Assembly Bill A5387

2025-2026 Legislative Session

Authorizes the state liquor authority to issue licenses to new premises for the sale of liquor where such premises is within two hundred feet of a place of worship, or where three or more such premises exist

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Current Bill Status - In Assembly Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2025	referred to economic development

2025-A5387 (ACTIVE) - Details

See Senate Version of this Bill:: S7003
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64, 64-a, 64-b, 64-c & 64-d, ABC L

2025-A5387 (ACTIVE) - Summary

Authorizes the state liquor authority to issue licenses to new premises for the sale of liquor where such premises is located within two hundred feet of a place of worship and such place of worship has given approval, or where three or more such premises exist in counties of a certain population.

2025-A5387 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5387
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing the liquor authority to issue licenses to new premises for
   the sale of liquor where such premises is within two hundred feet of a
   place  of  worship, or where three or more such premises already exist
   in counties of a certain population
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs (a), (b) and (f) of subdivision 7 of section 64
 of the alcoholic beverage control law, paragraphs (a) and (b) as amended
 by chapter 463 of the laws of 2009 and paragraph (f) as amended by chap-
 ter 185 of the laws of 2012, 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; PROVIDED, HOWEVER, THAT  THE  AUTHORITY  MAY  ISSUE  A
 RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES THAT IS WITHIN
 TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE  OR  OTHER  PLACE  OF WORSHIP IF THE OWNER OR ADMINISTRATOR OF
 SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF  WORSHIP  AFFIRMATIVELY
 STATES SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
   (b) in a [city, town or village having a population of twenty thousand
 or  more]  COUNTY  HAVING  A  POPULATION BETWEEN ONE MILLION SIX HUNDRED
 THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE  TWO  THOUSAND
 TWENTY  CENSUS  AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
 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;
   (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
 sion, IN A COUNTY HAVING A POPULATION BETWEEN ONE  MILLION  SIX  HUNDRED
 THOUSAND  AND  ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08167-01-5

 A. 5387                             2
 
 TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF  COMMERCE,
 the  authority  may issue a license pursuant to this section for a prem-
 ises which shall be 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 if, after consultation with the municipality or community board,
 it  determines  that granting such license would be in the public inter-
 est. Before it may issue any such license, the authority shall conduct a
 hearing, upon notice to the applicant and the municipality or  community
 board,  and shall state and file in its office its reasons therefor. The
 hearing may be rescheduled, adjourned or continued,  and  the  authority
 shall  give  notice  to  the applicant and the municipality 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 municipality  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 rescheduled, adjourned or continued public
 meeting. Notice to the municipality or community board shall mean  writ-
 ten  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 pursuant 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. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (d) of
 subdivision 7 of section 64-a of the  alcoholic  beverage  control  law,
 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
 the laws of 2009 and paragraph (d) as amended by chapter 185 of the laws
 of 2012, 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;  PROVIDED,  HOWEVER,  THAT THE AUTHORITY MAY ISSUE A
 RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES THAT IS WITHIN
 TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP IF THE  OWNER  OR  ADMINISTRATOR  OF
 SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
 STATES SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
   (ii) in a [city, town or village having a population of  twenty  thou-
 sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
 THOUSAND  AND  ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
 TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT  OF  COMMERCE
 within five hundred feet of three or more existing 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;
   (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
 (a)  of  this  subdivision,  IN A COUNTY HAVING A POPULATION BETWEEN ONE
 MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED  THOUSAND  AS
 OF  THE  TWO  THOUSAND  TWENTY  CENSUS AS CONDUCTED BY THE UNITED STATES
 DEPARTMENT OF COMMERCE, the authority may issue a  license  pursuant  to
 A. 5387                             3
 
 this  section  for a premises which shall be within five hundred feet of
 three or more existing 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  if, after consultation with the munici-
 pality or community 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  municipality  or  community  board, and shall state and file in its
 office its reasons therefor. Notice to  the  municipality  or  community
 board  shall mean written notice mailed by the authority to such munici-
 pality or community board at least fifteen days in advance of any  hear-
 ing  scheduled  pursuant  to  this  paragraph.  Upon  the request of the
 authority, any municipality or community board may waive the fifteen day
 notice requirement. 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.  No  premises  having  been
 granted  a license pursuant 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,
 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
   §  3. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of
 subdivision 5 of section 64-b of the  alcoholic  beverage  control  law,
 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws
 of 2012, 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;  PROVIDED,  HOWEVER,  THAT THE AUTHORITY MAY ISSUE A
 RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES THAT IS WITHIN
 TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP IF THE  OWNER  OR  ADMINISTRATOR  OF
 SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
 STATES SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
   (ii) in a [city, town or village having a population of  twenty  thou-
 sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
 THOUSAND  AND  ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
 TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT  OF  COMMERCE
 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-c, and/or sixty-four-d of this article;
   (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
 (a)  of  this  subdivision,  IN A COUNTY HAVING A POPULATION BETWEEN ONE
 MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED  THOUSAND  AS
 OF  THE  TWO  THOUSAND  TWENTY  CENSUS AS CONDUCTED BY THE UNITED STATES
 DEPARTMENT OF COMMERCE, the authority may issue a  license  pursuant  to
 this  section  for a premises which shall be within five hundred feet of
 three or more existing premises licensed and operating pursuant to  this
 A. 5387                             4
 
 section  and  sections  sixty-four,  sixty-four-a,  sixty-four-c, and/or
 sixty-four-d of this article if, after  consultation  with  the  munici-
 pality  or  community  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  municipality  or  community  board, and shall state and file in its
 office its reasons therefor. The hearing may be  rescheduled,  adjourned
 or  continued,  and the authority shall give notice to the applicant and
 the municipality 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,  sixty-four-a,  sixty-
 four-c, and/or sixty-four-d of this article.
   §  4. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of
 subdivision 11 of section 64-c of the alcoholic  beverage  control  law,
 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of
 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws
 of 2012, 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;  PROVIDED,  HOWEVER,  THAT THE AUTHORITY MAY ISSUE A
 RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES THAT IS WITHIN
 TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP IF THE  OWNER  OR  ADMINISTRATOR  OF
 SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
 STATES SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
   (ii) in a [city, town or village having a population of  twenty  thou-
 sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
 THOUSAND  AND  ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
 TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT  OF  COMMERCE
 within five hundred feet of three or more existing premises licensed and
 operating  pursuant to the provisions of this section or sections sixty-
 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
   (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
 (a)  of  this  subdivision,  IN A COUNTY HAVING A POPULATION BETWEEN ONE
 MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED  THOUSAND  AS
 OF  THE  TWO  THOUSAND  TWENTY  CENSUS AS CONDUCTED BY THE UNITED STATES
 DEPARTMENT OF COMMERCE, the authority may issue a  license  pursuant  to
 this  section  for a premises which shall be 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-d of this article if, after  consultation  with  the  munici-
 A. 5387                             5
 
 pality  or  community  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  municipality  or  community  board, and shall state and file in its
 office its reasons therefor. The hearing may be  rescheduled,  adjourned
 or  continued,  and the authority shall give notice to the applicant and
 the municipality 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 operating and licensed
 pursuant to this section or sections  sixty-four,  sixty-four-a,  sixty-
 four-b and/or sixty-four-d of this article.
   §  5.  Paragraphs (a), (b) and (e) of subdivision 8 of section 64-d of
 the alcoholic beverage control law, paragraphs (a) and (b) as amended by
 chapter 463 of the laws of 2009 and paragraph (e) as amended by  chapter
 185 of the laws of 2012, 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;  PROVIDED,  HOWEVER,  THAT THE AUTHORITY MAY ISSUE A
 RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES THAT IS WITHIN
 TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP IF THE  OWNER  OR  ADMINISTRATOR  OF
 SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
 STATES SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
   (b) in a [city, town or village having a population of twenty thousand
 or more] COUNTY HAVING A POPULATION  BETWEEN  ONE  MILLION  SIX  HUNDRED
 THOUSAND  AND  ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
 TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT  OF  COMMERCE
 within  five hundred feet of an existing premises licensed and operating
 pursuant to the provisions of this section, or 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.
   (e) notwithstanding the provisions of paragraph (b) of  this  subdivi-
 sion,  IN  A  COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
 THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE  TWO  THOUSAND
 TWENTY  CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE,
 the authority may issue a license pursuant to this section for  a  prem-
 ises  which  shall  be  within five hundred feet of an existing premises
 licensed and operating pursuant to the provisions  of  this  section  or
 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  if,
 A. 5387                             6
 
 after  consultation  with the municipality or community board, it deter-
 mines 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 municipality or community
 board, and shall state and file in its office its reasons therefor.  The
 hearing  may  be  rescheduled, adjourned or continued, and the authority
 shall give notice to the applicant and  the  municipality  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 municipality 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 rescheduled, adjourned or  continued  public
 meeting.  Notice to the municipality or community board shall mean writ-
 ten 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 pursuant to this section shall be
 denied a renewal of such license upon the grounds that such premises are
 within  five hundred feet of an existing premises licensed and operating
 pursuant to the provisions of this section or 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,  sixty-
 four-a, sixty-four-b, and/or sixty-four-c of this article.
   § 6. This act shall take effect immediately.

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Assembly Bill A5387

Sponsored By

Current Bill Status - In Assembly Committee

Actions

2025-A5387 (ACTIVE) - Details

2025-A5387 (ACTIVE) - Summary

2025-A5387 (ACTIVE) - Bill Text download pdf

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Sponsored By

TAPIA

Current Bill Status - In Assembly Committee

Actions

2025-A5387 (ACTIVE) - Details

2025-A5387 (ACTIVE) - Summary

2025-A5387 (ACTIVE) - Bill Text download pdf

Comments