Amd ABC L, generally; amd §4, Chap 118 of 2012; amd §5, Chap 396 of 2010
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); authorizes special permits to remain open during certain hours of the morning (Part B); relates to permissible sales by license holders (Part C); allows multiple off-premises licenses (Part D); relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part E); relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part F); relates to changes of ownership of a licensed business (Part G); relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits (Part H); relates to licenses issued for on-premises consumption within a certain distance of a building occupied as a school, church, synagogue or other place of worship with consent of such building's owner or administrator (Part I); and permits licenses for premises located within five hundred feet of other premises outside of certain counties (Part J).
STATE OF NEW YORK
________________________________________________________________________
10416--A
IN ASSEMBLY
March 3, 2026
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend chapter 118 of the laws of 2012 amending the alcoholic
beverage control law relating to the powers of the chairman and
members of the authority, in relation to the effectiveness of certain
provisions thereof (Part A); to amend the alcoholic beverage control
law, in relation to authorizing special permits to remain open during
certain hours of the morning (Part B); to amend the alcoholic beverage
control law, in relation to permissible sales by license holders (Part
C); to amend the alcoholic beverage control law, in relation to allow-
ing multiple off-premises licenses (Part D); to amend the alcoholic
beverage control law, in relation to licensing restrictions for
manufacturers and wholesalers of alcoholic beverages and retail licen-
sees (Part E); to amend the alcoholic beverage control law, in
relation to the approval of seven day licenses to sell liquor at
retail for consumption off the premises (Part F); to amend the alco-
holic beverage control law, in relation to changes of ownership of a
licensed business (Part G); to amend the alcoholic beverage control
law, in relation to the issuance of temporary retail permits; and to
amend chapter 396 of the laws of 2010 amending the alcoholic beverage
control law relating to liquidator's permits and temporary retail
permits, in relation to the effectiveness thereof (Part H); to amend
the alcoholic beverage control law, in relation to licenses issued for
on-premises consumption within certain distances of a building occu-
pied as a school, church, synagogue or other place of worship with
consent of such building's owner or administrator (Part I); and to
amend the alcoholic beverage control law, in relation to permitting
licenses for premises located within five hundred feet of other prem-
ises outside of certain counties (Part J)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02017-04-6
A. 10416--A 2
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement certain provisions regarding licensing and sales
3 under the alcoholic beverage control law. Each component is wholly
4 contained within a Part identified as Parts A through J. The effective
5 date for each particular provision contained within such Part is set
6 forth in the last section of such Part. Any provision in any section
7 contained within a Part, including the effective date of the Part, which
8 makes a reference to a section "of this act", when used in connection
9 with that particular component, shall be deemed to mean and refer to the
10 corresponding section of the Part in which it is found. Section three of
11 this act sets forth the general effective date of this act.
12 PART A
13 Section 1. Section 4 of chapter 118 of the laws of 2012 amending the
14 alcoholic beverage control law relating to the powers of the chairman
15 and members of the authority, as amended by section 1 of part J of chap-
16 ter 55 of the laws of 2024, is amended to read as follows:
17 § 4. This act shall take effect immediately [and shall expire and be
18 deemed repealed fifteen years after such date].
19 § 2. This act shall take effect immediately.
20 PART B
21 Section 1. Subdivision 1 of section 99 of the alcoholic beverage
22 control law, as amended by section 22 of part Z of chapter 85 of the
23 laws of 2002, is amended to read as follows:
24 1. Any person licensed to sell alcoholic beverages for consumption on
25 the premises pursuant to this chapter may apply to the liquor authority
26 for a special permit [to remain open on any week day between the hours
27 of four o'clock a.m. or the closing hour prescribed by a rule adopted in
28 a county on or before April first, nineteen hundred ninety-five or
29 pursuant to subdivision eleven of section seventeen of this chapter, and
30 eight o'clock a.m]. A permit issued under this section shall authorize
31 the holder of a retail on-premises license to sell or serve alcoholic
32 beverages for consumption on the premises on the morning of January
33 first between four o'clock a.m. or such other hour that the sale of
34 alcoholic beverages for on-premises consumption must cease in the commu-
35 nity in which the licensed premises is located, and eight o'clock a.m.
36 The fee for such permit shall be fifty-one dollars per day.
37 § 2. This act shall take effect on the sixtieth day after it shall
38 have become a law. Effective immediately, the addition, amendment and/or
39 repeal of any rule or regulation necessary for the implementation of
40 this act on its effective date are authorized to be made and completed
41 on or before such effective date.
42 PART C
43 Section 1. Subdivision 4 of section 63 of the alcoholic beverage
44 control law, as amended by chapter 24 of the laws of 2024, is amended to
45 read as follows:
46 4. No licensee under this section shall be engaged in any other busi-
47 ness on the licensed premises. The sale of any of the following shall
48 not constitute engaging in another business within the meaning of this
49 subdivision:
A. 10416--A 3
1 (a) lottery tickets, when duly authorized and lawfully conducted[, the
2 sale of];
3 (b) reusable bags as defined in section 27-2801 of the environmental
4 conservation law[, the sale of];
5 (c) corkscrews [or the sale of];
6 (d) ice [or the sale of];
7 (e) publications, including prerecorded video and/or audio cassette
8 tapes, or educational seminars, designed to help educate consumers in
9 their knowledge and appreciation of alcoholic beverages, as defined in
10 section three of this chapter and allowed pursuant to their license[, or
11 the sale of];
12 (f) non-carbonated, non-flavored mineral waters, spring waters and
13 drinking waters [or the sale of];
14 (g) glasses designed for the consumption of wine or liquor, racks
15 designed for the storage of wine, and devices designed to minimize
16 oxidation in bottles of wine which have been uncorked[, or the sale of];
17 (h) gift bags, gift boxes, associated gift or promotional items, or
18 wrapping, for alcoholic beverages purchased at the licensed premises
19 [shall not constitute engaging in another business within the meaning of
20 this subdivision];
21 (i) tonic water;
22 (j) bitters;
23 (k) maraschino cherries; and
24 (l) dealcoholized wine.
25 Any fee obtained from the sale of an educational seminar shall not be
26 considered as a fee for any tasting that may be offered during an educa-
27 tional seminar, provided that such tastings are available to persons who
28 have not paid to attend the seminar and all tastings are conducted in
29 accordance with section sixty-three-a of this article. For the purposes
30 of this section, gift or promotional items shall only include those
31 items that are complimentary and directly associated with the sale of
32 wine or liquor they are promoting and shall mean: (i) items that are de
33 minimis in value, but in no instance shall merchandise be valued at more
34 than fifteen dollars in total; (ii) items that are imprinted with the
35 wine or liquor brand logo on the gift or promotional item; and (iii)
36 items that are included as part of a manufactured pre-sealed package
37 with the wine or liquor that is being gifted or promoted. Further, for
38 the purposes of this section, promotional items shall not include any
39 food, non-alcoholic beverage, or other drink or food mix, nor shall
40 these items be offered for sale to the general public as individual
41 items.
42 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
43 beverage control law, as amended by chapter 24 of the laws of 2024, is
44 amended to read as follows:
45 (a) No wholesaler shall be engaged in any other business on the prem-
46 ises to be licensed; except that nothing contained in this chapter
47 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or
48 selling non-alcoholic snack foods, as defined in paragraph (b) of this
49 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
50 holic carbonated beverages, (iii) manufacturing, storing or selling
51 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
52 drinking water, non-taxable malt or cereal beverages, juice drinks,
53 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen
54 beverage mixes, (iv) acquiring, storing or selling wine products, (v)
55 the sale of promotional items on such premises, or (vi) the sale of
56 tobacco products at retail by wholesalers who are licensed to sell beer
A. 10416--A 4
1 and other products at retail; (2) prohibit a wholesaler authorized to
2 sell wine from manufacturing, acquiring or selling wine merchandise, as
3 defined in paragraph (d) of this subdivision; (3) prohibit a licensed
4 winery or licensed farm winery from engaging in the business of a wine
5 wholesaler for New York state labeled wines produced by any licensed
6 winery or licensed farm winery or prohibit such wine wholesaler from
7 exercising any of its rights pursuant to sections seventy-six and seven-
8 ty-six-a of this chapter provided that the operation of such beer and
9 wine wholesalers business shall be subject to such rules and regulations
10 as the liquor authority may prescribe; (4) prohibit a beer wholesaler
11 who is authorized to sell beer at retail from selling at retail: (i)
12 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
13 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
14 and picnic-related products and supplies, which shall include, but not
15 be limited to, charcoal, grills, propane gas, plastic and paper cups,
16 paper or plastic tablecloths and coolers; (v) beer making and brewing
17 supplies and publications, which shall include, but not be limited to,
18 books, magazines, equipment and ingredients; (vi) steins, mugs and other
19 glassware appropriate for the consumption of beer, malt beverages and
20 wine products; (vii) items typically used to serve beer and malt bever-
21 ages including, but not limited to, taps, kegerators, koozies and beer
22 socks; (viii) lemons, limes and oranges, provided that no more than two
23 dozen of each shall be displayed at any one time; (ix) rock salt, ice
24 and snow melting compounds, snow shovels; windshield washer solvent;
25 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
26 telephone cards; (5) prohibit the installation and operation of a single
27 automated teller machine in the premises of a beer wholesaler who is
28 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine
29 wholesaler from transporting or selling gifts or promotional items asso-
30 ciated with wine or liquor products as provided for in subdivision four
31 of section sixty-three of this chapter; or (7) prohibit a liquor whole-
32 saler from transporting or selling tonic water, bitters, maraschino
33 cherries or dealcoholized wine. For the purposes of this subdivision,
34 "automated teller machine" means a device which is linked to the
35 accounts and records of a banking institution and which enables consum-
36 ers to carry out banking transactions, including but not limited to,
37 account transfers, deposits, cash withdrawals, balance inquiries and
38 loan payments.
39 § 3. This act shall take effect immediately.
40 PART D
41 Section 1. Subdivision 5 of section 63 of the alcoholic beverage
42 control law is amended to read as follows:
43 5. Not more than [one license] two licenses shall be granted to any
44 person under this section.
45 § 2. This act shall take effect immediately.
46 PART E
47 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
48 section 101 of the alcoholic beverage control law, as amended by chapter
49 318 of the laws of 2016, is amended to read as follows:
50 Be interested directly or indirectly in any premises licensed under
51 this chapter where any alcoholic beverage is sold at retail; or in any
52 business licensed under this chapter devoted wholly or partially to the
A. 10416--A 5
1 sale of any alcoholic beverage at retail by stock ownership, interlock-
2 ing directors, mortgage or lien or any personal or real property, or by
3 any other means. The provisions of this paragraph shall not apply to
4 § 2. The opening paragraph of paragraph (a) of subdivision 13 of
5 section 106 of the alcoholic beverage control law, as amended by chapter
6 453 of the laws of 2018, is amended to read as follows:
7 No retail licensee for on-premises consumption shall be interested,
8 directly or indirectly, in any premises licensed under this chapter
9 where liquors, wines or beer are manufactured or sold at wholesale, by
10 stock ownership, interlocking directors, mortgage or lien on any
11 personal or real property or by any other means, except that liquors,
12 wines or beer may be manufactured or sold wholesale by the person
13 licensed as a manufacturer or wholesaler thereof:
14 § 3. This act shall take effect immediately.
15 PART F
16 Section 1. Subdivision 6 of section 63 of the alcoholic beverage
17 control law, as added by chapter 1024 of the laws of 1965, is amended to
18 read as follows:
19 6. Determinations under this section with respect to approving the
20 issuance of a new license or under section one hundred eleven of this
21 chapter with respect to the transfer to any other premises of a license
22 issued hereunder, shall be made [in accordance with public convenience
23 and advantage] unless there is good cause shown for disapproval by the
24 liquor authority.
25 § 2. Subdivision 4 of section 79 of the alcoholic beverage control
26 law, as added by chapter 1024 of the laws of 1965, is amended to read as
27 follows:
28 4. Determinations under this section with respect to approving the
29 issuance of a new license or under section one hundred eleven of this
30 chapter with respect to the transfer to any other premises of a license
31 issued hereunder shall be made [in accordance with public convenience
32 and advantage] unless there is good cause shown for disapproval by the
33 liquor authority.
34 § 3. This act shall take effect immediately.
35 PART G
36 Section 1. The opening paragraph of subdivision 2 of section 99-d of
37 the alcoholic beverage control law, as amended by chapter 560 of the
38 laws of 2011, is amended to read as follows:
39 Before any change in the members of a limited liability company or the
40 transfer or assignment of a membership interest in a limited liability
41 company or any corporate change in stockholders, stockholdings, alcohol-
42 ic beverage officers, officers or directors, except officers and direc-
43 tors of a premises licensed as a club or a luncheon club under this
44 chapter can be effectuated for the purposes of this chapter, there shall
45 be filed with the liquor authority an application for permission to make
46 such change and there shall be paid to the liquor authority in advance
47 upon filing of the application a fee of one hundred twenty-eight
48 dollars. Such application shall be deemed approved and in effect if not
49 disapproved by the authority prior to the expiration of ninety days
50 after receipt by the authority.
51 § 2. This act shall take effect immediately.
A. 10416--A 6
1 PART H
2 Section 1. Subdivision 4 of section 97-a of the alcoholic beverage
3 control law, as amended by chapter 431 of the laws of 2024, is amended
4 to read as follows:
5 4. A temporary retail permit issued by the authority pursuant to this
6 section shall be for a period not to exceed one hundred eighty days. A
7 temporary permit may be extended at the discretion of the authority, for
8 an additional [thirty] ninety day period upon payment of an additional
9 fee of sixty-four dollars for all retail beer licenses and ninety-six
10 dollars for all other temporary permits and upon compliance with all
11 conditions required in this section. The authority may, in its
12 discretion, issue additional [thirty] ninety day extensions upon payment
13 of the appropriate fee.
14 § 2. Subdivision 6 of section 97-a of the alcoholic beverage control
15 law, as added by chapter 396 of the laws of 2010, is amended to read as
16 follows:
17 6. The holder of a temporary retail permit shall [purchase alcoholic
18 beverages only by payment in currency or check for such alcoholic bever-
19 ages on or before the day such alcoholic beverages are delivered,
20 provided, however, that the holder of a temporary permit issued pursuant
21 to this section who also holds one or more retail licenses and is oper-
22 ating under such retail license or licenses in addition to the temporary
23 retail permit, and who is not delinquent under the provisions of section
24 one hundred one-aa of this chapter as to any retail license under which
25 he operates, may purchase alcoholic beverages on credit under the tempo-
26 rary permit] be subject to sections one hundred one-aa and one hundred
27 one-aaa of this chapter.
28 § 3. Section 5 of chapter 396 of the laws of 2010 amending the alco-
29 holic beverage control law relating to liquidator's permits and tempo-
30 rary retail permits, as amended by section 1 of part N of chapter 55 of
31 the laws of 2026, is amended to read as follows:
32 § 5. This act shall take effect on the sixtieth day after it shall
33 have become a law[, provided that paragraph (b) of subdivision 1 of
34 section 97-a of the alcoholic beverage control law as added by section
35 two of this act shall expire and be deemed repealed October 12, 2027].
36 § 4. This act shall take effect immediately; provided, however, that
37 section two of this act shall take effect on the ninetieth day after it
38 shall have become a law.
39 PART I
40 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco-
41 holic beverage control law, as amended by chapter 463 of the laws of
42 2009, is amended to read as follows:
43 (a) on the same street or avenue and within two hundred feet of a
44 building occupied exclusively as a school, church, synagogue or other
45 place of worship; provided, however, that the authority may issue a
46 retail license for on-premises consumption for a premises which shall be
47 within two hundred feet of a building occupied exclusively as a school,
48 church, synagogue, or other place of worship if the owner or administra-
49 tor of such school, church, or other place of worship affirmatively
50 state support for the issuance of such a license, or
51 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section
52 64-a of the alcoholic beverage control law, as amended by chapter 463 of
53 the laws of 2009, is amended to read as follows:
A. 10416--A 7
1 (i) on the same street or avenue and within two hundred feet of a
2 building occupied exclusively as a school, church, synagogue or other
3 place of worship; provided, however, that the authority may issue a
4 retail license for on-premises consumption for a premises which shall be
5 within two hundred feet of a building occupied exclusively as a school,
6 church, synagogue, or other place of worship if the owner or administra-
7 tor of such school, church, or other place of worship affirmatively
8 state support for the issuance of such a license; or
9 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section
10 64-b of the alcoholic beverage control law, as amended by chapter 463 of
11 the laws of 2009, is amended to read as follows:
12 (i) on the same street or avenue and within two hundred feet of a
13 building occupied exclusively as a school, church, synagogue or other
14 place of worship; provided, however, that the authority may issue a
15 retail license for on-premises consumption for a premises which shall be
16 within two hundred feet of a building occupied exclusively as a school,
17 church, synagogue, or other place of worship if the owner or adminis-
18 trator of such school, church, or other place of worship affirmative-
19 ly state support for the issuance of such a license; or
20 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section
21 64-c of the alcoholic beverage control law, as amended by chapter 463 of
22 the laws of 2009, is amended to read as follows:
23 (i) on the same street or avenue and within two hundred feet of a
24 building occupied exclusively as a school, church, synagogue or other
25 place of worship; provided, however, that the authority may issue a
26 retail license for on-premises consumption for a premises which shall be
27 within two hundred feet of a building occupied exclusively as a school,
28 church, synagogue, or other place of worship if the owner or adminis-
29 trator of such school, church, or other place of worship affirmative-
30 ly state support for the issuance of such a license; or
31 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic
32 beverage control law, as amended by chapter 463 of the laws of 2009, is
33 amended to read as follows:
34 (a) on the same street or avenue and within two hundred feet of a
35 building occupied exclusively as a school, church, synagogue or other
36 place of worship; provided, however, that the authority may issue a
37 retail license for on-premises consumption for a premises which shall be
38 within two hundred feet of a building occupied exclusively as a school,
39 church, synagogue, or other place of worship if the owner or adminis-
40 trator of such school, church, or other place of worship affirmative-
41 ly state support for the issuance of such a license; or
42 § 6. This act shall take effect immediately.
43 PART J
44 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of
45 the alcoholic beverage control law, paragraph (b) as amended by chapter
46 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of
47 the laws of 2012, are amended to read as follows:
48 (b) in a [city, town or village having a population of twenty thousand
49 or more] county having a population between one million six hundred
50 thousand and one million seven hundred thousand as of the two thousand
51 twenty census as conducted by the United States department of commerce
52 within five hundred feet of three or more existing premises licensed and
53 operating pursuant to this section and sections sixty-four-a, sixty-
54 four-b, sixty-four-c, and/or sixty-four-d of this article;
A. 10416--A 8
1 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
2 sion, in a county having a population between one million six hundred
3 thousand and one million seven hundred thousand as of the two thousand
4 twenty census as conducted by the United States department of commerce,
5 the authority may issue a license pursuant to this section for a prem-
6 ises which shall be within five hundred feet of three or more existing
7 premises licensed and operating pursuant to this section and sections
8 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
9 article if, after consultation with the municipality or community board,
10 it determines that granting such license would be in the public inter-
11 est. Before it may issue any such license, the authority shall conduct a
12 hearing, upon notice to the applicant and the municipality or community
13 board, and shall state and file in its office its reasons therefor. The
14 hearing may be rescheduled, adjourned or continued, and the authority
15 shall give notice to the applicant and the municipality or community
16 board of any such rescheduled, adjourned or continued hearing. Before
17 the authority issues any said license, the authority or one or more of
18 the commissioners thereof may, in addition to the hearing required by
19 this paragraph, also conduct a public meeting regarding said license,
20 upon notice to the applicant and the municipality or community board.
21 The public meeting may be rescheduled, adjourned or continued, and the
22 authority shall give notice to the applicant and the municipality or
23 community board of any such rescheduled, adjourned or continued public
24 meeting. Notice to the municipality or community board shall mean writ-
25 ten notice mailed by the authority to such municipality or community
26 board at least fifteen days in advance of any hearing scheduled pursuant
27 to this paragraph. Upon the request of the authority, any municipality
28 or community board may waive the fifteen day notice requirement. No
29 premises having been granted a license pursuant to this section shall be
30 denied a renewal of such license upon the grounds that such premises are
31 within five hundred feet of a building or buildings wherein three or
32 more premises are licensed and operating pursuant to this section and
33 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
34 of this article.
35 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the
36 alcoholic beverage control law, paragraph (a) as amended by chapter 463
37 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the
38 laws of 2012, are amended to read as follows:
39 (a) No special on-premises license shall be granted for any premises
40 which shall be
41 (i) on the same street or avenue and within two hundred feet of a
42 building occupied exclusively as a school, church, synagogue or other
43 place of worship or
44 (ii) in a [city, town or village having a population of twenty thou-
45 sand or more] county having a population between one million six hundred
46 thousand and one million seven hundred thousand as of the two thousand
47 twenty census as conducted by the United States department of commerce
48 within five hundred feet of three or more existing premises licensed and
49 operating pursuant to this section and sections sixty-four,
50 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
51 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
52 are to be taken in straight lines from the center of the nearest
53 entrance of the premises sought to be licensed to the center of the
54 nearest entrance of such school, church, synagogue or other place of
55 worship or to the center of the nearest entrance of each such premises
56 licensed and operating pursuant to this section and sections sixty-four,
A. 10416--A 9
1 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
2 that no license shall be denied to any premises at which a license under
3 this chapter has been in existence continuously from a date prior to the
4 date when a building on the same street or avenue and within two hundred
5 feet of said premises has been occupied exclusively as a school, church,
6 synagogue or other place of worship; and except that no license shall be
7 denied to any premises, which is within five hundred feet of three or
8 more existing premises licensed and operating pursuant to this section
9 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
10 of this article, at which a license under this chapter has been in
11 existence continuously on or prior to November first, nineteen hundred
12 ninety-three. The liquor authority, in its discretion, may authorize the
13 removal of any such licensed premises to a different location on the
14 same street or avenue, within two hundred feet of said school, church,
15 synagogue or other place of worship, provided that such new location is
16 not within a closer distance to such school, church, synagogue or other
17 place of worship.
18 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
19 (a) of this subdivision, in a county having a population between one
20 million six hundred thousand and one million seven hundred thousand as
21 of the two thousand twenty census as conducted by the United States
22 department of commerce, the authority may issue a license pursuant to
23 this section for a premises which shall be within five hundred feet of
24 three or more existing premises licensed and operating pursuant to this
25 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
26 sixty-four-d of this article if, after consultation with the munici-
27 pality or community board, it determines that granting such license
28 would be in the public interest. Before it may issue any such license,
29 the authority shall conduct a hearing, upon notice to the applicant and
30 the municipality or community board, and shall state and file in its
31 office its reasons therefor. Notice to the municipality or community
32 board shall mean written notice mailed by the authority to such munici-
33 pality or community board at least fifteen days in advance of any hear-
34 ing scheduled pursuant to this paragraph. Upon the request of the
35 authority, any municipality or community board may waive the fifteen day
36 notice requirement. The hearing may be rescheduled, adjourned or contin-
37 ued, and the authority shall give notice to the applicant and the muni-
38 cipality or community board of any such rescheduled, adjourned or
39 continued hearing. Before the authority issues any said license, the
40 authority or one or more of the commissioners thereof may, in addition
41 to the hearing required by this paragraph, also conduct a public meeting
42 regarding said license, upon notice to the applicant and the munici-
43 pality or community board. The public meeting may be rescheduled,
44 adjourned or continued, and the authority shall give notice to the
45 applicant and the municipality or community board of any such resched-
46 uled, adjourned or continued public meeting. No premises having been
47 granted a license pursuant to this section shall be denied a renewal of
48 such license upon the grounds that such premises are within five hundred
49 feet of a building or buildings wherein three or more premises are
50 licensed and 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 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the
53 alcoholic beverage control law, paragraph (a) as amended by chapter 463
54 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
55 laws of 2012, are amended to read as follows:
A. 10416--A 10
1 (a) No bottle club license shall be granted for any premises which
2 shall be
3 (i) on the same street or avenue and within two hundred feet of a
4 building occupied exclusively as a school, church, synagogue or other
5 place of worship; or
6 (ii) in a [city, town or village having a population of twenty thou-
7 sand or more] county having a population between one million six hundred
8 thousand and one million seven hundred thousand as of the two thousand
9 twenty census as conducted by the United States department of commerce
10 within five hundred feet of three or more existing premises licensed and
11 operating pursuant to this section and sections sixty-four,
12 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
13 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
14 are to be taken in straight lines from the center of the nearest
15 entrance of the premises sought to be licensed to the center of the
16 nearest entrance of such school, church, synagogue or other place of
17 worship or to the center of the nearest entrance of each such premises
18 licensed and operating pursuant to this section and sections sixty-four,
19 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
20 that no license shall be denied to any premises at which a license under
21 this chapter has been in existence continuously from a date prior to the
22 date when a building on the same street or avenue and within two hundred
23 feet of said premises has been occupied exclusively as a school, church,
24 synagogue or other place of worship; and except that no license shall be
25 denied to any premises, which is within five hundred feet of three or
26 more existing premises licensed and operating pursuant to this section
27 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
28 of this article, at which a license under this chapter has been in
29 existence continuously on or prior to November first, nineteen hundred
30 ninety-three. The liquor authority, in its discretion, may authorize the
31 removal of any such licensed premises to a different location on the
32 same street or avenue, within two hundred feet of said school, church,
33 synagogue or other place of worship, provided that such new location is
34 not within a closer distance to such school, church, synagogue or other
35 place of worship.
36 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
37 (a) of this subdivision, in a county having a population between one
38 million six hundred thousand and one million seven hundred thousand as
39 of the two thousand twenty census as conducted by the United States
40 department of commerce, the authority may issue a license pursuant to
41 this section for a premises which shall be within five hundred feet of
42 three or more existing premises licensed and operating pursuant to this
43 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
44 sixty-four-d of this article if, after consultation with the munici-
45 pality or community board, it determines that granting such license
46 would be in the public interest. Before it may issue any such license,
47 the authority shall conduct a hearing, upon notice to the applicant and
48 the municipality or community board, and shall state and file in its
49 office its reasons therefor. The hearing may be rescheduled, adjourned
50 or continued, and the authority shall give notice to the applicant and
51 the municipality or community board of any such rescheduled, adjourned
52 or continued hearing. Before the authority issues any said license, the
53 authority or one or more of the commissioners thereof may, in addition
54 to the hearing required by this paragraph, also conduct a public meeting
55 regarding said license, upon notice to the applicant and the munici-
56 pality or community board. The public meeting may be rescheduled,
A. 10416--A 11
1 adjourned or continued, and the authority shall give notice to the
2 applicant and the municipality or community board of any such resched-
3 uled, adjourned or continued public meeting. Notice to the municipality
4 or community board shall mean written notice mailed by the authority to
5 such municipality or community board at least fifteen days in advance of
6 any hearing scheduled pursuant to this paragraph. Upon the request of
7 the authority, any municipality or community board may waive the fifteen
8 day notice requirement. No premises having been granted a license pursu-
9 ant to this section shall be denied a renewal of such license upon the
10 grounds that such premises are within five hundred feet of a building or
11 buildings wherein three or more premises are licensed and operating
12 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
13 four-c, and/or sixty-four-d of this article.
14 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the
15 alcoholic beverage control law, paragraph (a) as amended by chapter 463
16 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
17 laws of 2012, are amended to read as follows:
18 (a) No restaurant-brewer license shall be granted for any premises
19 which shall be:
20 (i) on the same street or avenue and within two hundred feet of a
21 building occupied exclusively as a school, church, synagogue or other
22 place of worship; or
23 (ii) in a [city, town or village having a population of twenty thou-
24 sand or more] county having a population between one million six hundred
25 thousand and one million seven hundred thousand as of the two thousand
26 twenty census as conducted by the United States department of commerce
27 within five hundred feet of three or more existing premises licensed and
28 operating pursuant to the provisions of this section or sections sixty-
29 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
30 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
31 are to be taken in straight lines from the center of the nearest
32 entrance of the premises sought to be licensed to the center of the
33 nearest entrance of such school, church, synagogue or other place of
34 worship or to the center of the nearest entrance of each such premises
35 licensed and operating pursuant to this section and sections sixty-four,
36 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
37 that no license shall be denied to any premises at which a license under
38 this chapter has been in existence continuously from a date prior to the
39 date when a building on the same street or avenue and within two hundred
40 feet of said premises has been occupied exclusively as a school, church,
41 synagogue or other place of worship and except that no license shall be
42 denied to any premises, which is within five hundred feet of three or
43 more existing premises licensed and operating pursuant to this section
44 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
45 of this article, at which a license under this chapter has been in
46 existence continuously on or prior to November first, nineteen hundred
47 ninety-three.
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. 10416--A 12
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 (b) and (e) of subdivision 8 of section 64-d of the
27 alcoholic beverage control law, paragraph (b) as amended by chapter 463
28 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the
29 laws of 2012, are amended to read as follows:
30 (b) in a [city, town or village having a population of twenty thousand
31 or more] county having a population between one million six hundred
32 thousand and one million seven hundred thousand as of the two thousand
33 twenty census as conducted by the United States department of commerce
34 within five hundred feet of an existing premises licensed and operating
35 pursuant to the provisions of this section, or within five hundred feet
36 of three or more existing premises licensed and operating pursuant to
37 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or
38 sixty-four-c of this article.
39 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
40 sion, in a county having a population between one million six hundred
41 thousand and one million seven hundred thousand as of the two thousand
42 twenty census as conducted by the United States department of commerce,
43 the authority may issue a license pursuant to this section for a prem-
44 ises which shall be within five hundred feet of an existing premises
45 licensed and operating pursuant to the provisions of this section or
46 within five hundred feet of three or more existing premises licensed and
47 operating pursuant to this section and sections sixty-four,
48 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
49 after consultation with the municipality or community board, it deter-
50 mines that granting such license would be in the public interest.
51 Before it may issue any such license, the authority shall conduct a
52 hearing, upon notice to the applicant and the municipality or community
53 board, and shall state and file in its office its reasons therefor. The
54 hearing may be rescheduled, adjourned or continued, and the authority
55 shall give notice to the applicant and the municipality or community
56 board of any such rescheduled, adjourned or continued hearing. Before
A. 10416--A 13
1 the authority issues any said license, the authority or one or more of
2 the commissioners thereof may, in addition to the hearing required by
3 this paragraph, also conduct a public meeting regarding said license,
4 upon notice to the applicant and the municipality or community board.
5 The public meeting may be rescheduled, adjourned or continued, and the
6 authority shall give notice to the applicant and the municipality or
7 community board of any such rescheduled, adjourned or continued public
8 meeting. Notice to the municipality or community board shall mean writ-
9 ten notice mailed by the authority to such municipality or community
10 board at least fifteen days in advance of any hearing scheduled pursuant
11 to this paragraph. Upon the request of the authority, any municipality
12 or community board may waive the fifteen day notice requirement. No
13 premises having been granted a license pursuant to this section shall be
14 denied a renewal of such license upon the grounds that such premises are
15 within five hundred feet of an existing premises licensed and operating
16 pursuant to the provisions of this section or within five hundred feet
17 of a building or buildings wherein three or more premises are licensed
18 and operating pursuant to this section and sections sixty-four, sixty-
19 four-a, sixty-four-b, and/or sixty-four-c of this article.
20 § 6. This act shall take effect immediately.
21 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
22 sion, section or part of this act shall be adjudged by any court of
23 competent jurisdiction to be invalid, such judgment shall not affect,
24 impair, or invalidate the remainder thereof, but shall be confined in
25 its operation to the clause, sentence, paragraph, subdivision, section
26 or part thereof directly involved in the controversy in which such judg-
27 ment shall have been rendered. It is hereby declared to be the intent of
28 the legislature that this act would have been enacted even if such
29 invalid provisions had not been included herein.
30 § 3. This act shall take effect immediately; provided, however, that
31 the applicable effective date of Parts A through J of this act shall be
32 as specifically set forth in the last section of such Parts.
