senate Bill S7686

Relates to licenses to sell liquor at retail for consumption on certain premises

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 13 / Jun / 2012
    • REFERRED TO RULES
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1298
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to licenses to sell liquor at retail for consumption on certain premises.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A10787
Versions:
S7686
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L

Sponsor Memo

BILL NUMBER:S7686

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to licenses to
sell liquor at retail for consumption on certain premises

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this
legislation is to
correct an unintended consequence of legislation attempting to
further define the concept of "exclusively occupied" as a church,
synagogue or other place of worship for purposes of the 200 foot
rule. The bill would clarify that buildings occupied as houses of
worship may enter into "shared space" arrangements with catering
tenants where the primary benefit to the religious congregation is
financial support for the congregation, while still retaining their
status as a religious institution.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 7 of
section 64 of the
Alcoholic Beverage Control Law is amended by the indicated changes to
Paragraphs c and d-1.

JUSTIFICATION: The alcohol beverage control law
requires that in order
for a building occupied as a place of worship to benefit from the
200-foot rule, or from the "Church-Venue Exception" to that rule
(which excludes from application of the rule catering businesses
operating in a church building within 200 feet of another church or
school), the building must remain "exclusively" occupied as a place
of worship.

In 2007, legislation was passed listing activities that would be
regarded as consistent with the conduct of a building as a place of
worship. The list of activities was not exhaustive and requires
additional clarification to allow religious organizations that enter
into shared space agreements with caterers to retain the status of
their buildings as a churches, synagogues or other places of worship.

Many religious organizations in this state that own their places of
worship, including places of worship with architectural and
historical significance, are finding it increasingly difficult to
afford annual maintenance and repairs of their buildings. Faced with
such difficulties, religious organizations often share their space
with third party entities in order to produce much-needed
supplementary revenue, rather than sell their buildings and property.
While the passage of special legislation can exempt a particular
property from the application of the 200 foot rule, such legislation
is impractical as a solution for every religious organization that
enters into a shared space arrangement with a caterer designed to
benefit the congregation, in particular by allowing the religious
organization to maintain ownership of its house of worship and keep
it in good repair..

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  7686

                            I N  S E N A T E

                              June 13, 2012
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  licenses to sell liquor at retail for consumption on certain premises

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

  Section 1. Paragraphs (c) and (d-1) of subdivision 7 of section 64  of
the  alcoholic  beverage  control  law, as amended by chapter 463 of the
laws of 2009, are amended to read as follows:
  (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, church, synagogue or other place of worship  or  to  the
center  of the nearest entrance of each such premises licensed and oper-
ating 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,  restau-
rant,  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16244-01-2

S. 7686                             2

to a person using [the permanent] catering facilities [of] LOCATED IN  a
BUILDING  OCCUPIED  AS  A  church,  synagogue  or other place of worship
pursuant to a written agreement between such person  and  the  [authori-
ties]  RELIGIOUS  ORGANIZATION  in charge of such [facilities] BUILDING,
WHERE THE RELIGIOUS ORGANIZATION RETAINS  BENEFICIAL  OWNERSHIP  OF  THE
PREMISES.    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, 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-1) Within the context of  PARAGRAPH  (A)  OF  this  subdivision,  a
building occupied as a place of worship does not cease to be "exclusive-
ly"  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 performances by or benefitting the not-for-profit religious
organization which conducts services at the place of  worship  or  other
not-for-profit organizations or groups; the use of the building by other
religious  organizations  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 including, 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 informa-
tion  meetings,  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]
NON-CONGREGANTS for private social, CORPORATE  OR  CHARITABLE  functions
REGARDLESS  OF  WHETHER THOSE FUNCTIONS HAVE A NEXUS WITH THE ACTIVITIES
OF THE RELIGIOUS ORGANIZATION OTHER THAN PROVIDING FINANCIAL SUPPORT FOR
THAT ORGANIZATION.  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 OR FOR THE BENEFIT OF THE RELIGIOUS ORGANIZATION.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.