S08097 Summary:

Amd §§106 & 64-a, ABC L
Relates to alcohol in certain motion picture theatres.
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S08097 Actions:

06/16/2016referred to economic development
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S08097 Committee Votes:

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S08097 Floor Votes:

There are no votes for this bill in this legislative session.
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S08097 Memo:

Memo not available
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S08097 Text:

                STATE OF NEW YORK
                    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.

        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.
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