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

                                  6062

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development, Job Creation, Commerce and Industry

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  granting of retail licenses for on-premises consumption

  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, as amended by chapter 177 of the laws  of  1996,  paragraph
(d-1)  as  added  by chapter 406 of the laws of 2007, paragraph (e-1) as
added by chapter 497 of the laws of 2003, paragraph (e-2)  as  added  by
chapter  21  of the laws of 2005, paragraph (e-3) as added by chapter 76
of the laws of 2007 and paragraph (f) as amended by chapter 602  of  the
laws of 1999, is amended to read as follows:
  7.  No retail license for on-premises consumption shall be granted for
any premises which shall be
  (a) on the same street or avenue and within [two] THREE hundred  FIFTY
feet  of  a building occupied exclusively as a school, COMMUNITY CENTER,
SENIOR CITIZENS' CENTER, church, synagogue or other place of worship or
  (b) in a city, town or village having a population of twenty  thousand
or  more  within [five] SIX hundred FIFTY feet of three or more existing
premises licensed and operating  pursuant  to  the  provisions  of  this
section;
  (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
of such school, COMMUNITY CENTER, SENIOR CITIZENS' CENTER, church, syna-
gogue or other place of worship or to the center of the nearest entrance
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 establishment or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08947-01-9
              

A. 6062                             2

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,  COMMUNITY CENTER, SENIOR CITIZENS' CENTER, church, syna-
gogue 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 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, COMMUNITY
CENTER, SENIOR CITIZENS' CENTER, church, synagogue  or  other  place  of
worship, provided that such new location is not within a closer distance
to such school, COMMUNITY CENTER, SENIOR CITIZENS' CENTER, church, syna-
gogue or other place of worship.
  (d)  Within the context of this subdivision, the word "entrance" shall
mean a door of a school, OF A COMMUNITY CENTER, OF  A  SENIOR  CITIZENS'
CENTER, of a house of worship, or premises licensed and operating pursu-
ant  to  the  provisions of this section or of the premises sought to be
licensed, regularly used to give ingress to students of the  school,  TO
THE  GENERAL  PUBLIC  VISITING  THE COMMUNITY CENTER OR SENIOR CITIZENS'
CENTER, to the general public attending the place  of  worship,  and  to
patrons or guests of the premises licensed and operating pursuant to the
provisions  of  this  section  or of the premises sought to be licensed,
except that where a school, COMMUNITY CENTER, SENIOR CITIZENS' CENTER or
house of worship or premises licensed  and  operating  pursuant  to  the
provisions  of  this section is set back from a public thoroughfare, 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 walkway or
stairs at the point where it meets the building line or public thorough-
fare. 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".
  (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 the not-for-profit religious organization  which
conducts services at the place of worship or other not-for-profit organ-
izations or groups; the use of the building by other religious organiza-

A. 6062                             3

tions 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  includ-
ing,  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 information meet-
ings, 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.
  (e)  Notwithstanding  the  provisions of this chapter to the contrary,
the authority may issue a  license  to  sell  liquor  at  retail  to  be
consumed  on  premises  to a club as such term is defined in subdivision
nine of section three of this chapter whether or  not  the  building  in
which the premises for which such license is to be issued is used exclu-
sively  for  club  purposes  and  whether or not such premises is within
[two] THREE hundred FIFTY feet of  a  building  used  exclusively  as  a
school,  COMMUNITY CENTER, SENIOR CITIZENS' CENTER, church, synagogue or
place of worship if such club is  affiliated  or  associated  with  such
school,  COMMUNITY CENTER, SENIOR CITIZENS' CENTER, church, synagogue or
place of worship and  the  governing  body  of  such  school,  COMMUNITY
CENTER,  SENIOR  CITIZENS'  CENTER,  church, synagogue or other place of
worship has filed written notice with  the  authority  that  it  has  no
objection to the issuance of such license.
  (e-1) 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 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 and/or an  overnight
lodging  facility located wholly within the boundaries of the borough of
Manhattan in the city and county of New York, bounded and  described  as
follows:
  BEGINNING at a point on the southerly side of 49th Street, distant 160
feet easterly from the corner formed by the intersection of the souther-
ly  side  of  49th  Street with the easterly side of 8th Avenue; running
thence southerly, parallel with 8th Avenue  and  part  of  the  distance
through  a party wall, 100 feet 5 inches to the center line of the block
between 48th and 49th Streets; thence easterly along the center line  of
the  block, 40 feet; thence northerly, parallel with 8th Avenue and part
of the distance through a party wall, 100 feet 5 inches to the southerly
side of 49th Street; thence westerly along the southerly  side  of  49th
Street,  40  feet  to the point or place of beginning. Premises known as
240 and 242 West 49th Street, New York City.  Being  the  same  premises
described  in  deed  made by Hotel Mayfair Inc. to Harry Etkin and Freda
Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250.
  (e-2) 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 within two hundred feet of a building
occupied  exclusively  as a church, synagogue or other place of worship,

A. 6062                             4

provided such premises constitutes 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 Ulster, bounded and described as
follows:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements  erected  thereon,  situated  in the Village of Ellenville,
Town of Wawarsing, County of Ulster and State of New York, being further
bounded and described as follows:
  Beginning at a three-quarter inch  diameter  iron  rod  found  on  the
southwesterly  bounds  of Canal Street, marking the northeasterly corner
of the lands, now or formerly, John Georges, as described in liber  2645
of deeds at page 278.
  Thence  along  the  southeasterly bounds of the lands of John Georges,
passing 1.42 feet northwesterly from the  southwesterly  corner  of  the
building  situated  on  the premises described herein, South thirty-nine
degrees, forty-one minutes, fifty-two seconds West,  one  hundred  fifty
and  zero  hundredths  feet (S 39-41-52 W, 150.00') to the northeasterly
bounds of the lands, now or formerly, Thomas  Powers,  as  described  in
liber  1521  of deeds at page 749. Thence along the northeasterly bounds
of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
sixteen seconds East, twenty-eight and zero hundredths feet (S  50-39-16
E, 28.00').
  Thence  passing  1.92 feet southeasterly from the southeasterly corner
of the building situated on the premises described herein.  North  thir-
ty-nine  degrees, forty-one minutes, fifty-two seconds East, one hundred
fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the  southwes-
terly bounds of Canal Street.
  Thence  along  the  southwesterly  bounds of Canal Street, North fifty
degrees, thirty-nine minutes, sixteen  seconds  West,  twenty-eight  and
zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
  Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
  Being  the  same  premises as conveyed by deed dated September 2, 1999
from Chris M. Camio as Executor of the Last Will and Testament of  Alice
Manzo  to  Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
September 15, 1999 in Liber 2966 at page 291.
  The undivided interests of John Harris and Alfred S. Dannhauser having
been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
in the Ulster County Clerk's Office in Liber 3213 p 65.
  (e-3) 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 within [two] THREE hundred FIFTY feet
of  a  building occupied exclusively as a school, provided such premises
constitutes a premises for the sale of food or beverages at  retail  for
consumption on the premises and/or an overnight lodging facility located
wholly within the boundaries of the borough of Manhattan in the city and
county of New York, bounded and described as follows:
  Beginning  at  a  point  on the southerly side of 46th street, distant
three hundred fifty (350) feet westerly from the corner  formed  by  the
intersection of the westerly side of Sixth Avenue with the said souther-
ly  side of 46th street. Running thence southerly parallel with the said
westerly side of Sixth Avenue and for part of  the  distance  through  a
party  wall,  one  hundred  (100)  feet four (4) inches; thence westerly
parallel with the southerly side  of  46th  street,  eighty  (80)  feet;
thence  northerly again parallel with the westerly side of Sixth Avenue,
one hundred (100) feet four (4) inches to the  southerly  side  of  46th

A. 6062                             5

street;  and  thence  easterly  along  the  said  southerly side of 46th
street, eighty (80) feet to the point or place  of  beginning.  Premises
known  as  130  West 46th Street, New York City. Being the same premises
described in deed made by Massachusetts Mutual Life Insurance Company to
West  46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
Office of the City Register, New York County, on  February  6,  2007  as
CFRN 2007000069808.
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a retail license for on-premises  consump-
tion  for a premises which shall be within [five] SIX hundred FIFTY feet
of three or more existing premises licensed and  operating  pursuant  to
the  provisions  of this section if, after consultation with the munici-
pality or community board AND AN ON-SITE VISIT TO INVESTIGATE THE  PREM-
ISES SEEKING THE LICENSE AND THE SURROUNDING NEIGHBORHOOD, it determines
that  granting  such  license would be in the public interest. Before it
may issue any such license, the authority shall conduct a hearing,  upon
notice  to  the  applicant  and the municipality or community board, and
shall state and file in its office its reasons therefor. Notice  to  the
municipality  or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen  days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request  of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having  been  granted  a
license  pursuant  to  this  section  shall  be denied a renewal of such
license upon the grounds  that  such  premises  are  within  [five]  SIX
hundred  FIFTY  feet  of  a  building or buildings wherein three or more
premises are operating and licensed pursuant to this section.
  S 2. This act shall take effect immediately.