|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 20, 2012||referred to economic development|
delivered to assembly
|Jun 18, 2012||ordered to third reading cal.1298|
|Jun 13, 2012||referred to rules|
senate Bill S7686
Relates to licenses to sell liquor at retail for consumption on certain premises
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (5)
Jun 20, 2012 - floor VoteS76863921floor39Aye21Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2012aye (39)
Jun 18, 2012 - Rules committee VoteS7686124committee12Aye4Nay7Aye with Reservations0Absent2Excused0Abstained
- show floor vote details
S7686 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §64, ABC L
S7686 - Bill Texts
Relates to licenses to sell liquor at retail for consumption on certain premises.
view sponsor memo
TITLE OF BILL:
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
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 full 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.
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