S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7389
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07692-01-3
              

 S. 7389                             2
 
 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.