S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    408
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing retail licenses to sell liquor for on-premises consumption
   at airline lounges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the alcoholic beverage control law is  amended
 by adding a new subdivision 39 to read as follows:
   39. "AIRLINE LOUNGE" MEANS AND INCLUDES ANY PREMISES LOCATED WITHIN AN
 AIRPORT  AND  SUCH  PREMISES  IS  OWNED, LEASED, OR OPERATED BY A UNITED
 STATES CERTIFICATED AIRLINE WHICH REGULARLY AND IN A  BONA  FIDE  MANNER
 FURNISHES PROVISIONS AND SERVICES THEREIN.
   §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
 law, as amended by section 2 of part CC of chapter 55  of  the  laws  of
 2024, is amended to read as follows:
   6. No special on-premises license shall be granted except for premises
 in which the principal business shall be: (a) the sale of food or bever-
 ages  at  retail  for  consumption  on the premises [or]; (b) AN AIRLINE
 LOUNGE; OR (C) the operation of a legitimate theatre, including a motion
 picture theatre that is a building or facility which is  regularly  used
 and  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 where all audi-
 torium  seating  is permanently affixed to the floor and 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, or such other
 lawful adult  entertainment  or  recreational  facility  as  the  liquor
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01441-01-5
 S. 408                              2
 
 authority,  giving  due  regard to the convenience of the public and the
 strict avoidance of sales prohibited by this  chapter,  shall  by  regu-
 lation classify for eligibility.
   §  3.  Subdivision 6 of section 64-a of the alcoholic beverage control
 law, as amended by chapter 475 of the laws of 2011, is amended  to  read
 as follows:
   6. No special on-premises license shall be granted except for premises
 in which the principal business shall be: (a) the sale of food or bever-
 ages  at  retail  for  consumption  on the premises [or]; (b) AN AIRLINE
 LOUNGE; OR (C) the operation of  a  legitimate  theatre  or  such  other
 lawful  adult  entertainment  or  recreational  facility  as  the liquor
 authority, giving due regard to the convenience of the  public  and  the
 strict  avoidance  of  sales  prohibited by this chapter, shall by regu-
 lation classify for eligibility. Nothing contained in  this  subdivision
 shall  be  deemed  to  authorize  the  issuance of a license to a motion
 picture theatre, except those meeting the definition of  restaurant  and
 meals, and where all seating is at tables where meals are served.
   §  4.  Section 106 of the alcoholic beverage control law is amended by
 adding a new subdivision 8-a to read as follows:
   8-A. A LICENSE ISSUED FOR SUCH PREMISES AS ARE BEING CONDUCTED  AS  AN
 AIRLINE  LOUNGE  SHALL AUTHORIZE THE HOLDER THEREOF TO SELL AT RETAIL OR
 GIVE AWAY ALCOHOLIC BEVERAGES ONLY TO PERSONS WITH CERTAIN AIRLINE TICK-
 ET OR LOUNGE ACCESS PRIVILEGES AND LOYALTY PROGRAM MEMBERS AS AUTHORIZED
 BY SUCH LICENSEE AND ONLY FOR CONSUMPTION ON THE  PREMISES  WHERE  SOLD.
 FOOD  SHALL  BE  MADE  REGULARLY AVAILABLE FOR SALE OR OTHERWISE TO SUCH
 PERSONS FOR CONSUMPTION ON THE PREMISES.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to subdivision 6 of section 64-a of the alcoholic
 beverage control law made by section two of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to  section  5
 of part CC of chapter 55 of the laws of 2024, as amended, when upon such
 date the provisions of section three of this act shall take effect.