senate Bill S201A

2013-2014 Legislative Session

Provides that in cities with a population over one million, required distances of bars from schools, places of worship and existing licensed premises be measured from the closest boundary lines

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2014 print number 201a
amend and recommit to commerce, economic development and small business
Jan 08, 2014 referred to commerce, economic development and small business
Jan 09, 2013 referred to commerce, economic development and small business

Bill Amendments

Original
A (Active)
Original
A (Active)

S201 - Bill Details

See Assembly Version of this Bill:
A5078A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-a, 64-b, 64-c & 105, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S29, A1917
2009-2010: S3775C, A7364C

S201 - Bill Texts

view summary

Relates to the siting of certain premises, located in cities with a population in excess of one million, licensed to sell liquor for consumption on the premises; provides that required distances from schools and places of worship and from existing licensed premises shall be measured from the closest boundary lines instead of from the center of the entrances of such premises.

view sponsor memo
BILL NUMBER:S201

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the siting
of certain premises licensed to sell liquor for consumption on the
premises,
which premises are located in cities with populations in excess of one
million people

PURPOSE:
To amend the State Liquor Authority's regulations that relates to
calculating the 200- and 500-foot rule's measurements for a proposed
on-premise liquor establishment. This legislation seeks to change the
current starting point from between the commonly-used entryways to
the establishment's property line closest to the nearest entrance of
the a) school or place of worship (200 foot rule) or b) 3 other
on-premise liquor establishments (500 foot rule). This legislation
would only apply to businesses in the five boroughs of New York City.

SUMMARY OF PROVISIONS:
This bill amends the Alcoholic Beverage Control Law: Sec. 64 (7) (d-1)
and adds a new paragraph (d-2); Sec. 64-a (7) (a), adds a new
paragraph (b-1); Sec. 64-b (5), adds a new paragraph (a-1); Sec. 64-c
(11) (d) adds a new paragraph (b-1) and Sec. 105(3) (c) adds a new
paragraph (b-1).

JUSTIFICATION:
Current law provides for buildings that house an on-premise drinking
establishment to have its commonly-used entrance either 200 feet from
a school, church, synagogue or other place of worship or 500 feet
from 3 other establishments otherwise the application can be denied,
pending a public hearing by the State Liquor Authority. In New York
City, applicants have gotten around this regulation by creating a new
or additional entryway that falls within the guidelines of the law
prior to receiving its license. Then, upon receiving its license, the
owners return to using the entryway that does not comply with the
law. This bill will close this loophole by repositioning the
originating measuring point to the applicant's property line closest
to the school, church, synagogue or house of worship or three
on-premise liquor establishments.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2009: Passed Assembly, Senate 3rd Reading
2010: S.3775C/A.7364C Passed Senate
2012: Referred to Commerce, Economic Development and Small Business

EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after
it shall have became a law.


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

                                   201

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 the
  siting of certain premises licensed to sell liquor for consumption  on
  the premises, which premises are located in cities with populations in
  excess of one million people

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

  Section 1. Paragraph (d-1) of subdivision 7 of section 64 of the alco-
holic beverage control law, as amended by chapter 463  of  the  laws  of
2009, is amended and a new paragraph (d-2) is added to read as follows:
  (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
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] BENEFITING the not-for-profit religious organ-
ization 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00156-01-3

S. 201                              2

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  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.
  (D-2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF THIS
SUBDIVISION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF  ONE
MILLION  PEOPLE,  THE  MEASUREMENTS  IN  PARAGRAPHS  (A) AND (B) OF THIS
SUBDIVISION ARE TO BE TAKEN IN STRAIGHT LINES  FROM  THE  POINT  ON  THE
PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO
THE  PROPERTY  BOUNDARY  LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF
SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR OTHER PLACE OF WORSHIP OR FROM THE
POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED  THAT
IS  CLOSEST  TO  THE  PROPERTY  BOUNDARY LINE OF A PREMISES LICENSED AND
OPERATING PURSUANT TO THIS SECTION TO THE CLOSEST POINT ON THE  BOUNDARY
LINE  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 MAINTAINED AS A BONA FIDE HOTEL, RESTAURANT, CATERING  ESTAB-
LISHMENT  OR  CLUB ON OR PRIOR TO DECEMBER FIFTH, NINETEEN HUNDRED THIR-
TY-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 OR RENEWAL THEREOF SHALL  BE  DENIED  TO  ANY
PREMISES  PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER
HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO  DECEMBER  THIR-
TY-FIRST,  TWO  THOUSAND  THIRTEEN;  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,  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.
  S 2. Subdivision 7 of section 64-a of the alcoholic  beverage  control
law is amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO  CITIES

S. 201                              3

HAVING  POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION  ARE  TO
BE  TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY LINE
OF  THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY BOUNDARY
LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO  THE
CLOSEST  POINT  ON  THE  PROPERTY  BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP, OR FROM THE POINT ON  THE  PROPERTY
BOUNDARY  LINE  OF  THE  PREMISES  TO BE LICENSED THAT IS CLOSEST TO THE
PROPERTY BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT  TO
THIS  SECTION  TO  THE  CLOSEST  POINT ON THE BOUNDARY LINE 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  OR  RENEWAL  THEREOF  SHALL BE DENIED TO ANY PREMISES
PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS  BEEN
IN  EXISTENCE  CONTINUOUSLY  FROM A DATE PRIOR TO DECEMBER THIRTY-FIRST,
TWO THOUSAND THIRTEEN; 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, AT WHICH A LICENSE UNDER THIS CHAPTER  HAS  BEEN  IN  EXISTENCE
CONTINUOUSLY   ON   OR   PRIOR   TO  NOVEMBER  FIRST,  NINETEEN  HUNDRED
NINETY-THREE.
  S 3. Subdivision 5 of section 64-b of the alcoholic  beverage  control
law is amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE MILLION
PEOPLE,  NO  BOTTLE CLUB LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
SHALL BE 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  POINT  ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED
THAT IS CLOSEST TO THE PROPERTY BOUNDARY LINE OF  SUCH  SCHOOL,  CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY  LINE  OF  SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR OTHER PLACE OF
WORSHIP; 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 OR RENEWAL THEREOF  SHALL  BE  DENIED  TO  ANY  PREMISES
PURSUANT  TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR  TO  DECEMBER  THIRTY-FIRST,
TWO THOUSAND THIRTEEN.
  S  4. Paragraph (d) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended and a new paragraph (b-1) is added to read as follows:
  (B-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO  CITIES
HAVING  POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION  ARE  TO
BE  TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY LINE
OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY  BOUNDARY
LINE  OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE

S. 201                              4

CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF  SUCH  SCHOOL,  CHURCH,
SYNAGOGUE  OR  OTHER PLACE OF WORSHIP, OR FROM THE POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES TO BE LICENSED  THAT  IS  CLOSEST  TO  THE
PROPERTY  BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT TO
THIS SECTION TO THE CLOSEST POINT ON THE  BOUNDARY  LINE  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 OR RENEWAL THEREOF  SHALL  BE  DENIED  TO  ANY  PREMISES
PURSUANT  TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR  TO  DECEMBER  THIRTY-FIRST,
TWO THOUSAND THIRTEEN; 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  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, NINETEEN HUNDRED NINETY-THREE.
  (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  perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization  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 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.  Paragraph  (c) of subdivision 3 of section 105 of the alcoholic
beverage control law, as added by chapter 406 of the laws  of  2007,  is
amended and a new paragraph (b-1) is added to read as follows:
  (B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION,  WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE
MILLION PEOPLE, 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 HUNDRED FEET  OF

S. 201                              5

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  POINT  ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED
THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY LINE OF SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF
WORSHIP;  EXCEPT,  HOWEVER, THAT NO LICENSE SHALL BE DENIED TO ANY PREM-
ISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTIN-
UOUSLY 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 OR RENEWAL THEREOF SHALL  BE  DENIED  TO  ANY
PREMISES  PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER
HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO  DECEMBER  THIR-
TY-FIRST, TWO THOUSAND THIRTEEN.
  (c)  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]  BENEFITING  the  not-for-profit  religious
[organizations] 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, alco-
holism, drug addiction, cancer, cerebral palsy, Parkinson's disease,  or
Alzheimer's  disease;  the  use of the building for blood drives, health
screenings, health information 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 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 on the one hundred eightieth day after
it shall have become a law.

S201A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5078A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-a, 64-b, 64-c & 105, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S29, A1917
2009-2010: S3775C, A7364C

S201A (ACTIVE) - Bill Texts

view summary

Relates to the siting of certain premises, located in cities with a population in excess of one million, licensed to sell liquor for consumption on the premises; provides that required distances from schools and places of worship and from existing licensed premises shall be measured from the closest boundary lines instead of from the center of the entrances of such premises.

view sponsor memo
BILL NUMBER:S201A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the siting of certain premises licensed to sell liquor for
consumption on the premises, which premises are located in cities with
populations in excess of one million people

PURPOSE: To amend the State Liquor Authority's regulations that
relates to calculating the 200- and 500-foot rule's measurements for a
proposed on-premise liquor establishment. This legislation seeks to
change the current starting point from between the commonly-used
entryways to the establishment's property line closest to the nearest
entrance of the a) school or place of worship (200 foot rule) or b) 3
other on-premise liquor establishments (500 foot rule). This
legislation would only apply to businesses in the five boroughs of New
York City.

SUMMARY OF PROVISIONS: This bill amends the Alcoholic Beverage
Control Law: Sec. 64 (7) (d-1) and adds a new paragraph (d-2); Sec.
64-a (7) (a), adds a new paragraph (b-1); Sec. 64-b (5), adds a new
paragraph (a-1); Sec. 64-c (11) (d) adds a new paragraph (b-1) and
Sec. 105(3) (c) adds a new paragraph (b-1).

JUSTIFICATION: Current law provides for buildings that house an
on-premise drinking establishment to have its commonly-used entrance
either 200 feet from a school, church, synagogue or other place of
worship or 500 feet from 3 other establishments otherwise the
application can be denied, pending a public hearing by the State
Liquor Authority. In New York City, applicants have gotten around this
regulation by creating a new or additional entryway that falls within
the guidelines of the law prior to receiving its license. Then, upon
receiving its license, the owners return to using the entryway that
does not comply with the law. This bill will close this loophole by
repositioning the originating measuring point to the applicant's
property line closest to the school, church, synagogue or house of
worship or three on-premise liquor establishments.

FISCAL IMPLICATIONS: None.

LEGISLATIVE HISTORY: 2009: Passed Assembly, Senate 3rd Reading 2010:
S.3775C/A.7364C Passed Senate 2012: Referred to Commerce, Economic
Development and Small Business

EFFECTIVE DATE: This act shall take effect on the one hundred and
eightieth day after it shall have became a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 201--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  siting  of certain premises licensed to sell liquor for consumption on
  the premises, which premises are located in cities with populations in
  excess of one million people

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

  Section 1. Paragraph (d-1) of subdivision 7 of section 64 of the alco-
holic  beverage  control  law,  as amended by chapter 463 of the laws of
2009, is amended and a new paragraph (d-2) is added to read as follows:
  (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
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] BENEFITING the not-for-profit religious organ-
ization  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00156-02-4

S. 201--A                           2

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 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.
  (D-2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF THIS
SUBDIVISION,  WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE
MILLION PEOPLE, THE MEASUREMENTS IN  PARAGRAPHS  (A)  AND  (B)  OF  THIS
SUBDIVISION  ARE  TO  BE  TAKEN  IN STRAIGHT LINES FROM THE POINT ON THE
PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO
THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE  OF  WORSHIP TO THE CLOSEST POINT ON THE PROPERTY BOUNDARY LINE OF
SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF  WORSHIP  OR  FROM  THE
POINT  ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO BE LICENSED THAT
IS CLOSEST TO THE PROPERTY BOUNDARY LINE  OF  A  PREMISES  LICENSED  AND
OPERATING  PURSUANT TO THIS SECTION TO THE CLOSEST POINT ON THE BOUNDARY
LINE 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 MAINTAINED AS A BONA FIDE HOTEL, RESTAURANT, CATERING ESTAB-
LISHMENT OR CLUB ON OR PRIOR TO DECEMBER FIFTH, NINETEEN  HUNDRED  THIR-
TY-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 OR RENEWAL THEREOF SHALL BE DENIED TO ANY
PREMISES PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS  CHAPTER
HAS  BEEN  IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO DECEMBER THIR-
TY-FIRST, TWO THOUSAND FOURTEEN; 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, 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.

S. 201--A                           3

  S  2.  Subdivision 7 of section 64-a of the alcoholic beverage control
law is amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO  CITIES
HAVING  POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION  ARE  TO
BE  TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY LINE
OF THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY  BOUNDARY
LINE  OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE
CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF  SUCH  SCHOOL,  CHURCH,
SYNAGOGUE  OR  OTHER PLACE OF WORSHIP, OR FROM THE POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES TO BE LICENSED  THAT  IS  CLOSEST  TO  THE
PROPERTY  BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT TO
THIS SECTION TO THE CLOSEST POINT ON THE  BOUNDARY  LINE  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 OR RENEWAL THEREOF  SHALL  BE  DENIED  TO  ANY  PREMISES
PURSUANT  TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR  TO  DECEMBER  THIRTY-FIRST,
TWO THOUSAND FOURTEEN; 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,  AT  WHICH  A  LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE
CONTINUOUSLY  ON  OR  PRIOR  TO   NOVEMBER   FIRST,   NINETEEN   HUNDRED
NINETY-THREE.
  S  3.  Subdivision 5 of section 64-b of the alcoholic beverage control
law is amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE MILLION
PEOPLE, NO BOTTLE CLUB LICENSE SHALL BE GRANTED FOR ANY  PREMISES  WHICH
SHALL  BE  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 POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO  BE  LICENSED
THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY LINE OF SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF
WORSHIP; 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  OR  RENEWAL  THEREOF  SHALL BE DENIED TO ANY PREMISES
PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS  BEEN
IN  EXISTENCE  CONTINUOUSLY  FROM A DATE PRIOR TO DECEMBER THIRTY-FIRST,
TWO THOUSAND FOURTEEN.
  S 4. Paragraph (d) of subdivision 11 of section 64-c of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended and a new paragraph (b-1) is added to read as follows:
  (B-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH  (III)  OF  PARA-
GRAPH  (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO CITIES
HAVING POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS  IN

S. 201--A                           4

SUBPARAGRAPHS  (I)  AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION ARE TO
BE TAKEN IN STRAIGHT LINES FROM THE POINT ON THE PROPERTY BOUNDARY  LINE
OF  THE PREMISES TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY BOUNDARY
LINE  OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE
CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF  SUCH  SCHOOL,  CHURCH,
SYNAGOGUE  OR  OTHER PLACE OF WORSHIP, OR FROM THE POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES TO BE LICENSED  THAT  IS  CLOSEST  TO  THE
PROPERTY  BOUNDARY LINE OF A PREMISES LICENSED AND OPERATING PURSUANT TO
THIS SECTION TO THE CLOSEST POINT ON THE  BOUNDARY  LINE  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 OR RENEWAL THEREOF  SHALL  BE  DENIED  TO  ANY  PREMISES
PURSUANT  TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR  TO  DECEMBER  THIRTY-FIRST,
TWO THOUSAND FOURTEEN; 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  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, NINETEEN HUNDRED NINETY-THREE.
  (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  perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization  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 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.  Paragraph  (c) of subdivision 3 of section 105 of the alcoholic
beverage control law, as added by chapter 406 of the laws  of  2007,  is
amended and a new paragraph (b-1) is added to read as follows:

S. 201--A                           5

  (B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION,  WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE
MILLION PEOPLE, 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 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 POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES TO  BE  LICENSED
THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY
BOUNDARY LINE OF SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF
WORSHIP;  EXCEPT,  HOWEVER, THAT NO LICENSE SHALL BE DENIED TO ANY PREM-
ISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTIN-
UOUSLY 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 OR RENEWAL THEREOF SHALL  BE  DENIED  TO  ANY
PREMISES  PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER
HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO  DECEMBER  THIR-
TY-FIRST, TWO THOUSAND FOURTEEN.
  (c)  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]  BENEFITING  the  not-for-profit  religious
[organizations] 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, alco-
holism, drug addiction, cancer, cerebral palsy, Parkinson's disease,  or
Alzheimer's  disease;  the  use of the building for blood drives, health
screenings, health information 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 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 on the one hundred eightieth day after
it shall have become a law.

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