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A02452 Summary:

COSPNSRLupardo, Reyes, Rivera J, Cook, Rosenthal D, Taylor, Stirpe, Woerner, Cruz, Pichardo, Davila, Wallace, Santabarbara, Hevesi, Gunther, Rozic, Sayegh, DeStefano, Manktelow, Ashby, Forrest, McDonald, Hunter, Galef, Conrad, McMahon, Gonzalez-Rojas, Richardson, Barrett, Sillitti, Griffin, Zinerman, Rodriguez, Clark, Buttenschon, Jacobson
Amd §§81-a, 106 & 110, ABC L
Relates to direct marketing activities for New York beverages; authorizes the sale of beer and wine at movie theaters.
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A02452 Text:

                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-
          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
          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.

        A. 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.
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