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--B
                   IN ASSEMBLY
                                    February 25, 2016
                                       ___________
        Introduced  by  M. of A. LENTOL, LUPARDO, WEPRIN, FAHY, ZEBROWSKI, McDO-
          NALD -- read once and referred to the Committee on  Economic  Develop-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted 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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13978-05-6
        A. 9360--B                          2
     1  ing or facility which is regularly used and kept open primarily for  the
     2  exhibition  of  motion  pictures  for  at least five out of seven days a
     3  week, or on a regular seasonal basis of  no  less  than  six  contiguous
     4  weeks, to the general public where all auditorium seating is permanently
     5  affixed  to  the  floor  and  at  least sixty-five percent of the motion
     6  picture theatre's annual gross revenues is the combined result of admis-
     7  sion revenue for the showing of motion pictures and the sale of food and
     8  non-alcoholic beverages, or such other  lawful  adult  entertainment  or
     9  recreational  facility as the liquor authority, giving due regard to the
    10  convenience of the public and the strict avoidance of  sales  prohibited
    11  by  this  chapter, shall by regulation classify for eligibility. Nothing
    12  contained in this subdivision shall be deemed to authorize the  issuance
    13  of a license to a motion picture theatre, except those meeting the defi-
    14  nition of restaurant and meals, and where all seating is at tables where
    15  meals are served.
    16    §  3.  Subdivision 8 of section 64-a of the alcoholic beverage control
    17  law, as added by chapter 531 of the laws of 1964, is amended to read  as
    18  follows:
    19    8. Every special on-premises licensee shall regularly keep food avail-
    20  able  for  sale  to  its  customers for consumption on the premises. The
    21  availability of sandwiches, soups or other foods, whether  fresh,  proc-
    22  essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
    23  requirement. For motion picture theatres licensed under paragraph (b) of
    24  subdivision six of this section, food  that  is  typically  found  in  a
    25  motion  picture  theatre,  including but not limited to: popcorn, candy,
    26  and light snacks, shall be deemed to be in compliance with this require-
    27  ment. The licensed premises shall comply at all times with all the regu-
    28  lations of the local department of health.  Nothing  contained  in  this
    29  subdivision,  however,  shall  be  construed to require that any food be
    30  sold or purchased with any liquor, nor shall  any  rule,  regulation  or
    31  standard  be  promulgated or enforced requiring that the sale of food be
    32  substantial or that the receipts of the business  other  than  from  the
    33  sale  of  liquor  equal  any set percentage of total receipts from sales
    34  made therein.
    35    § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
    36  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    37  follows:
    38    9. In the case of a motion picture  theatre  applying  for  a  license
    39  under  this  section,  any  municipality  required  to be notified under
    40  section one hundred ten-b of this chapter may express opposition  to  an
    41  individual  application,  and  such  opposition  may  serve as basis for
    42  rejection of such application by the liquor authority.
    43    10. The liquor authority may make such rules as it deems necessary  to
    44  carry out the provisions of this section.
    45    § 5. This act shall take effect immediately.