S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1917

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. Paragraph (d-1) of subdivision 7 of section 64 of the alco-
holic  beverage  control  law,  as amended by chapter 463 of the laws of
2009, is amended and a new paragraph (d-2) is added to read as follows:
  (d-1) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a  place
of  worship  by incidental uses that are not of a nature to detract from
the predominant character of the building as a place  of  worship,  such
uses which include, but which are not limited to: the conduct of legally
authorized  games  of  bingo or other games of chance held as a means of
raising  funds  for  the  not-for-profit  religious  organization  which
conducts  services  at  the place of worship or for other not-for-profit
organizations or groups; use of the building for  fund-raising  perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization  which  conducts  services at the place of worship or other not-
for-profit organizations or groups; the use of  the  building  by  other
religious  organizations  or  groups  for  religious  services  or other
purposes; the conduct of social activities by or for the benefit of  the
congregants;  the use of the building for meetings held by organizations
or groups providing bereavement counseling to  persons  having  suffered
the  loss  of a loved one, or providing advice or support for conditions
or diseases including, but not limited to, alcoholism,  drug  addiction,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
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

tion  meetings,  yoga  classes,  exercise  classes  or  other activities
intended to promote the health of the congregants or other persons;  and
use  of  the  building  by  non-congregant  members of the community for
private  social  functions.  The building occupied as a place of worship
does not cease to be "exclusively" occupied as a place of worship  where
the not-for-profit religious organization occupying the place of worship
accepts  the payment of funds to defray costs related to another party's
use of the building.
  (D-2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF THIS
SUBDIVISION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF  ONE
MILLION  PEOPLE,  THE  MEASUREMENTS  IN  PARAGRAPHS  (A) AND (B) OF THIS
SUBDIVISION ARE TO BE TAKEN IN STRAIGHT LINES  FROM  THE  POINT  ON  THE
PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO
THE  PROPERTY  BOUNDARY  LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF
SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR OTHER PLACE OF WORSHIP OR FROM THE
POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED  THAT
IS  CLOSEST  TO  THE  PROPERTY  BOUNDARY LINE OF A PREMISES LICENSED AND
OPERATING PURSUANT TO THIS SECTION TO THE CLOSEST POINT ON THE  BOUNDARY
LINE  OF  EACH  SUCH  PREMISES  LICENSED  AND  OPERATING PURSUANT TO THE
PROVISIONS OF THIS SECTION; EXCEPT, HOWEVER,  THAT  NO  RENEWAL  LICENSE
SHALL  BE  DENIED BECAUSE OF SUCH RESTRICTION TO ANY PREMISES SO LOCATED
WHICH WERE MAINTAINED AS A BONA FIDE HOTEL, RESTAURANT, CATERING  ESTAB-
LISHMENT  OR  CLUB ON OR PRIOR TO DECEMBER FIFTH, NINETEEN HUNDRED THIR-
TY-THREE; AND, EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT
WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN  IN  EXISTENCE  CONTINUOUSLY
FROM  A  DATE  PRIOR  TO  THE DATE WHEN A BUILDING ON THE SAME STREET OR
AVENUE AND WITHIN TWO HUNDRED FEET OF SAID PREMISES  HAS  BEEN  OCCUPIED
EXCLUSIVELY  AS  A  SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP;
AND EXCEPT THAT NO LICENSE OR RENEWAL THEREOF SHALL  BE  DENIED  TO  ANY
PREMISES  PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER
HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO  DECEMBER  THIR-
TY-FIRST,  TWO  THOUSAND  ELEVEN;  AND  EXCEPT  THAT NO LICENSE SHALL BE
DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET  OF  THREE  OR
MORE EXISTING PREMISES LICENSED AND OPERATING PURSUANT TO THE PROVISIONS
OF  THIS  SECTION,  AT  WHICH  A  LICENSE UNDER THIS CHAPTER HAS BEEN IN
EXISTENCE CONTINUOUSLY ON OR PRIOR TO NOVEMBER FIRST,  NINETEEN  HUNDRED
NINETY-THREE;  AND  EXCEPT  THAT THIS SUBDIVISION SHALL NOT BE DEEMED TO
RESTRICT THE ISSUANCE OF A HOTEL LIQUOR LICENSE TO A BUILDING USED AS  A
HOTEL  AND  IN  WHICH  A  RESTAURANT LIQUOR LICENSE CURRENTLY EXISTS FOR
PREMISES WHICH SERVE AS A DINING ROOM FOR GUESTS  OF  THE  HOTEL  AND  A
CATERER'S LICENSE TO A PERSON USING THE PERMANENT CATERING FACILITIES OF
A  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE OF WORSHIP PURSUANT TO A WRITTEN
AGREEMENT BETWEEN SUCH PERSON AND THE  AUTHORITIES  IN  CHARGE  OF  SUCH
FACILITIES.  THE  LIQUOR AUTHORITY, IN ITS DISCRETION, MAY AUTHORIZE THE
REMOVAL OF ANY SUCH LICENSED PREMISES TO A  DIFFERENT  LOCATION  ON  THE
SAME  STREET  OR AVENUE, WITHIN TWO HUNDRED FEET OF SAID SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED THAT SUCH NEW LOCATION  IS
NOT  WITHIN A CLOSER DISTANCE TO SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP.
  S 2. Subdivision 7 of section 64-a of the alcoholic  beverage  control
law is amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO  CITIES
HAVING  POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION  ARE  TO

A. 1917                             3

BE  TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY LINE
OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY  BOUNDARY
LINE  OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE
CLOSEST  POINT  ON  THE  PROPERTY  BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP, OR FROM THE POINT ON  THE  PROPERTY
BOUNDARY  LINE  OF  THE  PREMISES  TO BE LICENSED THAT IS CLOSEST TO THE
PROPERTY BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT  TO
THIS  SECTION  TO  THE  CLOSEST  POINT ON THE BOUNDARY LINE OF EACH SUCH
PREMISES LICENSED AND OPERATING  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION; EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH
A  LICENSE  UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A
DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE  AND
WITHIN  TWO  HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY
AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE  OF  WORSHIP;  AND  EXCEPT
THAT  NO  LICENSE  OR  RENEWAL  THEREOF  SHALL BE DENIED TO ANY PREMISES
PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS  BEEN
IN  EXISTENCE  CONTINUOUSLY  FROM A DATE PRIOR TO DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN; AND EXCEPT THAT NO LICENSE SHALL BE DENIED  TO  ANY
PREMISES,  WHICH  IS  WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING
PREMISES LICENSED AND OPERATING  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION,  AT  WHICH  A  LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE
CONTINUOUSLY  ON  OR  PRIOR  TO   NOVEMBER   FIRST,   NINETEEN   HUNDRED
NINETY-THREE.
  S  3.  Subdivision 5 of section 64-b of the alcoholic beverage control
law is amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE MILLION
PEOPLE, NO BOTTLE CLUB LICENSE SHALL BE GRANTED FOR ANY  PREMISES  WHICH
SHALL  BE  ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE  OF  WORSHIP; THE MEASUREMENTS TO BE TAKEN IN A STRAIGHT LINE FROM
THE POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO  BE  LICENSED
THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY LINE OF SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF
WORSHIP; EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH
A  LICENSE  UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A
DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE  AND
WITHIN  TWO  HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY
AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE  OF  WORSHIP;  AND  EXCEPT
THAT  NO  LICENSE  OR  RENEWAL  THEREOF  SHALL BE DENIED TO ANY PREMISES
PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS  BEEN
IN  EXISTENCE  CONTINUOUSLY  FROM A DATE PRIOR TO DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN.
  S 4. Paragraph (d) of subdivision 11 of section 64-c of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended and a new paragraph (b-1) is added to read as follows:
  (B-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH  (III)  OF  PARA-
GRAPH  (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO CITIES
HAVING POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS  IN
SUBPARAGRAPHS  (I)  AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION ARE TO
BE TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY  LINE
OF  THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY BOUNDARY
LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO  THE
CLOSEST  POINT  ON  THE  PROPERTY  BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP, OR FROM THE POINT ON  THE  PROPERTY

A. 1917                             4

BOUNDARY  LINE  OF  THE  PREMISES  TO BE LICENSED THAT IS CLOSEST TO THE
PROPERTY BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT  TO
THIS  SECTION  TO  THE  CLOSEST  POINT ON THE BOUNDARY LINE OF EACH SUCH
PREMISES  LICENSED  AND  OPERATING  PURSUANT  TO  THE PROVISIONS OF THIS
SECTION; EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH
A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY  FROM  A
DATE  PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE AND
WITHIN TWO HUNDRED FEET OF SAID PREMISES HAS BEEN  OCCUPIED  EXCLUSIVELY
AS  A  SCHOOL,  CHURCH,  SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND EXCEPT
THAT NO LICENSE OR RENEWAL THEREOF  SHALL  BE  DENIED  TO  ANY  PREMISES
PURSUANT  TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR  TO  DECEMBER  THIRTY-FIRST,
TWO  THOUSAND  ELEVEN; AND EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY
PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET OF THREE  OR  MORE  EXISTING
PREMISES  LICENSED  AND  OPERATING  PURSUANT  TO  THE PROVISIONS OF THIS
SECTION OR SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS ARTICLE, AT  WHICH
A  LICENSE  UNDER  THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY ON OR
PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED NINETY-THREE.
  (d) Within the context of this subdivision, a building occupied  as  a
place  of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to  detract  from
the  predominant  character  of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as  a  means  of
raising  funds  for  the  not-for-profit  religious  organization  which
conducts services at the place of worship or  for  other  not-for-profit
organizations  or  groups; use of the building for fund-raising perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization which conducts services at the place of worship  or  other  not-
for-profit  organizations  or  groups;  the use of the building by other
religious organizations  or  groups  for  religious  services  or  other
purposes;  the conduct of social activities by or for the benefit of the
congregants; the use of the building for meetings held by  organizations
or  groups  providing  bereavement counseling to persons having suffered
the loss of a loved one, or providing advice or support  for  conditions
or  diseases  including, but not limited to, alcoholism, drug addiction,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
use of the building for blood drives, health screenings, health informa-
tion meetings,  yoga  classes,  exercise  classes  or  other  activities
intended  to promote the health of the congregants or other persons; and
use of the building by  non-congregant  members  of  the  community  for
private  social  functions.  The building occupied as a place of worship
does not cease to be "exclusively" occupied as a place of worship  where
the not-for-profit religious organization occupying the place of worship
accepts  the payment of funds to defray costs related to another party's
use of the building.
  S 5. Paragraph (c) of subdivision 3 of section 105  of  the  alcoholic
beverage  control  law,  as added by chapter 406 of the laws of 2007, is
amended and a new paragraph (b-1) is added to read as follows:
  (B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF  ONE
MILLION  PEOPLE,  NO  RETAIL  LICENSE  TO  SELL  LIQUOR  AND/OR WINE FOR
OFF-PREMISES CONSUMPTION SHALL BE GRANTED FOR ANY PREMISES  WHICH  SHALL
BE  LOCATED ON THE SAME STREET OR AVENUE, AND WITHIN TWO HUNDRED FEET OF
A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR  OTHER
PLACE  OF  WORSHIP; THE MEASUREMENTS TO BE TAKEN IN A STRAIGHT LINE FROM

A. 1917                             5

THE POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO  BE  LICENSED
THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY  LINE  OF  SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR OTHER PLACE OF
WORSHIP; EXCEPT, HOWEVER, THAT NO LICENSE SHALL BE DENIED TO  ANY  PREM-
ISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTIN-
UOUSLY  FROM A DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET
OR AVENUE AND WITHIN TWO HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER  PLACE  OF  WORSHIP;
AND  EXCEPT  THAT  NO  LICENSE OR RENEWAL THEREOF SHALL BE DENIED TO ANY
PREMISES PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS  CHAPTER
HAS  BEEN  IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO DECEMBER THIR-
TY-FIRST, TWO THOUSAND ELEVEN.
  (c) Within the context of this subdivision, a building occupied  as  a
place  of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to  detract  from
the  predominant  character  of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as  a  means  of
raising  funds  for  the  not-for-profit  religious  organization  which
conducts services at the place of worship or  for  other  not-for-profit
organizations  or  groups; use of the building for fund-raising perform-
ances  by  or  [benefitting]  BENEFITING  the  not-for-profit  religious
[organizations]  ORGANIZATION  which  conducts  services at the place of
worship or other not-for-profit organizations or groups; the use of  the
building  by  other  religious  organizations  or  groups  for religious
services or other purposes; the conduct of social activities by  or  for
the  benefit  of  the  congregants; the use of the building for meetings
held by organizations or  groups  providing  bereavement  counseling  to
persons  having suffered the loss of a loved one, or providing advice or
support for conditions or diseases including, but not limited to,  alco-
holism,  drug addiction, cancer, cerebral palsy, Parkinson's disease, or
Alzheimer's disease; the use of the building for  blood  drives,  health
screenings,  health information meetings, yoga classes, exercise classes
or other activities intended to promote the health of the congregants or
other persons; and use of the building by non-congregant members of  the
community for private social functions. The building occupied as a place
of  worship  does  not  cease to be "exclusively" occupied as a place of
worship where the not-for-profit religious  organization  occupying  the
place of worship accepts the payment of funds to defray costs related to
another party's use of the building.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.