LBD03980-01-7
A. 2931 2
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;
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, church, synagogue 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
A. 2931 3
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-
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
A. 2931 4
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,
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:
A. 2931 5
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
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.
(e-5) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the authority may issue a retail license for on-premises consump-
A. 2931 6
tion for a premises which shall be located within two hundred feet of a
building occupied exclusively as a school, provided such premises
constitute a premises for the sale of food or beverages at retail for
consumption on the premises located wholly within the boundaries of the
borough of Brooklyn in the county of Kings and the city of New York,
bounded and described as follows:
Beginning at a point on the westerly side of Washington Avenue distant
636.45 feet southerly from the intersection of the southerly side of
Eastern Parkway and westerly side of Washington Avenue, said point being
the point of beginning; Running thence southerly along the westerly side
of Washington Avenue, a distance of 345.43 feet; thence westerly along
the line forming an interior angle with the previous course of 90
degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence north-
erly along the line forming an interior angle with the previous course
of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet; Thence
northerly along the line forming an exterior angle with the previous
course of 159 degrees 18 minutes 33 seconds, a distance of 36.59 feet;
Thence northerly along the line forming an exterior angle with the
previous course of 169 degrees 36 minutes 23 seconds, a distance of
26.26 feet; Thence westerly along the line forming an exterior angle
with the previous course of 123 degrees 49 minutes 33 seconds, a
distance of 58.57 feet; Thence southwesterly along the line forming an
exterior angle with the previous course of 129 degrees 53 minutes 13
seconds, a distance of 108.38 feet; Thence westerly, a distance of 84.05
feet along a curve to the right, which has a radius of 192.59 feet, and
having a central angle of 25°00'14"; Thence westerly, a distance of
58.94 feet along a curve to the right, which has a radius of 181.42
feet, and having a central angle of 18°36'54". Thence westerly, a
distance of 354.56 feet; Thence northerly along the line forming an
interior angle with the previous course of 90 degrees 14 minutes 09
seconds, a distance of 114.49 feet; Thence easterly along the line form-
ing an exterior angle with the previous course of 286 degrees 53 minutes
22 seconds, a distance of 7.54 feet; Thence easterly along the line
forming an interior angle with the previous course of 195 degrees 07
minutes 53 seconds, a distance of 159.88 feet; Thence easterly along the
line forming an interior angle with the previous course of 193 degrees
52 minutes 57 seconds, a distance of 161.51 feet; Thence westerly along
the line forming an interior angle with the previous course of 257
degrees 31 minutes 43 seconds, a distance of 116.17 feet; Thence
northeasterly, a distance of 7.07 feet along a non-tangent curve to the
right, having a radius of 4.50 feet, a central angle of 89°59'10" and a
chord of 6.36 feet, which chord makes an interior angle with the previ-
ous course of 135 degrees 01 minutes 12 seconds; Thence easterly along
the line forming an interior angle with the chord of the above-refer-
enced curve of 135 degrees 01 minutes 17 seconds, a distance of 135.59
feet; Thence easterly, a distance of 81.93 feet along a non-tangent
curve to the left, having a radius of 272.93 feet, a central angle of
17°11'59" and a chord of 81.63 feet, which chord makes an interior angle
with the previous course of 186 degrees 52 minutes 37 seconds; Thence
easterly along the line forming an interior angle with the chord of the
above-referenced curve of 192 degrees 21 minutes 11 seconds, a distance
of 38.24 feet; Thence easterly along the line forming an interior angle
with the previous course of 183 degrees 09 minutes 51 seconds, a
distance of 21.53 feet to the point of beginning.
[(e-5)] (E-6) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
A. 2931 7
consumption 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 certain plot, piece or parcel of land situate lying and being
in the Borough of Brooklyn, County of Kings, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Synder Avenue, with the easterly side of Bedford Avenue;
THENCE easterly along the southerly side of Synder Avenue, 99 feet 10
inches;
THENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to
the center line of Union Street, as shown on the Bergen Map;
THENCE westerly along the center line of Union Street, as aforesaid, 99
feet 10 inches to the easterly side of Bedford Avenue;
THENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8
inches to the point or place of BEGINNING.
[(e-6)] (E-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption 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 within 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.
[(e-6)] (E-8) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the prem-
ises 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 the corner formed by the intersection of the southerly
side of Fulton Street with the westerly side of Broadway;
RUNNING THENCE southerly along the westerly side of Broadway, 78 feet
11 1/2 inches to an angle point, in said westerly side of Broadway;
THENCE southerly still along the westerly side of Broadway, 75 feet 3
inches to the corner formed by the intersection of the westerly side of
Broadway with the northerly side of Dey Street;
THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4
inches;
A. 2931 8
THENCE northerly along a line which forms an angle on its westerly
side with the northerly side of Dey Street of 91 degrees 21 minutes 50
seconds, 77 feet 5 1/2 inches;
THENCE easterly along a line which forms an angle on its southerly
side with the last described course of 91 degrees 21 minutes 50 seconds,
75 feet 4 5/8 inches;
THENCE northerly along a line which forms an angle on its westerly
side with the last described course of 91 degrees 00 minutes 00 seconds,
77 feet 5 1/4 inches to the southerly side of Fulton Street;
THENCE easterly along the southerly side of Fulton Street, 99 feet 8
inches to an angle point on said southerly side of Fulton Street;
THENCE easterly still along the southerly side of Fulton Street, 100
feet 2 1/2 inches to the point or place of BEGINNING.
TOGETHER with benefits and subject to the terms contained in that
certain Easement and License Agreement dated as of April 20, 1993
between Kalikow Fulton Church Realty Company and 195 Property Company
and recorded on May 10, 1993 in Reel 1969 page 1310.
[(e-7)] (E-9) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption 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 the consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:
All that piece or parcel of land, situate in the City of Kingston,
County of Ulster and State of New York described as follows: Beginning
at a spike in the concrete sidewalk on the south bounds of Main Street
at its intersection with the west bounds of Fair Street; Thence south 8
degrees 10 hours 9 minutes east along the west bounds of Fair Street
105.31 feet to a spike in line with a three story brick building on
lands now or formerly Norman G. Lebhar and John W. Krueger (L.1516
P.425); Thence south 83 degrees 26 hours 38 minutes west along said
building and lands of Lebhar and Krueger 46.27 feet to a corner of said
building; Thence north 8 degrees 4 hours 13 minutes west along lands now
or formerly Lawrence A. Quilty and others (L.1422 P.123) and along the
brick building on the herein described parcel 102.62 feet to a
reinforcement rod set on the south bounds of Main Street; Thence north
80 degrees 6 hours 32 minutes east along said bounds of Main Street
46.10 feet to the point and place of beginning. Being the same premises
as conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave,
Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated September
15, 1995 and recorded in the Ulster County Clerk's Office on September
20, 1995 in Liber 2525 of Deeds at Page 200.
[(e-7)] (E-10) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption 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 within the boundaries of the county of Erie, bounded and
described as follows:
ALL that certain plot, piece or parcel of land situate in the City of
Buffalo, County of Erie and state of New York, being part of Lot No. 77,
Township 11, Range 8 of the Holland Land Company's Survey, and further
distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown
A. 2931 9
on a map filed in the Erie County Clerk's Office under Cover No. 781 and
more particularly bounded and described as follows:
BEGINNING at the point of intersection of the northerly line of Hertel
Avenue as now laid out 100 feet wide with the easterly line of Saranac
Avenue; thence northerly along the easterly line of Saranac Avenue 120
feet; thence easterly parallel with Hertel Avenue 100 feet; thence
southerly parallel with Saranac Avenue and along the easterly line of
said subdivision Lot No. 2, a distance of 120 feet to the northerly line
of Hertel Avenue; thence westerly along said line of Hertel Avenue 100
feet to the point of beginning.
[(e-8)] (E-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption 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 within the boundaries of the county of Erie, bounded and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, Coun-
ty of Erie and State of New York, being part of Lot No.48, Township 11,
Range 8 of the Holland Land Company's Survey, described as follows:
BEGINNING at a point in the easterly line of Elmwood Avenue distant
191.1 feet north of the intersection of said easterly line of Elmwood
Avenue with the northerly line of Bird Avenue; running thence northerly
along the said easterly line of Elmwood Avenue 63 feet; thence easterly
at right angles with Elmwood Avenue 140 feet; thence southerly parallel
with Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood
Avenue 140 feet to the said easterly line of Elmwood Avenue to the point
or place of beginning.
All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. Forty-Eight
(48), Township Eleven (11) and Range Eight (8) of the Holland Land
Company's survey and bounded and described as follows:
BEGINNING at a point in the easterly line of Elmwood Avenue One
Hundred Sixty and one-tenth (160.10) feet northerly from its inter-
section with the northerly line of Bird Avenue, running thence northerly
on said easterly line of Elmwood Avenue Thirty-one (31) feet; thence
easterly at right angles to Elmwood Avenue One Hundred forty (140) feet;
thence southerly parallel with Elmwood Avenue Thirty-one (31) feet;
thence westerly at right angles to Elmwood Avenue, One Hundred forty
(140) feet to the easterly line of Elmwood Avenue at the place of begin-
ning.
All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. 48, Township
11, Range 8 of the Holland Land Company's Survey and bounded and
described as follows:
BEGINNING at a point in the east line of Elmwood Avenue, distant
321.50 feet south from the intersection of said east line with the south
line of Forest Avenue; thence south along the east line of Elmwood
Avenue, 49 feet to a point; thence east at right angles to the east line
of Elmwood Avenue, 140 feet to a point, thence north, parallel with the
east line of Elmwood Avenue, 49 feet to a point; thence west in a
straight line, 140 feet to the point of beginning.
(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
A. 2931 10
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 ONSITE VISIT TO INVESTIGATE THE PREMISES 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. The hearing may be rescheduled,
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 hundred 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.
§ 2. This act shall take effect immediately.