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repealed on or before the effective date.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.
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.