STATE OF NEW YORK
________________________________________________________________________
8097
IN SENATE
June 13, 2016
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
23 weeks, to the general public where all auditorium seating is permanently
24 affixed to the floor and at least sixty-five percent of the motion
25 picture theatre's annual gross revenues is the combined result of admis-
26 sion revenue for the showing of motion pictures and the sale of food and
27 non-alcoholic beverages, or such other lawful adult entertainment or
28 recreational facility as the liquor authority, giving due regard to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13978-08-6
S. 8097 2
1 convenience of the public and the strict avoidance of sales prohibited
2 by this chapter, shall by regulation classify for eligibility. [Nothing
3 contained in this subdivision shall be deemed to authorize the issuance
4 of a license to a motion picture theatre, except those meeting the defi-
5 nition of restaurant and meals, and where all seating is at tables where
6 meals are served.]
7 § 3. Subdivision 8 of section 64-a of the alcoholic beverage control
8 law, as added by chapter 531 of the laws of 1964, is amended to read as
9 follows:
10 8. Every special on-premises licensee shall regularly keep food avail-
11 able for sale to its customers for consumption on the premises. The
12 availability of sandwiches, soups or other foods, whether fresh, proc-
13 essed, pre-cooked or frozen, shall be deemed compliance with this
14 requirement. For motion picture theatres licensed under paragraph (b) of
15 subdivision six of this section, food that is typically found in a
16 motion picture theatre, including but not limited to: popcorn, candy,
17 and light snacks, shall be deemed to be in compliance with this require-
18 ment. The licensed premises shall comply at all times with all the regu-
19 lations of the local department of health. Nothing contained in this
20 subdivision, however, shall be construed to require that any food be
21 sold or purchased with any liquor, nor shall any rule, regulation or
22 standard be promulgated or enforced requiring that the sale of food be
23 substantial or that the receipts of the business other than from the
24 sale of liquor equal any set percentage of total receipts from sales
25 made therein.
26 § 4. Subdivision 9 of section 64-a of the alcoholic beverage control
27 law, as added by chapter 531 of the laws of 1964, is amended to read as
28 follows:
29 9. In the case of a motion picture theatre applying for a license
30 under this section, any municipality required to be notified under
31 section one hundred ten-b of this chapter may express an opinion with
32 respect to whether the application should be approved, and such opinion
33 may be considered in determining whether good cause exists to deny any
34 such application.
35 10. The liquor authority may make such rules as it deems necessary to
36 carry out the provisions of this section.
37 § 5. This act shall take effect immediately.