S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  408--A
 
                        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  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01441-02-5
 S. 408--A                           2
 
 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.
   §  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.