NY State Senate Bill 2019-S8662

Senate Bill S8662

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 school

download bill text pdf

Archive: Last Bill Status Via A10707 - 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 21, 2020	signed chap.181
Sep 16, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.998 substituted for s8662
Jul 22, 2020	substituted by a10707 ordered to third reading cal.998
Jul 01, 2020	referred to rules

Votes

- Jul 22, 2020 - Floor Vote
  A10707
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      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
  Jul 22, 2020 - Rules Committee Vote
  S8662
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Martinez

2019-S8662 (ACTIVE) - Details

See Assembly Version of this Bill:: A10707
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2019-S8662 (ACTIVE) - Summary

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

2019-S8662 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8662

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 and school.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 7 of section 64 of the alcoholic beverage
control law, as added by chapter 280 of the laws of 2019, 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 school, 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. 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 and shall be deemed
to have been in full force and effect on and after the effective date of
chapter 280 of 2019.

 
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 two 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 approved
an exemption from the "200 Foot Rule."

Shango Bistro and Wine Bar is a well-respected family owned business.
Its neighboring church and school 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 and shall be deemed to have been
in full force and effect on and after the effective date of chapter 280
of 2019.

2019-S8662 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8662
 
                             I N  S E N A T E
 
                               July 1, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. Paragraph (e-11) of subdivision 7  of  section  64  of  the
 alcoholic  beverage  control law, as added by chapter 280 of the laws of
 2019, is amended 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 SCHOOL, 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
 (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16813-01-0

 S. 8662                             2
 
 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 and shall be deemed to
 have been in full force and effect on and after the  effective  date  of
 chapter 280 of the laws of 2019.

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