Bill Text: NY S06202 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to direct marketing activities for New York beverages; and authorizes the sale of beer and wine at movie theaters.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO AGRICULTURE [S06202 Detail]

Download: New_York-2019-S06202-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6202

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 22, 2019
                                       ___________

        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; and to amend the alcoholic beverage control law,
          in relation to issuance of licenses to motion picture theatres to sell
          wine and beer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 2, 4, 5 and 6 of section 284 of  the  agricul-
     2  ture  and  markets law, as added by chapter 834 of the laws of 1981, are
     3  amended to read as follows:
     4    2. Development of institutional direct marketing programs to  increase
     5  the  purchase  of  New  York  state farm, beverage, and food products in
     6  coordination with the office of general services and the  department  of
     7  education.
     8    4. Development of guidelines for direct marketing operations that will
     9  assist  individual  producers in reducing costs and improve their finan-
    10  cial returns and help assure consumers of high quality food and beverag-
    11  es.
    12    5. Assistance to retail food and beverage stores in purchasing direct-
    13  ly from New York state food and beverage producers.
    14    6. Assistance to direct marketing organizations in areas identified as
    15  having poor consumer access to high quality and reasonably priced  food,
    16  beverages, and farm products.
    17    §  2. Section 81-a of the alcoholic beverage control law is amended by
    18  adding a new subdivision 5 to read as follows:
    19    5. (a) A special license under this section may be granted to a motion
    20  picture theatre. For the purposes of this subdivision,  "motion  picture
    21  theatre"  shall  mean a building or facility which is regularly used and
    22  kept open primarily for the exhibition of motion pictures for  at  least
    23  five out of seven days a week, or on a regular seasonal basis of no less

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11610-01-9

        S. 6202                             2

     1  than  six contiguous weeks, to the general public; (i) where all audito-
     2  rium seating is permanently affixed to the floor; (ii)  where  at  least
     3  sixty-five percent of the motion picture theatre's annual gross revenues
     4  is  the  combined  result of admission revenue for the showing of motion
     5  pictures and the sale of food and  non-alcoholic  beverages;  and  (iii)
     6  which  regularly  keeps available for sale to its customers for consump-
     7  tion on the premises food that is typically found in  a  motion  picture
     8  theatre including, but not limited to, popcorn, candy and light snacks.
     9    (b)  In  the  case  of a motion picture theatre applying for a special
    10  license under this subdivision, any municipality required to be notified
    11  under section one hundred ten-b of this chapter may express  an  opinion
    12  with  respect  to  whether  the application should be approved, and such
    13  opinion may be considered in determining whether good  cause  exists  to
    14  deny any such application.
    15    §  3.  Section 106 of the alcoholic beverage control law is amended by
    16  adding a new subdivision 16 to read as follows:
    17    16. A person holding a special license to  sell  wine  at  retail  for
    18  consumption  in a motion picture theatre pursuant to subdivision five of
    19  section eighty-one-a of this chapter shall:
    20    (a) for every purchase of an alcoholic beverage, require the purchaser
    21  to provide written evidence of age as set  forth  in  paragraph  (b)  of
    22  subdivision two of section sixty-five-b of this chapter;
    23    (b)  allow  the  purchase  of  no more than one alcoholic beverage per
    24  transaction;
    25    (c) not commence the sale of alcoholic beverages until: (i)  one  hour
    26  prior  to  the start of the first motion picture; or (ii) at the time at
    27  which the sale or service of alcoholic beverages for consumption on  the
    28  premises  in  the  county in which the premises is located may commence;
    29  whichever is later; and
    30    (d) cease all sales of alcoholic beverages: (i) after  the  conclusion
    31  of  the  final  motion picture; or (ii) at the time at which the sale or
    32  service of alcoholic beverages for consumption on the  premises  in  the
    33  county  in which the premises is located must cease, whichever is earli-
    34  er.
    35    § 4. This act shall take effect immediately.
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