BILL NUMBER: S408
SPONSOR: SKOUFIS
 
TITLE OF BILL:
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
 
PURPOSE:
To define airline lounges and include them among the types of premises
that may be licensed by the New York State Liquor Authority and identify
the privileges and requirements related thereto.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 3 of the alcoholic beverage control law by
adding a new subdivision 39, which would provide for the definition of
an airline lounge.
Section 2: Amends subdivision 6 of section 64-a of the alcoholic bever-
age control law, including airline lounges among the types of on-premis-
es licenses the New York State Liquor Authority may issue.
Section 3: Amends subdivision 6 of section 64-a of the alcoholic bever-
age control law, including airline lounges and further clarifying the
types of on-premises licenses the New York State Liquor Authority may
issue.
Section 4: Amends section 106 of the alcoholic beverage control law by
adding a new subdivision 8-a, which would provide that a premises
licensed as an airline lounge may be closed to the general public and
serve alcoholic beverages at no charge; provided, however, that food
shall be required to be made available to airline lounge guests.
Section 5: Sets effective date.
 
JUSTIFICATION:
The New York State Liquor Authority has interpreted ABCL section 2 to
mandate that licensed premises remain open to the public unless explic-
itly exempted by law. Currently, only Caterer and Club Licenses,
restricted to specific not-for-profit organizations, permit limited
access to certain guests. As a result, airline lounges must offer one-
day passes to the general public for an entry fee of up to forty
dollars. However, the amenities provided by airline lounges are primari-
ly intended for authorized ticket holders and loyalty program members.
This legislation would authorize airline lounges to obtain a license
that exempts them from the requirement to be open to the general public.
 
LEGISLATIVE HISTORY:
Senate
2022: S9289, Referred to Investigations and Government Operations
2023: S4352A, Advanced to Third Reading
2024: S4352A, Passed Senate
Assembly
2022: A10509, Referred to Economic Development
2023: A1465A, Referred to Economic Development
2024: A1465A, Referred to Economic Development
 
FISCAL IMPACT:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments made to subdivision 6 of section 64-a of the alcoholic bever-
age 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.

Statutes affected:
S408: 3 alcoholic beverage control law, 64-a alcoholic beverage control law, 64-a(6) alcoholic beverage control law, 106 alcoholic beverage control law