New York moviegoers are enjoying more than popcorn and soda with their films these days. Thanks to a new law passed as part of the 2025 legislative session, all movie theaters in New York (that meet the definition) are now eligible to apply for a liquor license with full liquor (not just beer and wine). The law is designed to support struggling movie theaters by creating a new revenue stream — on-premises alcohol sales — while preserving public safety and community input.
Previously, only theaters that operated as restaurants with table service at each seat qualified for such licenses. This restriction excluded the majority of traditional theaters across the state. The requirement of a “table” at every movie seat was a high barrier for already struggling businesses, a renovation that could cost hundreds of thousands of dollars, even millions for large theatres in expensive urban locations. The new law levels the playing field, allowing all motion picture theaters to pursue licensing. (These regulations differ from those applicable to theaters for performing arts.)
Movie theaters that meet the definition of a restaurant may also obtain a license. (The food requirements are different for theaters applying under this section of the law.) The State Liquor Authority has discretion to permit the law to be applied on a case by case basis to “other lawful adult entertainment or recreational facilities.”
Key Provisions of the New Law
Alcohol Sales Allowed at All Theaters
The law allows any movie theater to apply for a special on-premises license to sell beer, wine, and spirits.
This applies whether or not the theater has a full kitchen or restaurant seating.
To be eligible, movie theaters must:
- Be regularly used and kept open 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;
- Ensure that all auditorium seating is permanently affixed to the floor;
- Demonstrate that at least 65% of annual gross revenue is from a combination of motion picture admission sales and food/non-alcoholic beverage sales.
Sales Time Restrictions
Alcohol may be sold no earlier than one hour before the start of the first movie showing. Sales must end after the final movie concludes for the day.
Transaction & ID Controls
Only one alcoholic beverage may be sold per transaction. While the law probably intended one alcoholic beverage per person per transaction, the law states “per transaction,” requiring each beverage to be its own transaction.
Purchasers must provide written proof of age- the standard government issued ID requirement for retailers selling alcoholic beverages.
Food Requirements Eased
The law updates the “food availability” requirement in ABC Law §64-a(8), now permitting typical movie snacks — popcorn, candy, and light snacks — to meet the statutory standard.
Local Input Preserved
Local governments will continue to receive notice of liquor license applications from theaters and may submit formal opinions for or against the license.
Trial Period
The law is effective immediately but will expire after 3 years, unless renewed.
Policy Justification
Movie theaters have seen steep declines in attendance and revenue, worsened by the pandemic and rising operational costs. By expanding the availability of liquor licenses, this law aims to:
- Boost per-patron spending;
- Drive up ticket sales;
- Support surrounding local businesses through increased foot traffic.
The model has already proven successful in theaters that previously qualified for licenses. This expansion opens those benefits to a broader range of venues across the state.
Final Thoughts
With this change, New York joins other states embracing more flexible liquor policies in nontraditional venues. Theaters can now modernize their customer experience, and patrons can enjoy a glass of wine or a cocktail with their favorite film — responsibly.
Need help applying for a license or understanding your compliance obligations? Contact Attorney Tracy Jong at Tjong@EvansFox.com.
Tracy Jong is a Senior attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at Tjong@EvansFox.com.
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.