What's happening
This bill allows certain movie theaters in New York to sell alcoholic beverages under specific conditions and restrictions.
Why it matters
Creates strict rules for alcohol sales in movie theaters. The bill sets specific requirements, such as checking IDs for every alcohol purchase, limiting customers to one drink per transaction, and only allowing alcohol sales during a defined window around movie showtimes. This aims to address safety and underage drinking concerns.
Restricts alcohol sales to movies with mature ratings. Alcohol can only be sold to ticket holders for movies rated PG-13, R, or NC-17, which could help prevent access by younger audiences and shows a targeted approach to limiting exposure.
Clarifies what food must be available at theaters with alcohol licenses. Movie theaters are deemed compliant if they offer typical concessions like popcorn, candy, and light snacks, rather than full meals, reducing the operational burden for theaters compared to restaurants.
Involves local governments in approving new licenses (outside NYC). For most municipalities, initial alcohol licenses for theaters require local government support, giving communities a say in whether and how alcohol is sold at local cinemas, potentially with additional conditions as they see fit.
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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
At covered theatres, alcohol buyers would need proof of age for every purchase, could buy only one drink per transaction and would need a ticket for a PG-13, R or NC-17 film.
Municipal governments outside cities of one million or more
Their support would be required for an initial movie theatre license, and they could attach conditions to that support.
State Liquor Authority
It would administer the expanded theatre licensing provisions, including eligibility requirements for operating schedules, permanently affixed auditorium seating and revenue sources.
Headline styles
Allow Alcohol in Movie Theaters
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to investigations and government operations
- Print number 5784a
- Amend (t) and recommit to investigations and government operations
- Referred to investigations and government operations
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 Assembly Committee · Economic Development · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5784--A
2017-2018 Regular Sessions
IN SENATE
April 28, 2017
Introduced by Sens. SAVINO, HAMILTON, RITCHIE, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- 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:
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10745-05-7
S. 5784--A 2
ages 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.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to alcohol in certain motion picture theatres
Purpose or general idea of bill
To allow alcohol in certain motion picture theaters. This bill would also require the purchaser to provide written evidence of age, purchase only one alcoholic beverage per transaction; and 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."
Summary of provisions
*Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16
*Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by chapter 475 of the laws of 2011, is amended
*Subdivision 8 of section 64-a of the alcoholic beverage control law, as added by chapter 531 of the laws of 1964, is amended
*Subdivision 9 of section 64-a of the alcoholic beverage control law, as added by chapter 531 of the laws of 1964, is amended
Justification
Currently, under New York State law, alcohol can only be served in a theatre in conjunction with sit down dinner service. With the conversion to digital projection and increase in minimum wage, movie theatres are facing even higher expenses and are seeking ways to increase profits and retain employees. This bill will help accomplish that. Additionally, under this proposal, movie theatres would provide boosts to sales not only within theatres itself, but also surrounding shops and restaurants.
This proposal would also allow for the representation of the Taste NY program. This program allows for local businesses to gain more exposure and sales.
Prior legislative history
New bill. Similar to 5.9087/A.9360C of 2016, which passed the Senate 40-22 but died in the Assembly Economic Development Committee.
Fiscal implications for state and local governments
None.
Effective date
Immediately and shall expire and be deemed repealed 3 years after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.