The New York State Senate

 
                     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.