Authorizes motion picture theatres to serve alcoholic beverages.

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S4772-2011 Actions

• Aug 17, 2011: SIGNED CHAP.475
• Aug 5, 2011: DELIVERED TO GOVERNOR
• Jun 15, 2011: returned to senate
• Jun 15, 2011: passed assembly
• Jun 15, 2011: ordered to third reading rules cal.227
• Jun 15, 2011: substituted for a7315
• Jun 13, 2011: referred to codes
• Jun 13, 2011: DELIVERED TO ASSEMBLY
• Jun 13, 2011: PASSED SENATE
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.860
• May 10, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 20, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4772-2011 Meetings

Finance: May 24, 2011, Investigations and Government Operations: May 10, 2011

S4772-2011 Calendars

Active List: Jun 13, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S4772-2011 Votes

S4772-2011 Memo

BILL NUMBER:S4772

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
motion picture theatres to serve alcoholic beverages

PURPOSE:
To allow the sale of alcoholic beverages at dinner and a movie
theaters if all seating is at tables

SUMMARY OF PROVISIONS:
The bill amends section 3 of the alcoholic
beverage control law by including in the definition of a restaurant,
venues that show motion pictures that also meets the definition of
restaurant and meals and where all the seating is at tables.

Section 2 amends the provisions of section 64-a of the alcoholic
beverage control law that prohibit the issuance of a license to movie
theaters to exempt those theaters meeting the definition of a
restaurant and meals and where all the seating is at tables.

JUSTIFICATION:
This bill would clarify and streamline the permitting
for venues that offer dinner and a movie. Such theaters must have
table seating and a full restaurant menu selection.
Under current law, it is difficult for such restaurants that show
movies with table seating to obtain a license to serve alcohol.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4772-2011 Text

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

                                    4772

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 20, 2011
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- 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
    authorizing motion picture theatres to serve alcoholic beverages

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  27  of  section  3 of the alcoholic beverage
  control law is amended to read as follows:

    27. "Restaurant" shall mean a place which is regularly and in  a  bona
  fide  manner  used  and kept open for the serving of meals to guests for
  compensation and which has suitable kitchen facilities connected  there-
  with,  containing conveniences for cooking an assortment of foods, which
  may be required for ordinary meals, the kitchen of which  must,  at  all
  times,  be  in  charge  of a chef with the necessary help, and kept in a
  sanitary condition with the proper amount of refrigeration  for  keeping
  of food on said premises and must comply with all the regulations of the
  local  department  of  health. RESTAURANT SHALL INCLUDE A MOTION PICTURE
  THEATRE, MOVIE THEATRE OR OTHER VENUE THAT SHOWS  MOTION  PICTURES  THAT
  MEET  THE  DEFINITIONS  OF  RESTAURANT  AND MEALS, AND ALL SEATING IS AT
  TABLES WHERE MEALS ARE SERVED. "Meals" shall mean the  usual  assortment
  of  foods  commonly  ordered at various hours of the day; the service of
  such food and victuals only as sandwiches or salads shall not be  deemed
  a  compliance  with  this  requirement. "Guests" shall mean persons who,
  during the hours when meals are regularly  served  therein,  come  to  a
  restaurant  for  the purpose of obtaining, and actually order and obtain
  at such time, in good faith, a meal therein. Nothing in this subdivision
  contained, however, shall be construed to require that any food be  sold
  or purchased with any beverage.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10992-01-1

 S. 4772                             2

    S  2.  Subdivision 6 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:

    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 or such other lawful adult  entertainment  or  recre-
  ational  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. This act shall take effect immediately.