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.