The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7681--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2019
                               ___________

Introduced  by  M. of A. FAHY, LENTOL, LUPARDO, McDONALD, D'URSO, REYES,
  RIVERA,  COOK,  D. ROSENTHAL,  TAYLOR,  DeSTEFANO,  STIRPE,   WOERNER,
  CROUCH,  CRUZ, PICHARDO, DAVILA, MANKTELOW -- Multi-Sponsored by -- M.
  of A. SAYEGH -- 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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11610-03-9

A. 7681--A                          2

  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
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

A. 7681--A                          3

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.