STATE OF NEW YORK
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7315
2011-2012 Regular Sessions
IN ASSEMBLY
April 29, 2011
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing motion picture theatres to serve alcoholic beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 27 of section 3 of the alcoholic beverage
2 control law is amended to read as follows:
3 27. "Restaurant" shall mean a place which is regularly and in a bona
4 fide manner used and kept open for the serving of meals to guests for
5 compensation and which has suitable kitchen facilities connected there-
6 with, containing conveniences for cooking an assortment of foods, which
7 may be required for ordinary meals, the kitchen of which must, at all
8 times, be in charge of a chef with the necessary help, and kept in a
9 sanitary condition with the proper amount of refrigeration for keeping
10 of food on said premises and must comply with all the regulations of the
11 local department of health. Restaurant shall include a motion picture
12 theatre, movie theatre or other venue that shows motion pictures that
13 meet the definitions of restaurant and meals, and all seating is at
14 tables where meals are served. "Meals" shall mean the usual assortment
15 of foods commonly ordered at various hours of the day; the service of
16 such food and victuals only as sandwiches or salads shall not be deemed
17 a compliance with this requirement. "Guests" shall mean persons who,
18 during the hours when meals are regularly served therein, come to a
19 restaurant for the purpose of obtaining, and actually order and obtain
20 at such time, in good faith, a meal therein. Nothing in this subdivision
21 contained, however, shall be construed to require that any food be sold
22 or purchased with any beverage.
23 § 2. Subdivision 6 of section 64-a of the alcoholic beverage control
24 law, as added by chapter 531 of the laws of 1964, is amended to read as
25 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10992-01-1
A. 7315 2
1 6. No special on-premises license shall be granted except for premises
2 in which the principal business shall be (a) the sale of food or bever-
3 ages at retail for consumption on the premises or (b) the operation of a
4 legitimate theatre or such other lawful adult entertainment or recre-
5 ational facility as the liquor authority, giving due regard to the
6 convenience of the public and the strict avoidance of sales prohibited
7 by this chapter, shall by regulation classify for eligibility. Nothing
8 contained in this subdivision shall be deemed to authorize the issuance
9 of a license to a motion picture theatre, except those meeting the defi-
10 nition of restaurant and meals, and where all seating is at tables where
11 meals are served.
12 § 3. This act shall take effect immediately.
