Allows for retail license for on-premises consumption to be granted to establishments located on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship.
STATE OF NEW YORK
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10122
IN ASSEMBLY
May 6, 2024
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Introduced by M. of A. RAGA -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
allowing for retail licenses for on-premises consumption to be granted
to establishments located on the same street or avenue and within two
hundred feet of a building occupied exclusively as a school, church,
synagogue or other place of worship; and to repeal certain provisions
of such law relating thereto
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2 control law is REPEALED and a new subdivision 7 is added to read as
3 follows:
4 7. (a) No retail license for on-premises consumption shall be granted
5 for any premises which shall be in a city, town or village having a
6 population of twenty thousand or more within five hundred feet of three
7 or more existing premises licensed and operating pursuant to this
8 section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or
9 sixty-four-d of this article.
10 (b) The measurements in paragraph (a) of this subdivision are to be
11 taken in straight lines from the center of the nearest entrance of the
12 premises sought to be licensed to the center of the nearest entrance of
13 each such premises licensed and operating pursuant to this section and
14 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
15 of this article; except, however, that no renewal license shall be
16 denied because of such restriction to any premises so located which were
17 maintained as a bona fide hotel, restaurant, catering establishment or
18 club on or prior to December fifth, nineteen hundred thirty-three; and
19 except that no license shall be denied to any premises, which is within
20 five hundred feet of three or more existing premises licensed and oper-
21 ating pursuant to this section and sections sixty-four-a, sixty-four-b,
22 sixty-four-c, and/or sixty-four-d of this article, at which a license
23 under this chapter has been in existence continuously on or prior to
24 November first, nineteen hundred ninety-three; and except that this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15401-01-4
A. 10122 2
1 subdivision shall not be deemed to restrict the issuance of a hotel
2 liquor license to a building used as a hotel and in which a restaurant
3 liquor license currently exists for premises which serve as a dining
4 room for guests of the hotel.
5 (c) Within the context of this subdivision, the word "entrance" shall
6 mean a door of a premises licensed and operating pursuant to this
7 section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or
8 sixty-four-d of this article or of the premises sought to be licensed,
9 regularly used to give ingress to patrons or guests of the premises
10 licensed and operating pursuant to this section and sections
11 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
12 article or of the premises sought to be licensed, except that where
13 premises licensed and operating pursuant to this section and sections
14 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
15 article or the premises sought to be licensed is set back from a public
16 thoroughfare, the walkway or stairs leading to any such door shall be
17 deemed an entrance; and the measurement shall be taken to the center of
18 the walkway or stairs at the point where it meets the building line or
19 public thoroughfare. A door which has no exterior hardware, or which is
20 used solely as an emergency or fire exit, or for maintenance purposes,
21 or which leads directly to a part of a building not regularly used by
22 the general public or patrons, is not deemed an "entrance".
23 (d) Notwithstanding the provisions of paragraph (a) of this subdivi-
24 sion, the authority may issue a license pursuant to this section for a
25 premises which shall be within five hundred feet of three or more exist-
26 ing premises licensed and operating pursuant to this section and
27 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
28 of this article if, after consultation with the municipality or communi-
29 ty board, it determines that granting such license would be in the
30 public interest. Before it may issue any such license, the authority
31 shall conduct a hearing, upon notice to the applicant and the munici-
32 pality or community board, and shall state and file in its office its
33 reasons therefor. The hearing may be rescheduled, adjourned or contin-
34 ued, and the authority shall give notice to the applicant and the muni-
35 cipality or community board of any such rescheduled, adjourned or
36 continued hearing. Before the authority issues any said license, the
37 authority or one or more of the commissioners thereof may, in addition
38 to the hearing required by this paragraph, also conduct a public meeting
39 regarding said license, upon notice to the applicant and the munici-
40 pality or community board. The public meeting may be rescheduled,
41 adjourned or continued, and the authority shall give notice to the
42 applicant and the municipality or community board of any such resched-
43 uled, adjourned or continued public meeting. Notice to the municipality
44 or community board shall mean written notice mailed by the authority to
45 such municipality or community board at least fifteen days in advance of
46 any hearing scheduled pursuant to this paragraph. Upon the request of
47 the authority, any municipality or community board may waive the fifteen
48 day notice requirement. No premises having been granted a license pursu-
49 ant to this section shall be denied a renewal of such license upon the
50 grounds that such premises are within five hundred feet of a building or
51 buildings wherein three or more premises are licensed and operating
52 pursuant to this section and sections sixty-four-a, sixty-four-b,
53 sixty-four-c, and/or sixty-four-d of this article.
54 § 2. This act shall take effect immediately.
