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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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