Assembly Bill A10122

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10122
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by  M. of A. RAGA -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   allowing for retail licenses for on-premises consumption to be granted
   to  establishments 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; and to repeal certain provisions
   of such law relating thereto
 
   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 control law is REPEALED and a new subdivision 7  is  added  to  read  as
 follows:
   7.  (A) NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE GRANTED
 FOR ANY PREMISES WHICH SHALL BE IN A CITY,  TOWN  OR  VILLAGE  HAVING  A
 POPULATION  OF TWENTY THOUSAND OR MORE 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.
   (B) THE MEASUREMENTS IN PARAGRAPH (A) 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
 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, RESTAURANT, 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, WHICH IS  WITHIN
 FIVE  HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND OPER-
 ATING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15401-01-4
 A. 10122                            2
 
 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.
   (C)  WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
 MEAN A DOOR OF A  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 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
 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".
   (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  AUTHORITY MAY ISSUE A LICENSE PURSUANT TO THIS SECTION FOR A
 PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXIST-
 ING 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 IF, AFTER CONSULTATION WITH THE MUNICIPALITY OR COMMUNI-
 TY BOARD, IT DETERMINES THAT GRANTING  SUCH  LICENSE  WOULD  BE  IN  THE
 PUBLIC  INTEREST.  BEFORE  IT  MAY ISSUE ANY SUCH LICENSE, THE AUTHORITY
 SHALL CONDUCT A HEARING, UPON NOTICE TO THE APPLICANT  AND  THE  MUNICI-
 PALITY  OR  COMMUNITY  BOARD, AND SHALL STATE AND FILE IN ITS OFFICE ITS
 REASONS THEREFOR. THE HEARING MAY BE RESCHEDULED, ADJOURNED  OR  CONTIN-
 UED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNI-
 CIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH  RESCHEDULED,  ADJOURNED  OR
 CONTINUED  HEARING.    BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
 AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY,  IN  ADDITION
 TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
 REGARDING  SAID  LICENSE,  UPON  NOTICE TO THE APPLICANT AND THE MUNICI-
 PALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE  RESCHEDULED,
 ADJOURNED  OR  CONTINUED,  AND  THE  AUTHORITY  SHALL GIVE NOTICE TO THE
 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY  SUCH  RESCHED-
 ULED,  ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE TO THE MUNICIPALITY
 OR COMMUNITY BOARD SHALL MEAN WRITTEN NOTICE MAILED BY THE AUTHORITY  TO
 SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE OF
 ANY  HEARING  SCHEDULED  PURSUANT TO THIS PARAGRAPH. UPON THE REQUEST OF
 THE AUTHORITY, ANY MUNICIPALITY OR COMMUNITY BOARD MAY WAIVE THE FIFTEEN
 DAY NOTICE REQUIREMENT. NO PREMISES HAVING BEEN GRANTED A LICENSE PURSU-
 ANT TO THIS SECTION SHALL BE DENIED A RENEWAL OF SUCH LICENSE  UPON  THE
 GROUNDS THAT SUCH PREMISES ARE WITHIN FIVE HUNDRED FEET OF A BUILDING OR
 BUILDINGS  WHEREIN  THREE  OR  MORE  PREMISES ARE 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.
   § 2. This act shall take effect immediately.