Should movie theaters be allowed to serve beer and wine in the presence of minors?

On January 30^th, 2012, Seattle’s King 5 News reported that a Seattle, Washington movie theater that has been serving beer and wine for the last seven years may soon need to change its business model.

Central Cinema, located in Seattle’s Capitol Hill neighborhood, serves beer and wine to customers over the age of 21. The theater even hosts cartoon happy hours, during which children watch cartoons while their parents enjoy a glass of wine or beer. Patrons may order food as well. Central’s owner only recently became aware that the business was breaking a 2010 law.

The King 5 News article states that the 2010 law allows theaters like Central Cinema to serve beer and wine, but only as long as there are no minors present. The owner of the theater, Kevin Spitzer, says that the theater has been an “all ages place” since it opened close to seven years ago, and that he wasn’t aware of the 2010 law until he applied for an enhanced liquor license that would allow him to sell cocktails in addition to beer and wine. Spitzer has successfully renewed his license since 2010, and the oversight was not detected until he applied for the enhancement.

Spitzer and other theater owners are looking to the state’s lawmakers to change the law. A proposed bill would allow the theaters to continue serving beer and wine while minors are present, so long as there are measures in place to keep alcohol out of their hands. The bill defines “minor control plans” as  “…written, dated, and signed plan[s] submitted to the board by an applicant or licensee for the entire theater premises, or a room or area therein, that shows where and when minors are permitted and the control measures used to prevent minors from obtaining alcohol, prohibit minors when drinking alcohol predominates, and minimize minors' exposure to a drinking environment.”

A representative of the Washington State Liquor Board, Brian Smith, commented that the problem with the proposed bill is enforcement. He said, "Imagine a movie theater, a dark movie theater, can you go in there and be able to check ID's without being disruptive? No, you can't really do that very easily."

Many of the public comments to the King 5 News article indicate that some members of the public don’t see the difference between theaters like Central Cinema and restaurants that serve alcohol in the presence of minors. Other comments show concern that the presence of alcohol in movie theaters will lead to disorderly conduct. User “emptynestr” characterized the difference between the two as disastrous, calling movie theaters like Central “…a recipe for untold disasters...stalking, preying on innocent girls, to name a couple.” Other comments suggested that theaters like Central should be strictly 21 and over.

California’s El Cerrito is also home to a movie theater that serves beer and wine to its 21 and over clientele. The theater has a license issued by California’s Department of Alcoholic Beverage Control for the sale of beer and wine on the premises as an “eating place.” In addition to wine and locally brewed beers, the theater serves pizza, sandwiches, and salads.

Despite the similarities between Central Cinema in Seattle, Washington and Rialto Cinemas in El Cerrito, California, the two states take different approaches to alcohol regulation. While California is a license state, Washington is a control state. In California, the California Department of Alcoholic Beverage Control issues licenses for the manufacture and sale of alcohol to all individuals and businesses in the distribution channel. In Washington, however, the Washington State Liquor Control Board is the only authorized wholesaler of and operator of liquor stores, and the sole governmental body responsible for issuing retail licenses to bars for the sale of beer, wine, and spirits for on-site consumption.

Following the repeal of Prohibition, the control states contended that eliminating or limiting the role of the private enterprise in the liquor market was the best way to ensure the health and safety of the public. Despite a seemingly more “temperate” reputation, most control states, like Washington, are now hybrid states (monopolizing wholesale liquor sales and licensing retail liquor sales). If the Washington legislature decides to pass the proposed bill, it might not be long before both license and control states are serving alcohol in movie theaters- an idea that may have horrified the supporters of the temperance movement.