S T A T E O F N E W Y O R K
________________________________________________________________________
5725--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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
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
authority, giving due regard to the convenience of the public and the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01441-03-5
A. 5725--A 2
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 PROVIDE ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION ONLY TO PERSONS WITH LOUNGE ACCESS
PRIVILEGES AND THEIR GUESTS AS AUTHORIZED BY THE AIRLINE. FOOD SHALL BE
MADE REGULARLY AVAILABLE FOR SALE OR OTHERWISE TO SUCH PERSONS FOR
CONSUMPTION ON THE PREMISES.
§ 5. Subdivision 3 of section 117-a of the alcoholic beverage control
law, as amended by chapter 114 of the laws of 2000, is amended to read
as follows:
3. With respect to an individual licensee, this section shall not
apply to private functions not opened to the public, such as weddings,
banquets, or receptions, or other similar functions, or to a package of
food and beverages where the service of alcoholic beverages is inci-
dental to the event or function, OR TO A LICENSED AIRLINE LOUNGE WHERE
THE SERVICE OF ALCOHOLIC BEVERAGES IS INCIDENTAL TO THE SERVICES
PROVIDED THEREIN.
§ 6. 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.