NY State Senate Bill 2017-S8771

Senate Bill S8771

2017-2018 Legislative Session

Authorizes certain premises in the town of Rushford and county of Allegany to sell wine and/or liquor within 200 feet of a church

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 11, 2018	ordered to third reading cal.1679 committee discharged and committed to rules
May 15, 2018	referred to investigations and government operations

Votes

- Jun 11, 2018 - Rules Committee Vote
  S8771
  
  22
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 11, 2018
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Krueger
      
      aye wr (2)
      
      Dilan
      
      Gianaris

2017-S8771 (ACTIVE) - Details

See Assembly Version of this Bill:: A10738
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §105, ABC L
Versions Introduced in 2019-2020 Legislative Session:: A5673

2017-S8771 (ACTIVE) - Summary

Authorizes certain premises in the town of Rushford and county of Allegany to sell wine and/or liquor within 200 feet of a school, church, synagogue or other place of worship.

2017-S8771 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8771

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
authorizing certain premises, in the town of Rushford, county of Allega-
ny, and within two hundred feet of a school, church, synagogue or other
place of worship, to be licensed to sell at retail, liquor and/or wine
for off-premises consumption

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish an exemption from the alcoholic beverage
control law to authorize the state liquor authority to be able to disre-
gard the 200-foot rule in the potential granting of an off premises wine
and/or liquor license for a parcel of land in the town of Rushford,
Allegany County.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 3 of section 105 of the alco-
holic beverage control law to add a new paragraph (d) to provide an
exemption from the 200-foot rule for a certain parcel of land containing
approximately .08 acre in the town of Rushford, Allegany County.

 
JUSTIFICATION:

The state liquor authority initially advised the owner of the Rushford
General store that the 200-foot rule would not apply to his application
to operate a wine store license within the Town of Rushford. The rule
specifically prohibits the location of an off premises wine or liquor
store within 200 feet of a church. The First Baptist Church is within
200 feet of the Rushford General Store. In reliance upon the information
received from the liquor authority, the applicant made additional
improvements and investments in order to secure a wine/liquor off prem-
ises license for the Rushford General Store. Subsequently the state
liquor authority admitted to the applicant that he was given incorrect
information by the Authority; that the 200 foot rule would in fact bar
his application; and that he should pursue the introduction of special
legislation in order to be able to carry through with his plans. As a
small business owner, the applicant wishes to ensure his store's contin-
ued survival in a small town which currently is experiencing a lack of
commercial activity.  In this instance, given that the applicant has
detrimentally relied upon information provided by the liquor authority,
and in that the 200 foot rule is an antiquated vestige of the alcohol
beverage control law, it should not serve as an impediment to the expan-
sion of a small rural business.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8771
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing certain premises, in the town of Rushford, county of Alle-
   gany,  and  within  two hundred feet of a school, church, synagogue or
   other place of worship, to be  licensed  to  sell  at  retail,  liquor
   and/or wine for off-premises consumption
 
   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)  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT APPLY TO PREMISES
 UPON THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF RUSHFORD, COUN-
 TY OF ALLEGANY AND STATE OF NEW YORK, AND IN LOT  NUMBER  THIRTY-SIX  IN
 SAID  TOWN,  DESCRIBED  AS  FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID
 LOT, SEVENTY-ONE AND ONE-HALF (71 1/2) LINKS WEST OF THE CENTER OF  SAID
 TOWN,  AND  RUNNING  THENCE  SOUTH TO FORMERLY CHAUNCEY MCDONALD'S NORTH
 LINE, TWO CHAINS AND FIFTY-NINE LINKS; THENCE WEST PARALLEL TO THE NORTH
 LINE, TWENTY-FOUR FEET; THENCE NORTH TWO CHAINS  AND  FIFTY-NINE  LINKS,
 PARALLEL TO THE EAST LINE OF SAID LOT TO THE NORTH LINE OF THE SAME, AND
 THENCE  EAST TWENTY-FOUR FEET, TO THE PLACE OF BEGINNING, AND CONTAINING
 ABOUT TWELVE AND ONE-HALF SQUARE RODS OF LAND, BE THE SAME MORE OR LESS.
   INCLUDING A RIGHT-OF-WAY ACROSS LANDS  WEST  OF  THE  ABOVE  DESCRIBED
 PREMISES,  AND  SUBJECT TO RIGHT-OF-WAY ACROSS THAT PART OF THE PREMISES
 LYING SOUTH OF THE  BUILDING  ON  THE  PREMISES,  AS  MORE  PARTICULARLY
 DEFINED IN DEED OF WILLIAM E. KYES (OR KEYES) AND WIFE, TO IDA M.  LEAV-
 ENS AND SUMNER E. KILMER, DATED JANUARY 2, 1879, AND RECORDED IN ALLEGA-
 NY COUNTY CLERK'S OFFICE IN LIBER 111 OF DEEDS AT PAGE 293.
   SUCH  PREMISES  BEING  THE SAME AS CONVEYED BY JESSIE MARIE BALDWIN TO
 JOE J. KLEIN BY DEED DATED AUGUST 2,  1973,  RECORDED  IN  SAID  CLERK'S
 OFFICE IN LIBER 621 OF DEEDS AT PAGE 7.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13839-01-7

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