A03735 Summary:

BILL NO    A03735 

SAME AS    No Same as 

SPONSOR    Lentol

COSPNSR    

MLTSPNSR   

Amd S64, ABC L

Extends the size of areas for which granting on-premises retail licenses is
restricted: extends from 200 feet to 350 feet the area around certain listed
buildings (i.e., any building occupied exclusively as a school, church,
synagogue or other place of worship) in which a retail license for on-premises
consumption may not be granted, and adds community center and senior centers to
list of protected buildings around which such licenses are so restricted; for
cities, towns and villages of 20,000 or more, increases the distance from 3 or
more existing premises for which a license for a premises cannot be granted
except under certain limited specified circumstances (i.e., changes current
rule that a retail license for on-premises consumption shall not be granted for
a premises that is within 500 feet of 3 or more existing premises, to provide
that a retail license for on-premises consumption shall not be granted for a
premises that is within 650 feet of 3 or more existing premises); provides that
with respect to the limited, specified circumstances under which a license may
be granted for a premises located within 650 feet of 3 or more of existing
premises, an on-site visit by the authority to investigate the premises seeking
the license and the surrounding neighborhood is required.
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A03735 Actions:

BILL NO    A03735 

01/27/2015 referred to economic development
01/06/2016 referred to economic development
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A03735 Votes:

There are no votes for this bill in this legislative session.
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A03735 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3735
 
SPONSOR: Lentol
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the granting of retail licenses for on-premises consumption   PURPOSE OR GENERAL IDEA OF BILL: This bill would extend the areas surrounding community centers, senior citizen centers and places of worship in which retail licenses for on-premises consumption may not be granted, and would require the Liquor Authority to make an on-site visit to investigate the premises and surrounding neighborhood when issuing a liquor license.   SUMMARY OF SPECIFIC PROVISIONS: 1. Subdivision 7 of section 64 of the Alcoholic Beverage Control Law, as amended by chapter 463 of the laws of 2009, paragraph (e-4) as added by chapter 421 of the laws of 2012 and paragraph (e-5) as amended by chap- ter 192 of the laws of 2013,and paragraph e-6 as added by chapter 100 of the laws of 2014, and paragraph (f) as amended by chapter 185 of the laws of 2012 is amended.   JUSTIFICATION: The over-saturation of predominantly residential communities in New York City by late night bars and clubs has significantly lowered the quality of life for many New York City residents. Such over-saturation greatly decreases the quality of life by adversely affecting safety, traffic, parking and noise levels in the community. This measure seeks to address these problems by extending the areas surrounding community centers, senior citizen centers and places of worship in which retail licenses for on-premises liquor consumption may not be granted from 200 to 350 feet. It would also require the Liquor Authority to make an on-site visit to investigate any establishment seeking a liquor license when the establishment is located within six hundred and fifty feet - previously five hundred feet - of three or more operating liquor estab- lishments.   PRIOR LEGISLATIVE HISTORY: A.9213 of 2000 A.592 of 2001-02 A.111 of 2003-04 A.2067 of 2005-06 A.3246 of 2007-2008 A.6062 of 2009-10 A.1375 of 2011-12 A.3558 of 2013-14   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A03735 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3735
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Economic Development
 
        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          granting of retail licenses for on-premises consumption
 
          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, as amended by chapter 463 of the laws  of  2009,  paragraph
     3  (e-4)  as  added  by chapter 421 of the laws of 2012, paragraph (e-5) as
     4  added by chapter 110 of the laws of 2013, paragraph (e-5)  as  added  by
     5  chapter 192 of the laws of 2013, paragraph (e-6) as added by chapter 100
     6  of the laws of 2014, paragraph (e-6) as added by chapter 457 of the laws
     7  of  2014,  and  paragraph  (f)  as amended by chapter 185 of the laws of
     8  2012, is amended to read as follows:
     9    7. No retail license for on-premises consumption shall be granted  for
    10  any premises which shall be
    11    (a)  on the same street or avenue and within [two] three hundred fifty
    12  feet of a building occupied exclusively as a school,  community  center,
    13  senior citizens' center, church, synagogue or other place of worship or
    14    (b)  in a city, town or village having a population of twenty thousand
    15  or more within [five] six hundred fifty feet of three or  more  existing
    16  premises  licensed  and  operating pursuant to this section and sections
    17  sixty-four-a, sixty-four-b, sixty-four-c, and/or  sixty-four-d  of  this
    18  article;
    19    (c) the measurements in paragraphs (a) and (b) of this subdivision are
    20  to be taken in straight lines from the center of the nearest entrance of
    21  the premises sought to be licensed to the center of the nearest entrance
    22  of such school, community center, senior citizens' center, church, syna-
    23  gogue or other place of worship or to the center of the nearest entrance
    24  of  each  such  premises licensed and operating pursuant to this section
    25  and sections sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or  sixty-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01554-02-5

        A. 3735                             2
 
     1  four-d  of  this article; except, however, that no renewal license shall
     2  be denied because of such restriction to any premises so  located  which
     3  were maintained as a bona fide hotel, restaurant, catering establishment
     4  or  club  on  or prior to December fifth, nineteen hundred thirty-three;
     5  and, except that no license shall be denied to any premises at  which  a
     6  license  under  this  chapter  has been in existence continuously from a
     7  date prior to the date when a building on the same street or avenue  and
     8  within  two  hundred feet of said premises has been occupied exclusively
     9  as a school, community center, senior citizens'  center,  church,  syna-
    10  gogue  or  other  place  of worship; and except that no license shall be
    11  denied to any premises, which is within five hundred feet  of  three  or
    12  more  existing  premises licensed and operating pursuant to this section
    13  and sections sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or  sixty-
    14  four-d  of  this article, at which a license under this chapter has been
    15  in existence continuously  on  or  prior  to  November  first,  nineteen
    16  hundred  ninety-three;  and  except  that  this subdivision shall not be
    17  deemed to restrict the issuance of a hotel liquor license to a  building
    18  used  as  a  hotel  and  in  which a restaurant liquor license currently
    19  exists for premises which serve as a dining room for guests of the hotel
    20  and a caterer's license to a person using the permanent catering facili-
    21  ties of a church, synagogue or other place  of  worship  pursuant  to  a
    22  written  agreement  between such person and the authorities in charge of
    23  such facilities. The liquor authority, in its discretion, may  authorize
    24  the removal of any such licensed premises to a different location on the
    25  same street or avenue, within two hundred feet of said school, community
    26  center,  senior  citizens'  center,  church, synagogue or other place of
    27  worship, provided that such new location is not within a closer distance
    28  to such school, church, synagogue or other place of worship.
    29    (d) Within the context of this subdivision, the word "entrance"  shall
    30  mean  a  door  of a school, of a community center, of a senior citizens'
    31  center, of a house of worship, or of  premises  licensed  and  operating
    32  pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
    33  sixty-four-c, and/or sixty-four-d of this article  or  of  the  premises
    34  sought to be licensed, regularly used to give ingress to students of the
    35  school,  to  the  general public visiting the community center or senior
    36  citizens' center, to the general public attending the place of  worship,
    37  and to patrons or guests of the premises licensed and operating pursuant
    38  to  this  section and sections sixty-four-a, sixty-four-b, sixty-four-c,
    39  and/or sixty-four-d of this article or of  the  premises  sought  to  be
    40  licensed,  except  that  where  a school or house of worship or premises
    41  licensed  and  operating  pursuant  to   this   section   and   sections
    42  sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or sixty-four-d of this
    43  article or the premises sought to be licensed is set back from a  public
    44  thoroughfare,  the  walkway  or stairs leading to any such door shall be
    45  deemed an entrance; and the measurement shall be taken to the center  of
    46  the  walkway  or stairs at the point where it meets the building line or
    47  public thoroughfare. A door which has no exterior hardware, or which  is
    48  used  solely  as an emergency or fire exit, or for maintenance purposes,
    49  or which leads directly to a part of a building not  regularly  used  by
    50  the general public or patrons, is not deemed an "entrance".
    51    (d-1) Within the context of this subdivision, a building occupied as a
    52  place  of worship does not cease to be "exclusively" occupied as a place
    53  of worship by incidental uses that are not of a nature to  detract  from
    54  the  predominant  character  of the building as a place of worship, such
    55  uses which include, but which are not limited to: the conduct of legally
    56  authorized games of bingo or other games of chance held as  a  means  of

        A. 3735                             3
 
     1  raising  funds  for  the  not-for-profit  religious  organization  which
     2  conducts services at the place of worship or  for  other  not-for-profit
     3  organizations  or  groups; use of the building for fund-raising perform-
     4  ances  by or benefitting the not-for-profit religious organization which
     5  conducts services at the place of worship or other not-for-profit organ-
     6  izations or groups; the use of the building by other religious organiza-
     7  tions or groups for religious services or other purposes; the conduct of
     8  social activities by or for the benefit of the congregants; the  use  of
     9  the  building  for  meetings  held  by organizations or groups providing
    10  bereavement counseling to persons having suffered the loss  of  a  loved
    11  one,  or  providing advice or support for conditions or diseases includ-
    12  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
    13  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
    14  building for blood drives, health screenings, health  information  meet-
    15  ings,  yoga  classes,  exercise  classes or other activities intended to
    16  promote the health of the congregants or other persons; and use  of  the
    17  building  by  non-congregant members of the community for private social
    18  functions. The building occupied as a place of worship does not cease to
    19  be "exclusively" occupied as a place of worship where the not-for-profit
    20  religious organization  occupying  the  place  of  worship  accepts  the
    21  payment  of  funds to defray costs related to another party's use of the
    22  building.
    23    (e) Notwithstanding the provisions of this chapter  to  the  contrary,
    24  the  authority  may  issue  a  license  to  sell  liquor at retail to be
    25  consumed on premises to a club as such term is  defined  in  subdivision
    26  nine  of  section  three  of this chapter whether or not the building in
    27  which the premises for which such license is to be issued is used exclu-
    28  sively for club purposes and whether or  not  such  premises  is  within
    29  [two]  three  hundred  fifty  feet  of  a building used exclusively as a
    30  school, community center, senior citizens' center, church, synagogue  or
    31  place  of  worship  if  such  club is affiliated or associated with such
    32  school, community center, senior citizens' center, church, synagogue  or
    33  place  of  worship  and  the  governing  body  of such school, community
    34  center, senior citizens' center, church, synagogue  or  other  place  of
    35  worship  has  filed  written  notice  with  the authority that it has no
    36  objection to the issuance of such license.
    37    (e-1) Notwithstanding the provisions of paragraph (a) of this subdivi-
    38  sion, the authority may issue a retail license for on-premises  consump-
    39  tion for a premises which shall be within two hundred feet of a building
    40  occupied  exclusively  as a church, synagogue or other place of worship,
    41  provided such premises constitutes a premises for the sale  of  food  or
    42  beverages  at retail for consumption on the premises and/or an overnight
    43  lodging facility located wholly within the boundaries of the borough  of
    44  Manhattan  in  the city and county of New York, bounded and described as
    45  follows:
    46    BEGINNING at a point on the southerly side of 49th Street, distant 160
    47  feet easterly from the corner formed by the intersection of the souther-
    48  ly side of 49th Street with the easterly side  of  8th  Avenue;  running
    49  thence  southerly,  parallel  with  8th  Avenue and part of the distance
    50  through a party wall, 100 feet 5 inches to the center line of the  block
    51  between  48th and 49th Streets; thence easterly along the center line of
    52  the block, 40 feet; thence northerly, parallel with 8th Avenue and  part
    53  of the distance through a party wall, 100 feet 5 inches to the southerly
    54  side  of  49th  Street; thence westerly along the southerly side of 49th
    55  Street, 40 feet to the point or place of beginning.  Premises  known  as
    56  240  and  242  West  49th Street, New York City. Being the same premises

        A. 3735                             4
 
     1  described in deed made by Hotel Mayfair Inc. to Harry  Etkin  and  Freda
     2  Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250.
     3    (e-2) Notwithstanding the provisions of paragraph (a) of this subdivi-
     4  sion,  the authority may issue a retail license for on-premises consump-
     5  tion for a premises which shall be within two hundred feet of a building
     6  occupied exclusively as a church, synagogue or other place  of  worship,
     7  provided  such  premises  constitutes a premises for the sale of food or
     8  beverages at retail for consumption on the premises located wholly with-
     9  in the boundaries of the county of  Ulster,  bounded  and  described  as
    10  follows:
    11    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    12  improvements  erected  thereon,  situated  in the Village of Ellenville,
    13  Town of Wawarsing, County of Ulster and State of New York, being further
    14  bounded and described as follows:
    15    Beginning at a three-quarter inch  diameter  iron  rod  found  on  the
    16  southwesterly  bounds  of Canal Street, marking the northeasterly corner
    17  of the lands, now or formerly, John Georges, as described in liber  2645
    18  of deeds at page 278.
    19    Thence  along  the  southeasterly bounds of the lands of John Georges,
    20  passing 1.42 feet northwesterly from the  southwesterly  corner  of  the
    21  building  situated  on  the premises described herein, South thirty-nine
    22  degrees, forty-one minutes, fifty-two seconds West,  one  hundred  fifty
    23  and  zero  hundredths  feet (S 39-41-52 W, 150.00') to the northeasterly
    24  bounds of the lands, now or formerly, Thomas  Powers,  as  described  in
    25  liber  1521  of deeds at page 749. Thence along the northeasterly bounds
    26  of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
    27  sixteen seconds East, twenty-eight and zero hundredths feet (S  50-39-16
    28  E, 28.00').
    29    Thence  passing  1.92 feet southeasterly from the southeasterly corner
    30  of the building situated on the premises described herein.  North  thir-
    31  ty-nine  degrees, forty-one minutes, fifty-two seconds East, one hundred
    32  fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the  southwes-
    33  terly bounds of Canal Street.
    34    Thence  along  the  southwesterly  bounds of Canal Street, North fifty
    35  degrees, thirty-nine minutes, sixteen  seconds  West,  twenty-eight  and
    36  zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
    37    Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
    38    Being  the  same  premises as conveyed by deed dated September 2, 1999
    39  from Chris M. Camio as Executor of the Last Will and Testament of  Alice
    40  Manzo  to  Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
    41  Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
    42  September 15, 1999 in Liber 2966 at page 291.
    43    The undivided interests of John Harris and Alfred S. Dannhauser having
    44  been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
    45  in the Ulster County Clerk's Office in Liber 3213 p 65.
    46    (e-3) Notwithstanding the provisions of paragraph (a) of this subdivi-
    47  sion, the authority may issue a retail license for on-premises  consump-
    48  tion for a premises which shall be within [two] three hundred fifty feet
    49  of  a  building occupied exclusively as a school, provided such premises
    50  constitutes a premises for the sale of food or beverages at  retail  for
    51  consumption on the premises and/or an overnight lodging facility located
    52  wholly within the boundaries of the borough of Manhattan in the city and
    53  county of New York, bounded and described as follows:
    54    Beginning  at  a  point  on the southerly side of 46th street, distant
    55  three hundred fifty (350) feet westerly from the corner  formed  by  the
    56  intersection of the westerly side of Sixth Avenue with the said souther-

        A. 3735                             5
 
     1  ly  side of 46th street. Running thence southerly parallel with the said
     2  westerly side of Sixth Avenue and for part of  the  distance  through  a
     3  party  wall,  one  hundred  (100)  feet four (4) inches; thence westerly
     4  parallel  with  the  southerly  side  of  46th street, eighty (80) feet;
     5  thence northerly again parallel with the westerly side of Sixth  Avenue,
     6  one  hundred  (100)  feet  four (4) inches to the southerly side of 46th
     7  street; and thence easterly  along  the  said  southerly  side  of  46th
     8  street,  eighty  (80)  feet to the point or place of beginning. Premises
     9  known as 130 West 46th Street, New York City. Being  the  same  premises
    10  described in deed made by Massachusetts Mutual Life Insurance Company to
    11  West  46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
    12  Office of the City Register, New York County, on  February  6,  2007  as
    13  CFRN 2007000069808.
    14    (e-4) Notwithstanding the provisions of paragraph (a) of this subdivi-
    15  sion,  the authority may issue a retail license for on-premises consump-
    16  tion for a premises which shall be located within two hundred feet of  a
    17  building  occupied  exclusively as a church, synagogue or other place of
    18  worship, provided such premises constitutes a premises for the  sale  of
    19  food  or  beverages  at  retail  for consumption on the premises located
    20  wholly within the boundaries  of  the  county  of  Ulster,  bounded  and
    21  described as follows:
    22    THOSE  THREE  BUILDING LOTS situate on the northeasterly side of Union
    23  Avenue in the city of Kingston,  between  Thomas  and  Cornell  Streets,
    24  known and distinguished upon a map of the property of the estate of said
    25  Thomas  Cornell made by B.B. Codwise, Civil Engineer, bearing date April
    26  11th, 1888, as lot five (5) six (6) and seven (7)  upon  said  map,  and
    27  bounded and described as follows:
    28    BEGINNING  at the west corner of lot seven which is also the corner of
    29  Cornell Street, where it intersects with Union  Avenue,  and  runs  from
    30  thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
    31  the  distance  of  one hundred and thirty-eight (138) feet, to the south
    32  bounds of lot (8) eight as laid down upon said map, thence along in  the
    33  south  bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear
    34  of lots seven, six and five (7, 6 & 5)  as  aforesaid  the  distance  of
    35  seventy-two  (72)  feet  to  a  lot of land owned by Max Oppenheimer and
    36  known on said map as lot four (4); thence in the division  line  between
    37  lot  four  and  five as laid down upon said map, south 48 degrees 10' W.
    38  one hundred and twenty-two (122) feet, and fifty-four  hundredths  of  a
    39  foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
    40  thence  along in said northeasterly bounds of said Union Avenue north 53
    41  degrees 57' west along the front of said lots five, six and seven (5,  6
    42  &  7)  the distance of seventy-three feet and sixty-five hundredths of a
    43  foot (73 65/100 feet) to the place of beginning;  and  a  part  of  said
    44  premises being a part of the same that was conveyed to Thomas Cornell by
    45  Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
    46  office  of  the  Clerk of Ulster County in book No. 204 of deeds at page
    47  403 March 6th, 1877, the balance of the property hereinbefore  described
    48  and  herein  intended  to  be conveyed was conveyed to Thomas Cornell by
    49  James E. Ostrander and wife by deed bearing date February 8th, 1869, and
    50  recorded in Ulster County Clerk's Office in book 175 of  deeds  at  page
    51  29, February 6th, 1872.
    52    (e-5) Notwithstanding the provisions of paragraph (a) of this subdivi-
    53  sion,  the authority may issue a retail license for on-premises consump-
    54  tion for a premises which shall be located within two hundred feet of  a
    55  building  occupied  exclusively  as  a  school,  provided  such premises
    56  constitute a premises for the sale of food or beverages  at  retail  for

        A. 3735                             6
 
     1  consumption  on the premises located wholly within the boundaries of the
     2  borough of Brooklyn in the county of Kings and the  city  of  New  York,
     3  bounded and described as follows:
     4    Beginning at a point on the westerly side of Washington Avenue distant
     5  636.45  feet  southerly  from  the intersection of the southerly side of
     6  Eastern Parkway and westerly side of Washington Avenue, said point being
     7  the point of beginning; Running thence southerly along the westerly side
     8  of Washington Avenue, a distance of 345.43 feet; thence  westerly  along
     9  the  line  forming  an  interior  angle  with  the previous course of 90
    10  degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence  north-
    11  erly  along  the line forming an interior angle with the previous course
    12  of 58 degrees 50 minutes 53 seconds, a distance of 123.94  feet;  Thence
    13  northerly  along  the  line  forming an exterior angle with the previous
    14  course of 159 degrees 18 minutes 33 seconds, a distance of  36.59  feet;
    15  Thence  northerly  along  the  line  forming  an exterior angle with the
    16  previous course of 169 degrees 36 minutes  23  seconds,  a  distance  of
    17  26.26  feet;  Thence  westerly  along the line forming an exterior angle
    18  with the previous course  of  123  degrees  49  minutes  33  seconds,  a
    19  distance  of  58.57 feet; Thence southwesterly along the line forming an
    20  exterior angle with the previous course of 129  degrees  53  minutes  13
    21  seconds, a distance of 108.38 feet; Thence westerly, a distance of 84.05
    22  feet  along a curve to the right, which has a radius of 192.59 feet, and
    23  having a central angle of 25 00'14";  Thence  westerly,  a  distance  of
    24  58.94  feet  along  a  curve  to the right, which has a radius of 181.42
    25  feet, and having a  central  angle  of  18 36'54".  Thence  westerly,  a
    26  distance  of  354.56  feet;  Thence  northerly along the line forming an
    27  interior angle with the previous course of  90  degrees  14  minutes  09
    28  seconds, a distance of 114.49 feet; Thence easterly along the line form-
    29  ing an exterior angle with the previous course of 286 degrees 53 minutes
    30  22  seconds,  a  distance  of  7.54 feet; Thence easterly along the line
    31  forming an interior angle with the previous course  of  195  degrees  07
    32  minutes 53 seconds, a distance of 159.88 feet; Thence easterly along the
    33  line  forming  an interior angle with the previous course of 193 degrees
    34  52 minutes 57 seconds, a distance of 161.51 feet; Thence westerly  along
    35  the  line  forming  an  interior  angle  with the previous course of 257
    36  degrees 31 minutes  43  seconds,  a  distance  of  116.17  feet;  Thence
    37  northeasterly,  a distance of 7.07 feet along a non-tangent curve to the
    38  right, having a radius of 4.50 feet, a central angle of 89 59'10" and  a
    39  chord  of 6.36 feet, which chord makes an interior angle with the previ-
    40  ous course of 135 degrees 01 minutes 12 seconds; Thence  easterly  along
    41  the  line  forming  an interior angle with the chord of the above-refer-
    42  enced curve of 135 degrees 01 minutes 17 seconds, a distance  of  135.59
    43  feet;  Thence  easterly,  a  distance  of 81.93 feet along a non-tangent
    44  curve to the left, having a radius of 272.93 feet, a  central  angle  of
    45  17 11'59" and a chord of 81.63 feet, which chord makes an interior angle
    46  with  the  previous  course of 186 degrees 52 minutes 37 seconds; Thence
    47  easterly along the line forming an interior angle with the chord of  the
    48  above-referenced  curve of 192 degrees 21 minutes 11 seconds, a distance
    49  of 38.24 feet; Thence easterly along the line forming an interior  angle
    50  with  the  previous  course  of  183  degrees  09  minutes 51 seconds, a
    51  distance of 21.53 feet to the point of beginning.
    52    [(e-5)] (e-6) Notwithstanding the provisions of paragraph (a) of  this
    53  subdivision,  the  authority  may issue a retail license for on-premises
    54  consumption for a premises which shall be  located  within  two  hundred
    55  feet  of a building occupied exclusively as a church, synagogue or other
    56  place of worship, provided such premises constitutes a premises for  the

        A. 3735                             7
 
     1  sale  of  food  or  beverages  at retail for consumption on the premises
     2  located wholly within the boundaries of the county of Kings, bounded and
     3  described as follows:
     4  ALL  that  certain plot, piece or parcel of land situate lying and being
     5  in the Borough of Brooklyn, County of Kings, City and State of New York,
     6  bounded and described as follows:
     7  BEGINNING at the corner formed by the intersection of the southerly side
     8  of Synder Avenue, with the easterly side of Bedford Avenue;
     9  THENCE easterly along the southerly side of Synder Avenue,  99  feet  10
    10  inches;
    11  THENCE  southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to
    12  the center line of Union Street, as shown on the Bergen Map;
    13  THENCE westerly along the center line of Union Street, as aforesaid,  99
    14  feet 10 inches to the easterly side of Bedford Avenue;
    15  THENCE  northerly along the easterly side of Bedford Avenue, 81 feet 1/8
    16  inches to the point or place of BEGINNING.
    17    [(e-6)] (e-7) Notwithstanding the provisions of paragraph (a) of  this
    18  subdivision,  the  authority  may issue a retail license for on-premises
    19  consumption for a premises which shall be  located  within  two  hundred
    20  feet  of  a  building  occupied as a church, synagogue or other place of
    21  worship, provided such premises constitute a premises for  the  sale  of
    22  food  or  beverages  at  retail  for consumption on the premises located
    23  wholly within the  boundaries  of  the  county  of  Kings,  bounded  and
    24  described as follows:
    25    BEGINNING  at  a  point on the northerly side of Grand Street, distant
    26  three hundred and nineteen feet  and  three  inches  easterly  from  the
    27  corner  formed by the intersection of the northerly of Grand Street with
    28  the easterly side of Berry  (formerly  Third)  Street,  which  point  of
    29  beginning is where a line drawn along the easterly wall of the house now
    30  or formerly owned by one Schaefer intersects the northerly side of Grand
    31  Street;  running  thence  northerly along the easterly wall of the house
    32  now or formerly owned by one Schaefer, seventy one feet and six  inches;
    33  thence  easterly  nearly  parallel  with Grand Street, eighteen feet and
    34  five inches; thence southerly, seventy feet  and  seven  inches  to  the
    35  northerly  side  of  Grand Street at a point, sixteen feet easterly from
    36  the point of beginning; thence westerly  along  the  northerly  side  of
    37  Grand Street, sixteen feet.
    38    [(e-6)]  (e-8) Notwithstanding the provisions of paragraph (a) of this
    39  subdivision, the authority may issue a retail  license  for  on-premises
    40  consumption for a premises provided such premises constitutes a premises
    41  for the sale of food or beverages at retail for consumption on the prem-
    42  ises located wholly within the boundaries of the borough of Manhattan in
    43  the city and county of New York, bounded and described as follows:
    44    BEGINNING  at  the  corner formed by the intersection of the southerly
    45  side of Fulton Street with the westerly side of Broadway;
    46    RUNNING THENCE southerly along the westerly side of Broadway, 78  feet
    47  11 1/2 inches to an angle point, in said westerly side of Broadway;
    48    THENCE  southerly still along the westerly side of Broadway, 75 feet 3
    49  inches to the corner formed by the intersection of the westerly side  of
    50  Broadway with the northerly side of Dey Street;
    51    THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4
    52  inches;
    53    THENCE  northerly  along  a  line which forms an angle on its westerly
    54  side with the northerly side of Dey Street of 91 degrees 21  minutes  50
    55  seconds, 77 feet 5 1/2 inches;

        A. 3735                             8
 
     1    THENCE  easterly  along  a  line which forms an angle on its southerly
     2  side with the last described course of 91 degrees 21 minutes 50 seconds,
     3  75 feet 4 5/8 inches;
     4    THENCE  northerly  along  a  line which forms an angle on its westerly
     5  side with the last described course of 91 degrees 00 minutes 00 seconds,
     6  77 feet 5 1/4 inches to the southerly side of Fulton Street;
     7    THENCE easterly along the southerly side of Fulton Street, 99  feet  8
     8  inches to an angle point on said southerly side of Fulton Street;
     9    THENCE  easterly  still along the southerly side of Fulton Street, 100
    10  feet 2 1/2 inches to the point or place of BEGINNING.
    11    TOGETHER with benefits and subject to  the  terms  contained  in  that
    12  certain  Easement  and  License  Agreement  dated  as  of April 20, 1993
    13  between Kalikow Fulton Church Realty Company and  195  Property  Company
    14  and recorded on May 10, 1993 in Reel 1969 page 1310.
    15    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    16  sion, the authority may issue a license pursuant to this section  for  a
    17  premises which shall be within [five] six hundred fifty feet of three or
    18  more  existing  premises licensed and operating pursuant to this section
    19  and sections sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or  sixty-
    20  four-d  of  this article if, after consultation with the municipality or
    21  community board, and an onsite visit to investigate the premises seeking
    22  the license and the surrounding neighborhood it determines that granting
    23  such license would be in the public interest. Before it  may  issue  any
    24  such  license, the authority shall conduct a hearing, upon notice to the
    25  applicant and the municipality or community board, and shall  state  and
    26  file in its office its reasons therefor. The hearing may be rescheduled,
    27  adjourned  or  continued,  and  the  authority  shall give notice to the
    28  applicant and the municipality or community board of any  such  resched-
    29  uled,  adjourned  or  continued hearing. Before the authority issues any
    30  said license, the authority or one or more of the commissioners  thereof
    31  may, in addition to the hearing required by this paragraph, also conduct
    32  a  public  meeting  regarding said license, upon notice to the applicant
    33  and the municipality or community  board.  The  public  meeting  may  be
    34  rescheduled, adjourned or continued, and the authority shall give notice
    35  to  the  applicant  and  the municipality or community board of any such
    36  rescheduled, adjourned or continued public meeting. Notice to the  muni-
    37  cipality  or  community  board  shall  mean written notice mailed by the
    38  authority to such municipality or community board at least fifteen  days
    39  in advance of any hearing scheduled pursuant to this paragraph. Upon the
    40  request  of the authority, any municipality or community board may waive
    41  the fifteen day notice requirement. No premises having  been  granted  a
    42  license  pursuant  to  this  section  shall  be denied a renewal of such
    43  license upon the grounds that such premises are within five hundred feet
    44  of a building or buildings wherein three or more premises  are  licensed
    45  and  operating  pursuant  to  this  section  and  sections sixty-four-a,
    46  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
    47    § 2. This act shall take effect immediately.
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