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H0777aa,aa.................................................by STATE AFFAIRS MOVIE THEATERS - ALCOHOL SERVED - Amends existing law to provide that it shall not be unlawful for, nor shall Section 23-943, Idaho Code, be construed to restrict, any person under the age of twenty-one years from entering or being in any movie theater that is allowed, pursuant to an ordinance adopted by the city in which the movie theater is located, to sell beer or wine for consumption on the premises; and to provide that the ordinance may provide for the maximum capacity of any individual auditorium in which beer or wine is allowed to be consumed; to provide that state and federal laws regarding indecency, obscenity and pornography shall apply to the premises when a city adopts an ordinance allowing consumption of beer or wine on the premises; and to define "movie theater." 03/07 House intro - 1st rdg - to printing 03/08 Rpt prt - to St Aff 03/15 Rpt out - to Gen Ord Rpt out amen - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 To Gen Ord Rpt out amen - to engros 03/20 Rpt engros - 1st rdg - to 2nd rdg as amen 03/21 2nd rdg - to 3rd rdg as amen 03/22 3rd rdg as amen - FAILED - 30-38-2 AYES -- Anderson, Barraclough, Black, Boe, Bradford, Chadderdon, Clark, Deal, Garrett, Henbest, Jaquet, Kemp, LeFavour, Martinez, Miller, Mitchell, Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Shepherd(2), Shepherd(8), Skippen, Smith(30), Smith(24), Smylie, Trail, Mr. Speaker NAYS -- Andrus, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Brackett, Cannon, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood, Henderson, Lake, Loertscher, Mathews, McKague, Moyle, Nielsen, Nonini, Raybould, Roberts, Rydalch, Sali, Schaefer, Shirley, Snodgrass, Stevenson, Wills, Wood Absent and excused -- Hart, McGeachin Floor Sponsor - Jaquet Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 777 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE ENTERING OR BEING IN PLACES 3 WHERE ALCOHOLIC BEVERAGES ARE SERVED OR CONSUMED; AMENDING SECTION 23-944, 4 IDAHO CODE, TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR, NOR SHALL SEC- 5 TION 23-943, IDAHO CODE, BE CONSTRUED TO RESTRICT, ANY PERSON UNDER THE 6 AGE OF TWENTY-ONE YEARS FROM ENTERING OR BEING IN ANY MOVIE THEATER THAT 7 IS ALLOWED PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY IN WHICH THE MOVIE 8 THEATER IS LOCATED, TO SELL BEER OR WINE FOR CONSUMPTION ON THE PREMISES 9 AND TO PROVIDE THAT THE ORDINANCE MAY PROVIDE FOR THE MAXIMUM CAPACITY OF 10 ANY INDIVIDUAL AUDITORIUM IN WHICH BEER OR WINE IS ALLOWED TO BE CONSUMED 11 AND THAT SECTION 23-614(1)(e), IDAHO CODE, DOES NOT APPLY TO THE PREMISES; 12 AND DECLARING AN EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 23-944, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 17 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 18 restrict, any person under the age of twenty-one (21) years from entering or 19 being: 20 (1) upon the premises of any restaurant, as herein defined, or in any 21 railroad observation or club car or any airplane of a commercial airline, not- 22 withstanding that such premises may also be licensed for the sale of liquor by 23 the drink or for the sale of beer for consumption on the premises or that 24 alcohol beverages, or beer, or both, are prepared, mixed or dispensed and 25 served and consumed therein. 26 (2) in any building, a part or portion of which is used as a place, as 27 herein defined, provided such place is separated or partitioned from the 28 remainder of said building and access to such place through a doorway or 29 doorways or other means of ingress can be controlled to prevent persons under 30 the ages specified with respect thereto in section 23-943, Idaho Code, from 31 entering therein. 32 (3) in any baseball park, sports arena, convention center, multipurpose 33 arena, theater that is presenting live performances or fairgrounds, notwith- 34 standing that such premises or any portion thereof may be licensed for the 35 sale of liquor by the drink, wine or beer for consumption on the premises or 36 that such products are dispensed and served and consumed therein; provided, 37 that the person under the age of twenty-one (21) years is attending a lawful 38 activity, show, exhibition, performance or event on the premises or is 39 required to be present as a condition of his employment. It is lawful for per- 40 sons under the age of twenty-one (21) years to enter and remain in a baseball 41 park, sports arena, convention center, multipurpose arena, theater that is 42 presenting live performances or fairgrounds so long as the activity, show, 43 exhibition, performance or event is lawful and the person does not violate 2 1 section 23-949, Idaho Code. 2 (4) upon the premises of any licensed winery notwithstanding that such 3 premises or any portion thereof may also be licensed for the sale of beer or 4 wine for consumption on the premises or that wine is dispensed and served and 5 consumed therein. 6 (5) upon the licensed premises of a wine retailer, wholly owned and oper- 7 ated by a licensed winery which retails exclusively the products of that win- 8 ery. 9 (6) at a location, other than a liquor, beer, or wine licensed premises, 10 authorized to serve alcohol beverages under a valid alcohol beverage catering 11 permit. 12 (7) in any movie theater that is allowed, pursuant to an ordinance 13 adopted by the city in which the movie theater is located, to sell beer or 14 wine for consumption on the premises. The ordinance may provide for the maxi- 15 mum capacity of any individual auditorium in which beer or wine is allowed to 16 be consumed; and that section 23-614(1)(e), Idaho Code, does not apply to the 17 premises. 18 SECTION 2. An emergency existing therefor, which emergency is hereby 19 declared to exist, this act shall be in full force and effect on and after its 20 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Jaquet Seconded by Lake IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 777, As Amended 1 AMENDMENT TO SECTION 1 2 On page 2 of the engrossed bill, delete lines 18 through 20 and insert: 3 "be consumed. If a city adopts an ordinance pursuant to this subsection allow- 4 ing consumption of beer or wine on the premises, no films, still pictures, 5 electronic reproductions or other visual reproductions which are in violation 6 of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in 7 violation of federal law regarding pornography, indecency or obscenity shall 8 be shown or displayed on the premises. As used in this". 9 CORRECTION TO TITLE 10 On page 1, delete lines 11 and 12 and insert: "THAT STATE AND FEDERAL LAWS 11 REGARDING INDECENCY, OBSCENITY AND PORNOGRAPHY SHALL APPLY TO THE PREMISES 12 WHEN A CITY ADOPTS AN ORDINANCE ALLOWING CONSUMPTION OF BEER OR WINE ON". 2 Moved by Smith (30) Seconded by Miller IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 777 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete lines 16 and 17 and insert: "be con- 3 sumed. If a city adopts an ordinance pursuant to this subsection allowing con- 4 sumption of beer or wine on the premises, the provisions of section 5 23-614(1)(e), Idaho Code, shall not apply to the premises. As used in this 6 subsection, "movie theater" means a motion picture theater, screening room or 7 other venue that is being utilized primarily for exhibition of a motion pic- 8 ture.". 9 CORRECTION TO TITLE 10 On page 1, in line 9, delete "AND" and insert: ","; and in line 11, delete 11 "DOES" and insert: "SHALL", and also in line 11, following "PREMISES" insert: 12 "WHEN A CITY ADOPTS AN ORDINANCE ALLOWING CONSUMPTION OF BEER OR WINE ON THE 13 PREMISES AND TO DEFINE THE TERM "MOVIE THEATER"".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 777, As Amended, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE ENTERING OR BEING IN PLACES 3 WHERE ALCOHOLIC BEVERAGES ARE SERVED OR CONSUMED; AMENDING SECTION 23-944, 4 IDAHO CODE, TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR, NOR SHALL SEC- 5 TION 23-943, IDAHO CODE, BE CONSTRUED TO RESTRICT, ANY PERSON UNDER THE 6 AGE OF TWENTY-ONE YEARS FROM ENTERING OR BEING IN ANY MOVIE THEATER THAT 7 IS ALLOWED PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY IN WHICH THE MOVIE 8 THEATER IS LOCATED, TO SELL BEER OR WINE FOR CONSUMPTION ON THE PREMISES, 9 TO PROVIDE THAT THE ORDINANCE MAY PROVIDE FOR THE MAXIMUM CAPACITY OF ANY 10 INDIVIDUAL AUDITORIUM IN WHICH BEER OR WINE IS ALLOWED TO BE CONSUMED AND 11 THAT STATE AND FEDERAL LAWS REGARDING INDECENCY, OBSCENITY AND PORNOGRAPHY 12 SHALL APPLY TO THE PREMISES WHEN A CITY ADOPTS AN ORDINANCE ALLOWING CON- 13 SUMPTION OF BEER OR WINE ON THE PREMISES AND TO DEFINE THE TERM "MOVIE 14 THEATER"; AND DECLARING AN EMERGENCY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 23-944, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 19 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 20 restrict, any person under the age of twenty-one (21) years from entering or 21 being: 22 (1) upon the premises of any restaurant, as herein defined, or in any 23 railroad observation or club car or any airplane of a commercial airline, not- 24 withstanding that such premises may also be licensed for the sale of liquor by 25 the drink or for the sale of beer for consumption on the premises or that 26 alcohol beverages, or beer, or both, are prepared, mixed or dispensed and 27 served and consumed therein. 28 (2) in any building, a part or portion of which is used as a place, as 29 herein defined, provided such place is separated or partitioned from the 30 remainder of said building and access to such place through a doorway or 31 doorways or other means of ingress can be controlled to prevent persons under 32 the ages specified with respect thereto in section 23-943, Idaho Code, from 33 entering therein. 34 (3) in any baseball park, sports arena, convention center, multipurpose 35 arena, theater that is presenting live performances or fairgrounds, notwith- 36 standing that such premises or any portion thereof may be licensed for the 37 sale of liquor by the drink, wine or beer for consumption on the premises or 38 that such products are dispensed and served and consumed therein; provided, 39 that the person under the age of twenty-one (21) years is attending a lawful 40 activity, show, exhibition, performance or event on the premises or is 41 required to be present as a condition of his employment. It is lawful for per- 42 sons under the age of twenty-one (21) years to enter and remain in a baseball 43 park, sports arena, convention center, multipurpose arena, theater that is 2 1 presenting live performances or fairgrounds so long as the activity, show, 2 exhibition, performance or event is lawful and the person does not violate 3 section 23-949, Idaho Code. 4 (4) upon the premises of any licensed winery notwithstanding that such 5 premises or any portion thereof may also be licensed for the sale of beer or 6 wine for consumption on the premises or that wine is dispensed and served and 7 consumed therein. 8 (5) upon the licensed premises of a wine retailer, wholly owned and oper- 9 ated by a licensed winery which retails exclusively the products of that win- 10 ery. 11 (6) at a location, other than a liquor, beer, or wine licensed premises, 12 authorized to serve alcohol beverages under a valid alcohol beverage catering 13 permit. 14 (7) in any movie theater that is allowed, pursuant to an ordinance 15 adopted by the city in which the movie theater is located, to sell beer or 16 wine for consumption on the premises. The ordinance may provide for the maxi- 17 mum capacity of any individual auditorium in which beer or wine is allowed to 18 be consumed. If a city adopts an ordinance pursuant to this subsection allow- 19 ing consumption of beer or wine on the premises, no films, still pictures, 20 electronic reproductions or other visual reproductions which are in violation 21 of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in 22 violation of federal law regarding pornography, indecency or obscenity shall 23 be shown or displayed on the premises. As used in this subsection, "movie the- 24 ater" means a motion picture theater, screening room or other venue that is 25 being utilized primarily for exhibition of a motion picture. 26 SECTION 2. An emergency existing therefor, which emergency is hereby 27 declared to exist, this act shall be in full force and effect on and after its 28 passage and approval. 3 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 777, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE ENTERING OR BEING IN PLACES 3 WHERE ALCOHOLIC BEVERAGES ARE SERVED OR CONSUMED; AMENDING SECTION 23-944, 4 IDAHO CODE, TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR, NOR SHALL SEC- 5 TION 23-943, IDAHO CODE, BE CONSTRUED TO RESTRICT, ANY PERSON UNDER THE 6 AGE OF TWENTY-ONE YEARS FROM ENTERING OR BEING IN ANY MOVIE THEATER THAT 7 IS ALLOWED PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY IN WHICH THE MOVIE 8 THEATER IS LOCATED, TO SELL BEER OR WINE FOR CONSUMPTION ON THE PREMISES, 9 TO PROVIDE THAT THE ORDINANCE MAY PROVIDE FOR THE MAXIMUM CAPACITY OF ANY 10 INDIVIDUAL AUDITORIUM IN WHICH BEER OR WINE IS ALLOWED TO BE CONSUMED AND 11 THAT SECTION 23-614(1)(e), IDAHO CODE, SHALL NOT APPLY TO THE PREMISES 12 WHEN A CITY ADOPTS AN ORDINANCE ALLOWING CONSUMPTION OF BEER OR WINE ON 13 THE PREMISES AND TO DEFINE THE TERM "MOVIE THEATER"; AND DECLARING AN 14 EMERGENCY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 3. That Section 23-944, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 19 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 20 restrict, any person under the age of twenty-one (21) years from entering or 21 being: 22 (1) upon the premises of any restaurant, as herein defined, or in any 23 railroad observation or club car or any airplane of a commercial airline, not- 24 withstanding that such premises may also be licensed for the sale of liquor by 25 the drink or for the sale of beer for consumption on the premises or that 26 alcohol beverages, or beer, or both, are prepared, mixed or dispensed and 27 served and consumed therein. 28 (2) in any building, a part or portion of which is used as a place, as 29 herein defined, provided such place is separated or partitioned from the 30 remainder of said building and access to such place through a doorway or 31 doorways or other means of ingress can be controlled to prevent persons under 32 the ages specified with respect thereto in section 23-943, Idaho Code, from 33 entering therein. 34 (3) in any baseball park, sports arena, convention center, multipurpose 35 arena, theater that is presenting live performances or fairgrounds, notwith- 36 standing that such premises or any portion thereof may be licensed for the 37 sale of liquor by the drink, wine or beer for consumption on the premises or 38 that such products are dispensed and served and consumed therein; provided, 39 that the person under the age of twenty-one (21) years is attending a lawful 40 activity, show, exhibition, performance or event on the premises or is 41 required to be present as a condition of his employment. It is lawful for per- 42 sons under the age of twenty-one (21) years to enter and remain in a baseball 43 park, sports arena, convention center, multipurpose arena, theater that is 44 presenting live performances or fairgrounds so long as the activity, show, 45 exhibition, performance or event is lawful and the person does not violate 46 section 23-949, Idaho Code. 4 1 (4) upon the premises of any licensed winery notwithstanding that such 2 premises or any portion thereof may also be licensed for the sale of beer or 3 wine for consumption on the premises or that wine is dispensed and served and 4 consumed therein. 5 (5) upon the licensed premises of a wine retailer, wholly owned and oper- 6 ated by a licensed winery which retails exclusively the products of that win- 7 ery. 8 (6) at a location, other than a liquor, beer, or wine licensed premises, 9 authorized to serve alcohol beverages under a valid alcohol beverage catering 10 permit. 11 (7) in any movie theater that is allowed, pursuant to an ordinance 12 adopted by the city in which the movie theater is located, to sell beer or 13 wine for consumption on the premises. The ordinance may provide for the maxi- 14 mum capacity of any individual auditorium in which beer or wine is allowed to 15 be consumed. If a city adopts an ordinance pursuant to this subsection allow- 16 ing consumption of beer or wine on the premises, the provisions of section 17 23-614(1)(e), Idaho Code, shall not apply to the premises. As used in this 18 subsection, "movie theater" means a motion picture theater, screening room or 19 other venue that is being utilized primarily for exhibition of a motion pic- 20 ture. 21 SECTION 4. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 16199 This legislation provides a local option for movie theaters to continue to serve beer and/or wine by ordinance as provided by the local city elected officials. FISCAL NOTE There is no fiscal impact. Contact Name: Representative Wendy Jaquet Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 777 AA