NY State Senate Bill 2009-S2372

Senate Bill S2372

2009-2010 Legislative Session

Provides that establishments that serve alcoholic beverages shall be at least five hundred feet from a school, church, synagogue or other place of worship; repealer

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to commerce, economic development and small business
Feb 19, 2009	referred to commerce, economic development and small business

2009-S2372 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64, 64-a, 64-b, 64-c, 64-d & 105, rpld §64 sub 7 ¶(d), §64-a sub 7 ¶(b), §64-c sub 11 ¶(b), ABC L

2009-S2372 (ACTIVE) - Summary

Provides that establishments that serve alcoholic beverages shall be at least five hundred feet, rather than two hundred feet, from a school, church, synagogue or other place of worship; provides that such five hundred foot distance shall be measured from any point on the structure of such buildings, rather than from the entrance.

2009-S2372 (ACTIVE) - Sponsor Memo

2009-S2372 (ACTIVE) - Bill Text download pdf

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

                                  2372

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- 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 the
  distances of certain establishments from a school,  church,  synagogue
  or  other  place  of worship; and to repeal certain provisions of such
  law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  (a) and (c) of subdivision 7 of section 64 of
the alcoholic beverage control law, as amended by  chapter  177  of  the
laws of 1996, are amended to read as follows:
  (a) on the same street or avenue and within [two] FIVE hundred feet of
a  building  occupied  [exclusively]  as  a school, church, synagogue or
other place of worship or
  (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]  ANY POINT of such school, church, synagogue or other place of
worship or to [the center of the nearest entrance]  ANY  POINT  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 main-
tained 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, church, synagogue or other place  of  worship;  and  except
that  no  license  shall be denied to any premises, which is within five

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09422-01-9

S. 2372                             2

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 cater-
ing 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 author-
ize the removal of any such licensed premises to a different location on
the same street or avenue, within  two  hundred  feet  of  said  school,
church,  synagogue  or  other  place  of worship, provided that such new
location is not within a closer distance to such school,  church,  syna-
gogue or other place of worship.
  S  2.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
beverage control law is REPEALED.
  S 3. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 7  of
section  64-a of the alcoholic beverage control law, as amended by chap-
ter 177 of the laws of 1996, are amended to read as follows:
  (i) on the same street or avenue and within [two] FIVE hundred feet of
a building occupied [exclusively] as  a  school,  church,  synagogue  or
other place of worship or
  (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
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]  ANY POINT of such school, church, synagogue or other
place of worship or to [the center of the nearest entrance] ANY POINT of
each such premises licensed and operating pursuant to the provisions  of
this  section; 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, church, synagogue 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  oper-
ating  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.
  S  4.  Paragraph (b) of subdivision 7 of section 64-a of the alcoholic
beverage control law is REPEALED.
  S 5. Paragraph (a) of subdivision 5 of section 64-b of  the  alcoholic
beverage  control law, as amended by chapter 406 of the laws of 2007, is
amended to read as follows:
  (a) No bottle club license shall be granted  for  any  premises  which
shall be on the same street or avenue and within [two] FIVE hundred feet
of  a  building occupied [exclusively] as a school, church, synagogue or
other place of worship; the measurements to be taken in a straight  line
from  [the  center  of  the  nearest entrance] ANY POINT of such school,
church, synagogue or other place of worship to [the center of the  near-
est  entrance]  ANY POINT of the premises to be licensed; 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

S. 2372                             3

of  said  premises  has  been  occupied exclusively as a school, church,
synagogue or other place of worship.
  S 6. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 11 of
section  64-c of the alcoholic beverage control law, as added by chapter
538 of the laws of 1997, are amended to read as follows:
  (i) on the same street or avenue and within [two] FIVE hundred feet of
a building occupied [exclusively] as  a  school,  church,  synagogue  or
other place of worship; or
  (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
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]  ANY POINT of such school, church, synagogue or other
place of worship or to [the center of the nearest entrance] ANY POINT of
each such premises licensed and operating pursuant to the provisions  of
this  section; 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, church, synagogue 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  oper-
ating  pursuant  to the provisions of this section or section sixty-four
or sixty-four-a of this article, at which a license under  this  chapter
has  been in existence continuously on or prior to November first, nine-
teen hundred ninety-three.
  S 7. Paragraph (b) of subdivision 11 of section 64-c of the  alcoholic
beverage control law is REPEALED.
  S  8.  Paragraph (a) of subdivision 8 of section 64-d of the alcoholic
beverage control law, as amended by chapter 406 of the laws of 2007,  is
amended to read as follows:
  (a) on the same street or avenue and within [two] FIVE hundred feet of
a  building  occupied  [exclusively]  as  a school, church, synagogue or
other place of worship or
  S 9. Paragraphs (a) and (b) of subdivision 3 of  section  105  of  the
alcoholic beverage control law, as amended by chapter 406 of the laws of
2007, is amended to read as follows:
  (a)  No  retail  license  to  sell liquor and/or wine for off-premises
consumption shall be granted for any premises which shall be located  on
the  same  street  or  avenue,  and  within [two] FIVE hundred feet of a
building occupied [exclusively] as a school, church, synagogue or  other
place  of  worship; the measurements to be taken in a straight line from
[the center of the nearest entrance] ANY POINT to the building used  for
such  school, church, synagogue or other place of worship to [the center
of the nearest entrance] ANY POINT  of  the  premises  to  be  licensed;
except,  however,  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, church, synagogue or other place of worship.
  [(b) Within the context of this subdivision, the word "entrance" shall
mean  a  door  of  a  school,  of a house of worship, or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place  of  worship,  and  to
patrons  or  guests of the premises proposed to be licensed, except that
where a school or house of worship is set back from a  public  thorough-
fare,  the walkway or stairs leading to any such door shall be deemed an

S. 2372                             4

entrance; and the measurement shall be taken to the center of the  walk-
way  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".]
  S 10. This act shall take effect immediately.

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