S T A T E O F N E W Y O R K
________________________________________________________________________
4136
2021-2022 Regular Sessions
I N S E N A T E
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:
Section 1. Subdivisions 2, 4, 5 and 6 of section 284 of the agricul-
ture and markets law, as added by chapter 834 of the laws of 1981, are
amended to read as follows:
2. Development of institutional direct marketing programs to increase
the purchase of New York state farm, BEVERAGE, and food products in
coordination with the office of general services and the department of
education.
4. Development of guidelines for direct marketing operations that will
assist individual producers in reducing costs and improve their finan-
cial returns and help assure consumers of high quality food AND BEVERAG-
ES.
5. Assistance to retail food AND BEVERAGE stores in purchasing direct-
ly from New York state food AND BEVERAGE producers.
6. Assistance to direct marketing organizations in areas identified as
having poor consumer access to high quality and reasonably priced food,
BEVERAGES, and farm products.
§ 2. Section 81-a of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:
5. A. NOTWITHSTANDING ANYTHING TO THE CONTRARY, A SPECIAL LICENSE
UNDER THIS SECTION MAY BE GRANTED TO A MOTION PICTURE THEATRE GIVING DUE
REGARD TO THE CONVENIENCE OF THE PUBLIC AND THE STRICT AVOIDANCE OF
SALES PROHIBITED BY THIS CHAPTER.
B. A SPECIAL LICENSE UNDER THIS SECTION MAY BE GRANTED TO A MOTION
PICTURE THEATRE. FOR THE PURPOSES OF THIS SUBDIVISION, "MOTION PICTURE
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
KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION PICTURES FOR AT LEAST
FIVE OUT OF SEVEN DAYS A WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS
THAN SIX CONTIGUOUS WEEKS, TO THE GENERAL PUBLIC; (I) WHERE ALL AUDITO-
RIUM SEATING IS PERMANENTLY AFFIXED TO THE FLOOR; (II) WHERE AT LEAST
SIXTY-FIVE PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL GROSS REVENUES
IS THE COMBINED RESULT OF ADMISSION REVENUE FOR THE SHOWING OF MOTION
PICTURES AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES; AND (III)
WHICH REGULARLY KEEPS AVAILABLE FOR SALE TO ITS CUSTOMERS FOR CONSUMP-
TION ON THE PREMISES FOOD THAT IS TYPICALLY FOUND IN A MOTION PICTURE
THEATRE INCLUDING, BUT NOT LIMITED TO, POPCORN, CANDY AND LIGHT SNACKS.
§ 3. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 16 to read as follows:
16. A PERSON HOLDING A SPECIAL LICENSE TO SELL WINE AT RETAIL FOR
CONSUMPTION IN A MOTION PICTURE THEATRE PURSUANT TO SUBDIVISION FIVE OF
SECTION EIGHTY-ONE-A OF THIS CHAPTER SHALL:
(A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER;
(B) ALLOW THE PURCHASE OF NO MORE THAN ONE ALCOHOLIC BEVERAGE PER
TRANSACTION;
(C) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL: (I) ONE HOUR
PRIOR TO THE START OF THE FIRST MOTION PICTURE; OR (II) AT THE TIME AT
WHICH THE SALE OR SERVICE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES IN THE COUNTY IN WHICH THE PREMISES IS LOCATED MAY COMMENCE;
WHICHEVER IS LATER; AND
(D) CEASE ALL SALES OF ALCOHOLIC BEVERAGES: (I) AFTER THE CONCLUSION
OF THE FINAL MOTION PICTURE; OR (II) AT THE TIME AT WHICH THE SALE OR
SERVICE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES IN THE
COUNTY IN WHICH THE PREMISES IS LOCATED MUST CEASE, WHICHEVER IS EARLI-
ER.
§ 4. Subdivision 1 of section 110 of the alcoholic beverage control
law is amended by adding a new paragraph (j) to read as follows:
(J) IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A SPECIAL
LICENSE UNDER SUBDIVISION FIVE OF SECTION EIGHTY-ONE-A OF THIS CHAPTER,
ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER SECTION ONE HUNDRED TEN-B
OF THIS ARTICLE SHALL PROVIDE WRITTEN NOTICE THAT SUCH MUNICIPALITY HAS
NO OBJECTION TO SUCH APPLICATION.
§ 5. Subdivision 6 of section 110 of the alcoholic beverage control
law, as amended by chapter 188 of the laws of 2013, is amended to read
as follows:
6. The authority may in its discretion waive the submission of any
category of information described in this section for any category of
license or permit, provided that it shall not be permitted to waive the
requirement for submission of any such category of information solely
for an individual applicant or applicants and provided further that no
waiver of paragraph (f) OR PARAGRAPH (J) of subdivision one of this
section shall be made.
§ 6. This act shall take effect immediately provided, however, that
the provisions of section two of this act shall expire 5 years after
such date when upon such date the provisions of such section shall be
deemed repealed. Notwithstanding such repeal, any license issued pursu-
ant to the provisions of section two of this act prior to the date of
repeal of such section shall remain in effect and may be renewed subject
to the terms of such license.
