NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11540
SPONSOR: Rules (Powers)
 
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 of a school
 
PURPOSE:
To amend the Alcoholic Beverage Control Law by enabling an establishment
located within two-hundred feet of a school to be eligible to apply for
a restaurant liquor license from the NYS Liquor Authority.
 
SUMMARY OF PROVISIONS:
This bill amends subdivision 7 of section 64 of the Alcoholic Beverage
Control Law by adding a new paragraph describing the metes and bounds of
the property at 120 E. 16" Street in Manhattan for purposes of exempting
such premises from the prohibition of holding a restaurant liquor
license within two-hundred feet of a school.
 
EXISTING LAW:
Section 64(7)(a) prohibits liquor licenses from being issued within
two-hundred feet of a school.
 
JUSTIFICATION:
33 Irving Place (also known as 120 East 16th Street) was formerly known
as the Crowne Building and is now known as the Mercantile Building. This
building has been unable to attract a restaurant tenant since 2020
because tenants are prohibited from obtaining a full liquor license at
this premise. This bill would allow a restaurant tenant to apply for a
full liquor license. A restaurant would create jobs as well as serving
both the building tenants and surrounding community. The building
borders Union square and is located steps away from numerous parks and
growing technology companies.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
This legislation will help generate sales, excise, and property tax
revenue.
 
EFFECTIVE DATE:
This legislation will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11540
IN ASSEMBLY
June 1, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Powers) --
read once and referred to the Committee on Economic Development
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 of a school
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 restaurant licenses for a premises which
6 shall be within two hundred feet of a building occupied exclusively as a
7 school, church, synagogue, or other place of worship, provided such
8 premises is being conducted as a restaurant located wholly within the
9 boundaries of the borough of Manhattan, city of New York, county of New
10 York, bounded and described as follows:
11 BEGINNING at the corner formed by the intersection of the southerly
12 side of 16th Street with the westerly side of Irving Place: running
13 thence westerly along the southerly side of 16th Street 100 feet; thence
14 southerly parallel with Irving Place 103 feet 3 inches to the center
15 line of the block; thence easterly along the center line of the block 20
16 feet; thence southerly parallel with the westerly side of Irving Place
17 40 feet 9 inches; thence easterly parallel with the southerly side of
18 16th Street and part of the way through a party wall 80 feet to the
19 westerly side of Irving Place; thence northerly along the westerly side
20 of Irving Place, 144 feet to the point or place of BEGINNING.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15993-01-6