Authorizes the sale of liquor for consumption on certain premises located within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship in the borough of Manhattan, county of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9755A
SPONSOR: Epstein TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to an
exemption for certain property from the prohibition of alcohol sales
within a certain distance from a school; and providing for the repeal of
such provisions upon expiration thereof
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 7 of section 64 of the alcoholic beverage
control law
Section 2 provides the effective date
JUSTIFICATION:
The bill would waive the ABC law's 200 ft. statute for the restaurant
operating at 415 3rd Avenue and allow the license application to be
considered. 415 3rd Avenue Restaurant Group leased the space to open a
restaurant in a unit that had previously held another restaurant. As
the prior establishment served alcohol under a license from the SLA, the
Group understood that they would be able to obtain the same license.
However, that is no longer possible because, after the previous license
was granted, a church moved in nearby. Under NYS law, the SLA cannot
issue a new license because the new restaurant is technically within 200
ft of the church.
The Executive Pastor has provided a letter memorializing their consent.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
Immediate
STATE OF NEW YORK
________________________________________________________________________
9755--A
R. R. 354
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Economic Development -- reported and referred to the Committee
on Ways and Means -- reported and referred to the Committee on Rules
-- ordered to a third reading -- amended on the special order of third
reading, ordered reprinted as amended, retaining its place on the
special order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to an
exemption for certain property from the prohibition of alcohol sales
within a certain distance from a school; and providing for the repeal
of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 64 of the alcoholic beverage
2 control law is amended by adding a new paragraph (e-16) to read as
3 follows:
4 (e-16) Notwithstanding the provisions of paragraph (a) of this subdi-
5 vision, the authority may issue a retail license for on-premises
6 consumption for a premises which shall be within two hundred feet of a
7 building occupied exclusively as a school, church, synagogue or other
8 place of worship, provided such premises constitutes a premises for the
9 sale of food or beverages at retail for consumption on the premises
10 located wholly within the boundaries of the borough of Manhattan, county
11 of New York, city and state of New York, bounded and described as
12 follows:
13 ALL that certain plot, piece or parcel of land, with the buildings and
14 improvements thereon erected, situate, lying and being in the Borough of
15 Manhattan, County, City and State of New York, bounded and described as
16 follows:
17 BEGINNING at the corner formed by intersection of the Northerly side
18 of Twenty-Ninth Street with the Easterly side of Third Avenue and
19 running thence Northerly along the Easterly Side of said Avenue Twenty-
20 Four (24) feet and Four and One-Quarter (4-1/4) inches, thence Easterly
21 and parallel with Twenty-Ninth Street and Fifty-Nine (59) Feet, thence
22 Southerly parallel with said Avenue, Twenty-Four Feet and Four and One-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14972-03-4
A. 9755--A 2
1 Quarter (4-1/4) inches to Twenty-Ninth Street and thence Westerly along
2 Twenty-Ninth Street, Fifty-Nine feet to the point of place of Beginning.
3 SAID PREMISES being known as and located at 415 Third Avenue, New
4 York, New York and designated as Block 910 Lot 1 as shown on the Tax Map
5 of the City of New York, County of New York.
6 SAID PREMISES being and intended to be the same premises conveyed to
7 the party of the first part by deed dated 8/23/2013 and recorded on
8 11/15/2013 in the New York City Register's Office as CRFN 2013000471055.
9 § 2. This act shall take effect immediately; provided, however, that
10 upon the sale or transfer of the parcel detailed in paragraph (e-16) of
11 subdivision 7 of section 64 of the alcoholic beverage control law as
12 added by section one of this act, such paragraph shall expire and be
13 deemed repealed unless the licensee immediately obtains a leasehold upon
14 such sale or transfer of such parcel as part of the sale or transfer. If
15 the licensee obtains such a leasehold, such paragraph (e-16) pertaining
16 to such parcel shall expire and be deemed repealed upon the end or
17 termination of such lease; and provided, further, that the chair of the
18 state liquor authority shall notify the legislative bill drafting
19 commission upon the occurrence of such sale, transfer or termination of
20 the leasehold in order that the commission may maintain an accurate and
21 timely effective data base of the official text of the laws of the state
22 of New York in furtherance of effectuating the provisions of section 44
23 of the legislative law and section 70-b of the public officers law.
