2006 Legislation
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HOUSE BILL NO. 853 – Movie theater/alcohol served/minor

HOUSE BILL NO. 853

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Bill Status



H0853.....................................................by WAYS AND MEANS
MOVIE THEATERS - ALCOHOL SERVED - Amends existing law to provide that it
shall not be unlawful for any person under the age of twenty-one years of
age to enter or be in any movie theater that is allowed to sell beer or
wine for consumption on the premises; to provide that state and federal
laws regarding pornography, indecency or obscenity shall apply to the
premises; and to define the term "movie theater."
                                                                        
03/27    House intro - 1st rdg - to printing
03/28    Rpt prt - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 35-29-6
      AYES -- Anderson, Bayer, Bilbao, Black, Boe, Chadderdon, Clark,
      Collins, Deal, Edmunson, Ellsworth, Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, LeFavour, Martinez, Miller, Mitchell,
      Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Shepherd(2),
      Shepherd(8), Skippen, Smith(30), Smith(24), Snodgrass, Trail
      NAYS -- Andrus, Barraclough, Barrett, Bastian, Bell, Block, Bolz,
      Brackett, Bradford, Cannon, Crow, Denney, Eskridge, Field(23), Lake,
      Loertscher, Mathews, McKague, Moyle, Nielsen, Nonini, Raybould,
      Rydalch, Sali, Schaefer, Shirley, Stevenson, Wills, Wood
      Absent and excused -- Bedke, Field(18), McGeachin, Roberts, Smylie,
      Mr. Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/31    Senate intro - 1st rdg - to St Aff
04/03    Rpt out - rec d/p - to 2nd rdg
04/04    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 22-13-0
      AYES -- Brandt, Broadsword, Burkett, Coiner, Compton, Corder, Gannon,
      Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Schroeder, Stegner, Stennett, Werk
      NAYS -- Andreason, Bunderson, Burtenshaw, Cameron, Darrington, Davis,
      Fulcher, Geddes, Hill, Pearce, Richardson, Sweet, Williams
      Absent and excused -- None
    Floor Sponsor - Stennett
    Title apvd - to House
04/05    To enrol - Rpt enrol - Sp signed - Pres signed
    To Governor
04/07    Governor signed
         Session Law Chapter 378
         Effective: 04/07/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 853
                                                                        
                                BY WAYS AND MEANS 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 TO SELL BEER OR WINE FOR CONSUMPTION ON THE  PREMISES  PURSUANT
  8        TO  A  VALID LICENSE AND WHICH MOVIE THEATER HAD A LICENSE THAT  WAS VALID
  9        AND NOT SUSPENDED OR REVOKED ON JANUARY 1, 2006, TO PROVIDE THAT STATE AND
 10        FEDERAL LAWS REGARDING PORNOGRAPHY, INDECENCY OR OBSCENITY SHALL APPLY  TO
 11        THE  PREMISES AND TO DEFINE THE TERM "MOVIE THEATER"; PROVIDING SEVERABIL-
 12        ITY; 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 to sell beer or wine for con-
 13    sumption on the premises pursuant to a valid license and which  movie  theater
 14    had a license that  was valid and not suspended or revoked on January 1, 2006.
 15    No  films,  still pictures, electronic reproductions or other visual reproduc-
 16    tions which are in violation of chapter 41, title 18,  Idaho  Code  (indecency
 17    and  obscenity),  or  are  in  violation of federal law regarding pornography,
 18    indecency or obscenity shall be shown or displayed on the premises. As used in
 19    this subsection, "movie theater" means a motion picture theater  that is being
 20    utilized solely for exhibition of a motion picture.
                                                                        
 21        SECTION 2.  SEVERABILITY. The provisions of this act are  hereby  declared
 22    to  be  severable  and if any provision of this act or the application of such
 23    provision to any person or circumstance is declared invalid  for  any  reason,
 24    such  declaration  shall  not affect the validity of the remaining portions of
 25    this act.
                                                                        
 26        SECTION 3.  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.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16290


This legislation puts into compliance licensed movie theaters who
were selling beer and wine as of January 1, 2006.



                           FISCAL NOTE

There is no fiscal impact.







Contact
Name: Representative Wendy Jaquet
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                            H 853