What's happening
This bill allows certain movie theaters in New York to sell alcoholic beverages under specified restrictions and requirements.
Why it matters
Tightens age verification and limits alcohol sales. Movie theaters must check ID for every alcoholic beverage purchase and may only sell one drink per transaction, aiming to reduce underage drinking and overconsumption in a cinema setting.
Restricts alcohol sales to mature-audience films and showtimes. Alcoholic beverages can only be sold to ticket holders for movies rated PG-13, R, or NC-17, and only during a specific window (from one hour before the first film until after the last film), limiting access during family/kid-oriented screenings.
Expands licensing eligibility and requirements. The bill newly allows traditional-style movie theaters (not just dine-in cinemas) to apply for alcohol licenses, provided they meet criteria regarding permanent seating, operational days, and revenue sources, potentially creating new business opportunities.
Tailors food requirements and adds municipal oversight. Theaters can satisfy food service rules with typical concessions like popcorn and candy (not full meals), and—outside New York City—local governments must support and can attach conditions to a theater’s initial alcohol license, giving communities more say in implementation.
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Who cares
Movie theatre operators
Qualifying theatres could obtain special on-premises alcohol licenses without table-service meals, with popcorn, candy and light snacks satisfying the food requirement.
Theatre patrons buying alcohol
At licensed theatres other than qualifying table-service restaurant theatres, buyers would need proof of age for every purchase, could buy only one alcoholic beverage per transaction and would need a ticket to a PG-13, R or NC-17 film.
Municipal governments outside cities of one million or more
Their support would be required before an initial movie theatre license could be issued, and they could attach conditions to that support.
State Liquor Authority
The authority would administer expanded theatre licensing eligibility, including operating-schedule, fixed-seating and revenue requirements, alongside new restrictions on alcohol sales.
Headline styles
Allow Alcohol in Movie Theaters
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to economic development
- Print number 7188a
- Amend (t) and recommit to economic development
- Referred to economic development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Alcohol in Movie Theaters
In Senate Committee · Investigations And Government Operations · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7188--A
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. LENTOL, McDONALD, FAHY, QUART, SEPULVEDA, LUPAR- DO, RICHARDSON -- Multi-Sponsored by -- M. of A. ABBATE, BARRETT, CAHILL, CRESPO, MAGEE, PICHARDO, WOERNER, ZEBROWSKI -- read once and referred to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to alcohol in certain motion picture theatres
The People of the State of New York, represented in Senate and Assembly, 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 alcoholic 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10745-04-7
A. 7188--A 2
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 beverages at retail for consumption on the premises or (b) the operation of a legitimate theatre, including a motion picture theatre that is a building 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 admission 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 definition 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 available for sale to its customers for consumption on the premises. The availability of sandwiches, soups or other foods, whether fresh, processed, 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 requirement. The licensed premises shall comply at all times with all the regulations 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 stipulate 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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