NY State Senate Bill 2019-S5095

Senate Bill S5095

Signed By Governor

2019-2020 Legislative Session

Relates to an exemption for certain property from the prohibition of alcohol sales within a certain distance from a church

download bill text pdf

Archive: Last Bill Status Via A7131 - Signed by Governor

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
Sep 13, 2019	signed chap.280 delivered to governor
Jun 12, 2019	returned to assembly passed senate 3rd reading cal.955 substituted for s5095
Jun 12, 2019	substituted by a7131
Jun 03, 2019	advanced to third reading
May 30, 2019	2nd report cal.
May 29, 2019	1st report cal.955
Apr 09, 2019	referred to commerce, economic development and small business

Votes

- Jun 12, 2019 - Floor Vote
  A7131
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 29, 2019 - Commerce, Economic Development And Small Business Committee Vote
  S5095
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 29, 2019
      
      aye (8)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Helming
      
      Kaplan
      
      Persaud
      
      aye wr (1)
      
      Sanders Jr.

2019-S5095 (ACTIVE) - Details

See Assembly Version of this Bill:: A7131
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2019-S5095 (ACTIVE) - Summary

Exempts certain property in Erie county from the prohibition of alcohol sales within a certain distance from a church.

2019-S5095 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5095

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to a license to sell liquor at retail for consumption on
certain premises

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow an establishment in the city of
Buffalo, Shango Bistro and Wine Bar, to be eligible to be issued a
retail liquor license despite being located within two hundred feet of a
religious institution.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 7 of section 64 of the alcoholic beverage
control law by adding a new paragraph (e-11) to authorize the State
Liquor Authority to issue a retail license for on-premises consumption
for a premises which shall be located within two hundred feet of a
building occupied as a church, synagogue or other place of worship,

provided such premises constitute a premises for the sale of food or
beverages at retail for consumption on the premises located wholly with-
in the boundaries of the county of Erie. Section one also describes the
bounds of said property, which is the Shango Bistro and Wine Bar located
at 3260 Main St. in the city of Buffalo.

Section 2 provides for an immediate effective date.

 
JUSTIFICATION:

Subdivision 7 of Section 64 of the Alcoholic Beverage Control Law
states: "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 ttao hundred feet of a building occupied exclusively as a school,
church, synagogue or other place of worship."

In certain instances where the affected school, church, synagogue or
other place of worship is not opposed to a neighboring establishment
being granted an on premise liquor license, the legislature has approve
an exemption from the "200 Foot Rule."

Shango Bistro and Wine Bar is a well-respected family owned business.
Its neighboring church supports Shango's efforts to obtain a full liquor
license. It is appropriate that they be granted an exemption to the
Alcoholic Beverage Control Law's "200 Foot Rule" to allow this respected
and responsible business an opportunity to grow and offer customers
additional menu options.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5095 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5095
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
   license to sell liquor at retail for consumption on certain premises

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
 control law is amended by adding a  new  paragraph  (e-11)  to  read  as
 follows:
   (E-11)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, THE  AUTHORITY  MAY  ISSUE  A  RETAIL  LICENSE  FOR  ON-PREMISES
 CONSUMPTION  FOR  A  PREMISES  WHICH SHALL BE LOCATED WITHIN TWO HUNDRED
 FEET OF A BUILDING OCCUPIED AS A CHURCH, SYNAGOGUE  OR  OTHER  PLACE  OF
 WORSHIP,  PROVIDED  SUCH  PREMISES CONSTITUTE A PREMISES FOR THE SALE OF
 FOOD OR BEVERAGES AT RETAIL FOR  CONSUMPTION  ON  THE  PREMISES  LOCATED
 WHOLLY  WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF  ERIE,  BOUNDED AND
 DESCRIBED AS FOLLOWS:
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  CITY  OF  BUFFALO,
 COUNTY  OF  ERIE  AND  STATE  OF  NEW YORK, AND BOUNDED AND DESCRIBED AS
 FOLLOWS: BEING PART OF LOT  NUMBER  SEVENTY-ONE  (71),  TOWNSHIP  ELEVEN
 (11),  RANGE  EIGHT  (8)  OF  THE HOLLAND LAND COMPANY'S SURVEY AND IN A
 SUBDIVISION OF PART OF SAID LOTS 71 AND 72, MADE FOR  MAIN  STREET  LAND
 AND  IMPROVEMENT CO., BY C.F.  WITMER, SURVEYOR, A MAP OF WHICH SUBDIVI-
 SION IS ON FILE IN ERIE COUNTY CLERK'S  OFFICE  UNDER  COVER  292.  THIS
 PREMISES  HERBY CONVEYED BEING DESIGNATED AS SUBDIVISION LOT NO. THIRTY-
 NINE (39) IN BLOCK "C" AND BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT IN THE WESTERLY LINE OF  MAIN  STREET  THIRTY-SIX
 AND  ONE-HALF  (36-1/2)  FEET  NORTHERLY  FROM ITS INTERSECTION WITH THE
 NORTHERLY LINE OF HEATH STREET (FORMERLY MORTON STREET). RUNNING  THENCE
 NORTHERLY  ALONG  SAID  LINE  OF  MAIN  STREET  THIRTY-SIX  AND ONE-HALF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11091-01-9

 S. 5095                             2
 
 (36-1/2) FEET; THENCE WESTERLY AT RIGHT ANGLES WITH SAID  LINE  OF  MAIN
 STREET TO A SIXTEEN (16) FOOT ALLEY; THENCE SOUTHERLY ALONG THE EASTERLY
 LINE  OF  SAID  ALLEY TO A POINT WHERE A LINE DRAWN AT RIGHT ANGLES WITH
 SAID LINE OF MAIN STREET WOULD INTERSECT SAID LINE OF MAIN STREET AT THE
 PLACE  OF BEGINNING AND THENCE EASTERLY AT RIGHT ANGLES WITH MAIN STREET
 TO THE SAID LINE OF MAIN STREET AT THE PLACE OF BEGINNING.
   § 2. This act shall take effect immediately.

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