Bill Text: NY A07188 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2018-01-03 - referred to economic development [A07188 Detail]

Download: New_York-2017-A07188-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7188
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 12, 2017
                                       ___________
        Introduced  by  M. of A. LENTOL, McDONALD, FAHY -- Multi-Sponsored by --
          M. of A.  ABBATE, BARRETT, CAHILL, MAGEE, WOERNER, ZEBROWSKI  --  read
          once and referred to the Committee on Economic Development
        AN ACT to amend the alcoholic beverage control law, in relation to alco-
          hol  in certain motion picture theatres, and providing for the expira-
          tion and repeal of such provisions upon the expiration thereof
          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-
    23  ages at retail for consumption on the premises or (b) the operation of a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10745-01-7
        A. 7188                             2
     1  legitimate  theatre, including a motion picture theatre that is a build-
     2  ing or facility which is regularly used and kept open primarily for  the
     3  exhibition  of  motion  pictures  for  at least five out of seven days a
     4  week,  or  on  a  regular  seasonal basis of no less than six contiguous
     5  weeks, to the general public where all auditorium seating is permanently
     6  affixed to the floor and at  least  sixty-five  percent  of  the  motion
     7  picture theatre's annual gross revenues is the combined result of admis-
     8  sion revenue for the showing of motion pictures and the sale of food and
     9  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
    10  recreational facility as the liquor authority, giving due regard to  the
    11  convenience  of  the public and the strict avoidance of sales prohibited
    12  by this chapter, shall by regulation classify for eligibility.  [Nothing
    13  contained  in this subdivision shall be deemed to authorize the issuance
    14  of a license to a motion picture theatre, except those meeting the defi-
    15  nition of restaurant and meals, and where all seating is at tables where
    16  meals are served.]
    17    § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
    18  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    19  follows:
    20    8. Every special on-premises licensee shall regularly keep food avail-
    21  able for sale to its customers for  consumption  on  the  premises.  The
    22  availability  of  sandwiches, soups or other foods, whether fresh, proc-
    23  essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
    24  requirement.    For motion picture theatres licensed under paragraph (b)
    25  of subdivision six of this section, food that is typically  found  in  a
    26  motion  picture  theatre,  including but not limited to: popcorn, candy,
    27  and light snacks, shall be deemed to be in compliance with this require-
    28  ment. The licensed premises shall comply at all times with all the regu-
    29  lations of the local department of health.  Nothing  contained  in  this
    30  subdivision,  however,  shall  be  construed to require that any food be
    31  sold or purchased with any liquor, nor shall  any  rule,  regulation  or
    32  standard  be  promulgated or enforced requiring that the sale of food be
    33  substantial or that the receipts of the business  other  than  from  the
    34  sale  of  liquor  equal  any set percentage of total receipts from sales
    35  made therein.
    36    § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
    37  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    38  follows:
    39    9.  In the case of a motion picture theatre  applying  for  a  license
    40  under  this  section,  any  municipality  required  to be notified under
    41  section one hundred ten-b of this chapter may express  an  opinion  with
    42  respect  to whether the application should be approved, and such opinion
    43  may be considered in determining whether good cause exists to  deny  any
    44  such application.
    45    10.  The liquor authority may make such rules as it deems necessary to
    46  carry out the provisions of this section.
    47    § 5. This act shall take effect immediately and shall  expire  and  be
    48  deemed repealed 3 years after such date.