything to  the  contrary,  a  special  license
     2  under this section may be granted to a motion picture theatre giving due
     3  regard  to  the  convenience  of  the public and the strict avoidance of
     4  sales prohibited by this chapter.
     5    b.  A  special  license  under this section may be granted to a motion
     6  picture theatre. For the purposes of this subdivision,  "motion  picture
     7  theatre"  shall  mean a building or facility which is regularly used and
     8  kept open primarily for the exhibition of motion pictures for  at  least
     9  five out of seven days a week, or on a regular seasonal basis of no less
    10  than  six contiguous weeks, to the general public; (i) where all audito-
    11  rium seating is permanently affixed to the floor; (ii)  where  at  least
    12  sixty-five percent of the motion picture theatre's annual gross revenues
    13  is  the  combined  result of admission revenue for the showing of motion
    14  pictures and the sale of food and  non-alcoholic  beverages;  and  (iii)
    15  which  regularly  keeps available for sale to its customers for consump-
    16  tion on the premises food that is typically found in  a  motion  picture
    17  theatre including, but not limited to, popcorn, candy and light snacks.
    18    §  3.  Section 106 of the alcoholic beverage control law is amended by
    19  adding a new subdivision 16 to read as follows:
    20    16. A person holding a special license to  sell  wine  at  retail  for
    21  consumption  in a motion picture theatre pursuant to subdivision five of
    22  section eighty-one-a of this chapter shall:
    23    (a) for every purchase of an alcoholic beverage, require the purchaser
    24  to provide written evidence of age as set  forth  in  paragraph  (b)  of
    25  subdivision two of section sixty-five-b of this chapter;
    26    (b)  allow  the  purchase  of  no more than one alcoholic beverage per
    27  transaction;
    28    (c) not commence the sale of alcoholic beverages until: (i)  one  hour
    29  prior  to  the start of the first motion picture; or (ii) at the time at
    30  which the sale or service of alcoholic beverages for consumption on  the
    31  premises  in  the  county in which the premises is located may commence;
    32  whichever is later; and
    33    (d) cease all sales of alcoholic beverages: (i) after  the  conclusion
    34  of  the  final  motion picture; or (ii) at the time at which the sale or
    35  service of alcoholic beverages for consumption on the  premises  in  the
    36  county  in which the premises is located must cease, whichever is earli-
    37  er.
    38    § 4. Subdivision 1 of section 110 of the  alcoholic  beverage  control
    39  law is amended by adding a new paragraph (j) to read as follows:
    40    (j)  In  the  case  of a motion picture theatre applying for a special
    41  license under subdivision five of section eighty-one-a of this  chapter,
    42  any municipality required to be notified under section one hundred ten-b
    43  of  this article shall provide written notice that such municipality has
    44  no objection to such application.
    45    § 5. Subdivision 6 of section 110 of the  alcoholic  beverage  control
    46  law,  as  amended by chapter 188 of the laws of 2013, is amended to read
    47  as follows:
    48    6. The authority may in its discretion waive  the  submission  of  any
    49  category  of  information  described in this section for any category of
    50  license or permit, provided that it shall not be permitted to waive  the
    51  requirement  for  submission  of any such category of information solely
    52  for an individual applicant or applicants and provided further  that  no
    53  waiver  of  paragraph  (f)  or  paragraph (j) of subdivision one of this
    54  section shall be made.
    55    § 6. This act shall take effect immediately  provided,  however,  that
    56  the  provisions  of  section  two of this act shall expire 5 years after
        A. 7681--A                          3

     1  such date when upon such date the provisions of such  section  shall  be
     2  deemed  repealed. Notwithstanding such repeal, any license issued pursu-
     3  ant to the provisions of section two of this act prior to  the  date  of
     4  repeal of such section shall remain in effect and may be renewed subject
     5  to the terms of such license.