Provides an exemption for a retail liquor license in the county of Erie.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Krueger, Libous
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing an exemption for a retail liquor license
PURPOSE: This bill amends Section 64 of the alcohol beverage control law in relation to allowing a family restaurant located within 200 feet of a school to hold a liquor license.
JUSTIFICATION: This bill will help a local Erie Country establishment currently in good standing stay in business. This establishment, Brick Oven Bistro, already has a permit to sell beer and wine, meaning they are grandfathered in and allowed to disregard the 200 foot rule. They would like to expand their beverage selection, but are unable to do so because of their proximity to a school building. This bill will help keep this restaurant in business without increasing the outlets for alcohol near a school, seeing as this establishment is already permitted to sell alcoholic beverages.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4129 2013-2014 Regular Sessions IN SENATE March 11, 2013 ___________Introduced by Sen. GALLIVAN -- 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 providing an exemption for a retail liquor license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-5) to read as follows: (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP- TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ERIE, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF ABBOTT ROAD, DISTANT TWO HUNDRED FIVE AND FIFTY NINE HUNDREDTHS FEET NORTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF ABBOTT ROAD WITH THE NORTHERLY SIDE OF SHENANDOAH ROAD; RUNNING THENCE NORTHERLY, PARALLEL WITH ABBOTT ROAD, EIGHT FIVE FEET TO THE INTERSECTION OF EASTERLY SIDE OF ABBOTT ROAD WITH THE SOUTHERLY SIDE OF NARAGANSETT ROAD; THENCE EAST- ERLY, PARALLEL WITH NARAGANSETT ROAD, ONE HUNDRED FORTY FEET; THENCE SOUTHERLY, PARALLEL WITH ABBOTT ROAD, EIGHT FIVE FEET; THENCE WESTERLY, PARALLEL WITH NARAGANSETT ROAD, ONE HUNDRED FORTY FEET. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09431-01-3