2006 Legislation
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HOUSE BILL NO. 777 – Movie theater, alcohol, under 21

HOUSE BILL NO. 777

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Bill Status



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

Bill Text


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

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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"".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


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

Statement of Purpose / Fiscal Impact


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