Bill S2372-2009

Provides that establishments that serve alcoholic beverages shall be at least five hundred feet from a school, church, synagogue or other place of worship; repealer

Provides that establishments that serve alcoholic beverages shall be at least five hundred feet, rather than two hundred feet, from a school, church, synagogue or other place of worship; provides that such five hundred foot distance shall be measured from any point on the structure of such buildings, rather than from the entrance.

Details

Actions

  • Jan 6, 2010: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Feb 19, 2009: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

 BILL NUMBER:  S2372

TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to the distances of certain establishments from a school, church, synagogue or other place of worship; and to repeal certain provisions of such law relating thereto

PURPOSE : The subject bill amends various sections of the Alcoholic Beverage Control Law to increase the distance from 200 to 500 feet that liquor establishments must be from any school, church, synagogue or other place of worship. The bill also makes it clear that the building occupied by such school, church, synagogue or other place of worship need not be the only entity occupying said building.

JUSTIFICATION : Currently, more and more liquor licenses are being granted which border on our schools, churches and synagogues causing disruption to them. Moreover, many schools or places of worship are in buildings with multiple uses. As the current law now stands such schools or places of worship could have a bar right next to them and the 200 foot barrier wouldn't apply since the building is not occupied exclusively as a school or place of worship. The subject bill would correct this oversight.

LEGISLATIVE HISTORY : S.3602 of 2007-08; S.2137 of 2005-06.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2372 2009-2010 Regular Sessions IN SENATE February 19, 2009 ___________
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the alcoholic beverage control law, in relation to the distances of certain establishments from a school, church, synagogue or other place of worship; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (c) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 177 of the laws of 1996, are amended to read as follows: (a) on the same street or avenue and within [two] FIVE hundred feet of a building occupied [exclusively] as a school, church, synagogue or other place of worship or (c) the measurements in paragraphs (a) and (b) of this subdivision are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to [the center of the nearest entrance] ANY POINT of such school, church, synagogue or other place of worship or to [the center of the nearest entrance] ANY POINT 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 main- tained as a bona fide hotel, restaurant, catering establishment or club on or prior to December fifth, nineteen hundred thirty-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 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 cater- ing 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 author- ize 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, syna- gogue or other place of worship. S 2. Paragraph (d) of subdivision 7 of section 64 of the alcoholic beverage control law is REPEALED. S 3. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chap- ter 177 of the laws of 1996, are amended to read as follows: (i) on the same street or avenue and within [two] FIVE hundred feet of a building occupied [exclusively] as a school, church, synagogue or other place of worship or (iii) the measurements in subparagraphs (i) and (ii) of this paragraph are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to [the center of the nearest entrance] ANY POINT of such school, church, synagogue or other place of worship or to [the center of the nearest entrance] ANY POINT 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 shall be denied to any premises, which is within five hundred feet of three or more existing premises licensed and oper- ating 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 4. Paragraph (b) of subdivision 7 of section 64-a of the alcoholic beverage control law is REPEALED. S 5. Paragraph (a) of subdivision 5 of section 64-b of the alcoholic beverage control law, as amended by chapter 406 of the laws of 2007, is amended to read as follows: (a) No bottle club license shall be granted for any premises which shall be on the same street or avenue and within [two] FIVE 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 center of the nearest entrance] ANY POINT of such school, church, synagogue or other place of worship to [the center of the near- est entrance] ANY POINT of the premises to be licensed; 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. S 6. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 11 of section 64-c of the alcoholic beverage control law, as added by chapter 538 of the laws of 1997, are amended to read as follows: (i) on the same street or avenue and within [two] FIVE hundred feet of a building occupied [exclusively] as a school, church, synagogue or other place of worship; or (iii) the measurements in subparagraphs (i) and (ii) of this paragraph are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to [the center of the nearest entrance] ANY POINT of such school, church, synagogue or other place of worship or to [the center of the nearest entrance] ANY POINT 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 shall be denied to any premises, which is within five hundred feet of three or more existing premises licensed and oper- ating 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, nine- teen hundred ninety-three. S 7. Paragraph (b) of subdivision 11 of section 64-c of the alcoholic beverage control law is REPEALED. S 8. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic beverage control law, as amended by chapter 406 of the laws of 2007, is amended to read as follows: (a) on the same street or avenue and within [two] FIVE hundred feet of a building occupied [exclusively] as a school, church, synagogue or other place of worship or S 9. Paragraphs (a) and (b) of subdivision 3 of section 105 of the alcoholic beverage control law, as amended by chapter 406 of the laws of 2007, is amended to read as follows: (a) 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] FIVE 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 center of the nearest entrance] ANY POINT to the building used for such school, church, synagogue or other place of worship to [the center of the nearest entrance] ANY POINT of the premises to be licensed; except, however, 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. [(b) Within the context of this subdivision, the word "entrance" shall mean a door of a school, of a house of worship, or of the premises sought to be licensed, regularly used to give ingress to students of the school, to the general public attending the place of worship, and to patrons or guests of the premises proposed to be licensed, except that where a school or house of worship is set back from a public thorough- fare, the walkway or stairs leading to any such door shall be deemed an
entrance; and the measurement shall be taken to the center of the walk- way or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or patrons, is not deemed an "entrance".]
S 10. This act shall take effect immediately.

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