Bill Text: NY S04136 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to direct marketing activities for New York beverages; authorizes the sale of beer and wine at movie theaters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S04136 Detail]
Download: New_York-2021-S04136-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4136 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture 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 21 regard to the convenience of the public and the strict avoidance of 22 sales prohibited by this chapter. 23 b. A special license under this section may be granted to a motion 24 picture theatre. For the purposes of this subdivision, "motion picture 25 theatre" shall mean a building or facility which is regularly used and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06512-01-1S. 4136 2 1 kept open primarily for the exhibition of motion pictures for at least 2 five out of seven days a week, or on a regular seasonal basis of no less 3 than six contiguous weeks, to the general public; (i) where all audito- 4 rium seating is permanently affixed to the floor; (ii) where at least 5 sixty-five percent of the motion picture theatre's annual gross revenues 6 is the combined result of admission revenue for the showing of motion 7 pictures and the sale of food and non-alcoholic beverages; and (iii) 8 which regularly keeps available for sale to its customers for consump- 9 tion on the premises food that is typically found in a motion picture 10 theatre including, but not limited to, popcorn, candy and light snacks. 11 § 3. Section 106 of the alcoholic beverage control law is amended by 12 adding a new subdivision 16 to read as follows: 13 16. A person holding a special license to sell wine at retail for 14 consumption in a motion picture theatre pursuant to subdivision five of 15 section eighty-one-a of this chapter shall: 16 (a) for every purchase of an alcoholic beverage, require the purchaser 17 to provide written evidence of age as set forth in paragraph (b) of 18 subdivision two of section sixty-five-b of this chapter; 19 (b) allow the purchase of no more than one alcoholic beverage per 20 transaction; 21 (c) not commence the sale of alcoholic beverages until: (i) one hour 22 prior to the start of the first motion picture; or (ii) at the time at 23 which the sale or service of alcoholic beverages for consumption on the 24 premises in the county in which the premises is located may commence; 25 whichever is later; and 26 (d) cease all sales of alcoholic beverages: (i) after the conclusion 27 of the final motion picture; or (ii) at the time at which the sale or 28 service of alcoholic beverages for consumption on the premises in the 29 county in which the premises is located must cease, whichever is earli- 30 er. 31 § 4. Subdivision 1 of section 110 of the alcoholic beverage control 32 law is amended by adding a new paragraph (j) to read as follows: 33 (j) In the case of a motion picture theatre applying for a special 34 license under subdivision five of section eighty-one-a of this chapter, 35 any municipality required to be notified under section one hundred ten-b 36 of this article shall provide written notice that such municipality has 37 no objection to such application. 38 § 5. Subdivision 6 of section 110 of the alcoholic beverage control 39 law, as amended by chapter 188 of the laws of 2013, is amended to read 40 as follows: 41 6. The authority may in its discretion waive the submission of any 42 category of information described in this section for any category of 43 license or permit, provided that it shall not be permitted to waive the 44 requirement for submission of any such category of information solely 45 for an individual applicant or applicants and provided further that no 46 waiver of paragraph (f) or paragraph (j) of subdivision one of this 47 section shall be made. 48 § 6. This act shall take effect immediately provided, however, that 49 the provisions of section two of this act shall expire 5 years after 50 such date when upon such date the provisions of such section shall be 51 deemed repealed. Notwithstanding such repeal, any license issued pursu- 52 ant to the provisions of section two of this act prior to the date of 53 repeal of such section shall remain in effect and may be renewed subject 54 to the terms of such license.