S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1271
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   extending the two hundred foot rule to certain treatment facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a),  (c),  (d)  and  (e) of subdivision 7 of
 section 64 of the alcoholic beverage control law, as amended by  chapter
 463 of the laws of 2009, are amended to read as follows:
   (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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH MENTAL
 ILLNESS OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE  MENTAL  HYGIENE
 LAW or
   (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 SUCH
 TREATMENT FACILITY FOR  INDIVIDUALS  WITH  MENTAL  ILLNESS  OR  CHEMICAL
 DEPENDENCE  OPERATED PURSUANT TO THE MENTAL HYGIENE LAW or to the center
 of the nearest entrance of each such  premises  licensed  and  operating
 pursuant  to  this  section  and  sections  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, restau-
 rant, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00277-01-9

 A. 1271                             2
 
 place  of worship OR AS A TREATMENT FACILITY; 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 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 catering facili-
 ties  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 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 OR TREATMENT FACILITY, provided that
 such  new  location  is  not  within  a  closer distance to such school,
 church, synagogue or other place of worship OR SUCH TREATMENT FACILITY.
   (d) Within the context of this subdivision, the word "entrance"  shall
 mean  a door of a school, of a house of worship, OF A TREATMENT FACILITY
 FOR INDIVIDUALS WITH MENTAL  ILLNESS  OR  CHEMICAL  DEPENDENCE  OPERATED
 PURSUANT TO THE MENTAL HYGIENE LAW 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 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, TO
 PATIENTS AND VISITORS OF A TREATMENT FACILITY 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
 of  this  article  or of the premises sought to be licensed, except that
 where a school or house of worship OR  TREATMENT  FACILITY  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  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".
   (e) Notwithstanding the provisions of this chapter  to  the  contrary,
 the  authority  may  issue  a  license  to  sell  liquor at retail to be
 consumed on premises to a club as such term is  defined  in  subdivision
 nine  of  section  three  of this chapter whether or not the building in
 which the premises for which such license is to be issued is used exclu-
 sively for club purposes and whether or not such premises is within  two
 hundred  feet  of a building used exclusively as a school, church, syna-
 gogue or place of worship OR AS A  TREATMENT  FACILITY  FOR  INDIVIDUALS
 WITH  MENTAL  ILLNESS  OR  CHEMICAL  DEPENDENCE OPERATED PURSUANT TO THE
 MENTAL HYGIENE LAW if such club is affiliated or  associated  with  such
 school, church, synagogue or place of worship OR SUCH TREATMENT FACILITY
 and  the governing body of such school, church, synagogue or other place
 of worship OR TREATMENT FACILITY  has  filed  written  notice  with  the
 authority that it has no objection to the issuance of such license.

 A. 1271                             3
 
   § 2. Subparagraphs (i) and (iii) of paragraph (a) and 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,  are  amended  to  read  as
 follows:
   (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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH MENTAL
 ILLNESS OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE  MENTAL  HYGIENE
 LAW 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 SUCH TREATMENT FACILITY FOR INDIVIDUALS WITH  MENTAL  ILLNESS
 OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE MENTAL HYGIENE LAW 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 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 OR  AS  A  TREATMENT  FACILITY;  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-b,
 sixty-four-c, and/or sixty-four-d 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  OR
 TREATMENT  FACILITY,  provided  that  such  new location is not within a
 closer distance to such school, church,  synagogue  or  other  place  of
 worship OR SUCH TREATMENT FACILITY.
   (b)  Within the context of this subdivision, the word "entrance" shall
 mean a door of a school, of a house of worship, OR OF A TREATMENT FACIL-
 ITY FOR INDIVIDUALS WITH MENTAL ILLNESS OR CHEMICAL DEPENDENCE  OPERATED
 PURSUANT TO THE MENTAL HYGIENE LAW 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 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, TO PATIENTS OR
 VISITORS OF THE TREATMENT FACILITY and to patrons or guests of the prem-
 ises licensed and  operating  pursuant  to  this  section  and  sections
 sixty-four,  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 TREATMENT FACILITY or premises licensed
 and operating pursuant to this section and sections  sixty-four,  sixty-
 four-b,  sixty-four-c,  and/or sixty-four-d 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

 A. 1271                             4
 
 directly  to  a  part  of  a  building not regularly used by the general
 public or patrons, is not deemed an "entrance".
   § 3. Subparagraphs (i) and (iii) of paragraph (a) and paragraph (b) of
 subdivision  5  of  section  64-b of the alcoholic beverage control law,
 subparagraphs (i) and (iii) of paragraph (a) as  amended  and  paragraph
 (b)  as added by chapter 463 of the laws of 2009, are amended to read as
 follows:
   (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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH  MENTAL
 ILLNESS  OR  CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE MENTAL HYGIENE
 LAW; 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  SUCH TREATMENT FACILITY FOR INDIVIDUALS WITH MENTAL ILLNESS
 OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE MENTAL HYGIENE LAW 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 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 OR AS A TREATMENT FACILITY; 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-c,  and/or  sixty-four-d  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 OR SAID
 TREATMENT  FACILITY,  provided  that  such  new location is not within a
 closer distance to such school, church,  synagogue  or  other  place  of
 worship OR SUCH TREATMENT FACILITY.
   (b)  Within the context of this subdivision, the word "entrance" shall
 mean a door of a school, of a house of worship, OF A TREATMENT  FACILITY
 FOR  INDIVIDUALS  WITH  MENTAL  ILLNESS  OR CHEMICAL DEPENDENCE OPERATED
 PURSUANT TO THE MENTAL HYGIENE LAW 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 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,  TO  PATIENTS  AND
 VISITORS  OF  A TREATMENT FACILITY and to patrons or guests of the prem-
 ises licensed and  operating  pursuant  to  this  section  and  sections
 sixty-four,  sixty-four-a,  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 TREATMENT FACILITY or premises licensed
 and operating pursuant to this section and sections  sixty-four,  sixty-
 four-a,  sixty-four-c,  and/or sixty-four-d 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

 A. 1271                             5
 
 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".
   § 4. Subparagraphs (i) and (iii) of paragraph (a) and paragraph (b) of
 subdivision 11 of section 64-c of the alcoholic beverage control law, as
 amended by chapter 463 of the laws of  2009,  are  amended  to  read  as
 follows:
   (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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH MENTAL
 ILLNESS OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE  MENTAL  HYGIENE
 LAW; 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 SUCH TREATMENT FACILITY FOR INDIVIDUALS WITH  MENTAL  ILLNESS
 OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE MENTAL HYGIENE LAW 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 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  OR  AS  A  TREATMENT  FACILITY  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 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, OF A TREATMENT FACILITY
 FOR INDIVIDUALS WITH MENTAL  ILLNESS  OR  CHEMICAL  DEPENDENCE  OPERATED
 PURSUANT  TO  THE  MENTAL HYGIENE LAW or premises licensed and operating
 pursuant to this section and sections sixty-four,  sixty-four-a,  sixty-
 four-b  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, TO PATIENTS OR
 VISITORS OF THE TREATMENT FACILITY and to patrons or guests of the prem-
 ises licensed and  operating  pursuant  to  this  section  and  sections
 sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this arti-
 cle or of the premises sought to be licensed, except that where a school
 or house of worship OR TREATMENT FACILITY or premises licensed and oper-
 ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
 sixty-four-b and/or sixty-four-d 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 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".

 A. 1271                             6
 
   § 5. Paragraphs (a), (c) and (d) of subdivision 8 of section  64-d  of
 the  alcoholic  beverage  control law, paragraphs (a) and (c) as amended
 and paragraph (d) as added by chapter 463  of  the  laws  of  2009,  are
 amended to read as follows:
   (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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH MENTAL
 ILLNESS OR CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE  MENTAL  HYGIENE
 LAW or
   (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 SUCH
 TREATMENT FACILITY FOR  INDIVIDUALS  WITH  MENTAL  ILLNESS  OR  CHEMICAL
 DEPENDENCE  OPERATED PURSUANT TO THE MENTAL HYGIENE LAW 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-c 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,  syna-
 gogue  or  other place of worship OR AS A TREATMENT FACILITY; 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  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  OR  SAID  TREATMENT
 FACILITY,  provided  that  such  new  location  is  not  within a closer
 distance to such school, church, synagogue or other place of worship  OR
 SUCH TREATMENT FACILITY.
   (d)  within the context of this subdivision, the word "entrance" shall
 mean a door of a school, of a house of worship, OF A TREATMENT  FACILITY
 FOR  INDIVIDUALS  WITH  MENTAL  ILLNESS  OR CHEMICAL DEPENDENCE OPERATED
 PURSUANT TO THE MENTAL HYGIENE LAW 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 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,  TO  PATIENTS  AND
 VISITORS OF THE TREATMENT FACILITY and to patrons or guests of the prem-
 ises  licensed  and  operating  pursuant  to  this  section and sections
 sixty-four, sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this
 article  or  of  the premises sought to be licensed, except that where a
 school or house of worship OR TREATMENT FACILITY  or  premises  licensed
 and  operating  pursuant to this section and sections sixty-four, sixty-
 four-a, sixty-four-b, and/or sixty-four-c 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-

 A. 1271                             7
 
 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".
   §  6.  Paragraphs  (a)  and (b) of subdivision 3 of section 105 of the
 alcoholic beverage control law, as amended by chapter 406 of the laws of
 2007, are amended to read as follows:
   (a) No retail license to sell  liquor  and/or  wine  for  off-premises
 consumption  shall be granted for any premises which shall be located 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 AS A TREATMENT FACILITY FOR INDIVIDUALS WITH  MENTAL  ILLNESS
 OR  CHEMICAL DEPENDENCE OPERATED PURSUANT TO THE MENTAL HYGIENE LAW; the
 measurements to be taken in a straight line from the center of the near-
 est entrance to the building used for such school, church, synagogue  or
 other  place  of worship OR SUCH TREATMENT FACILITY to the center of the
 nearest entrance of the premises to be licensed; except,  however,  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 OR TREATMENT FACILITY.
   (b) Within the context of this subdivision, the word "entrance"  shall
 mean  a door of a school, of a house of worship, OF A TREATMENT FACILITY
 FOR INDIVIDUALS WITH MENTAL  ILLNESS  OR  CHEMICAL  DEPENDENCE  OPERATED
 PURSUANT  TO  THE  MENTAL  HYGIENE  LAW  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, TO PATIENTS AND VISI-
 TORS  OF THE TREATMENT FACILITY and to patrons or guests of the premises
 proposed to be licensed, except that where a school or house of  worship
 OR  TREATMENT FACILITY is set back from a public thoroughfare, the walk-
 way 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 emer-
 gency 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".
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.