Relates to alcohol in certain motion picture theatres; authorizes a person holding a retail on-premises license for a movie theatre to allow the purchase of alcoholic beverages under certain circumstances.
STATE OF NEW YORK
________________________________________________________________________
5784--A
2017-2018 Regular Sessions
IN SENATE
April 28, 2017
___________
Introduced by Sens. SAVINO, HAMILTON, RITCHIE, SANDERS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Investigations and Government Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to alco-
hol in certain motion picture theatres
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 106 of the alcoholic beverage control law is
2 amended by adding a new subdivision 16 to read as follows:
3 16. A person holding a retail on-premises license for a movie theatre,
4 other than a license for a movie theatre that meets the definitions of
5 restaurant and meals, and where all seating is at tables where meals are
6 served, shall:
7 (a) for every purchase of an alcoholic beverage, require the purchaser
8 to provide written evidence of age as set forth in paragraph (b) of
9 subdivision two of section sixty-five-b of this chapter; and
10 (b) allow the purchase of only one alcoholic beverage per transaction;
11 and
12 (c) only permit the sale or delivery of alcoholic beverages directly
13 to an individual holding a ticket for a motion picture with a Motion
14 Picture Association of America rating of "PG-13," "R," or "NC-17"; and
15 (d) not commence the sale of alcoholic beverages until one hour prior
16 to the start of the first motion picture, and cease all sales of alco-
17 holic beverages after the conclusion of the final motion picture.
18 § 2. Subdivision 6 of section 64-a of the alcoholic beverage control
19 law, as amended by chapter 475 of the laws of 2011, is amended to read
20 as follows:
21 6. No special on-premises license shall be granted except for premises
22 in which the principal business shall be (a) the sale of food or bever-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10745-05-7
S. 5784--A 2
1 ages at retail for consumption on the premises or (b) the operation of a
2 legitimate theatre, including a motion picture theatre that is a build-
3 ing or facility which is regularly used and kept open primarily for the
4 exhibition of motion pictures for at least five out of seven days a
5 week, or on a regular seasonal basis of no less than six contiguous
6 weeks, to the general public where all auditorium seating is permanently
7 affixed to the floor and at least sixty-five percent of the motion
8 picture theatre's annual gross revenues is the combined result of admis-
9 sion revenue for the showing of motion pictures and the sale of food and
10 non-alcoholic beverages, or such other lawful adult entertainment or
11 recreational facility as the liquor authority, giving due regard to the
12 convenience of the public and the strict avoidance of sales prohibited
13 by this chapter, shall by regulation classify for eligibility. [Nothing
14 contained in this subdivision shall be deemed to authorize the issuance
15 of a license to a motion picture theatre, except those meeting the defi-
16 nition of restaurant and meals, and where all seating is at tables where
17 meals are served.]
18 § 3. Subdivision 8 of section 64-a of the alcoholic beverage control
19 law, as added by chapter 531 of the laws of 1964, is amended to read as
20 follows:
21 8. Every special on-premises licensee shall regularly keep food avail-
22 able for sale to its customers for consumption on the premises. The
23 availability of sandwiches, soups or other foods, whether fresh, proc-
24 essed, pre-cooked or frozen, shall be deemed compliance with this
25 requirement. For motion picture theatres licensed under paragraph (b)
26 of subdivision six of this section, food that is typically found in a
27 motion picture theatre, including but not limited to: popcorn, candy,
28 and light snacks, shall be deemed to be in compliance with this require-
29 ment. The licensed premises shall comply at all times with all the regu-
30 lations of the local department of health. Nothing contained in this
31 subdivision, however, shall be construed to require that any food be
32 sold or purchased with any liquor, nor shall any rule, regulation or
33 standard be promulgated or enforced requiring that the sale of food be
34 substantial or that the receipts of the business other than from the
35 sale of liquor equal any set percentage of total receipts from sales
36 made therein.
37 § 4. Subdivision 9 of section 64-a of the alcoholic beverage control
38 law, as added by chapter 531 of the laws of 1964, is amended to read as
39 follows:
40 9. Except in a city with a population of one million or more, in the
41 case of a motion picture theatre applying for a license under this
42 section, no initial license may be issued without a communication of
43 support from the municipality required to be notified under section one
44 hundred ten-b of this chapter. Additionally, such municipality may stip-
45 ulate conditions upon which support shall be granted.
46 10. The liquor authority may make such rules as it deems necessary to
47 carry out the provisions of this section.
48 § 5. This act shall take effect immediately.
