S T A T E O F N E W Y O R K
________________________________________________________________________
1375
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
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 463 of the laws of 2009, 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 this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article;
(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 this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-
four-d of this article; 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 club on or prior to December fifth, nineteen hundred thirty-three;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03672-01-1
A. 1375 2
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 this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-
four-d of this article, 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 facili-
ties 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 of premises licensed and operating
pursuant to this section and sections sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article 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 this section and sections sixty-four-a, sixty-four-b, sixty-four-c,
and/or sixty-four-d of this article or of the premises sought to be
licensed, except that where a school or house of worship or premises
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed 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 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".
(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-
A. 1375 3
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-
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.
A. 1375 4
(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,
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
A. 1375 5
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
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 license pursuant to this section for a
premises which shall be within [five] SIX hundred FIFTY feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-
four-d of this article if, after consultation with the municipality or
community board AND AN ON-SITE VISIT TO INVESTIGATE THE PREMISES SEEKING
THE LICENSE AND THE SURROUNDING NEIGHBORHOOD, it determines that grant-
ing 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 pursu-
ant 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 licensed and
operating pursuant to this section and sections sixty-four-a, sixty-
four-b, sixty-four-c, and/or sixty-four-d of this article.
S 2. This act shall take effect immediately.