HOUSE BILL NO. 777
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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 - 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.
]]]] 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"".
]]]] 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.
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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