Extends the size of areas for which granting on-premises retail licenses is restricted: extends from 200 feet to 350 feet the area around certain listed buildings (i.e., any building occupied exclusively as a school, church, synagogue or other place of worship) in which a retail license for on-premises consumption may not be granted, and adds community center and senior centers to list of protected buildings around which such licenses are so restricted; for cities, towns and villages of 20,000 or more, increases the distance from 3 or more existing premises for which a license for a premises cannot be granted except under certain limited specified circumstances (i.e., changes current rule that a retail license for on-premises consumption shall not be granted for a premises that is within 500 feet of 3 or more existing premises, to provide that a retail license for on-premises consumption shall not be granted for a premises that is within 650 feet of 3 or more existing premises); provides that with respect to the limited, specified circumstances under which a license may be granted for a premises located within 650 feet of 3 or more of existing premises, an on-site visit by the authority to investigate the premises seeking the license and the surrounding neighborhood is required.
STATE OF NEW YORK
________________________________________________________________________
6062
2009-2010 Regular Sessions
IN ASSEMBLY
February 24, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to the
granting of retail licenses for on-premises consumption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 64 of the alcoholic beverage
2 control law, as amended by chapter 177 of the laws of 1996, paragraph
3 (d-1) as added by chapter 406 of the laws of 2007, paragraph (e-1) as
4 added by chapter 497 of the laws of 2003, paragraph (e-2) as added by
5 chapter 21 of the laws of 2005, paragraph (e-3) as added by chapter 76
6 of the laws of 2007 and paragraph (f) as amended by chapter 602 of the
7 laws of 1999, is amended to read as follows:
8 7. No retail license for on-premises consumption shall be granted for
9 any premises which shall be
10 (a) on the same street or avenue and within [two] three hundred fifty
11 feet of a building occupied exclusively as a school, community center,
12 senior citizens' center, church, synagogue or other place of worship or
13 (b) in a city, town or village having a population of twenty thousand
14 or more within [five] six hundred fifty feet of three or more existing
15 premises licensed and operating pursuant to the provisions of this
16 section;
17 (c) the measurements in paragraphs (a) and (b) of this subdivision are
18 to be taken in straight lines from the center of the nearest entrance of
19 the premises sought to be licensed to the center of the nearest entrance
20 of such school, community center, senior citizens' center, church, syna-
21 gogue or other place of worship or to the center of the nearest entrance
22 of each such premises licensed and operating pursuant to the provisions
23 of this section; except, however, that no renewal license shall be
24 denied because of such restriction to any premises so located which were
25 maintained as a bona fide hotel, restaurant, catering establishment or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08947-01-9
A. 6062 2
1 club on or prior to December fifth, nineteen hundred thirty-three; and,
2 except that no license shall be denied to any premises at which a
3 license under this chapter has been in existence continuously from a
4 date prior to the date when a building on the same street or avenue and
5 within two hundred feet of said premises has been occupied exclusively
6 as a school, community center, senior citizens' center, church, syna-
7 gogue or other place of worship; and except that no license shall be
8 denied to any premises, which is within five hundred feet of three or
9 more existing premises licensed and operating pursuant to the provisions
10 of this section, at which a license under this chapter has been in
11 existence continuously on or prior to November first, nineteen hundred
12 ninety-three; and except that this subdivision shall not be deemed to
13 restrict the issuance of a hotel liquor license to a building used as a
14 hotel and in which a restaurant liquor license currently exists for
15 premises which serve as a dining room for guests of the hotel and a
16 caterer's license to a person using the permanent catering facilities of
17 a church, synagogue or other place of worship pursuant to a written
18 agreement between such person and the authorities in charge of such
19 facilities. The liquor authority, in its discretion, may authorize the
20 removal of any such licensed premises to a different location on the
21 same street or avenue, within two hundred feet of said school, community
22 center, senior citizens' center, church, synagogue or other place of
23 worship, provided that such new location is not within a closer distance
24 to such school, community center, senior citizens' center, church, syna-
25 gogue or other place of worship.
26 (d) Within the context of this subdivision, the word "entrance" shall
27 mean a door of a school, of a community center, of a senior citizens'
28 center, of a house of worship, or premises licensed and operating pursu-
29 ant to the provisions of this section or of the premises sought to be
30 licensed, regularly used to give ingress to students of the school, to
31 the general public visiting the community center or senior citizens'
32 center, to the general public attending the place of worship, and to
33 patrons or guests of the premises licensed and operating pursuant to the
34 provisions of this section or of the premises sought to be licensed,
35 except that where a school, community center, senior citizens' center or
36 house of worship or premises licensed and operating pursuant to the
37 provisions of this section is set back from a public thoroughfare, the
38 walkway or stairs leading to any such door shall be deemed an entrance;
39 and the measurement shall be taken to the center of the walkway or
40 stairs at the point where it meets the building line or public thorough-
41 fare. A door which has no exterior hardware, or which is used solely as
42 an emergency or fire exit, or for maintenance purposes, or which leads
43 directly to a part of a building not regularly used by the general
44 public or patrons, is not deemed an "entrance".
45 (d-1) Within the context of this subdivision, a building occupied as a
46 place of worship does not cease to be "exclusively" occupied as a place
47 of worship by incidental uses that are not of a nature to detract from
48 the predominant character of the building as a place of worship, such
49 uses which include, but which are not limited to: the conduct of legally
50 authorized games of bingo or other games of chance held as a means of
51 raising funds for the not-for-profit religious organization which
52 conducts services at the place of worship or for other not-for-profit
53 organizations or groups; use of the building for fund-raising perform-
54 ances by or benefitting the not-for-profit religious organization which
55 conducts services at the place of worship or other not-for-profit organ-
56 izations or groups; the use of the building by other religious organiza-
A. 6062 3
1 tions or groups for religious services or other purposes; the conduct of
2 social activities by or for the benefit of the congregants; the use of
3 the building for meetings held by organizations or groups providing
4 bereavement counseling to persons having suffered the loss of a loved
5 one, or providing advice or support for conditions or diseases includ-
6 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral
7 palsy, Parkinson's disease, or Alzheimer's disease; the use of the
8 building for blood drives, health screenings, health information meet-
9 ings, yoga classes, exercise classes or other activities intended to
10 promote the health of the congregants or other persons; and use of the
11 building by non-congregant members of the community for private social
12 functions. The building occupied as a place of worship does not cease to
13 be "exclusively" occupied as a place of worship where the not-for-profit
14 religious organization occupying the place of worship accepts the
15 payment of funds to defray costs related to another party's use of the
16 building.
17 (e) Notwithstanding the provisions of this chapter to the contrary,
18 the authority may issue a license to sell liquor at retail to be
19 consumed on premises to a club as such term is defined in subdivision
20 nine of section three of this chapter whether or not the building in
21 which the premises for which such license is to be issued is used exclu-
22 sively for club purposes and whether or not such premises is within
23 [two] three hundred fifty feet of a building used exclusively as a
24 school, community center, senior citizens' center, church, synagogue or
25 place of worship if such club is affiliated or associated with such
26 school, community center, senior citizens' center, church, synagogue or
27 place of worship and the governing body of such school, community
28 center, senior citizens' center, church, synagogue or other place of
29 worship has filed written notice with the authority that it has no
30 objection to the issuance of such license.
31 (e-1) Notwithstanding the provisions of paragraph (a) of this subdivi-
32 sion, the authority may issue a retail license for on-premises consump-
33 tion for a premises which shall be within two hundred feet of a building
34 occupied exclusively as a church, synagogue or other place of worship,
35 provided such premises constitutes a premises for the sale of food or
36 beverages at retail for consumption on the premises and/or an overnight
37 lodging facility located wholly within the boundaries of the borough of
38 Manhattan in the city and county of New York, bounded and described as
39 follows:
40 BEGINNING at a point on the southerly side of 49th Street, distant 160
41 feet easterly from the corner formed by the intersection of the souther-
42 ly side of 49th Street with the easterly side of 8th Avenue; running
43 thence southerly, parallel with 8th Avenue and part of the distance
44 through a party wall, 100 feet 5 inches to the center line of the block
45 between 48th and 49th Streets; thence easterly along the center line of
46 the block, 40 feet; thence northerly, parallel with 8th Avenue and part
47 of the distance through a party wall, 100 feet 5 inches to the southerly
48 side of 49th Street; thence westerly along the southerly side of 49th
49 Street, 40 feet to the point or place of beginning. Premises known as
50 240 and 242 West 49th Street, New York City. Being the same premises
51 described in deed made by Hotel Mayfair Inc. to Harry Etkin and Freda
52 Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250.
53 (e-2) Notwithstanding the provisions of paragraph (a) of this subdivi-
54 sion, the authority may issue a retail license for on-premises consump-
55 tion for a premises which shall be within two hundred feet of a building
56 occupied exclusively as a church, synagogue or other place of worship,
A. 6062 4
1 provided such premises constitutes a premises for the sale of food or
2 beverages at retail for consumption on the premises located wholly with-
3 in the boundaries of the county of Ulster, bounded and described as
4 follows:
5 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
6 improvements erected thereon, situated in the Village of Ellenville,
7 Town of Wawarsing, County of Ulster and State of New York, being further
8 bounded and described as follows:
9 Beginning at a three-quarter inch diameter iron rod found on the
10 southwesterly bounds of Canal Street, marking the northeasterly corner
11 of the lands, now or formerly, John Georges, as described in liber 2645
12 of deeds at page 278.
13 Thence along the southeasterly bounds of the lands of John Georges,
14 passing 1.42 feet northwesterly from the southwesterly corner of the
15 building situated on the premises described herein, South thirty-nine
16 degrees, forty-one minutes, fifty-two seconds West, one hundred fifty
17 and zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly
18 bounds of the lands, now or formerly, Thomas Powers, as described in
19 liber 1521 of deeds at page 749. Thence along the northeasterly bounds
20 of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
21 sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16
22 E, 28.00').
23 Thence passing 1.92 feet southeasterly from the southeasterly corner
24 of the building situated on the premises described herein. North thir-
25 ty-nine degrees, forty-one minutes, fifty-two seconds East, one hundred
26 fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the southwes-
27 terly bounds of Canal Street.
28 Thence along the southwesterly bounds of Canal Street, North fifty
29 degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and
30 zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
31 Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
32 Being the same premises as conveyed by deed dated September 2, 1999
33 from Chris M. Camio as Executor of the Last Will and Testament of Alice
34 Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
35 Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
36 September 15, 1999 in Liber 2966 at page 291.
37 The undivided interests of John Harris and Alfred S. Dannhauser having
38 been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
39 in the Ulster County Clerk's Office in Liber 3213 p 65.
40 (e-3) Notwithstanding the provisions of paragraph (a) of this subdivi-
41 sion, the authority may issue a retail license for on-premises consump-
42 tion for a premises which shall be within [two] three hundred fifty feet
43 of a building occupied exclusively as a school, provided such premises
44 constitutes a premises for the sale of food or beverages at retail for
45 consumption on the premises and/or an overnight lodging facility located
46 wholly within the boundaries of the borough of Manhattan in the city and
47 county of New York, bounded and described as follows:
48 Beginning at a point on the southerly side of 46th street, distant
49 three hundred fifty (350) feet westerly from the corner formed by the
50 intersection of the westerly side of Sixth Avenue with the said souther-
51 ly side of 46th street. Running thence southerly parallel with the said
52 westerly side of Sixth Avenue and for part of the distance through a
53 party wall, one hundred (100) feet four (4) inches; thence westerly
54 parallel with the southerly side of 46th street, eighty (80) feet;
55 thence northerly again parallel with the westerly side of Sixth Avenue,
56 one hundred (100) feet four (4) inches to the southerly side of 46th
A. 6062 5
1 street; and thence easterly along the said southerly side of 46th
2 street, eighty (80) feet to the point or place of beginning. Premises
3 known as 130 West 46th Street, New York City. Being the same premises
4 described in deed made by Massachusetts Mutual Life Insurance Company to
5 West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
6 Office of the City Register, New York County, on February 6, 2007 as
7 CFRN 2007000069808.
8 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
9 sion, the authority may issue a retail license for on-premises consump-
10 tion for a premises which shall be within [five] six hundred fifty feet
11 of three or more existing premises licensed and operating pursuant to
12 the provisions of this section if, after consultation with the munici-
13 pality or community board and an on-site visit to investigate the prem-
14 ises seeking the license and the surrounding neighborhood, it determines
15 that granting such license would be in the public interest. Before it
16 may issue any such license, the authority shall conduct a hearing, upon
17 notice to the applicant and the municipality or community board, and
18 shall state and file in its office its reasons therefor. Notice to the
19 municipality or community board shall mean written notice mailed by the
20 authority to such municipality or community board at least fifteen days
21 in advance of any hearing scheduled pursuant to this paragraph. Upon the
22 request of the authority, any municipality or community board may waive
23 the fifteen day notice requirement. No premises having been granted a
24 license pursuant to this section shall be denied a renewal of such
25 license upon the grounds that such premises are within [five] six
26 hundred fifty feet of a building or buildings wherein three or more
27 premises are operating and licensed pursuant to this section.
28 § 2. This act shall take effect immediately.
