S T A T E O F N E W Y O R K
________________________________________________________________________
9360--B
I N A S S E M B L Y
February 25, 2016
___________
Introduced by M. of A. LENTOL, LUPARDO, WEPRIN, FAHY, ZEBROWSKI, McDO-
NALD -- read once and referred to the Committee on Economic Develop-
ment -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
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:
Section 1. Subdivision 4 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:
4. Section fifty-four shall control so far as applicable the procedure
in connection with such application, EXCEPT MOTION PICTURE THEATRES
APPLYING FOR A LICENSE PURSUANT TO SUBDIVISION SIX OF THIS SECTION SHALL
ALSO BE REQUIRED TO:
(A) AT EVERY PURCHASE OF BEER, WINE, SPIRITS, OR OTHER INTOXICATING
BEVERAGE, THE PURCHASER MUST PRESENT VALID PHOTO IDENTIFICATION CONFIRM-
ING THAT THE INDIVIDUAL PURCHASER IS OVER TWENTY-ONE YEARS OF AGE, AND A
VALID TICKET OR TICKET STUB FOR A MOTION PICTURE AT THE MOTION PICTURE
THEATRE;
(B) PERMIT THE PURCHASE OF ONLY ONE BEER, WINE, SPIRITS, OR OTHER
INTOXICATING BEVERAGE PER TRANSACTION; AND
(C) PERMIT THE SALE OF BEER, WINE, SPIRITS, OR OTHER INTOXICATING
BEVERAGE ONE HOUR PRIOR TO THE FIRST MOTION PICTURE, AND SALES SHALL NOT
BE PERMITTED AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
S 2. Subdivision 6 of section 64-a of the alcoholic beverage control
law, as amended by chapter 475 of the laws of 2011, 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, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13978-05-6
A. 9360--B 2
ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE
EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE OUT OF SEVEN DAYS A
WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS
WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
AFFIXED TO THE FLOOR AND AT LEAST SIXTY-FIVE PERCENT OF THE MOTION
PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
NON-ALCOHOLIC BEVERAGES, or such other lawful adult entertainment or
recreational 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. Subdivision 8 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:
8. Every special on-premises licensee shall regularly keep food avail-
able for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh, proc-
essed, pre-cooked or frozen, shall be deemed compliance with this
requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF
SUBDIVISION SIX OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A
MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY,
AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
MENT. The licensed premises shall comply at all times with all the regu-
lations of the local department of health. Nothing contained in this
subdivision, however, shall be construed to require that any food be
sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
S 4. Subdivision 9 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:
9. IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE
UNDER THIS SECTION, ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER
SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS OPPOSITION TO AN
INDIVIDUAL APPLICATION, AND SUCH OPPOSITION MAY SERVE AS BASIS FOR
REJECTION OF SUCH APPLICATION BY THE LIQUOR AUTHORITY.
10. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
S 5. This act shall take effect immediately.