Bill Text: NY A09360 | 2015-2016 | General Assembly | Amended

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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2016-06-10 - print number 9360c [A09360 Detail]

Download: New_York-2015-A09360-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9360--A
                   IN ASSEMBLY
                                    February 25, 2016
                                       ___________
        Introduced  by  M.  of A. LENTOL, LUPARDO, WEPRIN, FAHY -- read once and
          referred  to  the  Committee  on  Economic  Development  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.  Subdivision 4 of section 64-a of  the  alcoholic  beverage
     2  control  law, as added by chapter 531 of the laws of 1964, is amended to
     3  read as follows:
     4    4. Section fifty-four shall control so far as applicable the procedure
     5  in connection with such  application,  except  motion  picture  theatres
     6  applying for a license pursuant to subdivision six of this section shall
     7  also be required to:
     8    (a)  At  every  purchase of beer, wine, spirits, or other intoxicating
     9  beverage, the purchaser must present valid photo identification confirm-
    10  ing that the individual purchaser is over twenty-one years of age, and a
    11  valid ticket or ticket stub for a motion picture at the  motion  picture
    12  theatre;
    13    (b)  Permit  the  purchase  of  only one beer, wine, spirits, or other
    14  intoxicating beverage per transaction; and
    15    (c) Permit the sale of beer,  wine,  spirits,  or  other  intoxicating
    16  beverage one hour prior to the first motion picture, and sales shall not
    17  be permitted 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
    24  legitimate theatre, including a motion picture theatre that is a  build-
    25  ing  or facility which is regularly used and kept open primarily for the
    26  exhibition of motion pictures on a daily basis, or on a regular seasonal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13978-02-6
        A. 9360--A                          2
     1  basis of no less than six contiguous weeks, to the general public  where
     2  all  auditorium seating is permanently affixed to the floor and at least
     3  sixty-five percent of the motion picture theatre's annual gross revenues
     4  is  the  combined  result of admission revenue for the showing of motion
     5  pictures and the sale of food and non-alcoholic beverages, or such other
     6  lawful adult  entertainment  or  recreational  facility  as  the  liquor
     7  authority,  giving  due  regard to the convenience of the public and the
     8  strict avoidance of sales prohibited by this  chapter,  shall  by  regu-
     9  lation  classify  for eligibility. Nothing contained in this subdivision
    10  shall be deemed to authorize the issuance  of  a  license  to  a  motion
    11  picture  theatre,  except those meeting the definition of restaurant and
    12  meals, and where all seating is at tables where meals are served.
    13    § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
    14  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    15  follows:
    16    8. Every special on-premises licensee shall regularly keep food avail-
    17  able for sale to its customers for  consumption  on  the  premises.  The
    18  availability  of  sandwiches, soups or other foods, whether fresh, proc-
    19  essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
    20  requirement. For motion picture theatres licensed under paragraph (b) of
    21  subdivision  six  of  this  section,  food  that is typically found in a
    22  motion picture theatre, including but not limited  to:  popcorn,  candy,
    23  and light snacks, shall be deemed to be in compliance with this require-
    24  ment. The licensed premises shall comply at all times with all the regu-
    25  lations  of  the  local  department of health. Nothing contained in this
    26  subdivision, however, shall be construed to require  that  any  food  be
    27  sold  or  purchased  with  any liquor, nor shall any rule, regulation or
    28  standard be promulgated or enforced requiring that the sale of  food  be
    29  substantial  or  that  the  receipts of the business other than from the
    30  sale of liquor equal any set percentage of  total  receipts  from  sales
    31  made therein.
    32    §  4.  Subdivision 9 of section 64-a of the alcoholic beverage control
    33  law, as added by chapter 531 of the laws of 1964, is amended to read  as
    34  follows:
    35    9.  In  the  case  of  a motion picture theatre applying for a license
    36  under this section, any  municipality  required  to  be  notified  under
    37  section  one  hundred ten-b of this chapter may express opposition to an
    38  individual application, and such  opposition  may  serve  as  basis  for
    39  rejection of such application by the liquor authority.
    40    10.  The liquor authority may make such rules as it deems necessary to
    41  carry out the provisions of this section.
    42    § 5. This act shall take effect immediately.