senate Bill S3560

Signed By Governor
2013-2014 Legislative Session

Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location

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Archive: Last Bill Status Via A4851 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2013 signed chap.110
Jul 02, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.229
substituted for s3560
Jun 21, 2013 substituted by a4851
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.229
Feb 05, 2013 referred to commerce, economic development and small business

Votes

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Mar 19, 2013 - Commerce, Economic Development and Small Business committee Vote

S3560
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Mar 19, 2013

nay (1)

Co-Sponsors

S3560 - Bill Details

See Assembly Version of this Bill:
A4851
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §64, ABC L

S3560 - Bill Texts

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Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location.

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BILL NUMBER:S3560

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing an exemption for a retail liquor license

SUMMARY OF PROVISIONS:

Section 1 authorizes the State Liquor Authority to issue a retail
license for on-premises consumption of alcohol for a premises which
shall be located within two hundred feet of a building occupied exclu-
sively as a school per a Predetermined boundary as outlined in this
section.

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow
the Brooklyn Botanic Garden to sell alcohol for on-premises consumption
at one of its facilities.

JUSTIFICATION: After Brooklyn Botanic Garden completed construction on
its new Visitor Center in 2012, it was determined that the entrance to
the facility that housed as its new banquet hall was within 200 feet of
a school, even though the banquet space itself is located considerably
outside of the restriction zone. There had been a mistake in the meas-
urement process and as a result, the facility is presently only allowed
to serve wine and beer.

This legislation is necessary to correct that mistake and allow for
alcohol to be served in the Garden's new banquet space. The construction
of the Visitor Center enjoyed a wide array of community support and it
was made clear from the beginning of the process that it was intended
for this space to serve alcohol. There is no anticipated opposition to
this legislation. In addition, without this license, the Garden will
continue to lose out on much needed revenue that was intended to support
their focus of providing an enriching horticulture experience for all
its visitors.

LEGISLATIVE HISTORY: This is new legislation.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3560

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced by Sens. ADAMS, MONTGOMERY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  providing an exemption for a retail liquor license

  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 is amended by adding  a  new  paragraph  (e-5)  to  read  as
follows:
  (E-5) 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 LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL,  PROVIDED  SUCH PREMISES
CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES  AT  RETAIL  FOR
CONSUMPTION  ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE  CITY  OF  NEW  YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE DISTANT
636.45  FEET  SOUTHERLY  FROM  THE INTERSECTION OF THE SOUTHERLY SIDE OF
EASTERN PARKWAY AND WESTERLY SIDE OF WASHINGTON AVENUE, SAID POINT BEING
THE POINT OF BEGINNING; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE
OF WASHINGTON AVENUE, A DISTANCE OF 345.43 FEET; THENCE  WESTERLY  ALONG
THE  LINE  FORMING  AN  INTERIOR  ANGLE  WITH  THE PREVIOUS COURSE OF 90
DEGREES 00 MINUTES 00 SECONDS, A DISTANCE OF 122.68 FEET; THENCE  NORTH-
ERLY  ALONG  THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE
OF 58 DEGREES 50 MINUTES 53 SECONDS, A DISTANCE OF 123.94  FEET;  THENCE
NORTHERLY  ALONG  THE  LINE  FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS
COURSE OF 159 DEGREES 18 MINUTES 33 SECONDS, A DISTANCE OF  36.59  FEET;
THENCE  NORTHERLY  ALONG  THE  LINE  FORMING  AN EXTERIOR ANGLE WITH THE
PREVIOUS COURSE OF 169 DEGREES 36 MINUTES  23  SECONDS,  A  DISTANCE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06826-01-3

S. 3560                             2

26.26  FEET;  THENCE  WESTERLY  ALONG THE LINE FORMING AN EXTERIOR ANGLE
WITH THE PREVIOUS COURSE  OF  123  DEGREES  49  MINUTES  33  SECONDS,  A
DISTANCE  OF  58.57 FEET; THENCE SOUTHWESTERLY ALONG THE LINE FORMING AN
EXTERIOR  ANGLE  WITH  THE  PREVIOUS COURSE OF 129 DEGREES 53 MINUTES 13
SECONDS, A DISTANCE OF 108.38 FEET; THENCE WESTERLY, A DISTANCE OF 84.05
FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 192.59 FEET,  AND
HAVING  A  CENTRAL  ANGLE  OF  25°00'14"; THENCE WESTERLY, A DISTANCE OF
58.94 FEET ALONG A CURVE TO THE RIGHT, WHICH  HAS  A  RADIUS  OF  181.42
FEET,  AND  HAVING  A  CENTRAL  ANGLE  OF  18°36'54". THENCE WESTERLY, A
DISTANCE OF 354.56 FEET; THENCE NORTHERLY  ALONG  THE  LINE  FORMING  AN
INTERIOR  ANGLE  WITH  THE  PREVIOUS  COURSE OF 90 DEGREES 14 MINUTES 09
SECONDS, A DISTANCE OF 114.49 FEET; THENCE EASTERLY ALONG THE LINE FORM-
ING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 286 DEGREES 53 MINUTES
22 SECONDS, A DISTANCE OF 7.54 FEET;  THENCE  EASTERLY  ALONG  THE  LINE
FORMING  AN  INTERIOR  ANGLE  WITH THE PREVIOUS COURSE OF 195 DEGREES 07
MINUTES 53 SECONDS, A DISTANCE OF 159.88 FEET; THENCE EASTERLY ALONG THE
LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF  193  DEGREES
52  MINUTES 57 SECONDS, A DISTANCE OF 161.51 FEET; THENCE WESTERLY ALONG
THE LINE FORMING AN INTERIOR ANGLE  WITH  THE  PREVIOUS  COURSE  OF  257
DEGREES  31  MINUTES  43  SECONDS,  A  DISTANCE  OF  116.17 FEET; THENCE
NORTHEASTERLY, A DISTANCE OF 7.07 FEET ALONG A NON-TANGENT CURVE TO  THE
RIGHT,  HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 89°59'10" AND A
CHORD OF 6.36 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE  PREVI-
OUS  COURSE  OF 135 DEGREES 01 MINUTES 12 SECONDS; THENCE EASTERLY ALONG
THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD  OF  THE  ABOVE-REFER-
ENCED  CURVE  OF 135 DEGREES 01 MINUTES 17 SECONDS, A DISTANCE OF 135.59
FEET; THENCE EASTERLY, A DISTANCE OF  81.93  FEET  ALONG  A  NON-TANGENT
CURVE  TO  THE  LEFT, HAVING A RADIUS OF 272.93 FEET, A CENTRAL ANGLE OF
17°11'59" AND A CHORD OF 81.63 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE
WITH THE PREVIOUS COURSE OF 186 DEGREES 52 MINUTES  37  SECONDS;  THENCE
EASTERLY  ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE
ABOVE-REFERENCED CURVE OF 192 DEGREES 21 MINUTES 11 SECONDS, A  DISTANCE
OF  38.24 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE
WITH THE PREVIOUS COURSE  OF  183  DEGREES  09  MINUTES  51  SECONDS,  A
DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNING.
  S 2. This act shall take effect immediately.

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