BILL NUMBER: S9371

SPONSOR: RYAN
 
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 for an establishment on Hertel
Avenue in the city of Buffalo, Revolution Gallery, to be able to obtain
a retail license for on-premises consumption even though they are
located within two hundred feet of a building occupied as a school or
place of worship.

 
SUMMARY OF PROVISIONS:

Section 1: amends Subdivision 7 of section 64 of the alcoholic beverage
control law, as added a new paragraph e-14, 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 Revolution Gallery
located at 1419 Hertel Avenue in the city of Buffalo.

Section 2: provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
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 some cases, the affected school or place of worship is not against
their neighboring establishment being allowed a retail license for
on-premises consumption of liquor. When this occurs, the legislature has
approved an exemption from the Alcoholic Beverage Control Law's "200
Foot Rule" usually in place.

Revolution Gallery is a locally owned business which hosts a variety of
art shows, concerts, comedy shows, fundraisers, and other events.  They
attract a diverse audience and are an essential part of the Hertel
Avenue Community. The surrounding schools and places of worship support
Revolution Gallery obtaining a retail liquor license.  It is appropriate
that Revolution Gallery be granted an exemption to the "200 Foot Rule"
which will allow for this business to continue to grow and expand their
menu options for customers.

 
PRIOR LEGISLATIVE HISTORY:
This is a new bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately