NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9032A
SPONSOR: Burdick TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to a
license to sell liquor at retail for consumption on certain premises
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow for an establishment on East Main
Street in the town of Mount Kisco to be able to obtain a retail license
for on-premises consumption even though it is located within two hundred
feet of a building occupied as a school or place of worship.
SUMMARY OF PROVISIONS:
Section 1 of.this bill amends subdivision 7 of section 64 of the alco-
holic beverage control law by adding a new paragraph (e-16) to authorize
the State Liquor Authority to issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied by a school, church, synagogue or other
place of worship, provided such premises constitute a premises located
within the Town and Village of Mount Kisco, County of Westchester.
Section 1 also describes the bounds of said property.
Section 2 of this bill establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This is a new bill.
JUSTIFICATION:
Subdivision 7 of Section 64 of the Alcoholic Beverage Control Law
states: "No retail license for on-premises consumption shall be granted
for any premises which shall be (a) 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." It is appropriate that
159 East Main Street be granted an exemption to the "200 Foot Rule",
which will allow a restaurant to thrive in this location.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
9032--A
IN ASSEMBLY
February 5, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee 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 a
license to sell liquor at retail for consumption on certain premises
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 or paragraph (a) of subdivision three of section one hundred five
6 of this chapter, the authority may issue retail licenses for a premises
7 which shall be within two hundred feet of a building occupied exclusive-
8 ly as a school, church, synagogue or other place of worship, provided
9 such premises constitutes a premises for the sale of food or beverages
10 within the Town and Village of Mount Kisco, County of Westchester and
11 State of New York at retail located wholly within the boundaries of the
12 bounded and described as follows:
13 BEGINNING at a point on the easterly side of East Main Street where
14 the same is intersected by the division line between the premises here-
15 inafter described and land now or formerly of Thresa Gonzales, Joan and
16 Peter DiPaolo,
17 RUNNING THENCE along said division line, North 87 degrees 4'20" East
18 157.41 feet to a point on the westerly side of land now or formerly of
19 Rilma Cabrebra,
20 THENCE along same, South 3 degrees 5'20" West 69.16 feet, and South 3
21 degrees 42'20" West 32.92 feet to a point on the northerly side of land
22 now or formerly of Main Street Prime Properties;
23 THENCE along the same, South 60 degrees 31'10" West 60.41 feet to a
24 point on the easterly side of land now or formerly of 159th East Main
25 Street Associate;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13928-02-4
A. 9032--A 2
1 THENCE along the easterly and northerly sides of said last mentioned
2 land, North 29 degrees 28'50" West 25 feet, and South 60 degrees 31'10"
3 West 67.58 feet to the easterly side of Main Street;
4 THENCE along the same the following courses and distances,
5 Northerly on a curve to the right, having a radius of 252.58 feet, a
6 distance of 0.48 feet, and northerly on a curve to the right, having a
7 radius of 350 feet, a distance of 82.81 feet, and North 7 degrees 26'40"
8 West 55.01 feet to the point of BEGINNING.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law. Effective immediately, the addition, amendment and/or
11 repeal of any rule or regulation necessary for the implementation of
12 this act on its effective date are authorized to be made and completed
13 on or before such effective date.
