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

                                  3558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development

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,  paragraph
(e-4)  as  added by chapter 421 of the laws of 2012 and paragraph (f) as
amended by chapter 185 of the laws  of  2012,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04527-01-3
              

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or 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  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

A. 3558                             3

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-
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.

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  (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. 3558                             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.
  (e-4) 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  Ulster,  bounded  and
described as follows:
  THOSE  THREE  BUILDING LOTS situate on the northeasterly side of Union
Avenue in the city of Kingston,  between  Thomas  and  Cornell  Streets,
known and distinguished upon a map of the property of the estate of said
Thomas  Cornell made by B.B. Codwise, Civil Engineer, bearing date April
11th, 1888, as lot five (5) six (6) and seven (7)  upon  said  map,  and
bounded and described as follows:
  BEGINNING  at the west corner of lot seven which is also the corner of
Cornell Street, where it intersects with Union  Avenue,  and  runs  from
thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
the  distance  of  one hundred and thirty-eight (138) feet, to the south
bounds of lot (8) eight as laid down upon said map, thence along in  the
south  bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear
of lots seven, six and five (7, 6 & 5)  as  aforesaid  the  distance  of
seventy-two  (72)  feet  to  a  lot of land owned by Max Oppenheimer and
known on said map as lot four (4); thence in the division  line  between
lot  four  and  five as laid down upon said map, south 48 degrees 10' W.
one hundred and twenty-two (122) feet, and fifty-four  hundredths  of  a
foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
thence  along in said northeasterly bounds of said Union Avenue north 53
degrees 57' west along the front of said lots five, six and seven (5,  6
&  7)  the distance of seventy-three feet and sixty-five hundredths of a
foot (73 65/100 feet) to the place of beginning;  and  a  part  of  said
premises being a part of the same that was conveyed to Thomas Cornell by
Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
office  of  the  Clerk of Ulster County in book No. 204 of deeds at page
403 March 6th, 1877, the balance of the property hereinbefore  described
and  herein  intended  to  be conveyed was conveyed to Thomas Cornell by
James E. Ostrander and wife by deed bearing date February 8th, 1869, and
recorded in Ulster County Clerk's Office in book 175 of  deeds  at  page
29, February 6th, 1872.
  (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

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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. The hearing may be resched-
uled, adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any  such  resched-
uled,  adjourned  or  continued hearing. Before the authority issues any
said license, the authority or one or more of the commissioners  thereof
may, in addition to the hearing required by this paragraph, also conduct
a  public  meeting  regarding said license, upon notice to the applicant
and the municipality or community  board.  The  public  meeting  may  be
rescheduled, adjourned or continued, and the authority shall give notice
to  the  applicant  and  the municipality or community board of any such
rescheduled, adjourned or continued public meeting. Notice to the  muni-
cipality  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  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.