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Assembly Bill A9038

2015-2016 Legislative Session

Allows liquor licenses to be issued to certain premises within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship

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Archive: Last Bill Status - In Assembly Committee

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2015-A9038 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง105, 64 - 64-d, ABC L
Versions Introduced in 2017-2018 Legislative Session:
A2083

2015-A9038 (ACTIVE) - Summary

Allows liquor licenses to be issued to certain premises within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship.

2015-A9038 (ACTIVE) - Bill Text download pdf 

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

                                  9038

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  allowing  liquor  licenses to be issued to certain premises within two
  hundred feet of a building occupied exclusively as a  school,  church,
  synagogue or other place of worship

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

  Section 1. Subdivision 3 of section  105  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES  CONSUMP-
TION FOR A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED  EXCLUSIVELY  AS  A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED:
  (I) SUCH PREMISES CONSTITUTES A PREMISES  FOR  THE  SALE  OF  FOOD  OR
BEVERAGES  AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVERNIGHT
LODGING FACILITY;
  (II) SUCH PREMISES IS WHOLLY LOCATED WITHIN A  MUNICIPALITY  HAVING  A
POPULATION OF LESS THAN ONE MILLION PEOPLE;
  (III)  SUCH  PREMISES  IS  LOCATED  IN  A  COMMERCIAL RETAIL ZONE THAT
PERMITS THE SALE OF LIQUOR; AND
  (IV) THE GOVERNING BODY OF THE MUNICIPALITY  ENACTS  A  LOCAL  LAW  OR
RESOLUTION IN SUPPORT OF THE APPLICATION FOR THE LICENSE.
  S 2. Subdivision 7 of section 64 of the alcoholic beverage control law
is amended by adding a new paragraph (e-8) to read as follows:
  (E-8) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR  OTHER  PLACE  OF
WORSHIP, PROVIDED:
  (I)  SUCH  PREMISES  CONSTITUTES  A  PREMISES  FOR THE SALE OF FOOD OR
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN  OVERNIGHT
LODGING FACILITY;

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

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