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S04772 Summary:

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S04772 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4772
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     April 20, 2011
                                       ___________
 
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
 
        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.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10992-01-1
        S. 4772                             2
 
     1    §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
     2  law, as added by chapter 531 of the laws of 1964, is amended to read  as
     3  follows:
     4    6. No special on-premises license shall be granted except for premises
     5  in  which the principal business shall be (a) the sale of food or bever-
     6  ages at retail for consumption on the premises or (b) the operation of a
     7  legitimate theatre or such other lawful adult  entertainment  or  recre-
     8  ational  facility  as  the  liquor  authority,  giving due regard to the

     9  convenience of the public and the strict avoidance of  sales  prohibited
    10  by  this  chapter, shall by regulation classify for eligibility. Nothing
    11  contained in this subdivision shall be deemed to authorize the  issuance
    12  of a license to a motion picture theatre, except those meeting the defi-
    13  nition of restaurant and meals, and where all seating is at tables where
    14  meals are served.
    15    § 3. This act shall take effect immediately.