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

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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--C
                   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 --  again  reported  from  said  committee  with
          amendments,  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.    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  shall:
     5    (a) for every purchase of an alcoholic beverage, require the purchaser
     6  to  provide  written  evidence  of  age as set forth in paragraph (b) of
     7  subdivision two of section sixty-five-b of this chapter;
     8    (b) allow the purchase of only one alcoholic beverage per transaction;
     9  and
    10    (c) not commence the sale of alcoholic beverages until one hour  prior
    11  to  the first motion picture, and cease all sales of alcoholic beverages
    12  after the conclusion of the final motion picture.
    13    § 2. Subdivision 6 of section 64-a of the alcoholic  beverage  control
    14  law,  as  amended by chapter 475 of the laws of 2011, is amended to read
    15  as follows:
    16    6. No special on-premises license shall be granted except for premises
    17  in which the principal business shall be (a) the sale of food or  bever-
    18  ages at retail for consumption on the premises or (b) the operation of a
    19  legitimate  theatre, including a motion picture theatre that is a build-
    20  ing or facility which is regularly used and kept open primarily for  the
    21  exhibition  of  motion  pictures  for  at least five out of seven days a
    22  week, or on a regular seasonal basis of  no  less  than  six  contiguous
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13978-06-6
        A. 9360--C                          2
     1  weeks, to the general public where all auditorium seating is permanently
     2  affixed  to  the  floor  and  at  least sixty-five percent of the motion
     3  picture theatre's annual gross revenues is the combined result of admis-
     4  sion revenue for the showing of motion pictures and the sale of food and
     5  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
     6  recreational facility as the liquor authority, giving due regard to  the
     7  convenience  of  the public and the strict avoidance of sales prohibited
     8  by this chapter, shall by regulation classify for eligibility.  [Nothing
     9  contained  in this subdivision shall be deemed to authorize the issuance
    10  of a license to a motion picture theatre, except those meeting the defi-
    11  nition of restaurant and meals, and where all seating is at tables where
    12  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 an opinion with
    38  respect to whether the application should be approved, and such  opinion
    39  may  be  considered in determining whether good cause exists to deny any
    40  such application.
    41    10. The liquor authority may make such rules as it deems necessary  to
    42  carry out the provisions of this section.
    43    § 5. This act shall take effect immediately.