Relates to an exemption for certain property located in the county of Tompkins from the prohibition of alcohol sales within a certain distance from a school or church.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10376A
SPONSOR: Rules (Kelles) 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 church
PURPOSE:
Relates to an exemption for certain property located in the county of
Tompkins from the prohibition of alcohol sales within a certain distance
from a church
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 7 of section 64 of the alcoholic beverage
control law to add a new paragraph (e-16).
Section 2 is the effective date.
JUSTIFICATION:
The Rook, nestled in the heart of Ithaca, is a hidden gem that attracts
patrons with its comfort food and cozy atmosphere. They were advised
that their location is within 200 feet of a place of worship and legis-
lation is required to provide an exemption to enable them to have a full
liquor license. The First Presbyterian Church of Ithaca, New York
supports The Rook in its efforts to have a full liquor license to sell
wine, beer and spirits at their restaurant.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
10376--A
IN ASSEMBLY
May 21, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kelles) --
read once and referred to the Committee on Economic Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 church
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 located within two hundred
7 feet of a building occupied exclusively as a school, church, synagogue
8 or other place of worship, provided such premises constitutes a premises
9 for the sale of food or beverages at retail for consumption on the prem-
10 ises located wholly within the boundaries of the city of Ithaca, county
11 of Tompkins, bounded and described as follows:
12 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County
13 of Tompkins and State of New York, being more particularly bounded and
14 described as follows:
15 BEGINNING at a point marked in the west street line of North Cayuga
16 Street, which point is marked by a drill hole and which point is also
17 located 214' +/- northerly along said street line from its intersection
18 with the north street line of West Buffalo Street;
19 RUNNING THENCE North 00° 03' 52" East along the west street line of
20 North Cayuga Street a distance of 185.96' to a point in the south street
21 line of West Court Street which point is 0.9' southwesterly of a point
22 at which a traffic signal pole is located;
23 RUNNING THENCE South 89° 43' 33" West along the south street line of
24 West Court Street a distance of 200.79' to a point in said street line
25 that is marked by a nail found, which point is also the northeast corner
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15617-02-4
A. 10376--A 2
1 of premises now or formerly of Tompkins County Senior Citizens Council,
2 Inc. (hereinafter referred to as "TCSCC")(Liber 776 of Deeds at page
3 266);
4 RUNNING THENCE South 00° 03' 05" West along said premises now or
5 formerly of TCSCC a distance of 100.00' to a point;
6 RUNNING THENCE North 87° 46' 28" West along said premises now or
7 formerly of TCSSC a distance of 5.23' to a point, which point is South
8 87° 46' 28" East a distance of 12.27' from a point marked by a nail
9 found in the east line of said premises now or formerly of TCSCC;
10 RUNNING THENCE South 00° 03' 52" West along the east line of said
11 premises now or formerly of TCSCC a distance of 85.55' to a point marked
12 by a pin found, which point is also the northwest corner of premises now
13 or formerly of Seaney (Instrument No. 586336-005)
14 RUNNING THENCE North 89° 54' 16" East along the north line of said
15 premises now or formerly of Seaney a distance of 205.99' to a point in
16 the westt street line of North Cayuga Street and the point or place of
17 beginning.
18 § 2. This act shall take effect immediately.
