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A10122 Summary:

BILL NOA10122
 
SAME ASNo Same As
 
SPONSORRaga
 
COSPNSR
 
MLTSPNSR
 
Rpld §64 sub 7, amd §64, ABC L
 
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.
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A10122 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10122
 
                   IN ASSEMBLY
 
                                       May 6, 2024
                                       ___________
 
        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     2  control law is REPEALED and a new subdivision 7  is  added  to  read  as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.
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