Authorizes the state liquor authority to issue licenses to new premises for the sale of liquor where such premises is located within two hundred feet of a place of worship and such place of worship has given approval, or where three or more such premises exist in counties of a certain population.
STATE OF NEW YORK
________________________________________________________________________
5387
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the liquor authority to issue licenses to new premises for
the sale of liquor where such premises is within two hundred feet of a
place of worship, or where three or more such premises already exist
in counties of a certain population
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (f) of subdivision 7 of section 64
2 of the alcoholic beverage control law, paragraphs (a) and (b) as amended
3 by chapter 463 of the laws of 2009 and paragraph (f) as amended by chap-
4 ter 185 of the laws of 2012, are amended to read as follows:
5 (a) on the same street or avenue and within two hundred feet of a
6 building occupied exclusively as a school, church, synagogue or other
7 place of worship; provided, however, that the authority may issue a
8 retail license for on-premises consumption for a premises that is within
9 two hundred feet of a building occupied exclusively as a school, church,
10 synagogue or other place of worship if the owner or administrator of
11 such school, church, synagogue or other place of worship affirmatively
12 states support for the issuance of such a license; or
13 (b) in a [city, town or village having a population of twenty thousand
14 or more] county having a population between one million six hundred
15 thousand and one million seven hundred thousand as of the two thousand
16 twenty census as conducted by the United States department of commerce
17 within five hundred feet of three or more existing premises licensed and
18 operating pursuant to this section and sections sixty-four-a, sixty-
19 four-b, sixty-four-c, and/or sixty-four-d of this article;
20 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
21 sion, in a county having a population between one million six hundred
22 thousand and one million seven hundred thousand as of the two thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08167-01-5
A. 5387 2
1 twenty census as conducted by the United States department of commerce,
2 the authority may issue a license pursuant to this section for a prem-
3 ises which shall be within five hundred feet of three or more existing
4 premises licensed and operating pursuant to this section and sections
5 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
6 article if, after consultation with the municipality or community board,
7 it determines that granting such license would be in the public inter-
8 est. Before it may issue any such license, the authority shall conduct a
9 hearing, upon notice to the applicant and the municipality or community
10 board, and shall state and file in its office its reasons therefor. The
11 hearing may be rescheduled, adjourned or continued, and the authority
12 shall give notice to the applicant and the municipality or community
13 board of any such rescheduled, adjourned or continued hearing. Before
14 the authority issues any said license, the authority or one or more of
15 the commissioners thereof may, in addition to the hearing required by
16 this paragraph, also conduct a public meeting regarding said license,
17 upon notice to the applicant and the municipality or community board.
18 The public meeting may be rescheduled, adjourned or continued, and the
19 authority shall give notice to the applicant and the municipality or
20 community board of any such rescheduled, adjourned or continued public
21 meeting. Notice to the municipality or community board shall mean writ-
22 ten notice mailed by the authority to such municipality or community
23 board at least fifteen days in advance of any hearing scheduled pursuant
24 to this paragraph. Upon the request of the authority, any municipality
25 or community board may waive the fifteen day notice requirement. No
26 premises having been granted a license pursuant to this section shall be
27 denied a renewal of such license upon the grounds that such premises are
28 within five hundred feet of a building or buildings wherein three or
29 more premises are licensed and operating pursuant to this section and
30 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
31 of this article.
32 § 2. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (d) of
33 subdivision 7 of section 64-a of the alcoholic beverage control law,
34 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
35 the laws of 2009 and paragraph (d) as amended by chapter 185 of the laws
36 of 2012, are amended to read as follows:
37 (i) on the same street or avenue and within two hundred feet of a
38 building occupied exclusively as a school, church, synagogue or other
39 place of worship; provided, however, that the authority may issue a
40 retail license for on-premises consumption for a premises that is within
41 two hundred feet of a building occupied exclusively as a school, church,
42 synagogue or other place of worship if the owner or administrator of
43 such school, church, synagogue or other place of worship affirmatively
44 states support for the issuance of such a license; or
45 (ii) in a [city, town or village having a population of twenty thou-
46 sand or more] county having a population between one million six hundred
47 thousand and one million seven hundred thousand as of the two thousand
48 twenty census as conducted by the United States department of commerce
49 within five hundred feet of three or more existing premises licensed and
50 operating pursuant to this section and sections sixty-four,
51 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
52 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
53 (a) of this subdivision, in a county having a population between one
54 million six hundred thousand and one million seven hundred thousand as
55 of the two thousand twenty census as conducted by the United States
56 department of commerce, the authority may issue a license pursuant to
A. 5387 3
1 this section for a premises which shall be within five hundred feet of
2 three or more existing premises licensed and operating pursuant to this
3 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
4 sixty-four-d of this article if, after consultation with the munici-
5 pality or community board, it determines that granting such license
6 would be in the public interest. Before it may issue any such license,
7 the authority shall conduct a hearing, upon notice to the applicant and
8 the municipality or community board, and shall state and file in its
9 office its reasons therefor. Notice to the municipality or community
10 board shall mean written notice mailed by the authority to such munici-
11 pality or community board at least fifteen days in advance of any hear-
12 ing scheduled pursuant to this paragraph. Upon the request of the
13 authority, any municipality or community board may waive the fifteen day
14 notice requirement. The hearing may be rescheduled, adjourned or contin-
15 ued, and the authority shall give notice to the applicant and the muni-
16 cipality or community board of any such rescheduled, adjourned or
17 continued hearing. Before the authority issues any said license, the
18 authority or one or more of the commissioners thereof may, in addition
19 to the hearing required by this paragraph, also conduct a public meeting
20 regarding said license, upon notice to the applicant and the munici-
21 pality or community board. The public meeting may be rescheduled,
22 adjourned or continued, and the authority shall give notice to the
23 applicant and the municipality or community board of any such resched-
24 uled, adjourned or continued public meeting. No premises having been
25 granted a license pursuant to this section shall be denied a renewal of
26 such license upon the grounds that such premises are within five hundred
27 feet of a building or buildings wherein three or more premises are
28 licensed and operating pursuant to this section and sections sixty-four,
29 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
30 § 3. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of
31 subdivision 5 of section 64-b of the alcoholic beverage control law,
32 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
33 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws
34 of 2012, are amended to read as follows:
35 (i) on the same street or avenue and within two hundred feet of a
36 building occupied exclusively as a school, church, synagogue or other
37 place of worship; provided, however, that the authority may issue a
38 retail license for on-premises consumption for a premises that is within
39 two hundred feet of a building occupied exclusively as a school, church,
40 synagogue or other place of worship if the owner or administrator of
41 such school, church, synagogue or other place of worship affirmatively
42 states support for the issuance of such a license; or
43 (ii) in a [city, town or village having a population of twenty thou-
44 sand or more] county having a population between one million six hundred
45 thousand and one million seven hundred thousand as of the two thousand
46 twenty census as conducted by the United States department of commerce
47 within five hundred feet of three or more existing premises licensed and
48 operating pursuant to this section and sections sixty-four,
49 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
50 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
51 (a) of this subdivision, in a county having a population between one
52 million six hundred thousand and one million seven hundred thousand as
53 of the two thousand twenty census as conducted by the United States
54 department of commerce, the authority may issue a license pursuant to
55 this section for a premises which shall be within five hundred feet of
56 three or more existing premises licensed and operating pursuant to this
A. 5387 4
1 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
2 sixty-four-d of this article if, after consultation with the munici-
3 pality or community board, it determines that granting such license
4 would be in the public interest. Before it may issue any such license,
5 the authority shall conduct a hearing, upon notice to the applicant and
6 the municipality or community board, and shall state and file in its
7 office its reasons therefor. The hearing may be rescheduled, adjourned
8 or continued, and the authority shall give notice to the applicant and
9 the municipality or community board of any such rescheduled, adjourned
10 or continued hearing. Before the authority issues any said license, the
11 authority or one or more of the commissioners thereof may, in addition
12 to the hearing required by this paragraph, also conduct a public meeting
13 regarding said license, upon notice to the applicant and the munici-
14 pality or community board. The public meeting may be rescheduled,
15 adjourned or continued, and the authority shall give notice to the
16 applicant and the municipality or community board of any such resched-
17 uled, adjourned or continued public meeting. Notice to the municipality
18 or community board shall mean written notice mailed by the authority to
19 such municipality or community board at least fifteen days in advance of
20 any hearing scheduled pursuant to this paragraph. Upon the request of
21 the authority, any municipality or community board may waive the fifteen
22 day notice requirement. No premises having been granted a license pursu-
23 ant to this section shall be denied a renewal of such license upon the
24 grounds that such premises are within five hundred feet of a building or
25 buildings wherein three or more premises are licensed and operating
26 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
27 four-c, and/or sixty-four-d of this article.
28 § 4. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of
29 subdivision 11 of section 64-c of the alcoholic beverage control law,
30 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
31 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws
32 of 2012, are amended to read as follows:
33 (i) on the same street or avenue and within two hundred feet of a
34 building occupied exclusively as a school, church, synagogue or other
35 place of worship; provided, however, that the authority may issue a
36 retail license for on-premises consumption for a premises that is within
37 two hundred feet of a building occupied exclusively as a school, church,
38 synagogue or other place of worship if the owner or administrator of
39 such school, church, synagogue or other place of worship affirmatively
40 states support for the issuance of such a license; or
41 (ii) in a [city, town or village having a population of twenty thou-
42 sand or more] county having a population between one million six hundred
43 thousand and one million seven hundred thousand as of the two thousand
44 twenty census as conducted by the United States department of commerce
45 within five hundred feet of three or more existing premises licensed and
46 operating pursuant to the provisions of this section or sections sixty-
47 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
48 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
49 (a) of this subdivision, in a county having a population between one
50 million six hundred thousand and one million seven hundred thousand as
51 of the two thousand twenty census as conducted by the United States
52 department of commerce, the authority may issue a license pursuant to
53 this section for a premises which shall be within five hundred feet of
54 three or more existing premises licensed and operating pursuant to this
55 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
56 sixty-four-d of this article if, after consultation with the munici-
A. 5387 5
1 pality or community board, it determines that granting such license
2 would be in the public interest. Before it may issue any such license,
3 the authority shall conduct a hearing, upon notice to the applicant and
4 the municipality or community board, and shall state and file in its
5 office its reasons therefor. The hearing may be rescheduled, adjourned
6 or continued, and the authority shall give notice to the applicant and
7 the municipality or community board of any such rescheduled, adjourned
8 or continued hearing. Before the authority issues any said license, the
9 authority or one or more of the commissioners thereof may, in addition
10 to the hearing required by this paragraph, also conduct a public meeting
11 regarding said license, upon notice to the applicant and the munici-
12 pality or community board. The public meeting may be rescheduled,
13 adjourned or continued, and the authority shall give notice to the
14 applicant and the municipality or community board of any such resched-
15 uled, adjourned or continued public meeting. Notice to the municipality
16 or community board shall mean written notice mailed by the authority to
17 such municipality or community board at least fifteen days in advance of
18 any hearing scheduled pursuant to this paragraph. Upon the request of
19 the authority, any municipality or community board may waive the fifteen
20 day notice requirement. No premises having been granted a license pursu-
21 ant to this section shall be denied a renewal of such license upon the
22 grounds that such premises are within five hundred feet of a building or
23 buildings wherein three or more premises are operating and licensed
24 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
25 four-b and/or sixty-four-d of this article.
26 § 5. Paragraphs (a), (b) and (e) of subdivision 8 of section 64-d of
27 the alcoholic beverage control law, paragraphs (a) and (b) as amended by
28 chapter 463 of the laws of 2009 and paragraph (e) as amended by chapter
29 185 of the laws of 2012, are amended to read as follows:
30 (a) on the same street or avenue and within two hundred feet of a
31 building occupied exclusively as a school, church, synagogue or other
32 place of worship; provided, however, that the authority may issue a
33 retail license for on-premises consumption for a premises that is within
34 two hundred feet of a building occupied exclusively as a school, church,
35 synagogue or other place of worship if the owner or administrator of
36 such school, church, synagogue or other place of worship affirmatively
37 states support for the issuance of such a license; or
38 (b) in a [city, town or village having a population of twenty thousand
39 or more] county having a population between one million six hundred
40 thousand and one million seven hundred thousand as of the two thousand
41 twenty census as conducted by the United States department of commerce
42 within five hundred feet of an existing premises licensed and operating
43 pursuant to the provisions of this section, or within five hundred feet
44 of three or more existing premises licensed and operating pursuant to
45 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or
46 sixty-four-c of this article.
47 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
48 sion, in a county having a population between one million six hundred
49 thousand and one million seven hundred thousand as of the two thousand
50 twenty census as conducted by the United States department of commerce,
51 the authority may issue a license pursuant to this section for a prem-
52 ises which shall be within five hundred feet of an existing premises
53 licensed and operating pursuant to the provisions of this section or
54 within five hundred feet of three or more existing premises licensed and
55 operating pursuant to this section and sections sixty-four,
56 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
A. 5387 6
1 after consultation with the municipality or community board, it deter-
2 mines that granting such license would be in the public interest.
3 Before it may issue any such license, the authority shall conduct a
4 hearing, upon notice to the applicant and the municipality or community
5 board, and shall state and file in its office its reasons therefor. The
6 hearing may be rescheduled, adjourned or continued, and the authority
7 shall give notice to the applicant and the municipality or community
8 board of any such rescheduled, adjourned or continued hearing. Before
9 the authority issues any said license, the authority or one or more of
10 the commissioners thereof may, in addition to the hearing required by
11 this paragraph, also conduct a public meeting regarding said license,
12 upon notice to the applicant and the municipality or community board.
13 The public meeting may be rescheduled, adjourned or continued, and the
14 authority shall give notice to the applicant and the municipality or
15 community board of any such rescheduled, adjourned or continued public
16 meeting. Notice to the municipality or community board shall mean writ-
17 ten notice mailed by the authority to such municipality or community
18 board at least fifteen days in advance of any hearing scheduled pursuant
19 to this paragraph. Upon the request of the authority, any municipality
20 or community board may waive the fifteen day notice requirement. No
21 premises having been granted a license pursuant to this section shall be
22 denied a renewal of such license upon the grounds that such premises are
23 within five hundred feet of an existing premises licensed and operating
24 pursuant to the provisions of this section or within five hundred feet
25 of a building or buildings wherein three or more premises are licensed
26 and operating pursuant to this section and sections sixty-four, sixty-
27 four-a, sixty-four-b, and/or sixty-four-c of this article.
28 § 6. This act shall take effect immediately.
