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A09755 Summary:

BILL NOA09755A
 
SAME ASSAME AS S08913-A
 
SPONSOREpstein
 
COSPNSR
 
MLTSPNSR
 
Amd §64, ABC L
 
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.
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A09755 Actions:

BILL NOA09755A
 
04/03/2024referred to economic development
05/21/2024reported referred to ways and means
05/30/2024reported referred to rules
06/03/2024reported
06/03/2024rules report cal.354
06/03/2024ordered to third reading rules cal.354
06/04/2024amended on third reading (t) 9755a
06/07/2024substituted by s8913a
 S08913 AMEND=A GONZALEZ
 03/27/2024REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 04/08/2024REFERENCE CHANGED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
 05/22/20241ST REPORT CAL.1436
 05/23/20242ND REPORT CAL.
 05/28/2024ADVANCED TO THIRD READING
 06/03/2024AMENDED ON THIRD READING (T) 8913A
 06/06/2024PASSED SENATE
 06/06/2024DELIVERED TO ASSEMBLY
 06/06/2024referred to ways and means
 06/07/2024substituted for a9755a
 06/07/2024ordered to third reading rules cal.354
 06/07/2024passed assembly
 06/07/2024returned to senate
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A09755 Memo:

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
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A09755 Text:



 
                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.
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