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

                                  5578

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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
  making consistent the standards and procedures governing  the  various
  on-premises liquor licenses with respect to 500-foot hearings

  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 177 of the laws of 1996, paragraph
(d-1) as added by chapter 406 of the laws of 2007,  paragraph  (e-1)  as
added  by  chapter  497 of the laws of 2003, paragraph (e-2) as added by
chapter 21 of the laws of 2005, paragraph (e-3) as added by  chapter  76
of  the  laws of 2007 and paragraph (f) as amended by chapter 602 of the
laws of 1999, 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 hundred feet of a
building occupied exclusively as a school, 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 hundred feet of  three  or  more  existing  premises
licensed  and operating pursuant to [the provisions of] 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,  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  [the  provisions  of]  this  section  AND  SECTIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11173-01-9
              

S. 5578                             2

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  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
hundred  feet  of three or more existing premises licensed and operating
pursuant to [the provisions of] 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 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 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)  Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or OF premises  licensed
and  operating pursuant to [the provisions of] 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 attending the
place of worship, and to patrons or guests of the premises licensed  and
operating  pursuant  to  [the  provisions  of] 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   [the   provisions  of]  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 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".
  (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

S. 5578                             3

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
hundred feet of a building used exclusively as a school,  church,  syna-
gogue  or place of worship if such club is affiliated or associated with
such school, church, synagogue or place of  worship  and  the  governing
body  of  such  school,  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.

S. 5578                             4

  (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 hundred 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

S. 5578                             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.
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a [retail license for on-premises consump-
tion] LICENSE PURSUANT TO THIS SECTION for a  premises  which  shall  be
within five hundred feet of three or more existing premises licensed and
operating  pursuant  to  [the  provisions  of] 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,
it  determines  that granting such license would be in the public inter-
est. 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.
Notice to the municipality 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 para-
graph. 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 prem-
ises are [operating and licensed pursuant to this section] 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. Subdivision 7 of section 64-a of the alcoholic  beverage  control
law,  as amended by chapter 177 of the laws of 1996 and paragraph (e) as
added by chapter 406 of the laws of 2007, is amended to read as follows:
  7. (a) No special on-premises license shall be granted for  any  prem-
ises which shall be
  (i)  on  the  same  street  or avenue and within two hundred feet of a
building occupied exclusively as a school, church,  synagogue  or  other
place of worship or
  (ii) in a city, town or village having a population of twenty thousand
or  more  within  five  hundred  feet of three or more existing premises
licensed and operating pursuant to [the provisions of] this section  AND
SECTIONS  SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF
THIS ARTICLE;
  (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 of such school, church, synagogue  or  other  place  of
worship  or  to the center of the nearest entrance of each such premises
licensed and operating pursuant to [the provisions of] this section  AND
SECTIONS  SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF
THIS ARTICLE; 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

S. 5578                             6

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  [the  provisions  of] this section AND SECTIONS
SIXTY-FOUR, 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.    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.
  (b) Within the context of this subdivision, the word "entrance"  shall
mean  a door of a school, of a house of worship, or OF premises licensed
and operating pursuant to [the provisions of] this section AND  SECTIONS
SIXTY-FOUR,  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  attending  the
place  of worship, and to patrons or guests of the premises licensed and
operating pursuant to [the provisions  of]  this  section  AND  SECTIONS
SIXTY-FOUR,  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  [the  provisions  of]  this   section   AND   SECTIONS   SIXTY-FOUR,
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  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".
  (c)  Notwithstanding  paragraph  (a)  of  this  subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate  theater  by  a  corporation  organized
pursuant  to  the not-for-profit corporation law may be granted notwith-
standing the proximity of such premises to any school, provided that the
availability of alcoholic beverages on such premises shall not be adver-
tised in any way at such premises in any manner visible from such street
or avenue.
  (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this subdivision, the authority may issue a [retail license for
on-premises consumption] LICENSE PURSUANT TO THIS SECTION for a premises
which shall be within five hundred feet of three or more existing  prem-
ises licensed and operating pursuant to [the provisions of] this section
AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D
OF THIS ARTICLE if, after consultation with the municipality or communi-
ty  board,  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 munici-
pality or community board, and shall state and file in  its  office  its
reasons  therefor.   NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL
MEAN WRITTEN NOTICE MAILED BY THE  AUTHORITY  TO  SUCH  MUNICIPALITY  OR

S. 5578                             7

COMMUNITY  BOARD  AT LEAST FIFTEEN DAYS IN ADVANCE OF ANY HEARING SCHED-
ULED 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 [operating and licensed  pursuant  to
this  section]  LICENSED  AND  OPERATING  PURSUANT  TO  THIS SECTION AND
SECTIONS SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D  OF
THIS ARTICLE.
  (e)  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
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.
  S 3. 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:
  5. (a) No bottle club license shall be granted for any premises  which
shall be
  (I)  on  the  same  street  or avenue and within two 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 of such school, church, synagogue  or
other  place  of  worship  to  the center of the nearest entrance of the
premises to be licensed;] OR
  (II) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
OR MORE WITHIN FIVE HUNDRED FEET OF  THREE  OR  MORE  EXISTING  PREMISES
LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE;
  (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

S. 5578                             8

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 OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-A,  SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE; 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, SIXTY-FOUR-A, 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. 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.
  (B) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE"  SHALL
MEAN  A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,
SIXTY-FOUR-A,  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 ATTENDING THE PLACE OF
WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND OPERATING
PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,   SIXTY-FOUR-A,
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,  SIXTY-FOUR-A,  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".
  (C)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH (II) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE AUTHORITY MAY ISSUE A LICENSE  PURSUANT  TO
THIS  SECTION  FOR A PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED FEET OF
THREE OR MORE EXISTING PREMISES LICENSED AND OPERATING PURSUANT TO  THIS
SECTION  AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-C, AND/OR
SIXTY-FOUR-D OF THIS ARTICLE IF, AFTER  CONSULTATION  WITH  THE  MUNICI-
PALITY  OR  COMMUNITY  BOARD,  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.  NOTICE TO THE MUNICIPALITY OR COMMUNITY
BOARD SHALL MEAN WRITTEN NOTICE MAILED BY THE AUTHORITY TO SUCH  MUNICI-
PALITY  OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE OF ANY HEAR-
ING 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

S. 5578                             9

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,  SIXTY-FOUR-A,
SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE.
  [(b)] (D) 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 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, cere-
bral 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.
  S  4. Subdivision 11 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997 and  paragraph  (d)  as
added by chapter 406 of the laws of 2007, is amended to read as follows:
  11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:
  (i)  on  the  same  street  or avenue and within two hundred feet of a
building occupied exclusively as a school, church,  synagogue  or  other
place of worship; or
  (ii) in a city, town or village having a population of twenty thousand
or  more  within  five  hundred  feet of three or more existing premises
licensed and operating pursuant to the provisions  of  this  section  or
[section]  SECTIONS  sixty-four  [or], sixty-four-a, SIXTY-FOUR-B AND/OR
SIXTY-FOUR-D of this article; 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 of such school, church, synagogue  or  other  place  of
worship  or  to the center of the nearest entrance of each such premises
licensed and operating pursuant to [the provisions of] this section  AND
SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A, SIXTY-FOUR-B AND/OR SIXTY-FOUR-D OF
THIS ARTICLE; 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

S. 5578                            10

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]  AND
SECTIONS sixty-four [or], sixty-four-a, SIXTY-FOUR-B 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.
  (b)  Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to [the provisions  of]  this  section  AND  SECTIONS
SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B AND/OR SIXTY-FOUR-D OF THIS ARTI-
CLE  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 licensed and
operating pursuant to [the provisions  of]  this  section  AND  SECTIONS
SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B AND/OR SIXTY-FOUR-D OF THIS ARTI-
CLE or of the premises sought to be licensed, except that where a school
or  house of worship or premises licensed and operating pursuant to [the
provisions of]  this  section  AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B  AND/OR  SIXTY-FOUR-D  OF  THIS  ARTICLE 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".
  (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  FOR A PREMISES which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  [the
provisions  of] this section [or section sixty-four or sixty-four-a] AND
SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B AND/OR  SIXTY-FOUR-D  of
this  article  if, after consultation with the municipality or community
board, 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.   NOTICE TO THE MUNICIPALITY 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 [where] WHEREIN
three or more premises are  operating  and  licensed  pursuant  to  this
section   or   [section]   SECTIONS   sixty-four   [or],   sixty-four-a,
SIXTY-FOUR-B AND/OR SIXTY-FOUR-D of this article.
  (d) 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

S. 5578                            11

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.
  S  5.  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:
  8.  No  cabaret  license shall be granted for any premises which shall
be:
  (a) on the same street or avenue and within  two  hundred  feet  of  a
building  occupied  exclusively  as a school, 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 hundred feet of an existing premises licensed and
operating pursuant to the provisions of this  section,  or  within  five
hundred  feet  of three or more existing premises licensed and operating
pursuant to THIS SECTION AND sections sixty-four  [and  sixty-four-c  of
this  article],  SIXTY-FOUR-A, SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C OF THIS
ARTICLE.
  (c) [The measurements in paragraphs (a) and (b)  of  this  subdivision
shall be taken in accordance with the provisions of subdivision seven of
section  sixty-four of this article.] 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  OPERATING  PURSUANT  TO  THIS  SECTION  AND
SECTIONS  SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C OF
THIS ARTICLE; 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 AN EXISTING PREMISES LICENSED AND  OPERATING
PURSUANT  TO  THE  PROVISIONS  OF  THIS  SECTION OR WHICH IS WITHIN FIVE
HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED  AND  OPERATING

S. 5578                            12

PURSUANT   TO   THIS  SECTION  AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C 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. 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)  WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES  LICENSED
AND   OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS  SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C 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  ATTENDING  THE  PLACE  OF
WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND OPERATING
PURSUANT   TO   THIS  SECTION  AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C 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, SIXTY-FOUR-A,  SIXTY-FOUR-B,  AND/OR  SIXTY-FOUR-C  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".
  (E) 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 HUNDRED FEET OF AN EXISTING PREMISES
LICENSED AND OPERATING PURSUANT TO THE PROVISIONS  OF  THIS  SECTION  OR
WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND
OPERATING   PURSUANT   TO   THIS   SECTION   AND   SECTIONS  SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-B, AND/OR  SIXTY-FOUR-C  OF  THIS  ARTICLE  IF,
AFTER  CONSULTATION  WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETER-
MINES 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.
NOTICE TO THE MUNICIPALITY 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 PARA-
GRAPH. 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 AN EXISTING PREMISES LICENSED AND OPERATING  PURSU-
ANT  TO  THE PROVISIONS OF THIS SECTION OR 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,
SIXTY-FOUR-A, SIXTY-FOUR-B, AND/OR SIXTY-FOUR-C OF THIS ARTICLE.
  [(d)] (F) 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

S. 5578                            13

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, cere-
bral  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.
  S 6. This act shall take effect immediately.