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

                                  8097

                            I N  S E N A T E

                              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:

  Section  1.    Section  106  of  the alcoholic beverage control law is
amended by adding a new subdivision 16 to read as follows:
  16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE  THEATRE
SHALL:
  (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO  PROVIDE  WRITTEN  EVIDENCE  OF  AGE AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER;
  (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
AND
  (C) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR  PRIOR
TO  THE FIRST MOTION PICTURE, AND CEASE ALL SALES OF ALCOHOLIC BEVERAGES
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-
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

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

                                                           LBD13978-08-6

S. 8097                             2

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  AN  OPINION  WITH
RESPECT  TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION
MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO  DENY  ANY
SUCH APPLICATION.
  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.