Relates to an exemption to the 200 foot rule for a liquor license at 161 Grand Street.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises
PURPOSE OR GENERAL IDEA OF BILL:
Exemption for a liquor license at 161 Grand Street.
SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 7 of section 64 of the ABC Law is amended by adding a new paragraph (e-6).
The liquor license application at 161 Grand Street has received approval from the community board and support from nearby residents. The bar will be owned and operated by two long time community members who have invested a tremendous amount of time and money to operate a high-end craft cocktail establishment.
The State Liquor Authority denied the liquor license application because they defined a local store-front church building located within 200 feet of the establishment as being exclusively used as a church despite the fact that the second and third floors of the building are apartments which can at any time be rented out or used for a function unrelated to the church.
Therefore Legislation is needed to remedy the impact of this decision by allowing a liquor license to be granted.
PRIOR LEGISLATIVE HISTORY:
STATE OF NEW YORK ________________________________________________________________________ 6653 IN SENATE February 24, 2014 ___________Introduced by Sen. DILAN -- 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 a license to sell liquor at retail for consumption on certain premises 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-6) to read as follows: (E-6) 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 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 WITH- IN THE BOUNDARIES OF THE COUNTY OF KINGS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF GRAND STREET, DISTANT THREE HUNDRED AND NINETEEN FEET AND THREE INCHES EASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY OF GRAND STREET WITH THE EASTERLY SIDE OF BERRY (FORMERLY THIRD) STREET, WHICH POINT OF BEGINNING IS WHERE A LINE DRAWN ALONG THE EASTERLY WALL OF THE HOUSE NOW OR FORMERLY OWNED BY ONE SCHAEFER INTERSECTS THE NORTHERLY SIDE OF GRAND STREET; RUNNING THENCE NORTHERLY ALONG THE EASTERLY WALL OF THE HOUSE NOW OR FORMERLY OWNED BY ONE SCHAEFER, SEVENTY ONE FEET AND SIX INCHES; THENCE EASTERLY NEARLY PARALLEL WITH GRAND STREET, EIGHTEEN FEET AND FIVE INCHES; THENCE SOUTHERLY, SEVENTY FEET AND SEVEN INCHES TO THE NORTHERLY SIDE OF GRAND STREET AT A POINT, SIXTEEN FEET EASTERLY FROM THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE NORTHERLY SIDE OF GRAND STREET, SIXTEEN 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. LBD11683-01-3