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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 - 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
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