A03704 Summary:
BILL NO | A03704 |
  | |
SAME AS | SAME AS S07389 |
  | |
SPONSOR | O'Donnell |
  | |
COSPNSR | Fall, Hevesi, Gunther, Rivera, Taylor, Stirpe, Santabarbara, Burgos, Bichotte Hermelyn, Alvarez |
  | |
MLTSPNSR | Lee, Sayegh |
  | |
Amd §§106 & 64-a, ABC L | |
  | |
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. |
A03704 Actions:
BILL NO | A03704 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/07/2023 | referred to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to economic development |
A03704 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A3704 SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to alco- hol in certain motion picture theatres, and providing for the expiration and repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: To allow the operators of all movie theatres to apply for a special license to sell alcoholic. beverages for on premises consumption   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds subdivision 16 to section 106 of the alcoholic beverage control law to require that anyone holding a retail on-premises license for a movie theatre require the purchaser to provide written evidence of their age, allow the purchase of only one alcoholic beverage per trans- action, commence the sale of alcoholic beverages no sooner than one hour prior to the start of the first movie, and cease the sale of alcoholic beverages after the ending of the final movie. Section 2 amends subdivision 6 of section 64-a of the alcoholic beverage control law to specify.that a movie theatre qualifies as a legitimate theatre that can be granted special on-premises licenses. Section 3 amends subdivision 8 of section 64-a of the alcoholic beverage control law to include food typically found in movie theatres (e.g., popcorn, candy, and light snacks) as satisfying the requirement that every special on-premises licensee regularly keep food available for sale. Section 4 amends subdivision 9 of section 64-a of the alcoholic beverage control law to allow any municipality required to receive notification when a movie theatre applies for a license to express an opinion about whether or not the license application should be approved. Section 5 sets the effective date.   JUSTIFICATION: Today, movie theatres are facing ever increasing expenses while many consumers are choosing other forms of recreation, reducing revenue. In 2011, a law was passed to allow New York movie theatres with licensed on-premises restaurants and tables at each seat to sell alcohol to their customers. This system has been effective; consumers have had access to services they want and theatres have a new revenue stream. However, limiting alcohol permits to theatres with these unusual setups excludes most movie theatres in the state and limits consumer choice. Amending the law to permit all motion picture theatres, regardless of whether they operate as a restaurant or not, the opportunity to apply for an on-premises license for alcoholic beverages will increase per customer revenues at movie theatres. Based on the booming business done by movie theatres that currently hold alcohol permits, it will also increase ticket sales. Further, businesses surrounding these theatres are likely to see an increase in revenues, as well. This legislation will remove unnecessary barriers to an effective economic development strategy.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A31 referred to Economic Development 2019-2020: A1671 referred to Economic Development   FISCAL IMPLICATIONS: None to the state   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 3 years after such date.
A03704 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3704 2023-2024 Regular Sessions IN ASSEMBLY February 7, 2023 ___________ Introduced by M. of A. O'DONNELL -- 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) 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 24 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. LBD07692-01-3A. 3704 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. [Nothing9contained in this subdivision shall be deemed to authorize the issuance10of a license to a motion picture theatre, except those meeting the defi-11nition of restaurant and meals, and where all seating is at tables where12meals 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) 21 of 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 and shall expire and be 44 deemed repealed 3 years after such date.