Relates to the siting of certain premises, located in counties with a population in excess of one million, licensed to sell liquor for consumption on the premises; provides that required distances from schools and places of worship and from existing licensed premises shall be measured from the closest boundary lines instead of from the center of the entrances of such premises.
STATE OF NEW YORK
________________________________________________________________________
1917
2011-2012 Regular Sessions
IN ASSEMBLY
January 12, 2011
___________
Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to the
siting of certain premises licensed to sell liquor for consumption on
the premises, which premises are located in cities with populations in
excess of one million people
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d-1) of subdivision 7 of section 64 of the alco-
2 holic beverage control law, as amended by chapter 463 of the laws of
3 2009, is amended and a new paragraph (d-2) is added to read as follows:
4 (d-1) Within the context of this subdivision, a building occupied as a
5 place of worship does not cease to be "exclusively" occupied as a place
6 of worship by incidental uses that are not of a nature to detract from
7 the predominant character of the building as a place of worship, such
8 uses which include, but which are not limited to: the conduct of legally
9 authorized games of bingo or other games of chance held as a means of
10 raising funds for the not-for-profit religious organization which
11 conducts services at the place of worship or for other not-for-profit
12 organizations or groups; use of the building for fund-raising perform-
13 ances by or [benefitting] benefiting the not-for-profit religious organ-
14 ization which conducts services at the place of worship or other not-
15 for-profit organizations or groups; the use of the building by other
16 religious organizations or groups for religious services or other
17 purposes; the conduct of social activities by or for the benefit of the
18 congregants; the use of the building for meetings held by organizations
19 or groups providing bereavement counseling to persons having suffered
20 the loss of a loved one, or providing advice or support for conditions
21 or diseases including, but not limited to, alcoholism, drug addiction,
22 cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
23 use of the building for blood drives, health screenings, health informa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00108-01-1
A. 1917 2
1 tion meetings, yoga classes, exercise classes or other activities
2 intended to promote the health of the congregants or other persons; and
3 use of the building by non-congregant members of the community for
4 private social functions. The building occupied as a place of worship
5 does not cease to be "exclusively" occupied as a place of worship where
6 the not-for-profit religious organization occupying the place of worship
7 accepts the payment of funds to defray costs related to another party's
8 use of the building.
9 (d-2) Notwithstanding the provisions of paragraphs (c) and (d) of this
10 subdivision, with respect to cities having populations in excess of one
11 million people, the measurements in paragraphs (a) and (b) of this
12 subdivision are to be taken in straight lines from the point on the
13 property boundary line of the premises to be licensed that is closest to
14 the property boundary line of such school, church, synagogue or other
15 place of worship to the closest point on the property boundary line of
16 such school, church, synagogue or other place of worship or from the
17 point on the property boundary line of the premises to be licensed that
18 is closest to the property boundary line of a premises licensed and
19 operating pursuant to this section to the closest point on the boundary
20 line of each such premises licensed and operating pursuant to the
21 provisions of this section; except, however, that no renewal license
22 shall be denied because of such restriction to any premises so located
23 which were maintained as a bona fide hotel, restaurant, catering estab-
24 lishment or club on or prior to December fifth, nineteen hundred thir-
25 ty-three; and, except that no license shall be denied to any premises at
26 which a license under this chapter has been in existence continuously
27 from a date prior to the date when a building on the same street or
28 avenue and within two hundred feet of said premises has been occupied
29 exclusively as a school, church, synagogue or other place of worship;
30 and except that no license or renewal thereof shall be denied to any
31 premises pursuant to this section at which a license under this chapter
32 has been in existence continuously from a date prior to December thir-
33 ty-first, two thousand eleven; and except that no license shall be
34 denied to any premises, which is within five hundred feet of three or
35 more existing premises licensed and operating pursuant to the provisions
36 of this section, at which a license under this chapter has been in
37 existence continuously on or prior to November first, nineteen hundred
38 ninety-three; and except that this subdivision shall not be deemed to
39 restrict the issuance of a hotel liquor license to a building used as a
40 hotel and in which a restaurant liquor license currently exists for
41 premises which serve as a dining room for guests of the hotel and a
42 caterer's license to a person using the permanent catering facilities of
43 a church, synagogue or other place of worship pursuant to a written
44 agreement between such person and the authorities in charge of such
45 facilities. The liquor authority, in its discretion, may authorize the
46 removal of any such licensed premises to a different location on the
47 same street or avenue, within two hundred feet of said school, church,
48 synagogue or other place of worship, provided that such new location is
49 not within a closer distance to such school, church, synagogue or other
50 place of worship.
51 § 2. Subdivision 7 of section 64-a of the alcoholic beverage control
52 law is amended by adding a new paragraph (b-1) to read as follows:
53 (b-1) Notwithstanding the provisions of subparagraph (iii) of para-
54 graph (a) and paragraph (b) of this subdivision, with respect to cities
55 having populations in excess of one million people, the measurements in
56 subparagraphs (i) and (ii) of paragraph (a) of this subdivision are to
A. 1917 3
1 be taken in straight lines from the point on the property boundary line
2 of the premises to be licensed that is closest to the property boundary
3 line of such school, church, synagogue or other place of worship to the
4 closest point on the property boundary line of such school, church,
5 synagogue or other place of worship, or from the point on the property
6 boundary line of the premises to be licensed that is closest to the
7 property boundary line of a premises licensed and operating pursuant to
8 this section to the closest point on the boundary line of each such
9 premises licensed and operating pursuant to the provisions of this
10 section; except that no license shall be denied to any premises at which
11 a license under this chapter has been in existence continuously from a
12 date prior to the date when a building on the same street or avenue and
13 within two hundred feet of said premises has been occupied exclusively
14 as a school, church, synagogue or other place of worship; and except
15 that no license or renewal thereof shall be denied to any premises
16 pursuant to this section at which a license under this chapter has been
17 in existence continuously from a date prior to December thirty-first,
18 two thousand eleven; and except that no license shall be denied to any
19 premises, which is within five hundred feet of three or more existing
20 premises licensed and operating pursuant to the provisions of this
21 section, at which a license under this chapter has been in existence
22 continuously on or prior to November first, nineteen hundred ninety-
23 three.
24 § 3. Subdivision 5 of section 64-b of the alcoholic beverage control
25 law is amended by adding a new paragraph (a-1) to read as follows:
26 (a-1) Notwithstanding the provisions of paragraph (a) of this subdivi-
27 sion, with respect to cities having populations in excess of one million
28 people, no bottle club license shall be granted for any premises which
29 shall be on the same street or avenue and within two hundred feet of a
30 building occupied exclusively as a school, church, synagogue or other
31 place of worship; the measurements to be taken in a straight line from
32 the point on the property boundary line of the premises to be licensed
33 that is closest to the property boundary line of such school, church,
34 synagogue or other place of worship to the closest point on the property
35 boundary line of such school, church, synagogue or other place of
36 worship; except that no license shall be denied to any premises at which
37 a license under this chapter has been in existence continuously from a
38 date prior to the date when a building on the same street or avenue and
39 within two hundred feet of said premises has been occupied exclusively
40 as a school, church, synagogue or other place of worship; and except
41 that no license or renewal thereof shall be denied to any premises
42 pursuant to this section at which a license under this chapter has been
43 in existence continuously from a date prior to December thirty-first,
44 two thousand eleven.
45 § 4. Paragraph (d) of subdivision 11 of section 64-c of the alcoholic
46 beverage control law, as amended by chapter 463 of the laws of 2009, is
47 amended and a new paragraph (b-1) is added to read as follows:
48 (b-1) Notwithstanding the provisions of subparagraph (iii) of para-
49 graph (a) and paragraph (b) of this subdivision, with respect to cities
50 having populations in excess of one million people, the measurements in
51 subparagraphs (i) and (ii) of paragraph (a) of this subdivision are to
52 be taken in straight lines from the point on the property boundary line
53 of the premises to be licensed that is closest to the property boundary
54 line of such school, church, synagogue or other place of worship to the
55 closest point on the property boundary line of such school, church,
56 synagogue or other place of worship, or from the point on the property
A. 1917 4
1 boundary line of the premises to be licensed that is closest to the
2 property boundary line of a premises licensed and operating pursuant to
3 this section to the closest point on the boundary line of each such
4 premises licensed and operating pursuant to the provisions of this
5 section; except that no license shall be denied to any premises at which
6 a license under this chapter has been in existence continuously from a
7 date prior to the date when a building on the same street or avenue and
8 within two hundred feet of said premises has been occupied exclusively
9 as a school, church, synagogue or other place of worship; and except
10 that no license or renewal thereof shall be denied to any premises
11 pursuant to this section at which a license under this chapter has been
12 in existence continuously from a date prior to December thirty-first,
13 two thousand eleven; and except that no license shall be denied to any
14 premises, which is within five hundred feet of three or more existing
15 premises licensed and operating pursuant to the provisions of this
16 section or section sixty-four or sixty-four-a of this article, at which
17 a license under this chapter has been in existence continuously on or
18 prior to November first, nineteen hundred ninety-three.
19 (d) Within the context of this subdivision, a building occupied as a
20 place of worship does not cease to be "exclusively" occupied as a place
21 of worship by incidental uses that are not of a nature to detract from
22 the predominant character of the building as a place of worship, such
23 uses which include, but which are not limited to: the conduct of legally
24 authorized games of bingo or other games of chance held as a means of
25 raising funds for the not-for-profit religious organization which
26 conducts services at the place of worship or for other not-for-profit
27 organizations or groups; use of the building for fund-raising perform-
28 ances by or [benefitting] benefiting the not-for-profit religious organ-
29 ization which conducts services at the place of worship or other not-
30 for-profit organizations or groups; the use of the building by other
31 religious organizations or groups for religious services or other
32 purposes; the conduct of social activities by or for the benefit of the
33 congregants; the use of the building for meetings held by organizations
34 or groups providing bereavement counseling to persons having suffered
35 the loss of a loved one, or providing advice or support for conditions
36 or diseases including, but not limited to, alcoholism, drug addiction,
37 cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
38 use of the building for blood drives, health screenings, health informa-
39 tion meetings, yoga classes, exercise classes or other activities
40 intended to promote the health of the congregants or other persons; and
41 use of the building by non-congregant members of the community for
42 private social functions. The building occupied as a place of worship
43 does not cease to be "exclusively" occupied as a place of worship where
44 the not-for-profit religious organization occupying the place of worship
45 accepts the payment of funds to defray costs related to another party's
46 use of the building.
47 § 5. Paragraph (c) of subdivision 3 of section 105 of the alcoholic
48 beverage control law, as added by chapter 406 of the laws of 2007, is
49 amended and a new paragraph (b-1) is added to read as follows:
50 (b-1) Notwithstanding the provisions of paragraphs (a) and (b) of this
51 subdivision, with respect to cities having populations in excess of one
52 million people, no retail license to sell liquor and/or wine for off-
53 premises consumption shall be granted for any premises which shall be
54 located on the same street or avenue, and within two hundred feet of a
55 building occupied exclusively as a school, church, synagogue or other
56 place of worship; the measurements to be taken in a straight line from
A. 1917 5
1 the point on the property boundary line of the premises to be licensed
2 that is closest to the property boundary line of such school, church,
3 synagogue or other place of worship to the closest point on the property
4 boundary line of such school, church, synagogue or other place of
5 worship; except, however, that no license shall be denied to any prem-
6 ises at which a license under this chapter has been in existence contin-
7 uously from a date prior to the date when a building on the same street
8 or avenue and within two hundred feet of said premises has been occupied
9 exclusively as a school, church, synagogue or other place of worship;
10 and except that no license or renewal thereof shall be denied to any
11 premises pursuant to this section at which a license under this chapter
12 has been in existence continuously from a date prior to December thir-
13 ty-first, two thousand eleven.
14 (c) Within the context of this subdivision, a building occupied as a
15 place of worship does not cease to be "exclusively" occupied as a place
16 of worship by incidental uses that are not of a nature to detract from
17 the predominant character of the building as a place of worship, such
18 uses which include, but which are not limited to: the conduct of legally
19 authorized games of bingo or other games of chance held as a means of
20 raising funds for the not-for-profit religious organization which
21 conducts services at the place of worship or for other not-for-profit
22 organizations or groups; use of the building for fund-raising perform-
23 ances by or [benefitting] benefiting the not-for-profit religious
24 [organizations] organization which conducts services at the place of
25 worship or other not-for-profit organizations or groups; the use of the
26 building by other religious organizations or groups for religious
27 services or other purposes; the conduct of social activities by or for
28 the benefit of the congregants; the use of the building for meetings
29 held by organizations or groups providing bereavement counseling to
30 persons having suffered the loss of a loved one, or providing advice or
31 support for conditions or diseases including, but not limited to, alco-
32 holism, drug addiction, cancer, cerebral palsy, Parkinson's disease, or
33 Alzheimer's disease; the use of the building for blood drives, health
34 screenings, health information meetings, yoga classes, exercise classes
35 or other activities intended to promote the health of the congregants or
36 other persons; and use of the building by non-congregant members of the
37 community for private social functions. The building occupied as a place
38 of worship does not cease to be "exclusively" occupied as a place of
39 worship where the not-for-profit religious organization occupying the
40 place of worship accepts the payment of funds to defray costs related to
41 another party's use of the building.
42 § 6. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law.
