Relates to a license to sell liquor at retail for consumption on certain premises.
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: This bill will permit the authority to issue a retail license for on-premises consumption in an establishment that is within two hundred feet of a place of worship and situated on Main Street, the singular mile long street utilized as the primary central business district by the City of Beacon.
SUMMARY OF PROVISIONS: Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-6) which permits for on-premises conception for a premise, located in the bill by mets and bounds, and is within two hundred feet of a place of worship.
JUSTIFICATION: In a letter composed by the Mayor of the City of Beacon, dated April 21, 2014, it is stated that the premise is a nationally recognized dining and music establishment that is currently occupying a building on Main Street that was vacant for some time. "The presence of the (establishment) has enhanced restoration of the central portion of the City's Main Street business corridor. Like many former industrial cities in New York State and the Hudson Valley, Beacon has sought to revitalize its downtown areas. Beacon is accomplishing that by developing a reputation as a leader in the Hudson Valley for arts, music and fine dining. The (establishment) has become one of the jewels, among many, in the City."
It should be noted that the establishment and the place of worship are located on Beacon's Main Street, which is a mile long and the primary location for business and retail establishments. Additionally the location of the establishment is within one small block from Route 52, which is the primary connector to the Village of Fishkill, The Town of Fishkill and Route 9, which is Dutchess County's main commercial business thoroughfare. As such the establishment is located in the vicinity of a highly used intersection.
While the establishment is located within 200 feet of a place of worship, the main entrance to the establishment is at the rear of the building, from a municipal parking lot where the vast majority of the patrons park and enter the building. The place of worship is on the opposite side of Main Street from the establishment. Additionally, the hours of use when patrons would attend a performance at the establishment is not in conflict with services provided at the place of worship, which primarily occur during the day.
The letter from the mayor continues to state, "The City, its residents and its businesses have already noted the beneficial impact of the establishment's presence in Beacon and the police have not reported any issues or concerns. I have reviewed this matter with the City's Building Inspector and Police Chief, both of whom support the legislation and endorse this letter."
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7827 IN SENATE June 12, 2014 ___________Introduced by Sen. BALL -- 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 EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES 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 KINGS, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BEACON, COUNTY OF DUTCHESS, AND THE STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF MAIN STREET, SAID POINT BEING NORTH 53 DEGREES 01 MINUTES 40 SECONDS WEST A DISTANCE OF 250.21 FEET FROM THE INTERSECTION OF THE SAID SOUTHERLY LINE OF MAIN STREET WITH THE WESTERLY LINE OF TELLER AVENUE, SAID POINT OF BEGINNING ALSO BEING THE SOUTHEASTERLY CORNER OF THE PORTION OF THE PARCEL DESCRIBED IN L. 2011 P. 4608 WHICH IS NOW OR FORMERLY OCCUPIED BY THE TOWN CRIER CAFE. THENCE THROUGH SAID PARCEL SOUTH 36 DEGREES 58 MINUTES 20 SECONDS WEST A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THE PORTION OF THE SAID PARCEL WHICH IS NOW OR FORMERLY OCCU- PIED BY THE TOWN CRIER CAFE; THENCE ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY CITY OF BEACON (LIBER 1555 CP. 43) NORTH 53 DEGREES 01 MINUTES 40 SECONDS WEST AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14733-01-4 S. 7827 2
DISTANCE OF 84.98 FEET TO A POINT IN THE EASTERLY LINE OF VETERANS PLACE (A/K/A NEW STREET); THENCE ALONG THE SAID EASTERLY LINE OF VETERANS PLACE (A/K/A NEW STREET) NORTH 36 DEGREES 58 MINUTES 20 SECONDS EAST A DISTANCE OF 100.00 FEET TO THE INTERSECTION OF THE SAID EASTERLY LINE OF VETERANS PLACE (A/K/A NEW STREET) WITH THE SAID SOUTHERLY LINE OF MAIN STREET; THENCE ALONG THE SAID SOUTHERLY LINE OF MAIN STREET SOUTH 53 DEGREES 01 MINUTES 40 SECONDS EAST A DISTANCE OF 84.98 FEET TO THE POINT OR PLACE OF BEGINNING. S 2. This act shall take effect immediately.