The New York State Senate

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

                                  1671

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2019
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Economic Development

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)  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
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

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

                                                           LBD01427-01-9

A. 1671                             2

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.