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A09032 Summary:

BILL NOA09032
 
SAME ASSAME AS S08141
 
SPONSORBurdick
 
COSPNSR
 
MLTSPNSR
 
Amd §64, ABC L
 
Clarifies the method of measurement for the purposes of restrictions on the granting of retail licenses for on-premises consumption of liquor.
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A09032 Actions:

BILL NOA09032
 
02/05/2024referred to economic development
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A09032 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9032
 
SPONSOR: Burdick
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to clar- ifying the method of measurement for the purposes of restrictions on the granting of retail licenses for on-premises consumption of liquor   PURPOSE OR GENERAL IDEA OF BILL: Clarifies the method. of measurement for the purposes of restrictions on the granting of retail licenses for on-premises consumption of liquor.   SUMMARY OF PROVISIONS: Section 1 amends paragraph (c) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, which requires 200 feet between the entrance of any premises seek- ing to serve alcohol and the entrance of any school or place of worship, by clarifying where to measure from when the entrance of the school or place of worship is set back from the sidewalk by a walkway or doorway. Section 2 states the effective date and requires any rule or regulation necessary for the implementation of this law be added, amended, or repealed on or before the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This is a new bill.   JUSTIFICATION: Governance is the fulcrum on which a variety of societal needs and interests are carefully balanced. Maintaining that balance, however, requires occasional re-calibration when previous attempts have been discovered to be miscalculated. Such is the present scenario with the "200 ft." rule. To protect the welfare, privacy, and integrity of schools and places of worship, the law requires 200 linear feet between the entrances of those establishments and the entrance of any premises serving alcohol.Under the present Alcoholic Beverage Control Law, the "entrance" of a school or.place of worship is measured from the sidewalk edge of its property rather than the doorway where children or worshi- pers enter the building. Thus, a restaurant or bar with an entrance 250 feet from the main doorway of a school or place of worship is prevented from serving alcoholic beverages if the school or place of worship has a lawn, parking lot, or walkway 51 feet or greater, despite the patrons of both being more than 200 feet apart.This legislation aims to rectify the balance of societal needs and interests by clarifying the method for which 200 linear feet is measured: from main doorway entrance, to main doorway. entrance.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A09032 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9032
 
                   IN ASSEMBLY
 
                                    February 5, 2024
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the alcoholic beverage control law, in relation to clar-
          ifying the method of measurement for the purposes of  restrictions  on
          the granting of retail licenses for on-premises consumption of liquor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 7 of section 64 of  the  alco-
     2  holic  beverage  control  law,  as amended by chapter 463 of the laws of
     3  2009, is amended to read as follows:
     4    (c) the measurements in paragraphs (a) and (b) of this subdivision are
     5  to be taken in straight lines from the center of the nearest entrance of
     6  the premises sought to be licensed to the center of the nearest entrance
     7  of such school, church, synagogue or other place of worship  or  to  the
     8  center  of the nearest entrance of each such premises licensed and oper-
     9  ating pursuant to this section and sections sixty-four-a,  sixty-four-b,
    10  sixty-four-c,  and/or  sixty-four-d  of this article, if the entrance is
    11  set back from the sidewalk by a walkway  or  doorway,  the  measurements
    12  shall be taken in straight lines from the center of the nearest entrance
    13  of  the premises sought to be licensed to the point directly adjacent to
    14  the center of the nearest entrance of such school, church, synagogue  or
    15  other  place of worship or to the center of the nearest entrance of each
    16  such premises licensed  and  operating  pursuant  to  this  section  and
    17  sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
    18  of this article; except, however,  that  no  renewal  license  shall  be
    19  denied because of such restriction to any premises so located which were
    20  maintained  as  a bona fide hotel, restaurant, catering establishment or
    21  club on or prior to December fifth, nineteen hundred thirty-three;  and,
    22  except  that  no  license  shall  be  denied  to any premises at which a
    23  license under this chapter has been in  existence  continuously  from  a
    24  date  prior to the date when a building on the same street or avenue and
    25  within two hundred feet of said premises has been  occupied  exclusively
    26  as  a  school,  church,  synagogue or other place of worship; and except
    27  that no license shall be denied to any premises, which  is  within  five
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13928-01-3

        A. 9032                             2
 
     1  hundred  feet  of three or more existing premises licensed and operating
     2  pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
     3  sixty-four-c,  and/or  sixty-four-d  of this article, at which a license
     4  under  this  chapter  has  been in existence continuously on or prior to
     5  November first, nineteen hundred  ninety-three;  and  except  that  this
     6  subdivision  shall  not  be  deemed  to restrict the issuance of a hotel
     7  liquor license to a building used as a hotel and in which  a  restaurant
     8  liquor  license  currently  exists  for premises which serve as a dining
     9  room for guests of the hotel and a caterer's license to a  person  using
    10  the  permanent catering facilities of a church, synagogue or other place
    11  of worship pursuant to a written agreement between such person  and  the
    12  authorities  in  charge of such facilities. The liquor authority, in its
    13  discretion, may authorize the removal of any such licensed premises to a
    14  different location on the same street or avenue, within two hundred feet
    15  of said school, church, synagogue or other place  of  worship,  provided
    16  that  such  new location is not within a closer distance to such school,
    17  church, synagogue or other place of worship.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  and  completed
    22  on or before such effective date.
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