Ruling Permits On-Premises Beer and Wine Licenses for New York Movie Theaters

By on February 17, 2022

On January 26, 2022, the New York State Liquor Authority issued a Declaratory Ruling regarding the eligibility of New York movie theaters to apply for and obtain on-premises retail licenses for beer and wine service. This is a value-add for theaters, and it allows businesses to provide a new amenity to customers and increase their revenues. The Authority determined that theaters would be eligible for these licenses provided the following:

  • They can establish the theater will prepare and serve food;
  • The primary source of revenue for the theater will be from the ticket sales and/or snacks; and
  • The revenue from the sales of alcoholic beverages (beer and wine only) will be incidental to revenues from tickets and food offerings.

For questions about this ruling, retail licenses in New York or other alcoholic beverage licensing and compliance matters, please contact Adena Santiago or McDermott’s alcohol regulatory and distribution team.

Adena Santiago
Adena assists companies on the three tiers of the alcohol beverage industry – licensing, labeling and compliance – and has industry experience in all 50 states, which is critical in the heavily regulated sector. For nearly two decades, Adena has counseled clients on liquor licensing and compliance, representing hotels, restaurants, distillers, brewers, wineries and distributors that need licenses to launch or expand their businesses. She also advises clients on marketing and advertising compliance, franchise protection, labeling regulations and transaction agreements and due diligence. She has extensive knowledge concerning licensing violations and all matters involving beverage formulas. Read Adena M. Santiago's full bio.

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