STATE OF NEW YORK
________________________________________________________________________
1380--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. LENTOL, STIRPE, LUPARDO, ABBATE, WEPRIN, ZEBROW-
SKI, PRETLOW, O'DONNELL -- read once and referred to the Committee on
Economic Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to wine
and beer in motion picture theatres
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 20-f to read as follows:
3 20-f. "Motion picture theatre" shall mean a building or facility which
4 is regularly used and kept open primarily for the exhibition of motion
5 pictures on a daily basis to the general public where all auditorium
6 seating is permanently affixed to the floor and at least sixty-five
7 percent of the motion picture theatre's annual gross revenues is the
8 combined result of admission revenue for the showing of motion pictures
9 and the sale of food and non-alcoholic beverages.
10 § 2. The alcoholic beverage control law is amended by adding a new
11 section 64-e to read as follows:
12 § 64-e. License to sell beer and wine at retail for consumption on the
13 premises in a motion picture theatre. 1. Any person may make an applica-
14 tion to the state liquor authority for a license to sell beer, wine,
15 wine products and cider at retail for consumption on the premises in a
16 motion picture theatre as defined in subdivision twenty-f of section
17 three of this chapter. For the purposes of this section, "alcoholic
18 beverages" shall mean beer, wine, wine products and cider.
19 2. A license under this section shall be issued to all applicants
20 except for good cause shown. In determining whether good cause exists to
21 deny an application, the authority may consider:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01194-06-5
A. 1380--A 2
1 (a) the history of beer and wine violations and documented criminal
2 activity at the proposed premises connected with the sale and consump-
3 tion of alcoholic beverages;
4 (b) evidence that all necessary licenses and permits have been
5 obtained from the state and all other governing bodies for the operation
6 of the motion picture theatre and sale of alcoholic beverages;
7 (c) the aggregate number of seats in the motion picture theatre;
8 (d) the applicant's proposed method of operation and alcoholic bever-
9 age control plan;
10 (e) objections from the local municipality based on evidence of nega-
11 tive impacts to the surrounding community;
12 (f) any other factors, in the judgment of the authority, that would
13 create a risk in the orderly enforcement of this chapter; and
14 (g) any other factors, such as the character and fitness of the appli-
15 cant to hold a license, that are relevant to determine whether good
16 cause exists to deny the application.
17 3. Such application shall be in such form and shall contain such
18 information as shall be required by the rules of the liquor authority
19 and shall be accompanied by a check or draft in the amount required by
20 this article for such license.
21 4. Section fifty-four of this chapter shall control so far as applica-
22 ble to the procedure in connection with such application.
23 5. A license issued pursuant to this section shall be subject to the
24 conditions set forth below. Failure to comply with any of these condi-
25 tions shall, constitute grounds for the suspension, cancellation or
26 revocation of the license, and/or the imposition of a civil penalty and
27 the recovery of the penal sum of the bond on file during the period of
28 the violation.
29 (a) A licensee shall not sell or serve an alcoholic beverage to any
30 person that does not demonstrate that they are over the age of twenty-
31 one as evidenced by the presentation of a valid form of photographic
32 identification authorized by section sixty-five-b of this chapter;
33 (b) No more than one alcoholic beverage shall be sold or served to any
34 one person during any one transaction;
35 (c) Subject to the provisions set forth in subdivision five of section
36 one hundred six of this chapter, the licensee shall only sell or serve
37 alcoholic beverages for the period beginning one hour prior to the first
38 motion picture viewing and ending upon the conclusion of the last motion
39 picture viewing; and
40 (d) The licensee must make available to its patrons food that is typi-
41 cally found in a motion picture theatre, including but not limited to:
42 popcorn, candy, and light snacks.
43 6. Nothing contained in this section shall prohibit the issuance of a
44 license pursuant to section sixty-four of this section to a motion
45 picture theatre or other venue that shows motion pictures that meets the
46 definition of a restaurant set forth in subdivision twenty-seven of
47 section three of this chapter and where all seating is at tables or
48 seatside tables where meals are served.
49 7. No retail license for on-premises consumption shall be granted for
50 any premises which shall be:
51 (a) on the same street or avenue and within two hundred feet of a
52 building occupied exclusively as a school, church, synagogue or other
53 place of worship; or
54 (b) in a city, town or village having a population of twenty thousand
55 or more within five hundred feet of three or more existing premises
56 licensed and operating pursuant to this section and sections sixty-four,
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1 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
2 article.
3 8. (a) the measurements in subdivision seven of this section are to be
4 taken in straight lines from the center of the nearest entrance of the
5 premises sought to be licensed to the center of the nearest entrance of
6 such school, church, synagogue or other place of worship or to the
7 center of the nearest entrance of each such premises licensed and oper-
8 ating pursuant to this section and sections sixty-four, sixty-four-a,
9 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,
10 however, that no renewal license shall be denied because of such
11 restriction to any premises so located which were maintained as a bona
12 fide hotel, restaurant, catering establishment or club on or prior to
13 December fifth, nineteen hundred thirty-three; and, except that no
14 license shall be denied to any premises at which a license under this
15 chapter has been in existence continuously from a date prior to the date
16 when a building on the same street or avenue and within two hundred feet
17 of said premises has been occupied exclusively as a school, church,
18 synagogue or other place of worship; and except that no license shall be
19 denied to any premises, which is within five hundred feet of three or
20 more existing premises licensed and operating pursuant to this section
21 and sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,
22 and/or sixty-four-d of this article, at which a license under this chap-
23 ter has been in existence continuously on or prior to November first,
24 nineteen hundred ninety-three. The liquor authority, in its discretion,
25 may authorize the removal of any such licensed premises to a different
26 location on the same street or avenue, within two hundred feet of said
27 school, church, synagogue or other place of worship, provided that such
28 new location is not within a closer distance to such school, church,
29 synagogue or other place of worship.
30 (b) For the purposes of this subdivision, the word "entrance" shall
31 mean a door of a school, of a house of worship, or of premises licensed
32 and operating pursuant to this section and sections sixty-four, sixty-
33 four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article
34 or of the premises sought to be licensed, regularly used to give ingress
35 to students of the school, to the general public attending the place of
36 worship, and to patrons or guests of the premises licensed and operating
37 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
38 four-b, sixty-four-c, and/or sixty-four-d of this article or of the
39 premises sought to be licensed, except that where a school or house of
40 worship or premises licensed and operating pursuant to this section and
41 sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, and/or
42 sixty-four-d of this article or the premises sought to be licensed is
43 set back from a public thoroughfare, the walkway or stairs leading to
44 any such door shall be deemed an entrance; and the measurement shall be
45 taken to the center of the walkway or stairs at the point where it meets
46 the building line or public thoroughfare. A door which has no exterior
47 hardware, or which is used solely as an emergency or fire exit, or for
48 maintenance purposes, or which leads directly to a part of a building
49 not regularly used by the general public or patrons, is not deemed an
50 "entrance".
51 (c) For the purposes 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. 1380--A 4
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 benefiting 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 including
12 but not limited to, alcoholism, drug addition, cancer, cerebral palsy,
13 Parkinson's disease, or Alzheimer's disease; the use of the building for
14 blood drives, health screenings, health information meetings, yoga
15 classes, exercise classes or other activities intended to promote the
16 health of the congregants or other persons; and use of the building by
17 non-congregant members of the community for private social functions.
18 The building occupied as a place of worship does not cease to be "exclu-
19 sively" occupied as a place of worship where the not-for-profit reli-
20 gious organization occupying the place of worship accepts the payment of
21 funds to defray costs related to another party's use of the building.
22 9. Notwithstanding the provisions of paragraph (b) of subdivision
23 seven of this section, the authority may issue a license pursuant to
24 this section for a premises which shall be within five hundred feet of
25 three or more existing premises licensed and operating pursuant to this
26 section and sections sixty-four, sixty-four-a, sixty-four-b,
27 sixty-four-c, and/or sixty-four-d of this article if, after consulta-
28 tion with the municipality or community board, it determines that grant-
29 ing such license would be in the public interest. Before it may issue
30 any such license, the authority shall conduct a hearing, upon notice to
31 the applicant and the municipality or community board, and shall state
32 and file in its office its reasons therefor. The hearing may be resched-
33 uled, adjourned or continued, and the authority shall give notice to the
34 applicant and the municipality or community board of any such resched-
35 uled, adjourned or continued hearing. Before the authority issues any
36 said license, the authority or one or more of the commissioners thereof
37 may, in addition to the hearing required by this paragraph, also conduct
38 a public meeting regarding said license, upon notice to the applicant
39 and the municipality or community board. The public meeting may be
40 rescheduled, adjourned or continued, and the authority shall give notice
41 to the applicant and the municipality or community board of any such
42 rescheduled, adjourned or continued public meeting. Notice to the muni-
43 cipality or community board shall mean written notice mailed by the
44 authority to such municipality or community board at least fifteen days
45 in advance of any hearing scheduled pursuant to this paragraph. Upon the
46 request of the authority, any municipality or community board may waive
47 the fifteen day notice requirement. No premises having been granted a
48 license pursuant to this section shall be denied a renewal of such
49 license upon the grounds that such premises are within five hundred feet
50 of a building or buildings wherein three or more premises are licensed
51 and operating pursuant to this section and sections sixty-four, sixty-
52 four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
53 § 3. Subdivision 3 of section 17 of the alcoholic beverage control
54 law, as amended by chapter 355 of the laws of 2013, is amended to read
55 as follows:
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1 3. To revoke, cancel or suspend for cause any license or permit issued
2 under this chapter and/or to impose a civil penalty for cause against
3 any holder of a license or permit issued pursuant to this chapter. Any
4 civil penalty so imposed shall not exceed the sum of ten thousand
5 dollars as against the holder of any retail permit issued pursuant to
6 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
7 paragraph f of subdivision one of section ninety-nine-b of this chapter,
8 and as against the holder of any retail license issued pursuant to
9 sections [fifty-two,] fifty-three-a, fifty-four, fifty-four-a, fifty-
10 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
11 sixty-four-c, sixty-four-e, seventy-six-f, seventy-nine, eighty-one and
12 eighty-one-a of this chapter, and the sum of thirty thousand dollars as
13 against the holder of a license issued pursuant to sections fifty-three,
14 seventy-six, seventy-six-a, and seventy-eight of this chapter, provided
15 that the civil penalty against the holder of a wholesale license issued
16 pursuant to section fifty-three of this chapter shall not exceed the sum
17 of ten thousand dollars where that licensee violates provisions of this
18 chapter during the course of the sale of beer at retail to a person for
19 consumption at home, and the sum of one hundred thousand dollars as
20 against the holder of any license issued pursuant to sections fifty-one,
21 sixty-one and sixty-two of this chapter. Any civil penalty so imposed
22 shall be in addition to and separate and apart from the terms and
23 provisions of the bond required pursuant to section one hundred twelve
24 of this chapter. Provided that no appeal is pending on the imposition of
25 such civil penalty, in the event such civil penalty imposed by the divi-
26 sion remains unpaid, in whole or in part, more than forty-five days
27 after written demand for payment has been sent by first class mail to
28 the address of the licensed premises, a notice of impending default
29 judgment shall be sent by first class mail to the licensed premises and
30 by first class mail to the last known home address of the person who
31 signed the most recent license application. The notice of impending
32 default judgment shall advise the licensee: (a) that a civil penalty was
33 imposed on the licensee; (b) the date the penalty was imposed; (c) the
34 amount of the civil penalty; (d) the amount of the civil penalty that
35 remains unpaid as of the date of the notice; (e) the violations for
36 which the civil penalty was imposed; and (f) that a judgment by default
37 will be entered in the supreme court of the county in which the licensed
38 premises are located, or other court of civil jurisdiction or any other
39 place provided for the entry of civil judgments within the state of New
40 York unless the division receives full payment of all civil penalties
41 due within twenty days of the date of the notice of impending default
42 judgment. If full payment shall not have been received by the division
43 within thirty days of mailing of the notice of impending default judg-
44 ment, the division shall proceed to enter with such court a statement of
45 the default judgment containing the amount of the penalty or penalties
46 remaining due and unpaid, along with proof of mailing of the notice of
47 impending default judgment. The filing of such judgment shall have the
48 full force and effect of a default judgment duly docketed with such
49 court pursuant to the civil practice law and rules and shall in all
50 respects be governed by that chapter and may be enforced in the same
51 manner and with the same effect as that provided by law in respect to
52 execution issued against property upon judgments of a court of record. A
53 judgment entered pursuant to this subdivision shall remain in full force
54 and effect for eight years notwithstanding any other provision of law.
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1 § 4. Subdivision 3 of section 55 of the alcoholic beverage control
2 law, as amended by chapter 531 of the laws of 1964, is amended to read
3 as follows:
4 3. No such license shall be issued, however, to any person for any
5 premises other than premises for which a license may be issued under
6 section sixty-four [or], sixty-four-a or sixty-four-e of this chapter or
7 a hotel or premises which are kept, used, maintained, advertised or held
8 out to the public to be a place where food is prepared and served for
9 consumption on the premises in such quantities as to satisfy the liquor
10 authority that the sale of beer intended is incidental to and not the
11 prime source of revenue from the operation of such premises. The forego-
12 ing provisions of this subdivision shall not apply to any premises
13 located at, in, or on the area leased by the city of New York to New
14 York World's Fair 1964 Corporation pursuant to the provisions of chapter
15 four hundred twenty-eight of the laws of nineteen hundred sixty, as
16 amended by a chapter of the laws of nineteen hundred sixty-one, during
17 the term or duration of such lease. Such license may also include such
18 suitable space outside of the licensed premises and adjoining it as may
19 be approved by the liquor authority.
20 § 5. Subdivisions 1 and 2 of section 56-a of the alcoholic beverage
21 control law, as amended by chapter 384 of the laws of 2013, is amended
22 to read as follows:
23 1. In addition to the annual fees provided for in this chapter, there
24 shall be paid to the authority with each initial application for a
25 license filed pursuant to section fifty-one, fifty-one-a, fifty-three,
26 fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
27 ty-eight of this chapter, a filing fee of four hundred dollars; with
28 each initial application for a license filed pursuant to section sixty-
29 three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a
30 filing fee of two hundred dollars; with each initial application for a
31 license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
32 fifty-five-a, sixty-four-e, seventy-nine, eighty-one or eighty-one-a of
33 this chapter, a filing fee of one hundred dollars; with each initial
34 application for a permit filed pursuant to section ninety-one, ninety-
35 one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such
36 permit is to be issued on a calendar year basis, ninety-four, ninety-
37 five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or j
38 of subdivision one of section ninety-nine-b of this chapter if such
39 permit is to be issued on a calendar year basis, or for an additional
40 bar pursuant to subdivision four of section one hundred of this chapter,
41 a filing fee of twenty dollars; and with each application for a permit
42 under section ninety-three-a of this chapter, other than a permit to be
43 issued on a calendar year basis, section ninety-seven, ninety-eight,
44 ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
45 issued pursuant to paragraph b, c, e or j of subdivision one of section
46 ninety-nine-b of this chapter on a calendar year basis, a filing fee of
47 ten dollars.
48 2. In addition to the annual fees provided for in this chapter, there
49 shall be paid to the authority with each renewal application for a
50 license filed pursuant to section fifty-one, fifty-one-a, fifty-three,
51 fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
52 ty-eight of this chapter, a filing fee of one hundred dollars; with each
53 renewal application for a license filed pursuant to section sixty-three,
54 sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee
55 of ninety dollars; with each renewal application for a license filed
56 pursuant to section seventy-nine, eighty-one or eighty-one-a of this
A. 1380--A 7
1 chapter, a filing fee of twenty-five dollars; and with each renewal
2 application for a license or permit filed pursuant to section fifty-
3 three-a, fifty-four, fifty-five, fifty-five-a, sixty-four-e, ninety-one,
4 ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
5 such permit is issued on a calendar year basis, ninety-four, ninety-
6 five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
7 sions b, c, e or j of section ninety-nine-b, if such permit is issued on
8 a calendar year basis, or with each renewal application for an addi-
9 tional bar pursuant to subdivision four of section one hundred of this
10 chapter, a filing fee of thirty dollars.
11 § 6. Paragraph (b) of subdivision 7 of section 64 of the alcoholic
12 beverage control law, as amended by chapter 463 of the laws of 2009, is
13 amended to read as follows:
14 (b) in a city, town or village having a population of twenty thousand
15 or more within five hundred feet of three or more existing premises
16 licensed and operating pursuant to this section and sections
17 sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or
18 sixty-four-e of this article;
19 § 7. Paragraph (c) of subdivision 7 of section 64 of the alcoholic
20 beverage control law, as amended by chapter 463 of the laws of 2009, is
21 amended to read as follows:
22 (c) the measurements in paragraphs (a) and (b) of this subdivision are
23 to be taken in straight lines from the center of the nearest entrance of
24 the premises sought to be licensed to the center of the nearest entrance
25 of such school, church, synagogue or other place of worship or to the
26 center of the nearest entrance of each such premises licensed and oper-
27 ating pursuant to this section and sections sixty-four-a, sixty-four-b,
28 sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e of this arti-
29 cle; except, however, that no renewal license shall be denied because of
30 such restriction to any premises so located which were maintained as a
31 bona fide hotel, restaurant, catering establishment or club on or prior
32 to December fifth, nineteen hundred thirty-three; and, except that no
33 license shall be denied to any premises at which a license under this
34 chapter has been in existence continuously from a date prior to the date
35 when a building on the same street or avenue and within two hundred feet
36 of said premises has been occupied exclusively as a school, church,
37 synagogue or other place of worship; and except that no license shall be
38 denied to any premises, which is within five hundred feet of three or
39 more existing premises licensed and operating pursuant to this section
40 and sections sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-
41 four-d, and/or sixty-four-e of this article, at which a license under
42 this chapter has been in existence continuously on or prior to November
43 first, nineteen hundred ninety-three; and except that this subdivision
44 shall not be deemed to restrict the issuance of a hotel liquor license
45 to a building used as a hotel and in which a restaurant liquor license
46 currently exists for premises which serve as a dining room for guests of
47 the hotel and a caterer's license to a person using the permanent cater-
48 ing facilities of a church, synagogue or other place of worship pursuant
49 to a written agreement between such person and the authorities in charge
50 of such facilities. The liquor authority, in its discretion, may author-
51 ize the removal of any such licensed premises to a different location on
52 the same street or avenue, within two hundred feet of said school,
53 church, synagogue or other place of worship, provided that such new
54 location is not within a closer distance to such school, church, syna-
55 gogue or other place of worship.
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1 § 8. Paragraph (d) of subdivision 7 of section 64 of the alcoholic
2 beverage control law, as amended by chapter 463 of the laws of 2009, is
3 amended to read as follows:
4 (d) Within the context of this subdivision, the word "entrance" shall
5 mean a door of a school, of a house of worship, or of premises licensed
6 and operating pursuant to this section and sections sixty-four-a,
7 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
8 of this article or of the premises sought to be licensed, regularly used
9 to give ingress to students of the school, to the general public attend-
10 ing the place of worship, and to patrons or guests of the premises
11 licensed and operating pursuant to this section and sections
12 sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or
13 sixty-four-e of this article or of the premises sought to be licensed,
14 except that where a school or house of worship or premises licensed and
15 operating pursuant to this section and sections sixty-four-a, sixty-
16 four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e of this
17 article or the premises sought to be licensed is set back from a public
18 thoroughfare, the walkway or stairs leading to any such door shall be
19 deemed an entrance; and the measurement shall be taken to the center of
20 the walkway or stairs at the point where it meets the building line or
21 public thoroughfare. A door which has no exterior hardware, or which is
22 used solely as an emergency or fire exit, or for maintenance purposes,
23 or which leads directly to a part of a building not regularly used by
24 the general public or patrons, is not deemed an "entrance".
25 § 9. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
26 beverage control law, as amended by chapter 185 of the laws of 2012, is
27 amended to read as follows:
28 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
29 sion, the authority may issue a license pursuant to this section for a
30 premises which shall be within five hundred feet of three or more exist-
31 ing premises licensed and operating pursuant to this section and
32 sections sixty-four-a, sixty-four-b, sixty-four-c, [and/or]
33 sixty-four-d, and/or sixty-four-e of this article if, after consultation
34 with the municipality or community board, it determines that granting
35 such license would be in the public interest. Before it may issue any
36 such license, the authority shall conduct a hearing, upon notice to the
37 applicant and the municipality or community board, and shall state and
38 file in its office its reasons therefor. The hearing may be rescheduled,
39 adjourned or continued, and the authority shall give notice to the
40 applicant and the municipality or community board of any such resched-
41 uled, adjourned or continued hearing. Before the authority issues any
42 said license, the authority or one or more of the commissioners thereof
43 may, in addition to the hearing required by this paragraph, also conduct
44 a public meeting regarding said license, upon notice to the applicant
45 and the municipality or community board. The public meeting may be
46 rescheduled, adjourned or continued, and the authority shall give notice
47 to the applicant and the municipality or community board of any such
48 rescheduled, adjourned or continued public meeting. Notice to the muni-
49 cipality or community board shall mean written notice mailed by the
50 authority to such municipality or community board at least fifteen days
51 in advance of any hearing scheduled pursuant to this paragraph. Upon the
52 request of the authority, any municipality or community board may waive
53 the fifteen day notice requirement. No premises having been granted a
54 license pursuant to this section shall be denied a renewal of such
55 license upon the grounds that such premises are within five hundred feet
56 of a building or buildings wherein three or more premises are licensed
A. 1380--A 9
1 and operating pursuant to this section and sections sixty-four-a,
2 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
3 of this article.
4 § 10. Paragraph (a) of subdivision 7 of section 64-a of the alcoholic
5 beverage control law, as amended by chapter 463 of the laws of 2009, is
6 amended to read as follows:
7 (a) No special on-premises license shall be granted for any premises
8 which shall be
9 (i) on the same street or avenue and within two hundred feet of a
10 building occupied exclusively as a school, church, synagogue or other
11 place of worship or
12 (ii) in a city, town or village having a population of twenty thousand
13 or more within five hundred feet of three or more existing premises
14 licensed and operating pursuant to this section and sections sixty-four,
15 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
16 of this article;
17 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
18 are to be taken in straight lines from the center of the nearest
19 entrance of the premises sought to be licensed to the center of the
20 nearest entrance of such school, church, synagogue or other place of
21 worship or to the center of the nearest entrance of each such premises
22 licensed and operating pursuant to this section and sections sixty-four,
23 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
24 of this article; except that no license shall be denied to any premises
25 at which a license under this chapter has been in existence continuously
26 from a date prior to the date when a building on the same street or
27 avenue and within two hundred feet of said premises has been occupied
28 exclusively as a school, church, synagogue or other place of worship;
29 and except that no license shall be denied to any premises, which is
30 within five hundred feet of three or more existing premises licensed and
31 operating pursuant to this section and sections sixty-four,
32 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
33 of this article, at which a license under this chapter has been in
34 existence continuously on or prior to November first, nineteen hundred
35 ninety-three. The liquor authority, in its discretion, may authorize the
36 removal of any such licensed premises to a different location on the
37 same street or avenue, within two hundred feet of said school, church,
38 synagogue or other place of worship, provided that such new location is
39 not within a closer distance to such school, church, synagogue or other
40 place of worship.
41 § 11. Paragraph (b) of subdivision 7 of section 64-a of the alcoholic
42 beverage control law, as amended by chapter 463 of the laws of 2009, is
43 amended to read as follows:
44 (b) Within the context of this subdivision, the word "entrance" shall
45 mean a door of a school, of a house of worship, or of premises licensed
46 and operating pursuant to this section and sections sixty-four, sixty-
47 four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e of this
48 article or of the premises sought to be licensed, regularly used to give
49 ingress to students of the school, to the general public attending the
50 place of worship, and to patrons or guests of the premises licensed and
51 operating pursuant to this section and sections sixty-four,
52 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
53 of this article or of the premises sought to be licensed, except that
54 where a school or house of worship or premises licensed and operating
55 pursuant to this section and sections sixty-four, sixty-four-b, sixty-
56 four-c, [and/or] sixty-four-d, and/or sixty-four-e of this article or
A. 1380--A 10
1 the premises sought to be licensed is set back from a public thorough-
2 fare, the walkway or stairs leading to any such door shall be deemed an
3 entrance; and the measurement shall be taken to the center of the walk-
4 way or stairs at the point where it meets the building line or public
5 thoroughfare. A door which has no exterior hardware, or which is used
6 solely as an emergency or fire exit, or for maintenance purposes, or
7 which leads directly to a part of a building not regularly used by the
8 general public or patrons, is not deemed an "entrance".
9 § 12. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
10 beverage control law, as amended by chapter 185 of the laws of 2012, is
11 amended to read as follows:
12 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
13 (a) of this subdivision, the authority may issue a license pursuant to
14 this section for a premises which shall be within five hundred feet of
15 three or more existing premises licensed and operating pursuant to this
16 section and sections sixty-four, sixty-four-b, sixty-four-c, [and/or]
17 sixty-four-d, and/or sixty-four-e of this article if, after consultation
18 with the municipality or community board, it determines that granting
19 such license would be in the public interest. Before it may issue any
20 such license, the authority shall conduct a hearing, upon notice to the
21 applicant and the municipality or community board, and shall state and
22 file in its office its reasons therefor. Notice to the municipality or
23 community board shall mean written notice mailed by the authority to
24 such municipality or community board at least fifteen days in advance of
25 any hearing scheduled pursuant to this paragraph. Upon the request of
26 the authority, any municipality or community board may waive the fifteen
27 day notice requirement. The hearing may be rescheduled, adjourned or
28 continued, and the authority shall give notice to the applicant and the
29 municipality or community board of any such rescheduled, adjourned or
30 continued hearing. Before the authority issues any said license, the
31 authority or one or more of the commissioners thereof may, in addition
32 to the hearing required by this paragraph, also conduct a public meeting
33 regarding said license, upon notice to the applicant and the munici-
34 pality or community board. The public meeting may be rescheduled,
35 adjourned or continued, and the authority shall give notice to the
36 applicant and the municipality or community board of any such resched-
37 uled, adjourned or continued public meeting. No premises having been
38 granted a license pursuant to this section shall be denied a renewal of
39 such license upon the grounds that such premises are within five hundred
40 feet of a building or buildings wherein three or more premises are
41 licensed and operating pursuant to this section and sections sixty-four,
42 sixty-four-b, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
43 of this article.
44 § 13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b of
45 the alcoholic beverage control law, paragraph (a) as amended and para-
46 graph (b) as added by chapter 463 of the laws of 2009 and paragraph (c)
47 as amended by chapter 185 of the laws of 2012, are amended to read as
48 follows:
49 (a) No bottle club license shall be granted for any premises which
50 shall be
51 (i) on the same street or avenue and within two hundred feet of a
52 building occupied exclusively as a school, church, synagogue or other
53 place of worship; or
54 (ii) in a city, town or village having a population of twenty thousand
55 or more within five hundred feet of three or more existing premises
56 licensed and operating pursuant to this section and sections sixty-four,
A. 1380--A 11
1 sixty-four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
2 of this article;
3 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
4 are to be taken in straight lines from the center of the nearest
5 entrance of the premises sought to be licensed to the center of the
6 nearest entrance of such school, church, synagogue or other place of
7 worship or to the center of the nearest entrance of each such premises
8 licensed and operating pursuant to this section and sections sixty-four,
9 sixty-four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
10 of this article; except that no license shall be denied to any premises
11 at which a license under this chapter has been in existence continuously
12 from a date prior to the date when a building on the same street or
13 avenue and within two hundred feet of said premises has been occupied
14 exclusively as a school, church, synagogue or other place of worship;
15 and except that no license shall be denied to any premises, which is
16 within five hundred feet of three or more existing premises licensed and
17 operating pursuant to this section and sections sixty-four,
18 sixty-four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
19 of this article, at which a license under this chapter has been in
20 existence continuously on or prior to November first, nineteen hundred
21 ninety-three. The liquor authority, in its discretion, may authorize the
22 removal of any such licensed premises to a different location on the
23 same street or avenue, within two hundred feet of said school, church,
24 synagogue or other place of worship, provided that such new location is
25 not within a closer distance to such school, church, synagogue or other
26 place of worship.
27 (b) Within the context of this subdivision, the word "entrance" shall
28 mean a door of a school, of a house of worship, or of premises licensed
29 and operating pursuant to this section and sections sixty-four, sixty-
30 four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e of this
31 article or of the premises sought to be licensed, regularly used to give
32 ingress to students of the school, to the general public attending the
33 place of worship, and to patrons or guests of the premises licensed and
34 operating pursuant to this section and sections sixty-four,
35 sixty-four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e
36 of this article or of the premises sought to be licensed, except that
37 where a school or house of worship or premises licensed and operating
38 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
39 four-c, [and/or] sixty-four-d, and/or sixty-four-e of this article or
40 the premises sought to be licensed is set back from a public thorough-
41 fare, the walkway or stairs leading to any such door shall be deemed an
42 entrance; and the measurement shall be taken to the center of the walk-
43 way or stairs at the point where it meets the building line or public
44 thoroughfare. A door which has no exterior hardware, or which is used
45 solely as an emergency or fire exit, or for maintenance purposes, or
46 which leads directly to a part of a building not regularly used by the
47 general public or patrons, is not deemed an "entrance".
48 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
49 (a) of this subdivision, the authority may issue a license pursuant to
50 this section for a premises which shall be within five hundred feet of
51 three or more existing premises licensed and operating pursuant to this
52 section and sections sixty-four, sixty-four-a, sixty-four-c, [and/or]
53 sixty-four-d, and/or sixty-four-e of this article if, after consultation
54 with the municipality or community board, it determines that granting
55 such license would be in the public interest. Before it may issue any
56 such license, the authority shall conduct a hearing, upon notice to the
A. 1380--A 12
1 applicant and the municipality or community board, and shall state and
2 file in its office its reasons therefor. The hearing may be rescheduled,
3 adjourned or continued, and the authority shall give notice to the
4 applicant and the municipality or community board of any such resched-
5 uled, adjourned or continued hearing. Before the authority issues any
6 said license, the authority or one or more of the commissioners thereof
7 may, in addition to the hearing required by this paragraph, also conduct
8 a public meeting regarding said license, upon notice to the applicant
9 and the municipality or community board. The public meeting may be
10 rescheduled, adjourned or continued, and the authority shall give notice
11 to the applicant and the municipality or community board of any such
12 rescheduled, adjourned or continued public meeting. Notice to the muni-
13 cipality or community board shall mean written notice mailed by the
14 authority to such municipality or community board at least fifteen days
15 in advance of any hearing scheduled pursuant to this paragraph. Upon the
16 request of the authority, any municipality or community board may waive
17 the fifteen day notice requirement. No premises having been granted a
18 license pursuant to this section shall be denied a renewal of such
19 license upon the grounds that such premises are within five hundred feet
20 of a building or buildings wherein three or more premises are licensed
21 and operating pursuant to this section and sections sixty-four, sixty-
22 four-a, sixty-four-c, [and/or] sixty-four-d, and/or sixty-four-e of this
23 article.
24 § 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
25 beverage control law, as added by chapter 366 of the laws of 2012, is
26 amended to read as follows:
27 (a) For purposes of sections one hundred one and one hundred six of
28 this chapter, a person licensed under this section shall be deemed a
29 "retailer" as that term is defined within section three of this chapter.
30 Notwithstanding any provision of this chapter to the contrary, a person
31 licensed under this section may also be licensed (or interested directly
32 or indirectly in a license) to sell liquor at retail to be consumed on
33 or off the premises under section fifty-four, fifty-four-a, fifty-five,
34 fifty-five-a, seventy-nine or eighty-one of this chapter or sections
35 sixty-four, sixty-four-a, sixty-four-b [and], sixty-four-d, and sixty-
36 four-e of this article.
37 § 15. Subdivision 11 of section 64-c of the alcoholic beverage control
38 law, as amended by chapter 463 of the laws of 2009 and paragraph (c) as
39 amended by chapter 185 of the laws of 2012, is amended to read as
40 follows:
41 11. (a) No restaurant-brewer license shall be granted for any premises
42 which shall be:
43 (i) 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; or
46 (ii) in a city, town or village having a population of twenty thousand
47 or more within five hundred feet of three or more existing premises
48 licensed and operating pursuant to the provisions of this section or
49 sections sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
50 and sixty-four-e of this article; or
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. 1380--A 13
1 sixty-four-a, sixty-four-b [and/or], sixty-four-d, and sixty-four-e of
2 this article; except that no license shall be denied to any premises at
3 which a license under this chapter has been in existence continuously
4 from a date prior to the date when a building on the same street or
5 avenue and within two hundred feet of said premises has been occupied
6 exclusively as a school, church, synagogue or other place of worship and
7 except that no license shall be denied to any premises, which is within
8 five hundred feet of three or more existing premises licensed and oper-
9 ating pursuant to this section and sections sixty-four, sixty-four-a,
10 sixty-four-b [and/or], sixty-four-d, and sixty-four-e of this article,
11 at which a license under this chapter has been in existence continuously
12 on or prior to November first, nineteen hundred ninety-three.
13 (b) Within the context of this subdivision, the word "entrance" shall
14 mean a door of a school, of a house of worship, or premises licensed and
15 operating pursuant to this section and sections sixty-four,
16 sixty-four-a, sixty-four-b [and/or], sixty-four-d, and sixty-four-e of
17 this article or of the premises sought to be licensed, regularly used to
18 give ingress to students of the school, to the general public attending
19 the place of worship, and to patrons or guests of the premises licensed
20 and operating pursuant to this section and sections sixty-four, sixty-
21 four-a, sixty-four-b [and/or], sixty-four-d, and sixty-four-e of this
22 article or of the premises sought to be licensed, except that where a
23 school or house of worship or premises licensed and operating pursuant
24 to this section and sections sixty-four, sixty-four-a, sixty-four-b
25 [and/or], sixty-four-d, and/or sixty-four-e of this article is set back
26 from a public thoroughfare, the walkway or stairs leading to any such
27 door shall be deemed an entrance; and the measurement shall be taken to
28 the center of the walkway or stairs at the point where it meets the
29 building line or public thoroughfare. A door which has no exterior hard-
30 ware, or which is used solely as an emergency or fire exit, or for main-
31 tenance purposes, or which leads directly to a part of a building not
32 regularly used by the general public or patrons, is not deemed an
33 "entrance".
34 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
35 (a) of this subdivision, the authority may issue a license pursuant to
36 this section for a premises which shall be within five hundred feet of
37 three or more existing premises licensed and operating pursuant to this
38 section and sections sixty-four, sixty-four-a, sixty-four-b [and/or],
39 sixty-four-d, and/or sixty-four-e of this article if, after consultation
40 with the municipality or community board, it determines that granting
41 such license would be in the public interest. Before it may issue any
42 such license, the authority shall conduct a hearing, upon notice to the
43 applicant and the municipality or community board, and shall state and
44 file in its office its reasons therefor. The hearing may be rescheduled,
45 adjourned or continued, and the authority shall give notice to the
46 applicant and the municipality or community board of any such resched-
47 uled, adjourned or continued hearing. Before the authority issues any
48 said license, the authority or one or more of the commissioners thereof
49 may, in addition to the hearing required by this paragraph, also conduct
50 a public meeting regarding said license, upon notice to the applicant
51 and the municipality or community board. The public meeting may be
52 rescheduled, adjourned or continued, and the authority shall give notice
53 to the applicant and the municipality or community board of any such
54 rescheduled, adjourned or continued public meeting. Notice to the muni-
55 cipality or community board shall mean written notice mailed by the
56 authority to such municipality or community board at least fifteen days
A. 1380--A 14
1 in advance of any hearing scheduled pursuant to this paragraph. Upon the
2 request of the authority, any municipality or community board may waive
3 the fifteen day notice requirement. No premises having been granted a
4 license pursuant to this section shall be denied a renewal of such
5 license upon the grounds that such premises are within five hundred feet
6 of a building or buildings wherein three or more premises are operating
7 and licensed pursuant to this section or sections sixty-four, sixty-
8 four-a, sixty-four-b [and/or], sixty-four-d, and/or sixty-four-e of this
9 article.
10 § 16. Subdivision 8 of section 64-d of the alcoholic beverage control
11 law, as amended by chapter 463 of the laws of 2009 and paragraph (e) as
12 amended by chapter 185 of the laws of 2012, is amended to read as
13 follows:
14 8. No cabaret license shall be granted for any premises which shall
15 be:
16 (a) on the same street or avenue and within two hundred feet of a
17 building occupied exclusively as a school, church, synagogue or other
18 place of worship or
19 (b) in a city, town or village having a population of twenty thousand
20 or more within five hundred feet of an existing premises licensed and
21 operating pursuant to the provisions of this section, or within five
22 hundred feet of three or more existing premises licensed and operating
23 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
24 four-b, [and/or] sixty-four-c and/or sixty-four-e of this article.
25 (c) the measurements in paragraphs (a) and (b) of this subdivision are
26 to be taken in straight lines from the center of the nearest entrance of
27 the premises sought to be licensed to the center of the nearest entrance
28 of such school, church, synagogue or other place of worship or to the
29 center of the nearest entrance of each such premises licensed and oper-
30 ating pursuant to this section and sections sixty-four, sixty-four-a,
31 sixty-four-b, [and/or] sixty-four-c and/or sixty-four-e of this article;
32 except that no license shall be denied to any premises at which a
33 license under this chapter has been in existence continuously from a
34 date prior to the date when a building on the same street or avenue and
35 within two hundred feet of said premises has been occupied exclusively
36 as a school, church, synagogue or other place of worship; and except
37 that no license shall be denied to any premises, which is within five
38 hundred feet of an existing premises licensed and operating pursuant to
39 the provisions of this section or which is within five hundred feet of
40 three or more existing premises licensed and operating pursuant to this
41 section and sections sixty-four, sixty-four-a, sixty-four-b, [and/or]
42 sixty-four-c and/or sixty-four-e of this article, at which a license
43 under this chapter has been in existence continuously on or prior to
44 November first, nineteen hundred ninety-three. The liquor authority, in
45 its discretion, may authorize the removal of any such licensed premises
46 to a different location on the same street or avenue, within two hundred
47 feet of said school, church, synagogue or other place of worship,
48 provided that such new location is not within a closer distance to such
49 school, church, synagogue or other place of worship.
50 (d) within the context of this subdivision, the word "entrance" shall
51 mean a door of a school, of a house of worship, or of premises licensed
52 and operating pursuant to this section and sections sixty-four, sixty-
53 four-a, sixty-four-b, [and/or] sixty-four-c and/or sixty-four-e of this
54 article or of the premises sought to be licensed, regularly used to give
55 ingress to students of the school, to the general public attending the
56 place of worship, and to patrons or guests of the premises licensed and
A. 1380--A 15
1 operating pursuant to this section and sections sixty-four,
2 sixty-four-a, sixty-four-b, [and/or] sixty-four-c and/or sixty-four-e of
3 this article or of the premises sought to be licensed, except that where
4 a school or house of worship or premises licensed and operating pursuant
5 to this section and sections sixty-four, sixty-four-a, sixty-four-b,
6 [and/or] sixty-four-c and/or sixty-four-e of this article or the prem-
7 ises sought to be licensed is set back from a public thoroughfare, the
8 walkway or stairs leading to any such door shall be deemed an entrance;
9 and the measurement shall be taken to the center of the walkway or
10 stairs at the point where it meets the building line or public thorough-
11 fare. A door which has no exterior hardware, or which is used solely as
12 an emergency or fire exit, or for maintenance purposes, or which leads
13 directly to a part of a building not regularly used by the general
14 public or patrons, is not deemed an "entrance".
15 (e) 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 hundred feet of an existing premises
18 licensed and operating pursuant to the provisions of this section or
19 within five hundred feet of three or more existing premises licensed and
20 operating pursuant to this section and sections sixty-four,
21 sixty-four-a, sixty-four-b, [and/or] sixty-four-c and/or sixty-four-e of
22 this article if, after consultation with the municipality or community
23 board, it determines that granting such license would be in the public
24 interest. Before it may issue any such license, the authority shall
25 conduct a hearing, upon notice to the applicant and the municipality or
26 community board, and shall state and file in its office its reasons
27 therefor. The hearing may be rescheduled, adjourned or continued, and
28 the authority shall give notice to the applicant and the municipality or
29 community board of any such rescheduled, adjourned or continued hearing.
30 Before the authority issues any said license, the authority or one or
31 more of the commissioners thereof may, in addition to the hearing
32 required by this paragraph, also conduct a public meeting regarding said
33 license, upon notice to the applicant and the municipality or community
34 board. The public meeting may be rescheduled, adjourned or continued,
35 and the authority shall give notice to the applicant and the munici-
36 pality or community board of any such rescheduled, adjourned or contin-
37 ued public meeting. Notice to the municipality or community board shall
38 mean written notice mailed by the authority to such municipality or
39 community board at least fifteen days in advance of any hearing sched-
40 uled pursuant to this paragraph. Upon the request of the authority, any
41 municipality or community board may waive the fifteen day notice
42 requirement. No premises having been granted a license pursuant to this
43 section shall be denied a renewal of such license upon the grounds that
44 such premises are 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 a building or buildings wherein three or
47 more premises are licensed and operating pursuant to this section and
48 sections sixty-four, sixty-four-a, sixty-four-b, [and/or] sixty-four-c
49 and/or sixty-four-e of this article.
50 (f) Within the context of this subdivision, a building occupied as a
51 place of worship does not cease to be "exclusively" occupied as a place
52 of worship by incidental uses that are not of a nature to detract from
53 the predominant character of the building as a place of worship, such
54 uses which include, but which are not limited to: the conduct of legally
55 authorized games of bingo or other games of chance held as a means of
56 raising funds for the not-for-profit religious organization which
A. 1380--A 16
1 conducts services at the place of worship or for other not-for-profit
2 organizations or groups; use of the building for fund-raising perform-
3 ances by or benefitting the not-for-profit religious organization which
4 conducts services at the place of worship or other not-for-profit organ-
5 izations or groups; the use of the building by other religious organiza-
6 tions or groups for religious services or other purposes; the conduct of
7 social activities by or for the benefit of the congregants; the use of
8 the building for meetings held by organizations or groups providing
9 bereavement counseling to persons having suffered the loss of a loved
10 one, or providing advice or support for conditions or diseases includ-
11 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral
12 palsy, Parkinson's disease, or Alzheimer's disease; the use of the
13 building for blood drives, health screenings, health information meet-
14 ings, yoga classes, exercise classes or other activities intended to
15 promote the health of the congregants or other persons; and use of the
16 building by non-congregant members of the community for private social
17 functions. The building occupied as a place of worship does not cease to
18 be "exclusively" occupied as a place of worship where the not-for-profit
19 religious organization occupying the place of worship accepts the
20 payment of funds to defray costs related to another party's use of the
21 building.
22 § 17. Subdivision 4 of section 66 of the alcoholic beverage control
23 law, as amended by section 3 of part Z of chapter 85 of the laws of
24 2002, is amended to read as follows:
25 4. The annual fee for a license, under section sixty-four [or],
26 sixty-four-a[,] or sixty-four-e to sell liquor at retail to be consumed
27 on the premises where sold shall be twenty-one hundred seventy-six
28 dollars in the counties of New York, Kings, Bronx and Queens; fifteen
29 hundred thirty-six dollars in the county of Richmond and in cities
30 having a population of more than one hundred thousand and less than one
31 million; twelve hundred sixteen dollars in cities having a population of
32 more than fifty thousand and less than one hundred thousand; and the sum
33 of eight hundred ninety-six dollars elsewhere; except that the license
34 fees for catering establishments shall be two-thirds the license fee
35 specified herein and for clubs, except luncheon clubs and golf clubs,
36 shall be seven hundred fifty dollars in counties of New York, Kings,
37 Bronx and Queens; five hundred dollars in the county of Richmond and in
38 cities having a population of more than one hundred thousand and less
39 than one million; three hundred fifty dollars in cities having a popu-
40 lation of more than fifty thousand and less than one hundred thousand;
41 and the sum of two hundred fifty dollars elsewhere. The annual fees for
42 luncheon clubs shall be three hundred seventy-five dollars, and for golf
43 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
44 mond and Westchester, two hundred fifty dollars, and elsewhere one
45 hundred eighty-seven dollars and fifty cents. Notwithstanding any other
46 provision of law to the contrary, there shall be no annual fee for a
47 license, under section sixty-four, to sell liquor at retail to be
48 consumed on the premises where the applicant is an organization organ-
49 ized under section two hundred sixty of the military law and incorpo-
50 rated pursuant to the not-for-profit corporation law. Provided, howev-
51 er, that where any premises for which a license is issued pursuant to
52 section sixty-four [or], sixty-four-a or sixty-four-e of this article
53 remain open only within the period commencing April first and ending
54 October thirty-first of any one year, or only within the period commenc-
55 ing October first and ending the following April thirtieth, the liquor
56 authority may, in its discretion, grant a summer or winter license
A. 1380--A 17
1 effective only for such appropriate period of time, for which a license
2 fee shall be paid to be pro-rated for the period for which such license
3 is effective, at the rate provided for in the city, town or village in
4 which such premises are located, except that no such license fee shall
5 be less than one-half of the regular annual license fee; provided
6 further that where the premises to be licensed are a race track or a
7 golf course or are licensed pursuant to section sixty-four [or], sixty-
8 four-a, or sixty-four-e of this chapter, the period of such summer
9 license may commence March first and end November thirtieth.
10 Where a hotel, restaurant, club, golf course or race track is open
11 prior to April first and/or subsequent to October thirty-first by reason
12 of the issuance of a caterer's permit or permits issued by the authori-
13 ty, such fact alone shall not affect the eligibility of the premises or
14 the person owning or operating such hotel, restaurant, club, golf course
15 or race track for a summer license.
16 § 18. Paragraph a of subdivision 4 of section 81-a of the alcoholic
17 beverage control law, as added by chapter 666 of the laws of 1987, is
18 amended to read as follows:
19 a. No such license shall be issued to any person for any premises
20 other than premises for which a license may be issued under section
21 sixty-four or sixty-four-e of this chapter or a hotel or premises which
22 are kept, used, maintained, advertised or held out to the public to be a
23 place where food is prepared and served for consumption on the premises
24 in such quantities as to satisfy the liquor authority that the sale of
25 wine intended is incidental to and not the prime source of revenue from
26 the operation of such premises. Such license may also include such suit-
27 able space outside the licensed premises and adjoining it as may be
28 approved by the liquor authority.
29 § 19. Subdivision 7 of section 100 of the alcoholic beverage control
30 law, as added by chapter 256 of the laws of 1978, is amended to read as
31 follows:
32 7. Within ten days after filing a new application to sell liquor at
33 retail under section sixty-three, sixty-four, sixty-four-a [or], sixty-
34 four-b or sixty-four-e of this chapter, a notice thereof, in the form
35 prescribed by the authority, shall be posted by the applicant in a
36 conspicuous place at the entrance to the proposed premises. The appli-
37 cant shall make reasonable efforts to insure such notice shall remain
38 posted throughout the pendency of the application. The provisions hereof
39 shall apply only where no retail liquor license has previously been
40 granted for the proposed premise and shall, specifically, not be appli-
41 cable to a proposed sale of an existing business engaged in the retail
42 sale of liquor. The authority may adopt such rules it may deem necessary
43 to carry out the purpose of this subdivision.
44 § 20. The closing paragraph of subdivision 2 of section 102 of the
45 alcoholic beverage control law, as added by section 1 of part OO of
46 chapter 56 of the laws of 2010, is amended to read as follows:
47 As used in this subdivision, "recreational facility" shall mean: (i)
48 premises that are part of a facility the principal business of which
49 shall be the providing of recreation in the form of golf, tennis, swim-
50 ming, skiing or boating; and (ii) premises in which the principal busi-
51 ness shall be the operation of a theatre, motion picture theatre,
52 concert hall, opera house, bowling establishment, excursion and sight-
53 seeing vessel, or accommodation of athletic events, sporting events,
54 expositions and other similar events or occasions requiring the accommo-
55 dation of large gatherings of persons.
A. 1380--A 18
1 § 21. Subdivision 1 of section 110-a of the alcoholic beverage control
2 law, as added by chapter 77 of the laws of 1999, is amended to read as
3 follows:
4 1. Every person applying for a license to sell alcoholic beverages
5 pursuant to subdivision four of section fifty-one, or section fifty-
6 five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-e, eighty-one
7 or eighty-one-a of this chapter shall publish notice thereof pursuant to
8 subdivision two of this section.
9 § 22. Subdivision 1 of section 110-b of the alcoholic beverage control
10 law, as amended by chapter 560 of the laws of 2011, is amended to read
11 as follows:
12 1. Not less than thirty days before filing any of the following appli-
13 cations, an applicant shall notify the municipality in which the prem-
14 ises is located of such applicant's intent to file such an application:
15 (a) for a license issued pursuant to section fifty-five, fifty-five-a,
16 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
17 sixty-four-e, eighty-one or eighty-one-a of this chapter;
18 (b) for a renewal under section one hundred nine of this chapter of a
19 license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
20 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-e, eighty-one or
21 eighty-one-a of this chapter if the premises is located within the city
22 of New York;
23 (c) for approval of an alteration under section ninety-nine-d of this
24 chapter if the premises is located within the city of New York and
25 licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
26 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-e, eighty-one or
27 eighty-one-a of this chapter; or
28 (d) for approval of a substantial corporate change under section nine-
29 ty-nine-d of this chapter if the premises is located within the city of
30 New York and licensed pursuant to section fifty-five, fifty-five-a,
31 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-e,
32 eighty-one or eighty-one-a of this chapter.
33 § 23. Section 67 of the alcoholic beverage control law, as amended by
34 section 4 of part Z of chapter 85 of the laws of 2002, is amended to
35 read as follows:
36 § 67. License fees, duration of licenses; fee for part of year.
37 Effective April first, nineteen hundred eighty-three, licenses issued
38 pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
39 sixty-four-a [and], sixty-four-b and sixty-four-e of this article shall
40 be effective for three years at three times that annual fee, except
41 that, in implementing the purposes of this section, the liquor authority
42 shall schedule the commencement dates, duration and expiration dates
43 thereof to provide for an equal cycle of license renewals issued under
44 each such section through the course of the fiscal year. Effective
45 December first, nineteen hundred ninety-eight, licenses issued pursuant
46 to sections sixty-four, sixty-four-a [and], sixty-four-b and
47 sixty-four-e of this article shall be effective for two years at two
48 times that annual fee, except that, in implementing the purposes of this
49 section, the liquor authority shall schedule the commencement dates,
50 duration and expiration dates thereof to provide for an equal cycle of
51 license renewals issued under each such section through the course of
52 the fiscal year. Notwithstanding the foregoing, commencing on December
53 first, nineteen hundred ninety-eight and concluding on July thirty-
54 first, two thousand two, a licensee issued a license pursuant to section
55 sixty-four, sixty-four-a [or], sixty-four-b or sixty-four-e of this
56 article may elect to remit the fee for such license in equal annual
A. 1380--A 19
1 installments. Such installments shall be due on dates established by the
2 liquor authority and the failure of a licensee to have remitted such
3 annual installments after a due date shall be a violation of this chap-
4 ter. For licenses issued for less than the three-year licensing period,
5 the license fee shall be levied on a pro-rated basis. The entire license
6 fee shall be due and payable at the time of application. The liquor
7 authority may make such rules as shall be appropriate to carry out the
8 purpose of this section.
9 § 24. This act shall take effect immediately, provided, however, that
10 the amendments to subdivision 3 of section 17 of the alcoholic beverage
11 control law made by section three of this act shall not affect the expi-
12 ration of such subdivision and shall be deemed to expire therewith.
