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.
LBD06512-01-1
S. 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.
