NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1934A
SPONSOR: Maher 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 certain buildings
PURPOSE:
To amend the Alcoholic Beverage Control Law by enabling an establishment
located within two-hundred feet of a church to be eligible to apply for
a liquor license from the NYS Liquor Authority within the village of
Walden.
SUMMARY OF PROVISIONS:
Section 1: Subdivision 7 of section 64 of the alcoholic beverage control
law is amended by adding a new paragraph (e-18) to authorize the issuing
of a retail license for on-premises consumption for a premises which
shall be located within two hundred feet of a building occupied as a
church, synagogue or other place of worship, provided such premises
constitute a premises for the sale of food or beverages at retail for
consumption on the premises located wholly within the boundaries of
Saratoga County.
S 2: establishes the effective date
JUSTIFICATION:
This bill will allow the restaurant/bar located at 73 W. Main Street,
Walden, NY to be issued a retail liquor license despite being within 200
feet of St Andrew's Episcopal Church. The restaurant/bar will help to
bring jobs and revenue to the village of Walden.
LEGISLATIVE HISTORY:
2023-24: A.10534
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This legislation will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1934--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Economic Development -- reference changed to the Committee on Ways
and Means -- recommitted to the Committee on Ways and Means in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 certain buildings
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-18) to read as
3 follows:
4 (e-18) 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 as a church, synagogue or other place of
8 worship, provided such premises constitutes a premises for the sale of
9 food or beverages at retail for consumption on the premises located
10 wholly within the boundaries of the county of Orange, bounded and
11 described as follows:
12 All that certain tract, piece or parcel of land, situate, lying and
13 being in the village of Walden, town of Montgomery, county of Orange and
14 state of New York, bounded and described as follows:
15 Commencing at the intersection of the southernly line of West Main St-
16 reet with the westerly line of Walnut Street at the point forty one
17 degrees, thirty three minutes, thirty eight point five seconds North and
18 seventy four degrees, eleven minutes, twenty four point two seconds West
19 (41°33'38.5" N, 74°11'24.2" W);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04968-02-6
A. 1934--A 2
1 Running thence southernly along the westerly side of Walnut Street ni-
2 nety (90') feet more or less to the point forty one degrees, thirty
3 three minutes, thirty seven point sixty five seconds North and seventy
4 four degrees, eleven minutes, twenty four point two seconds West
5 (41°33'37.65" N, 74°11'24.2" W);
6 Thence westerly parallel with West Main Street fifty nine (59') feet
7 more or less to the point forty one degrees, thirty three minutes, thir-
8 ty seven point sixty five seconds North and seventy four degrees, eleven
9 minutes, twenty four point nine seconds West (41°33'37.65" N,
10 74°11'24.9" W);
11 Thence northerly parallel with Walnut Street ninety (90') feet more or
12 less to the point forty one degrees, thirty three minutes, thirty eight
13 point five seconds North and seventy four degrees, eleven minutes, twen-
14 ty five West (41°33'37.65" N, 74°11'25" W);
15 Thence easterly along the southerly side of West Main Street fifty
16 nine (59') feet more or less to the corner, the point or place of begin-
17 ning. Said premises known as 79 West Main Street, Walden, New York.
18 Being and intended to be the same premises described in a deed from
19 Wolfe Myrna to Godinez Reinaldo dated January 9th, 2023 and recorded
20 with the Orange County Clerk's Office on February 24th, 2023, Document
21 Number 15384-1710.
22 § 2. This act shall take effect immediately.
