Bill Text: NY S07389 | 2023-2024 | General Assembly | Introduced

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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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07389 Detail]

Download: New_York-2023-S07389-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7389

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 22, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and Government Operations

        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) not commence the sale of alcoholic beverages until one hour  prior
    13  to  the  start of the first motion picture, and cease all sales of alco-
    14  holic beverages after the conclusion of the final motion picture.
    15    § 2. Subdivision 6 of section 64-a of the alcoholic  beverage  control
    16  law,  as  amended by chapter 475 of the laws of 2011, is amended to read
    17  as follows:
    18    6. No special on-premises license shall be granted except for premises
    19  in which the principal business shall be (a) the sale of food or  bever-
    20  ages at retail for consumption on the premises or (b) the operation of a
    21  legitimate  theatre, including a motion picture theatre that is a build-
    22  ing or facility which is regularly used and kept open primarily for  the
    23  exhibition  of  motion  pictures  for  at least five out of seven days a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07692-01-3
        S. 7389                             2

     1  week, or on a regular seasonal basis of  no  less  than  six  contiguous
     2  weeks, to the general public where all auditorium seating is permanently
     3  affixed  to  the  floor  and  at  least sixty-five percent of the motion
     4  picture theatre's annual gross revenues is the combined result of admis-
     5  sion revenue for the showing of motion pictures and the sale of food and
     6  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
     7  recreational facility as the liquor authority, giving due regard to  the
     8  convenience  of  the public and the strict avoidance of sales prohibited
     9  by this chapter, shall by regulation classify for eligibility.  [Nothing
    10  contained  in this subdivision shall be deemed to authorize the issuance
    11  of a license to a motion picture theatre, except those meeting the defi-
    12  nition of restaurant and meals, and where all seating is at tables where
    13  meals are served.]
    14    § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
    15  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    16  follows:
    17    8. Every special on-premises licensee shall regularly keep food avail-
    18  able for sale to its customers for  consumption  on  the  premises.  The
    19  availability  of  sandwiches, soups or other foods, whether fresh, proc-
    20  essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
    21  requirement.    For motion picture theatres licensed under paragraph (b)
    22  of subdivision six of this section, food that is typically  found  in  a
    23  motion  picture  theatre,  including but not limited to: popcorn, candy,
    24  and light snacks, shall be deemed to be in compliance with this require-
    25  ment. The licensed premises shall comply at all times with all the regu-
    26  lations of the local department of health.  Nothing  contained  in  this
    27  subdivision,  however,  shall  be  construed to require that any food be
    28  sold or purchased with any liquor, nor shall  any  rule,  regulation  or
    29  standard  be  promulgated or enforced requiring that the sale of food be
    30  substantial or that the receipts of the business  other  than  from  the
    31  sale  of  liquor  equal  any set percentage of total receipts from sales
    32  made therein.
    33    § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
    34  law,  as added by chapter 531 of the laws of 1964, is amended to read as
    35  follows:
    36    9.  In the case of a motion picture theatre  applying  for  a  license
    37  under  this  section,  any  municipality  required  to be notified under
    38  section one hundred ten-b of this chapter may express  an  opinion  with
    39  respect  to whether the application should be approved, and such opinion
    40  may be considered in determining whether good cause exists to  deny  any
    41  such application.
    42    10.  The liquor authority may make such rules as it deems necessary to
    43  carry out the provisions of this section.
    44    § 5. This act shall take effect immediately and shall  expire  and  be
    45  deemed repealed 3 years after such date.