Authorizes motion picture theatres to serve alcoholic beverages.
Ayes (26): DeFrancisco, Johnson, Bonacic, Farley, Flanagan, Golden, Griffo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Seward, Young, Krueger, Breslin, Dilan, Gianaris, Kruger, Montgomery, Oppenheimer, Parker, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (7): Alesi, Hannon, LaValle, Saland, Duane, Peralta, Perkins
Nays (2): Fuschillo, Diaz
Ayes (50): Adams, Addabbo, Alesi, Avella, Ball, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (12): Bonacic, Diaz, Espaillat, Fuschillo, Gallivan, Hassell-Thomps, Lanza, Larkin, LaValle, Martins, Perkins, Saland
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.
STATE OF NEW YORK ________________________________________________________________________ 4772 2011-2012 Regular Sessions IN 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.