senate Bill S4772

Signed by Governor

Authorizes motion picture theatres to serve alcoholic beverages

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 20 / Apr / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2011
    • 1ST REPORT CAL.860
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CODES
  • 15 / Jun / 2011
    • SUBSTITUTED FOR A7315
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.227
  • 15 / Jun / 2011
    • PASSED ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 05 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2011
    • SIGNED CHAP.475

Summary

Authorizes motion picture theatres to serve alcoholic beverages.

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Bill Details

See Assembly Version of this Bill:
A7315
Versions:
S4772
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง3 & 64-a, ABC L

Sponsor Memo

BILL NUMBER:S4772

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
motion picture theatres to serve alcoholic beverages

PURPOSE:
To allow the sale of alcoholic beverages at dinner and a movie
theaters if all seating is at tables

SUMMARY OF PROVISIONS:
The bill amends section 3 of the alcoholic
beverage control law by including in the definition of a restaurant,
venues that show motion pictures that also meets the definition of
restaurant and meals and where all the seating is at tables.

Section 2 amends the provisions of section 64-a of the alcoholic
beverage control law that prohibit the issuance of a license to movie
theaters to exempt those theaters meeting the definition of a
restaurant and meals and where all the seating is at tables.

JUSTIFICATION:
This bill would clarify and streamline the permitting
for venues that offer dinner and a movie. Such theaters must have
table seating and a full restaurant menu selection.
Under current law, it is difficult for such restaurants that show
movies with table seating to obtain a license to serve alcohol.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4772

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 20, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  authorizing motion picture theatres to serve alcoholic beverages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  27  of  section  3 of the alcoholic beverage
control law is amended to read as follows:
  27. "Restaurant" shall mean a place which is regularly and in  a  bona
fide  manner  used  and kept open for the serving of meals to guests for
compensation and which has suitable kitchen facilities connected  there-
with,  containing conveniences for cooking an assortment of foods, which
may be required for ordinary meals, the kitchen of which  must,  at  all
times,  be  in  charge  of a chef with the necessary help, and kept in a
sanitary condition with the proper amount of refrigeration  for  keeping
of food on said premises and must comply with all the regulations of the
local  department  of  health. RESTAURANT SHALL INCLUDE A MOTION PICTURE
THEATRE, MOVIE THEATRE OR OTHER VENUE THAT SHOWS  MOTION  PICTURES  THAT
MEET  THE  DEFINITIONS  OF  RESTAURANT  AND MEALS, AND ALL SEATING IS AT
TABLES WHERE MEALS ARE SERVED. "Meals" shall mean the  usual  assortment
of  foods  commonly  ordered at various hours of the day; the service of
such food and victuals only as sandwiches or salads shall not be  deemed
a  compliance  with  this  requirement. "Guests" shall mean persons who,
during the hours when meals are regularly  served  therein,  come  to  a
restaurant  for  the purpose of obtaining, and actually order and obtain
at such time, in good faith, a meal therein. Nothing in this subdivision
contained, however, shall be construed to require that any food be  sold
or purchased with any beverage.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10992-01-1

S. 4772                             2

  S  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended to read  as
follows:
  6. No special on-premises license shall be granted except for premises
in  which the principal business shall be (a) the sale of food or bever-
ages at retail for consumption on the premises or (b) the operation of a
legitimate theatre or such other lawful adult  entertainment  or  recre-
ational  facility  as  the  liquor  authority,  giving due regard to the
convenience of the public and the strict avoidance of  sales  prohibited
by  this  chapter, shall by regulation classify for eligibility. Nothing
contained in this subdivision shall be deemed to authorize the  issuance
of a license to a motion picture theatre, EXCEPT THOSE MEETING THE DEFI-
NITION OF RESTAURANT AND MEALS, AND WHERE ALL SEATING IS AT TABLES WHERE
MEALS ARE SERVED.
  S 3. This act shall take effect immediately.

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