NY State Senate Bill 2017-S5784A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jun 16, 2017	print number 5784a
Jun 16, 2017	amend (t) and recommit to investigations and government operations
Apr 28, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5784 - Details

See Assembly Version of this Bill:: A7188
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§106 & 64-a, ABC L

2017-S5784 - Summary

Relates to alcohol in certain motion picture theatres; authorizes a person holding a retail on-premises license for a movie theatre to allow the purchase of alcoholic beverages under certain circumstances.

2017-S5784 - Sponsor Memo

                                 BILL NUMBER:  S5784

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to alcohol in certain motion picture theatres, and
providing for the expiration and repeal of such provisions upon the
expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

To allow alcohol in certain motion picture theaters. This bill would
also require the purchaser to provide written evidence of age,
purchase only one alcoholic beverage per transaction; and only permit
the sale or delivery of alcoholic beverages directly to an individual
holding a ticket for a motion picture with a Motion Picture
Association of America rating of "PG-13," "R" or "NC-17."

 SUMMARY OF PROVISIONS :

*Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 16

*Subdivision 6 of section 64-a of the alcoholic beverage control law,
as amended by chapter 475 of the laws of 2011, is amended

*Subdivision 8 of section 64-a of the alcoholic beverage control law,
as added by chapter 531 of the laws of 1964, is amended

*Subdivision 9 of section 64-a of the alcoholic beverage control law,
as added by chapter 531 of the laws of 1964, is amended

 JUSTIFICATION :

Currently, under New York State law, alcohol can only be served in a
theatre in conjunction with sit down dinner service. With the
conversion to digital projection and increase in minimum wage, movie
theatres are facing even higher expenses and are seeking ways to
increase profits and retain employees. This bill will help accomplish
that. Additionally, under this proposal, movie theatres would provide
boosts to sales not only within theatres itself, but also surrounding
shops and restaurants. This proposal would also allow for the
representation of the Taste NY program. This program allows for local
businesses to gain more exposure and sales.

 PRIOR LEGISLATIVE HISTORY :

New bill. Similar to S.9087/A.9360C of 2016, which passed the Senate
40-22 but died in the Assembly Economic Development Committee.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately and shall expire and be deemed repealed 3 years after such
date.

2017-S5784 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5784
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sens. SAVINO, RITCHIE -- 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 alco-
   hol  in certain motion picture theatres, and providing for the expira-
   tion and repeal of such provisions upon the expiration thereof
 
   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,
 OTHER THAN A LICENSE FOR A MOVIE THEATRE THAT MEETS THE  DEFINITIONS  OF
 RESTAURANT AND MEALS, AND WHERE ALL SEATING IS AT TABLES WHERE MEALS ARE
 SERVED, 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; AND
   (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
 AND
   (C) ONLY PERMIT THE SALE OR DELIVERY OF ALCOHOLIC  BEVERAGES  DIRECTLY
 TO  AN  INDIVIDUAL  HOLDING  A TICKET FOR A MOTION PICTURE WITH A MOTION
 PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13," "R," OR "NC-17"; AND
   (D) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR  PRIOR
 TO  THE  START OF THE FIRST MOTION PICTURE, AND CEASE ALL SALES OF ALCO-
 HOLIC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10745-01-7

 S. 5784                             2
 
 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
 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.]
   § 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.
   § 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.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 3 years after such date.

co-Sponsors

2017-S5784A (ACTIVE) - Details

See Assembly Version of this Bill:: A7188
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§106 & 64-a, ABC L

2017-S5784A (ACTIVE) - Summary

2017-S5784A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5784A

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to alcohol in certain motion picture theatres

 PURPOSE OR GENERAL IDEA OF BILL :

To allow alcohol in certain motion picture theaters. This bill would
also require the purchaser to provide written evidence of age,
purchase only one alcoholic beverage per transaction; and only permit
the sale or delivery of alcoholic beverages directly to an individual
holding a ticket for a motion picture with a Motion Picture
Association of America rating of "PG-13," "R" or "NC-17."

 SUMMARY OF PROVISIONS :

*Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 16

*Subdivision 6 of section 64-a of the alcoholic beverage control law,
as amended by chapter 475 of the laws of 2011, is amended

*Subdivision 8 of section 64-a of the alcoholic beverage control law,
as added by chapter 531 of the laws of 1964, is amended

*Subdivision 9 of section 64-a of the alcoholic beverage control law,

as added by chapter 531 of the laws of 1964, is amended

 JUSTIFICATION :

Currently, under New York State law, alcohol can only be served in a
theatre in conjunction with sit down dinner service. With the
conversion to digital projection and increase in minimum wage, movie
theatres are facing even higher expenses and are seeking ways to
increase profits and retain employees. This bill will help accomplish
that. Additionally, under this proposal, movie theatres would provide
boosts to sales not only within theatres itself, but also surrounding
shops and restaurants.

This proposal would also allow for the representation of the Taste NY
program. This program allows for local businesses to gain more
exposure and sales.

 PRIOR LEGISLATIVE HISTORY :

New bill. Similar to 5.9087/A.9360C of 2016, which passed the Senate
40-22 but died in the Assembly Economic Development Committee.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately and shall expire and be deemed repealed 3 years after such
date.

2017-S5784A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5784--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced by Sens. SAVINO, HAMILTON, RITCHIE, SANDERS -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Investigations and Government Operations -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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,
 OTHER  THAN  A LICENSE FOR A MOVIE THEATRE THAT MEETS THE DEFINITIONS OF
 RESTAURANT AND MEALS, AND WHERE ALL SEATING IS AT TABLES WHERE MEALS ARE
 SERVED, 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; AND
   (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
 AND
   (C)  ONLY  PERMIT THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES DIRECTLY
 TO AN INDIVIDUAL HOLDING A TICKET FOR A MOTION  PICTURE  WITH  A  MOTION
 PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13," "R," OR "NC-17"; AND
   (D)  NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR
 TO THE START OF THE FIRST MOTION PICTURE, AND CEASE ALL SALES  OF  ALCO-
 HOLIC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10745-05-7

 S. 5784--A                          2
 
 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
 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.]
   §  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.
   §  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.   EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN THE
 CASE OF A MOTION PICTURE THEATRE  APPLYING  FOR  A  LICENSE  UNDER  THIS
 SECTION,  NO  INITIAL  LICENSE  MAY BE ISSUED WITHOUT A COMMUNICATION OF
 SUPPORT FROM THE MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER SECTION  ONE
 HUNDRED TEN-B OF THIS CHAPTER. ADDITIONALLY, SUCH MUNICIPALITY MAY STIP-
 ULATE CONDITIONS UPON WHICH SUPPORT SHALL BE GRANTED.
   10.  The liquor authority may make such rules as it deems necessary to
 carry out the provisions of this section.
   § 5. This act shall take effect immediately.

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Senate Bill S5784A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2017-S5784 - Details

2017-S5784 - Summary

2017-S5784 - Sponsor Memo

2017-S5784 - Bill Text download pdf

co-Sponsors

2017-S5784A (ACTIVE) - Details

2017-S5784A (ACTIVE) - Summary

2017-S5784A (ACTIVE) - Sponsor Memo

2017-S5784A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5784A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2017-S5784 - Details

2017-S5784 - Summary

2017-S5784 - Sponsor Memo

2017-S5784 - Bill Text download pdf

co-Sponsors

2017-S5784A (ACTIVE) - Details

2017-S5784A (ACTIVE) - Summary

2017-S5784A (ACTIVE) - Sponsor Memo

2017-S5784A (ACTIVE) - Bill Text download pdf

Comments