S T A T E O F N E W Y O R K
________________________________________________________________________
2083
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. SKARTADOS, MONTESANO, LALOR, GOTTFRIED, BICHOTTE,
PALMESANO -- Multi-Sponsored by -- M. of A. COOK, CROUCH, KEARNS --
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.
§ 2. Subdivision 7 of section 64 of the alcoholic beverage control law
is amended by adding a new paragraph (e-9) to read as follows:
(E-9) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01538-01-7
A. 2083 2
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.
§ 3. Subdivision 7 of section 64-a of the alcoholic beverage control
law is amended by adding a new paragraph (c-4) to read as follows:
(C-4) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR
ON-PREMISES CONSUMPTION 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.
§ 4. Subdivision 5 of section 64-b of the alcoholic beverage control
law is amended by adding a new paragraph (c-1) to read as follows:
(C-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR
ON-PREMISES CONSUMPTION 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.
§ 5. Subdivision 11 of section 64-c of the alcoholic beverage control
law is amended by adding a new paragraph (c-1) to read as follows:
(C-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR
ON-PREMISES CONSUMPTION 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;
A. 2083 3
(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.
§ 6. Subdivision 8 of section 64-d of the alcoholic beverage control
law is amended by adding a new paragraph (g) to read as follows:
(G) 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.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law.