senate Bill S7780

2013-2014 Legislative Session

Relates to licensing to sell liquor at retail for consumption on the premises in a motion picture theatre

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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
Jun 09, 2014 referred to investigations and government operations

S7780 - Bill Details

See Assembly Version of this Bill:
A10125
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ABC L, generally

S7780 - Bill Texts

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Relates to licensing to sell liquor at retail for consumption on the premises in a motion picture theatre.

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BILL NUMBER:S7780

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to wine, beer and liquor in motion picture theatres

PURPOSE: Allows motion picture theatres to apply for a license to sell
liquor at retail for consumption on premise.

SUMMARY OF PROVISIONS:

Section 1 amends Section 3 of the Alcoholic Beverage Control law by
adding subdivision 20-f to define a motion picture theatre.

Section 2 amends the Alcoholic Beverage Control law by adding section
64-e which allows any person an application for a license to sell liquor
at retail for consumption on the premises in a motion picture theatre.
Section 2 of Section 64-e of the Alcoholic Beverage Control law states a
license under this section will be issued to all applicants except for
good cause shown and circumstances of application denial. Section 3
states the requirement of information within the application, without an
additional fee. Section 4 states Section 54 of this chapter shall
control so far as applicable the procedure in connection with such
application. Section 5 gives the conditions of the application and
penalties of failing to comply. Section 6 states that places defined as
restaurants with table seating or seat-side tables where meals are
served will not be prohibited the issuance of a license. Section 7
states on premise consumption location guidelines and requirements.

Sections 3-22 Amends sections of the Alcoholic Beverage Control law by
adding 64-e to appropriate license restriction and enforcement sections.

Section 23 establishes the effective date.

JUSTIFICATION: In recent years the entertainment industry has changed
dramatically. Consumers now have a larger selection of options to view
motion pictures other than going directly to the theatre. Netflix,
Amazon Prime, pay-per-view, and on demand services provide high defi-
nition entertainment without having to leave your home, which has caused
a burden on the motion picture theatre industry.

Allowing motion picture theaters to sell alcoholic beverages at retail
for on premise consumption would give them with the ability to provide
adults the experience that other industries offer. By giving movie thea-
tres the opportunity to sell alcohol they would be able attract consum-
ers like similar adult entertainment venues including Casinos, concerts,
and sporting events. States like California, Colorado, Florida, North
Carolina, and Tennessee currently allow alcohol to be served in movie
theaters.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided, howev-
er, that the amendments to subdivision 3 of section 17 of the alcoholic
beverage control law made by section three of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with.

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

                                  7780

                            I N  S E N A T E

                              June 9, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN ACT to amend the alcoholic beverage control law, in relation to wine,
  beer and liquor in motion picture theatres

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding a new subdivision 20-f to read as follows:
  20-F. "MOTION PICTURE THEATRE" SHALL MEAN A BUILDING OR FACILITY WHICH
IS  REGULARLY  USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION
PICTURES ON A DAILY BASIS TO THE GENERAL  PUBLIC  WHERE  ALL  AUDITORIUM
SEATING  IS  PERMANENTLY  AFFIXED  TO  THE FLOOR AND AT LEAST SIXTY-FIVE
PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL  GROSS  REVENUES  IS  THE
COMBINED  RESULT OF ADMISSION REVENUE FOR THE SHOWING OF MOTION PICTURES
AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES.
  S 2. The alcoholic beverage control law is amended  by  adding  a  new
section 64-e to read as follows:
  S  64-E. LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES IN A MOTION PICTURE THEATRE. 1. ANY PERSON MAY MAKE AN  APPLICATION
TO THE STATE LIQUOR AUTHORITY FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR
CONSUMPTION  ON  THE  PREMISES IN A MOTION PICTURE THEATRE AS DEFINED IN
SUBDIVISION TWENTY-F OF SECTION THREE OF THIS CHAPTER.
  2. A LICENSE UNDER THIS SECTION SHALL  BE  ISSUED  TO  ALL  APPLICANTS
EXCEPT FOR GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE EXISTS TO
DENY AN APPLICATION, THE AUTHORITY MAY CONSIDER:
  (A)  THE HISTORY OF LIQUOR VIOLATIONS AND DOCUMENTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES CONNECTED WITH  THE  SALE  AND  CONSUMPTION  OF
ALCOHOLIC BEVERAGES;
  (B)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES FOR THE OPERATION
OF THE MOTION PICTURE THEATRE AND SALE OF ALCOHOLIC BEVERAGES;
  (C) THE AGGREGATE NUMBER OF SEATS IN THE MOTION PICTURE THEATRE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15514-01-4

S. 7780                             2

  (D) THE APPLICANT'S PROPOSED METHOD OF OPERATION AND ALCOHOLIC  BEVER-
AGE CONTROL PLAN;
  (E)  OBJECTIONS FROM THE LOCAL MUNICIPALITY BASED ON EVIDENCE OF NEGA-
TIVE IMPACTS TO THE SURROUNDING COMMUNITY;
  (F) ANY OTHER FACTORS, IN THE JUDGMENT OF THE  AUTHORITY,  THAT  WOULD
CREATE A RISK IN THE ORDERLY ENFORCEMENT OF THIS CHAPTER; AND
  (G) ANY OTHER FACTORS, SUCH AS THE CHARACTER AND FITNESS OF THE APPLI-
CANT  TO  HOLD  A  LICENSE,  THAT ARE RELEVANT TO DETERMINE WHETHER GOOD
CAUSE EXISTS TO DENY THE APPLICATION.
  3. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
INFORMATION  AS  SHALL  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT  REQUIRED  BY
THIS  ARTICLE  FOR  SUCH  LICENSE.  SUCH LICENSE SHALL ALSO BE DEEMED TO
INCLUDE A LICENSE TO SELL WINE AND BEER AT RETAIL TO BE  CONSUMED  UNDER
THE  SAME  TERMS  AND  CONDITIONS, WITHOUT THE PAYMENT OF ANY ADDITIONAL
FEE.
  4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
  5. A LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  THE
CONDITIONS  SET FORTH BELOW.  FAILURE TO COMPLY WITH ANY OF THESE CONDI-
TIONS SHALL, CONSTITUTE GROUNDS  FOR  THE  SUSPENSION,  CANCELLATION  OR
REVOCATION  OF THE LICENSE, AND/OR THE IMPOSITION OF A CIVIL PENALTY AND
THE RECOVERY OF THE PENAL SUM OF THE BOND ON FILE DURING THE  PERIOD  OF
THE VIOLATION.
  (A)  A  LICENSEE  SHALL NOT SELL OR SERVE AN ALCOHOLIC BEVERAGE TO ANY
PERSON THAT  DOES  NOT  DEMONSTRATE  THAT  THEY  ARE  OVER  THE  AGE  OF
TWENTY-ONE  AS  EVIDENCED  BY THE PRESENTATION OF A VALID FORM OF PHOTO-
GRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS  CHAP-
TER;
  (B) NO MORE THAN ONE ALCOHOLIC BEVERAGE SHALL BE SOLD OR SERVED TO ANY
ONE PERSON DURING ANY ONE TRANSACTION;
  (C) SUBJECT TO THE PROVISIONS SET FORTH IN SUBDIVISION FIVE OF SECTION
ONE  HUNDRED  SIX OF THIS CHAPTER, THE LICENSEE SHALL ONLY SELL OR SERVE
ALCOHOLIC BEVERAGES FOR THE PERIOD BEGINNING ONE HOUR PRIOR TO THE FIRST
MOTION PICTURE VIEWING AND ENDING UPON THE CONCLUSION OF THE LAST MOTION
PICTURE VIEWING; AND
  (D) THE LICENSEE MUST MAKE AVAILABLE TO ITS PATRONS FOOD THAT IS TYPI-
CALLY FOUND IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT  LIMITED  TO:
POPCORN, CANDY, AND LIGHT SNACKS.
  6.  NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE ISSUANCE OF A
LICENSE PURSUANT TO SECTION SIXTY-FOUR  OF  THIS  SECTION  TO  A  MOTION
PICTURE THEATRE OR OTHER VENUE THAT SHOWS MOTION PICTURES THAT MEETS THE
DEFINITION  OF  A  RESTAURANT  SET  FORTH IN SUBDIVISION TWENTY-SEVEN OF
SECTION THREE OF THIS CHAPTER AND WHERE ALL  SEATING  IS  AT  TABLES  OR
SEATSIDE TABLES WHERE MEALS ARE SERVED.
  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 THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR  SIXTY-FOUR-D  OF  THIS
ARTICLE.

S. 7780                             3

  8. (A) THE MEASUREMENTS IN SUBDIVISION SEVEN OF THIS SECTION 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,  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,  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  THIS  SECTION
AND   SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,
AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT WHICH A LICENSE UNDER THIS CHAP-
TER 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) FOR THE PURPOSES 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,  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-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 THIS SECTION AND  SECTIONS  SIXTY-FOUR,  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 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)  FOR  THE  PURPOSES  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

S. 7780                             4

ORGANIZATIONS OR GROUPS; USE OF THE BUILDING FOR  FUND-RAISING  PERFORM-
ANCES  BY  OR BENEFITING 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 INCLUDING
BUT NOT LIMITED TO, ALCOHOLISM, DRUG ADDITION, 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 "EXCLU-
SIVELY"  OCCUPIED  AS  A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT RELI-
GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
  9. NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION
SEVEN  OF  THIS  SECTION,  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-B,
SIXTY-FOUR-C,  AND/OR  SIXTY-FOUR-D OF THIS ARTICLE IF, AFTER  CONSULTA-
TION WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETERMINES THAT GRANT-
ING 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. THE HEARING MAY BE RESCHED-
ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED HEARING. BEFORE THE  AUTHORITY  ISSUES  ANY
SAID  LICENSE, THE AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF
MAY, IN ADDITION TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT
A PUBLIC MEETING REGARDING SAID LICENSE, UPON NOTICE  TO  THE  APPLICANT
AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD.  THE PUBLIC MEETING MAY BE
RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE
TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH
RESCHEDULED,  ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE TO THE MUNI-
CIPALITY 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 WHEREIN THREE OR MORE PREMISES ARE LICENSED
AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,
SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
ARTICLE.
  S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended by chapter 355 of the laws of 2013, is amended to read
as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against

S. 7780                             5

any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a,   sixty-three,   sixty-four,  sixty-four-a,  sixty-four-b,
sixty-four-c, SIXTY-FOUR-E, seventy-six-f, seventy-nine, eighty-one  and
eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections fifty-three,
seventy-six, seventy-six-a, and seventy-eight of this chapter,  provided
that  the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and
provisions  of  the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion remains unpaid, in whole or in  part,  more  than  forty-five  days
after  written  demand  for payment has been sent by first class mail to
the address of the licensed premises,  a  notice  of  impending  default
judgment  shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address  of  the  person  who
signed  the  most  recent license application.   The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
amount  of  the  civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the  notice;  (e)  the  violations  for
which  the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any  other
place  provided for the entry of civil judgments within the state of New
York unless the division receives full payment of  all  civil  penalties
due  within  twenty  days of the date of the notice of impending default
judgment. If full payment shall not have been received by  the  division
within  thirty  days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  S  4.  Subdivision  3  of section 55 of the alcoholic beverage control
law, as amended by chapter 531 of the laws of 1964, is amended  to  read
as follows:

S. 7780                             6

  3.  No  such  license  shall be issued, however, to any person for any
premises other than premises for which a license  may  be  issued  under
section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E of this chapter or
a hotel or premises which are kept, used, maintained, advertised or held
out  to  the  public to be a place where food is prepared and served for
consumption on the premises in such quantities as to satisfy the  liquor
authority  that  the  sale of beer intended is incidental to and not the
prime source of revenue from the operation of such premises. The forego-
ing provisions of this subdivision  shall  not  apply  to  any  premises
located  at,  in,  or  on the area leased by the city of New York to New
York World's Fair 1964 Corporation pursuant to the provisions of chapter
four hundred twenty-eight of the laws  of  nineteen  hundred  sixty,  as
amended  by  a chapter of the laws of nineteen hundred sixty-one, during
the term or duration of such lease. Such license may also  include  such
suitable  space outside of the licensed premises and adjoining it as may
be approved by the liquor authority.
  S 5. Subdivisions 1 and 2 of section 56-a of  the  alcoholic  beverage
control  law,  as amended by chapter 384 of the laws of 2013, is amended
to read as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
each  initial application for a license filed pursuant to section sixty-
three, sixty-four, sixty-four-a [or], sixty-four-b  OR  SIXTY-FOUR-E  of
this  chapter,  a  filing  fee of two hundred dollars; with each initial
application for a  license  filed  pursuant  to  section  fifty-three-a,
fifty-four, fifty-five, fifty-five-a, seventy-nine, eighty-one or eight-
y-one-a  of this chapter, a filing fee of one hundred dollars; with each
initial application for a permit filed pursuant to  section  ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is to be issued on a calendar year basis, ninety-four, nine-
ty-five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or
j  of  subdivision  one of section ninety-nine-b of this chapter if such
permit is to be issued on a calendar year basis, or  for  an  additional
bar pursuant to subdivision four of section one hundred of this chapter,
a  filing  fee of twenty dollars; and with each application for a permit
under section ninety-three-a of this chapter, other than a permit to  be
issued  on  a  calendar  year basis, section ninety-seven, ninety-eight,
ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
issued pursuant to paragraph b, c, e or j of subdivision one of  section
ninety-nine-b  of this chapter on a calendar year basis, a filing fee of
ten dollars.
  2. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each renewal application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal application for a license filed pursuant to section sixty-three,
sixty-four, sixty-four-a [or],  sixty-four-b  OR  SIXTY-FOUR-E  of  this
chapter,  a  filing fee of ninety dollars; with each renewal application
for a license filed pursuant  to  section  seventy-nine,  eighty-one  or
eighty-one-a  of  this chapter, a filing fee of twenty-five dollars; and
with each renewal application for a license or permit filed pursuant  to
section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,

S. 7780                             7

ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such  permit  is  issued  on a calendar year basis, ninety-four, ninety-
five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
sions b, c, e or j of section ninety-nine-b, if such permit is issued on
a  calendar  year  basis,  or with each renewal application for an addi-
tional bar pursuant to subdivision four of section one hundred  of  this
chapter, a filing fee of thirty dollars.
  S  6.  Paragraph  (b)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (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  this  section  and  sections
sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR
SIXTY-FOUR-E of this article;
  S  7.  Paragraph  (c)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
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, AND/OR SIXTY-FOUR-E of  this  arti-
cle; 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 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,  AND/OR  SIXTY-FOUR-E  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 cater-
ing facilities of a church, synagogue or other place of worship pursuant
to a written agreement between such person and the authorities in charge
of such facilities. The liquor authority, in its discretion, may author-
ize the removal of any such licensed premises to a different location on
the same street or avenue, within  two  hundred  feet  of  said  school,
church,  synagogue  or  other  place  of worship, provided that such new
location is not within a closer distance to such school,  church,  syna-
gogue or other place of worship.
  S  8.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:

S. 7780                             8

  (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-a,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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 attend-
ing  the  place  of  worship,  and  to patrons or guests of the premises
licensed  and  operating  pursuant  to   this   section   and   sections
sixty-four-a,  sixty-four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR
SIXTY-FOUR-E 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-a,  sixty-
four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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".
  S 9. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (f) 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 three or more exist-
ing premises  licensed  and  operating  pursuant  to  this  section  and
sections     sixty-four-a,    sixty-four-b,    sixty-four-c,    [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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. The hearing may be rescheduled,
adjourned or continued, and the  authority  shall  give  notice  to  the
applicant  and  the municipality or community board of any such resched-
uled, adjourned or continued hearing. Before the  authority  issues  any
said  license, the authority or one or more of the commissioners thereof
may, in addition to the hearing required by this paragraph, also conduct
a public meeting regarding said license, upon notice  to  the  applicant
and  the  municipality  or  community  board.  The public meeting may be
rescheduled, adjourned or continued, and the authority shall give notice
to the applicant and the municipality or community  board  of  any  such
rescheduled,  adjourned or continued public meeting. Notice to the muni-
cipality 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 wherein three or more premises are licensed
and operating  pursuant  to  this  section  and  sections  sixty-four-a,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
of this article.

S. 7780                             9

  S 10. Paragraph (a) of subdivision 7 of section 64-a of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (a)  No  special on-premises 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 this section and sections sixty-four,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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 this section and sections sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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.
  S 11. Paragraph (b) of subdivision 7 of section 64-a of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (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-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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-b, sixty-
four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of  this  article  or
the  premises  sought to be licensed is set back from a public thorough-
fare, 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-

S. 7780                            10

way or stairs at the point where it meets the building  line  or  public
thoroughfare.  A  door  which has no exterior hardware, or which is used
solely as an emergency or fire exit, or  for  maintenance  purposes,  or
which  leads  directly to a part of a building not regularly used by the
general public or patrons, is not deemed an "entrance".
  S 12. Paragraph (d) of subdivision 7 of section 64-a of the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (d) 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-b,  sixty-four-c,  [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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. The hearing may  be  rescheduled,  adjourned  or
continued,  and the authority shall give notice to the applicant and the
municipality or community board of any such  rescheduled,  adjourned  or
continued  hearing.  Before  the  authority issues any said license, the
authority or one or more of the commissioners thereof may,  in  addition
to the hearing required by this paragraph, also conduct a public meeting
regarding  said  license,  upon  notice to the applicant and the munici-
pality or community  board.  The  public  meeting  may  be  rescheduled,
adjourned  or  continued,  and  the  authority  shall give notice to the
applicant and the municipality or community board of any  such  resched-
uled,  adjourned  or  continued  public meeting. 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
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
of this article.
  S  13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b of
the alcoholic beverage control law, paragraph (a) as amended  and  para-
graph  (b) as added by chapter 463 of the laws of 2009 and paragraph (c)
as amended by chapter 185 of the laws of 2012, are amended  to  read  as
follows:
  (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; 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, AND/OR SIXTY-FOUR-E
of this article;

S. 7780                            11

  (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 this section and sections sixty-four,
sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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, AND/OR SIXTY-FOUR-E
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, AND/OR SIXTY-FOUR-E 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,  AND/OR  SIXTY-FOUR-E
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, AND/OR SIXTY-FOUR-E of  this  article  or
the  premises  sought to be licensed is set back from a public thorough-
fare, 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 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, AND/OR SIXTY-FOUR-E 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. The hearing may be rescheduled,

S. 7780                            12

adjourned  or  continued,  and  the  authority  shall give notice to the
applicant and the municipality or community board of any  such  resched-
uled,  adjourned  or  continued hearing. Before the authority issues any
said  license, the authority or one or more of the commissioners thereof
may, in addition to the hearing required by this paragraph, also conduct
a public meeting regarding said license, upon notice  to  the  applicant
and  the  municipality  or  community  board.  The public meeting may be
rescheduled, adjourned or continued, and the authority shall give notice
to the applicant and the municipality or community  board  of  any  such
rescheduled,  adjourned or continued public meeting. Notice to the muni-
cipality 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 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, AND/OR SIXTY-FOUR-E of this
article.
  S 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
beverage  control  law,  as added by chapter 366 of the laws of 2012, is
amended to read as follows:
  (a) For purposes of sections one hundred one and one  hundred  six  of
this  chapter,  a  person  licensed under this section shall be deemed a
"retailer" as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a  person
licensed under this section may also be licensed (or interested directly
or  indirectly  in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a,  fifty-five,
fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
sixty-four,  sixty-four-a,   sixty-four-b   [and],   sixty-four-d,   AND
SIXTY-FOUR-E of this article.
  S 15. Subdivision 11 of section 64-c of the alcoholic beverage control
law,  as amended by chapter 463 of the laws of 2009 and paragraph (c) as
amended by chapter 185 of the laws  of  2012,  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
sections  sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
AND SIXTY-FOUR-E 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 this section and sections sixty-four,
sixty-four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  of
this  article; except that no license shall be denied to any premises at

S. 7780                            13

which a license under this chapter has been  in  existence  continuously
from  a  date  prior  to  the date when a building on the same street or
avenue and within two hundred feet of said premises  has  been  occupied
exclusively as a school, church, synagogue or other place of worship and
except  that no license shall be denied to any premises, which is within
five hundred feet of three or more existing premises licensed and  oper-
ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
sixty-four-b [and/or], sixty-four-d, AND SIXTY-FOUR-E 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   this   section   and   sections   sixty-four,
sixty-four-a,  sixty-four-b  [and/or], sixty-four-d, AND SIXTY-FOUR-E 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-d, AND SIXTY-FOUR-E 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-d, AND/OR SIXTY-FOUR-E 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 hard-
ware, or which is used solely as an emergency or fire exit, or for main-
tenance  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-b [and/or],
sixty-four-d, AND/OR SIXTY-FOUR-E 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. The hearing may be rescheduled,
adjourned or continued, and the  authority  shall  give  notice  to  the
applicant  and  the municipality or community board of any such resched-
uled, adjourned or continued hearing. Before the  authority  issues  any
said  license, the authority or one or more of the commissioners thereof
may, in addition to the hearing required by this paragraph, also conduct
a public meeting regarding said license, upon notice  to  the  applicant
and  the  municipality  or  community  board.  The public meeting may be
rescheduled, adjourned or continued, and the authority shall give notice
to the applicant and the municipality or community  board  of  any  such
rescheduled,  adjourned or continued public meeting. Notice to the muni-
cipality 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

S. 7780                            14

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  or  sections  sixty-four,  sixty-
four-a, sixty-four-b [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this
article.
  S  16. Subdivision 8 of section 64-d of the alcoholic beverage control
law, as amended by chapter 463 of the laws of 2009 and paragraph (e)  as
amended  by  chapter  185  of  the  laws  of 2012, 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, sixty-four-a, sixty-
four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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 this section and  sections  sixty-four,  sixty-four-a,
sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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 pursuant to this
section and sections sixty-four,  sixty-four-a,  sixty-four-b,  [and/or]
sixty-four-c  AND/OR  SIXTY-FOUR-E  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 AND/OR SIXTY-FOUR-E 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 AND/OR SIXTY-FOUR-E of

S. 7780                            15

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  AND/OR SIXTY-FOUR-E of this article or the prem-
ises 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 thorough-
fare.  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 AND/OR SIXTY-FOUR-E 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.  The  hearing  may be rescheduled, adjourned or continued, and
the authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued hearing.
Before the authority issues any said license, the authority  or  one  or
more  of  the  commissioners  thereof  may,  in  addition to the hearing
required by this paragraph, also conduct a public meeting regarding said
license, upon notice to the applicant and the municipality or  community
board.    The public meeting may be rescheduled, adjourned or continued,
and the authority shall give notice to the  applicant  and  the  munici-
pality  or community board of any such rescheduled, adjourned or contin-
ued public meeting. 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  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 an existing premises
licensed and operating pursuant 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
AND/OR SIXTY-FOUR-E of this article.
  (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  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-

S. 7780                            16

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  17.  Subdivision  4 of section 66 of the alcoholic beverage control
law, as amended by section 3 of part Z of chapter  85  of  the  laws  of
2002, is amended to read as follows:
  4.  The  annual  fee  for  a  license,  under section sixty-four [or],
sixty-four-a[,] OR SIXTY-FOUR-E to sell liquor at retail to be  consumed
on  the  premises  where  sold  shall  be twenty-one hundred seventy-six
dollars in the counties of New York, Kings, Bronx  and  Queens;  fifteen
hundred  thirty-six  dollars  in  the  county  of Richmond and in cities
having a population of more than one hundred thousand and less than  one
million; twelve hundred sixteen dollars in cities having a population of
more than fifty thousand and less than one hundred thousand; and the sum
of  eight  hundred ninety-six dollars elsewhere; except that the license
fees for catering establishments shall be  two-thirds  the  license  fee
specified  herein  and  for clubs, except luncheon clubs and golf clubs,
shall be seven hundred fifty dollars in counties  of  New  York,  Kings,
Bronx  and Queens; five hundred dollars in the county of Richmond and in
cities having a population of more than one hundred  thousand  and  less
than  one  million; three hundred fifty dollars in cities having a popu-
lation of more than fifty thousand and less than one  hundred  thousand;
and  the sum of two hundred fifty dollars elsewhere. The annual fees for
luncheon clubs shall be three hundred seventy-five dollars, and for golf
clubs in the counties of New York, Kings, Bronx, Queens,  Nassau,  Rich-
mond  and  Westchester,  two  hundred  fifty  dollars, and elsewhere one
hundred eighty-seven dollars and fifty cents.  Notwithstanding any other
provision of law to the contrary, there shall be no  annual  fee  for  a
license,  under  section  sixty-four,  to  sell  liquor  at retail to be
consumed on the premises where the applicant is an  organization  organ-
ized  under  section  two hundred sixty of the military law and incorpo-
rated pursuant to the not-for-profit corporation law.  Provided,  howev-
er,  that  where  any premises for which a license is issued pursuant to
section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E  of  this  article
remain  open  only  within  the period commencing April first and ending
October thirty-first of any one year, or only within the period commenc-
ing October first and ending the following April thirtieth,  the  liquor
authority  may,  in  its  discretion,  grant  a summer or winter license
effective only for such appropriate period of time, for which a  license
fee  shall be paid to be pro-rated for the period for which such license

S. 7780                            17

is effective, at the rate provided for in the city, town or  village  in
which  such  premises are located, except that no such license fee shall
be less than one-half  of  the  regular  annual  license  fee;  provided
further  that  where  the  premises to be licensed are a race track or a
golf course or are licensed pursuant to section sixty-four [or],  sixty-
four-a,  OR  SIXTY-FOUR-E  of  this  chapter,  the period of such summer
license may commence March first and end November thirtieth.
  Where a hotel, restaurant, club, golf course or  race  track  is  open
prior to April first and/or subsequent to October thirty-first by reason
of  the issuance of a caterer's permit or permits issued by the authori-
ty, such fact alone shall not affect the eligibility of the premises  or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S  18.  Paragraph  a of subdivision 4 of section 81-a of the alcoholic
beverage control law, as added by chapter 666 of the laws  of  1987,  is
amended to read as follows:
  a.  No  such  license  shall  be issued to any person for any premises
other than premises for which a license  may  be  issued  under  section
sixty-four  OR SIXTY-FOUR-E of this chapter or a hotel or premises which
are kept, used, maintained, advertised or held out to the public to be a
place where food is prepared and served for consumption on the  premises
in  such  quantities as to satisfy the liquor authority that the sale of
wine intended is incidental to and not the prime source of revenue  from
the operation of such premises. Such license may also include such suit-
able  space  outside  the  licensed  premises and adjoining it as may be
approved by the liquor authority.
  S 19. Subdivision 7 of section 100 of the alcoholic  beverage  control
law,  as added by chapter 256 of the laws of 1978, is amended to read as
follows:
  7. Within ten days after filing a new application to  sell  liquor  at
retail  under section sixty-three, sixty-four, sixty-four-a [or], sixty-
four-b OR SIXTY-FOUR-E of this chapter, a notice thereof,  in  the  form
prescribed  by  the  authority,  shall  be  posted by the applicant in a
conspicuous place at the entrance to the proposed premises.  The  appli-
cant  shall  make  reasonable efforts to insure such notice shall remain
posted throughout the pendency of the application. The provisions hereof
shall apply only where no retail  liquor  license  has  previously  been
granted  for the proposed premise and shall, specifically, not be appli-
cable to a proposed sale of an existing business engaged in  the  retail
sale of liquor. The authority may adopt such rules it may deem necessary
to carry out the purpose of this subdivision.
  S  20.  The  closing  paragraph of subdivision 2 of section 102 of the
alcoholic beverage control law, as added by section  1  of  part  OO  of
chapter 56 of the laws of 2010, is amended to read as follows:
  As  used  in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the  principal  business  of  which
shall  be the providing of recreation in the form of golf, tennis, swim-
ming, skiing or boating; and (ii) premises in which the principal  busi-
ness  shall  be  the  operation  of  a  theatre, MOTION PICTURE THEATRE,
concert hall, opera house, bowling establishment, excursion  and  sight-
seeing  vessel,  or  accommodation  of athletic events, sporting events,
expositions and other similar events or occasions requiring the accommo-
dation of large gatherings of persons.
  S 21. Subdivision 1 of section 110-a of the alcoholic beverage control
law, as added by chapter 77 of the laws of 1999, is amended to  read  as
follows:

S. 7780                            18

  1.  Every  person  applying  for a license to sell alcoholic beverages
pursuant to subdivision four of section  fifty-one,  or  section  fifty-
five,  sixty-four,  sixty-four-a, sixty-four-c, SIXTY-FOUR-E, eighty-one
or eighty-one-a of this chapter shall publish notice thereof pursuant to
subdivision two of this section.
  S 22. Subdivision 1 of section 110-b of the alcoholic beverage control
law,  as  amended by chapter 560 of the laws of 2011, is amended to read
as follows:
  1. Not less than thirty days before filing any of the following appli-
cations, an applicant shall notify the municipality in which  the  prem-
ises is located of such applicant's intent to file such an application:
  (a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,  sixty-four-d,
SIXTY-FOUR-E, eighty-one or eighty-one-a of this chapter;
  (b) for a renewal under section one hundred nine of this chapter of  a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E, eighty-one or
eighty-one-a of this chapter if the premises is located within the  city
of New York;
  (c)  for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within  the  city  of  New  York  and
licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-E,  eighty-one  or
eighty-one-a of this chapter; or
  (d) for approval of a substantial corporate change under section nine-
ty-nine-d  of this chapter if the premises is located within the city of
New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E,
eighty-one or eighty-one-a of this chapter.
  S 23. This act shall take effect immediately, provided, however,  that
the  amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section three of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.

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