S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7040
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   authorizing private membership establishments to have certain licenses
   for sale of alcohol
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3 of the alcoholic beverage control law is amended
 by adding a new subdivision 39 to read as follows:
   39. "PRIVATE MEMBERSHIP ESTABLISHMENT" SHALL MEAN AN ASSOCIATION OPER-
 ATED BY AN INDIVIDUAL, CORPORATION, PARTNERSHIP, COMPANY, OR  ANY  OTHER
 FOR-PROFIT  ENTITY WHICH IS THE OWNER, LESSEE, OR OCCUPANT OF A PREMISES
 USED EXCLUSIVELY FOR SUCH ASSOCIATION'S PURPOSES, AND WHICH IS  OPERATED
 SOLELY  FOR  A  RECREATIONAL,  SOCIAL,  COMMUNAL  WORKSPACE  OR ATHLETIC
 PURPOSES. A "MEMBER" OF A PRIVATE MEMBERSHIP ESTABLISHMENT SHALL MEAN  A
 PERSON  WHO,  WHETHER A CHARTER MEMBER OR ADMITTED IN AGREEMENT WITH THE
 BY-LAWS OF SUCH PRIVATE MEMBERSHIP ESTABLISHMENT, HAS BECOME A BONA FIDE
 MEMBER THEREOF, WHO MAINTAINS THE PRIVATE MEMBERSHIP BY THE  PAYMENT  OF
 THEIR  ANNUAL  DUES IN A BONA FIDE MANNER IN ACCORDANCE WITH THE BY-LAWS
 AND WHOSE NAME AND ADDRESS IS ENTERED ON SUCH PRIVATE MEMBERSHIP  ESTAB-
 LISHMENT'S LIST OF MEMBERS. A PRIVATE MEMBERSHIP ESTABLISHMENT MUST HAVE
 ONE  HUNDRED  OR  MORE MEMBERS AND SHALL BE SUBJECT TO THE PROVISIONS OF
 SECTION ONE HUNDRED TEN OF THIS CHAPTER. PRIVATE  MEMBERSHIP  ESTABLISH-
 MENTS MAY HAVE TICKETED EVENTS FOR THEIR MEMBERS OR MEMBERS' GUESTS, BUT
 A  BUSINESS  OR  FACILITY THAT SELLS TICKETS TO THE GENERAL PUBLIC SHALL
 NOT BE CONSIDERED A PRIVATE MEMBERSHIP ESTABLISHMENT.
   § 2. Subdivision 5 of section 64 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 258 of the laws of 1976, is amended to read
 as follows:
   5. No retail license under this section shall be  granted  except  for
 such  premises as are being conducted as a bona fide hotel provided that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00724-01-5
              

 A. 7040                             2
 
 a restaurant is operated in such premises, restaurant,  catering  estab-
 lishment,  club,  PRIVATE MEMBERSHIP ESTABLISHMENT, railroad car, vessel
 or aircraft being operated on regularly scheduled flights  by  a  United
 States certificated airline.
   §  3.  Subdivision  8 of section 106 of the alcoholic beverage control
 law is amended to read as follows:
   8. A  PRIVATE  MEMBERSHIP  ESTABLISHMENT,  club  or  a  luncheon  club
 licensed  to  sell alcoholic beverages for on-premises consumption shall
 be permitted to sell such beverages only to its  members  and  to  their
 guests accompanying them.
   § 4. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7040--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   establishing a license to sell liquor on premises commonly known as  a
   for-profit club
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 64-f to read as follows:
   §  64-F.  LICENSE  TO SELL LIQUOR ON PREMISES COMMONLY KNOWN AS A FOR-
 PROFIT CLUB. 1. ANY PERSON MAY MAKE AN APPLICATION TO THE  STATE  LIQUOR
 AUTHORITY  TO OPERATE A "FOR-PROFIT CLUB" WHICH IS OPERATED SOLELY FOR A
 RECREATIONAL, SOCIAL, PATRIOTIC, POLITICAL, BENEVOLENT,  COMMUNAL  WORK-
 SPACE, CORPORATE DINING SPACE, OR ATHLETIC PURPOSE.
   2.  SUCH  APPLICATION  SHALL  BE  IN  SUCH FORM AND SHALL CONTAIN SUCH
 INFORMATION AS SHALL BE REQUIRED BY THE LIQUOR AUTHORITY  AND  SHALL  BE
 ACCOMPANIED  BY  A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTICLE
 FOR SUCH LICENSE. THE FEE FOR SUCH  LICENSE  SHALL  BE  TWENTY  THOUSAND
 DOLLARS ANNUALLY.
   3. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
 BLE  THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION. FOR-PROFIT CLUBS
 THAT APPLY FOR A LICENSE PURSUANT TO THIS SECTION ARE ALSO AUTHORIZED TO
 APPLY FOR A TEMPORARY RETAIL PERMIT AS PROVIDED FOR IN  SECTION  NINETY-
 SEVEN-A OF THIS CHAPTER.
   4.  SUCH  FOR-PROFIT  CLUB LICENSE SHALL IN FORM AND IN SUBSTANCE BE A
 LICENSE TO THE PERSON SPECIFICALLY LICENSED TO OPERATE A FOR-PROFIT CLUB
 AND SELL LIQUOR AT RETAIL EXCLUSIVELY TO MEMBERS IN GOOD STANDING  UNDER
 THE  BY-LAWS  OF  THE  FOR-PROFIT  CLUB  TO  BE CONSUMED ON THE PREMISES
 SPECIFICALLY LICENSED. SUCH LICENSE SHALL ALSO BE DEEMED  TO  INCLUDE  A
 LICENSE TO SELL LIQUOR, WINE, BEER, CIDER, MEAD AND/OR BRAGGOT AT RETAIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00724-06-5
              

 A. 7040--A                          2
 
 EXCLUSIVELY  TO  MEMBERS  IN GOOD STANDING UNDER THE BY-LAWS OF THE FOR-
 PROFIT CLUB TO BE CONSUMED ON THE PREMISES  UNDER  THE  SAME  TERMS  AND
 CONDITIONS, WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE.
   5.  (A)  A LICENSE UNDER THIS SECTION SHALL BE REQUIRED OF ANY PERSON,
 CORPORATION, PARTNERSHIP, COMPANY, OR ANY OTHER FOR-PROFIT ENTITY  WHICH
 IS  THE OWNER, LESSEE OR OCCUPANT OF A PREMISES USED EXCLUSIVELY FOR THE
 FOR-PROFIT CLUB PURPOSES, AND WHICH IS OPERATED SOLELY FOR A RECREATION-
 AL, SOCIAL, PATRIOTIC, POLITICAL, BENEVOLENT, COMMUNAL WORKSPACE, CORPO-
 RATE DINING SPACE, OR ATHLETIC PURPOSE. A "MEMBER" OF A FOR-PROFIT  CLUB
 SHALL  MEAN  A PERSON WHO WHETHER A CHARTER MEMBER OR ADMITTED IN AGREE-
 MENT WITH THE BY-LAWS OF THE FOR-PROFIT CLUB, HAS  BECOME  A  BONA  FIDE
 MEMBER  THEREOF,  WHO MAINTAINS MEMBERSHIP BY THE PAYMENT OF ANNUAL DUES
 IN A BONA FIDE MANNER IN ACCORDANCE WITH THE BY-LAWS OF  THE  FOR-PROFIT
 CLUB AND WHOSE NAME AND ADDRESS IS ENTERED ON THE LIST OF MEMBERS OF THE
 FOR-PROFIT  CLUB. EACH FOR-PROFIT CLUB SHALL APPOINT AN ALCOHOLIC BEVER-
 AGE OFFICER FROM AMONG ITS MEMBERS WHO SHALL BE RESPONSIBLE  FOR  FILING
 ALL  APPLICATIONS  AND  OTHER  DOCUMENTS REQUIRED TO BE SUBMITTED TO THE
 AUTHORITY.
   (B) FOR THE PURPOSE OF A  FOR-PROFIT CLUB LICENSE ISSUED  PURSUANT  TO
 THIS  SECTION SOLELY FOR USE AS CORPORATE DINING SPACE FOR THEIR EMPLOY-
 EES AND CLIENTS SHALL:
   (I) INCLUDE  ONLY  SUCH  SPACE  DIRECTLY  USED  FOR  CORPORATE  DINING
 PURPOSES  WHERE FOOD AND BEVERAGES ARE REGULARLY AVAILABLE TO EMPLOYEES,
 CLIENTS, AND GUESTS;
   (II) AUTHORIZE THAT LICENSEES DO NOT HAVE TO MEET MEMBER REQUIREMENTS;
   (III) AUTHORIZE CONTRACTS WITH A THIRD PARTY LICENSED BY THE AUTHORITY
 TO PROVIDE FOOD AND BEVERAGES SO LONG AS ANY  THIRD  PARTY  CONTRACT  IS
 DISCLOSED TO THE AUTHORITY;
   (IV)  BE  RESPONSIBLE  FOR  MAINTAINING  RECORDS, FILING ALL NECESSARY
 APPLICATIONS, AND PROVIDING OTHER SUCH DOCUMENTATION REQUIRED OR  DEEMED
 NECESSARY TO BE SUBMITTED TO THE AUTHORITY; AND
   (V)  SUBJECT  LICENSEES TO SUCH RULES AND REGULATIONS BY THE AUTHORITY
 AS IS DEEMED  NECESSARY AND ARE IN CONFORMITY  WITH  THE  PROVISIONS  OF
 THIS CHAPTER.
   6.  THE  AUTHORITY  SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
   (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F) ANY PURPOSE OR INTENTION OF DISCRIMINATION BY THE APPLICANT OR ANY
 INDIVIDUAL, CORPORATION, PARTNERSHIP, COMPANY, OR ANY  OTHER  FOR-PROFIT
 ENTITY  WHICH  IS  THE  OWNER,  LESSEE OR OCCUPANT OF THE PREMISES TO BE
 LICENSED AS A FOR-PROFIT CLUB PREMISES; AND
   (G) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   7.  NO FOR-PROFIT CLUB LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
 SHALL BE:
 A. 7040--A                          3
 
   (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; OR
   (B)  IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
 OR MORE 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, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE.
   (C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) 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 SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP  OR  TO  THE
 CENTER  OF THE NEAREST ENTRANCE OF EACH SUCH PREMISES LICENSED AND OPER-
 ATING PURSUANT TO THIS SECTION AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
 SIXTY-FOUR-B,  SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE; EXCEPT
 THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH A LICENSE UNDER
 THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO THE
 DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED
 FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND EXCEPT THAT NO LICENSE SHALL BE
 DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET OF AN EXISTING
 PREMISES LICENSED AND OPERATING  PURSUANT  TO  THE  PROVISIONS  OF  THIS
 SECTION  OR  WHICH IS 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,    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. THE  LIQUOR  AUTHORITY,  IN  ITS  DISCRETION,  MAY
 AUTHORIZE  THE  REMOVAL  OF  ANY  SUCH  LICENSED PREMISES TO A DIFFERENT
 LOCATION ON THE SAME STREET OR AVENUE, WITHIN TWO HUNDRED FEET  OF  SAID
 SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED THAT SUCH
 NEW LOCATION IS NOT WITHIN A CLOSER DISTANCE  TO  SUCH  SCHOOL,  CHURCH,
 SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   (D)  WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
 MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES  LICENSED
 AND  OPERATING  PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, 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  STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC ATTENDING THE PLACE OF
 WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND OPERATING
 PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,  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 A SCHOOL OR  HOUSE  OF
 WORSHIP  OR PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION AND
 SECTIONS SIXTY-FOUR, 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".
 A. 7040--A                          4
 
   (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) 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 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, 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 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, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE.
   (F) WITHIN THE CONTEXT OF THIS SUBDIVISION, A BUILDING OCCUPIED  AS  A
 PLACE  OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE
 OF WORSHIP BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO  DETRACT  FROM
 THE  PREDOMINANT  CHARACTER  OF THE BUILDING AS A PLACE OF WORSHIP, SUCH
 USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO:  (I)  THE  CONDUCT  OF
 LEGALLY  AUTHORIZED  GAMES  OF  BINGO OR OTHER GAMES OF CHANCE HELD AS A
 MEANS OF RAISING FUNDS FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION
 WHICH  CONDUCTS  SERVICES  AT THE PLACE OF WORSHIP OR FOR OTHER NOT-FOR-
 PROFIT ORGANIZATIONS OR GROUPS; USE OF  THE  BUILDING  FOR  FUND-RAISING
 PERFORMANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION
 WHICH  CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT
 ORGANIZATIONS OR GROUPS; (II) THE USE OF THE BUILDING BY OTHER RELIGIOUS
 ORGANIZATIONS OR GROUPS FOR RELIGIOUS SERVICES OR  OTHER  PURPOSES;  THE
 CONDUCT  OF  SOCIAL ACTIVITIES BY OR FOR THE BENEFIT OF THE CONGREGANTS;
 THE USE OF THE BUILDING FOR MEETINGS HELD  BY  ORGANIZATIONS  OR  GROUPS
 PROVIDING  BEREAVEMENT COUNSELING TO PERSONS HAVING SUFFERED THE LOSS OF
 A LOVED ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS  OR  DISEASES
 INCLUDING, BUT NOT LIMITED TO, ALCOHOLISM, DRUG ADDICTION, CANCER, CERE-
 BRAL  PALSY,  PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; (III) THE USE
 OF THE BUILDING FOR BLOOD DRIVES, HEALTH SCREENINGS, HEALTH  INFORMATION
 MEETINGS, YOGA CLASSES, EXERCISE CLASSES OR OTHER ACTIVITIES INTENDED TO
 PROMOTE  THE HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND (IV) USE OF
 A. 7040--A                          5
 
 THE BUILDING BY NON-CONGREGANT MEMBERS  OF  THE  COMMUNITY  FOR  PRIVATE
 SOCIAL  FUNCTIONS.  THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT
 CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE OF WORSHIP WHERE THE  NOT-
 FOR-PROFIT RELIGIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS
 THE  PAYMENT  OF FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF
 THE BUILDING.
   8. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES  TO  SELL
 LIQUOR  AT  RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS
 APPLICABLE.
   9. FOR PURPOSES OF THIS SECTION, FOR-PROFIT CLUB LICENSEES AS  AUTHOR-
 IZED  HEREIN  SHALL BE RESPONSIBLE FOR ANY VIOLATIONS OF THIS CHAPTER OR
 THE RULES OF THE AUTHORITY OCCURRING WHILE THE  LICENSE  IS  IN  EFFECT.
 LIABILITY  UNDER  THE  PROVISIONS  OF  SECTIONS 11-100 AND 11-101 OF THE
 GENERAL OBLIGATIONS LAW SHALL ACCRUE TO THE LICENSEE.
   § 2. Subdivision 1 of section 110-b of the alcoholic beverage  control
 law,  as  amended  by chapter 560 of the laws of 2011, the opening para-
 graph as amended by section 1 of part H of chapter 55  of  the  laws  of
 2024,  paragraphs  (c)  and (d) as amended and paragraph (e) as added by
 chapter 106 of the laws of 2022, is amended to read as follows:
   1. Not more than two hundred seventy days before  filing  any  of  the
 following  applications,  an  applicant shall notify the municipality in
 which the premises is located of such applicant's intent to file such an
 application:
   (a) for a license issued pursuant to section fifty-five, fifty-five-a,
 sixty-four,  sixty-four-a,  sixty-four-b,  sixty-four-c,   sixty-four-d,
 SIXTY-FOUR-F, eighty-one or eighty-one-a of this chapter;
   (b)  for a renewal under section one hundred nine of this chapter of a
 license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
 sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-F,  eighty-one  or
 eighty-one-a  of this chapter if the premises is located within the city
 of New York;
   (c) for approval of an alteration under section ninety-nine-d of  this
 chapter  if  the  premises  is  located  within the city of New York and
 licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
 sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-F, eighty-one or
 eighty-one-a of this chapter;
   (d) for approval of a substantial corporate change under section nine-
 ty-nine-d of this chapter if the premises is located within the city  of
 New  York  and  licensed  pursuant  to section fifty-five, fifty-five-a,
 sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,   SIXTY-FOUR-F,
 eighty-one or eighty-one-a of this chapter; or
   (e) for a temporary retail permit issued under paragraph (b) of subdi-
 vision  one  of  section ninety-seven-a of this chapter where the estab-
 lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
 sixty-four,  sixty-four-a,  sixty-four-b,  sixty-four-c,   sixty-four-d,
 SIXTY-FOUR-F,  eighty-one  or  eighty-one-a of this chapter located in a
 city with a population of one million or more people.  If  an  applicant
 subject  to  this  paragraph  shall,  after  filing an application for a
 retail license and providing proper notice for such application pursuant
 to paragraph (a) of this subdivision, subsequently file  an  application
 for a temporary retail permit pursuant to section ninety-seven-a of this
 chapter at the same premises, such applicant must file additional notice
 pursuant  to  this  paragraph;  provided,  however,  such notice will be
 effective at the later of its proper service under this section or thir-
 ty days from the date proper notice was served under  paragraph  (a)  of
 this subdivision for the license at the same premises.
 A. 7040--A                          6
 
   §  3.  Subdivision  3  of section 17 of the alcoholic beverage control
 law, as amended by section 8 of chapter 522 of  the  laws  of  2018,  is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under  this  chapter  and/or to impose a civil penalty for cause against
 any holder of a license or permit issued pursuant to this  chapter.  Any
 civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
 dollars as against the holder of any retail permit  issued  pursuant  to
 sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and as against the holder of  any  retail  license  issued  pursuant  to
 sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c,  SIXTY-FOUR-F, seventy-six-f, seventy-nine, eighty-one and
 eighty-one-a of this chapter, and the sum of thirty thousand dollars  as
 against  the  holder  of  a  license issued pursuant to sections thirty,
 thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,  seven-
 ty-six-a,  and  seventy-eight  of  this chapter, provided that the civil
 penalty against the holder of a wholesale  license  issued  pursuant  to
 section  fifty-three  of  this  chapter  shall not exceed the sum of ten
 thousand dollars where that licensee violates provisions of this chapter
 during the course of the sale of beer at retail to a person for consump-
 tion at home, and the sum of one hundred thousand dollars as against the
 holder of any license issued pursuant to sections fifty-one,  sixty-one,
 and  sixty-two of this chapter. Any civil penalty so imposed shall be in
 addition to and separate and apart from the terms and provisions of  the
 bond  required  pursuant  to section one hundred twelve of this chapter.
 Provided that no appeal is pending  on  the  imposition  of  such  civil
 penalty, in the event such civil penalty imposed by the division remains
 unpaid,  in  whole  or  in part, more than forty-five days after written
 demand for payment has been sent by first class mail to the  address  of
 the  licensed  premises, a notice of impending default judgment shall be
 sent by first class mail to the licensed premises  and  by  first  class
 mail  to  the  last known home address of the person who signed the most
 recent license application.  The notice of  impending  default  judgment
 shall  advise  the licensee: (a) that a civil penalty was imposed on the
 licensee; (b) the date the penalty was imposed; (c) the  amount  of  the
 civil  penalty;  (d) the amount of the civil penalty that remains unpaid
 as of the date of the notice; (e) the violations  for  which  the  civil
 penalty  was imposed; and (f) that a judgment by default will be entered
 in the supreme court of the county in which the  licensed  premises  are
 located,  or  other  court  of  civil  jurisdiction  or  any other place
 provided for the entry of civil judgments within the state of  New  York
 unless  the  division  receives  full payment of all civil penalties due
 within twenty days of the date of the notice of impending default  judg-
 ment. If full payment shall not have been received by the division with-
 in  thirty  days of mailing of the notice of impending default judgment,
 the division shall proceed to enter with such court a statement  of  the
 default  judgment  containing  the  amount  of  the penalty or penalties
 remaining due and unpaid, along with proof of mailing of the  notice  of
 impending  default  judgment. The filing of such judgment shall have the
 full force and effect of a default  judgment  duly  docketed  with  such
 court  pursuant  to  the  civil  practice law and rules and shall in all
 respects be governed by that chapter and may be  enforced  in  the  same
 manner  and  with  the same effect as that provided by law in respect to
 execution issued against property upon judgments of a court of record. A
 A. 7040--A                          7
 
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   §  4.  Subdivision  3  of section 17 of the alcoholic beverage control
 law, as amended by section 9 of chapter 522 of  the  laws  of  2018,  is
 amended to read as follows:
   3. To revoke, cancel or suspend for cause any license or permit issued
 under  this  chapter  and/or to impose a civil penalty for cause against
 any holder of a license or permit issued pursuant to this  chapter.  Any
 civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
 dollars as against the holder of any retail permit  issued  pursuant  to
 sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
 paragraph f of subdivision one of section ninety-nine-b of this chapter,
 and as against the holder of  any  retail  license  issued  pursuant  to
 sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
 five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
 sixty-four-c, SIXTY-FOUR-F, seventy-six-f, seventy-nine, eighty-one, and
 eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
 against the holder of a license  issued  pursuant  to  sections  thirty,
 thirty-one,  fifty-three,  sixty-one-a, sixty-one-b, seventy-six, seven-
 ty-six-a and seventy-eight of this  chapter,  provided  that  the  civil
 penalty  against  the  holder  of a wholesale license issued pursuant to
 section fifty-three of this chapter shall not  exceed  the  sum  of  ten
 thousand dollars where that licensee violates provisions of this chapter
 during the course of the sale of beer at retail to a person for consump-
 tion at home, and the sum of one hundred thousand dollars as against the
 holder  of  any license issued pursuant to sections fifty-one, sixty-one
 and sixty-two of this chapter. Any civil penalty so imposed shall be  in
 addition  to and separate and apart from the terms and provisions of the
 bond required pursuant to section one hundred twelve  of  this  chapter.
 Provided  that  no  appeal  is  pending  on the imposition of such civil
 penalty, in the event such civil penalty imposed by the division remains
 unpaid, in whole or in part, more than  forty-five  days  after  written
 demand  for  payment has been sent by first class mail to the address of
 the licensed premises, a notice of impending default judgment  shall  be
 sent  by  first  class  mail to the licensed premises and by first class
 mail to the last known home address of the person who  signed  the  most
 recent  license  application.   The notice of impending default judgment
 shall advise the licensee: (a) that a civil penalty was imposed  on  the
 licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
 civil penalty; (d) the amount of the civil penalty that  remains  unpaid
 as  of  the  date  of the notice; (e) the violations for which the civil
 penalty was imposed; and (f) that a judgment by default will be  entered
 in  the  supreme  court of the county in which the licensed premises are
 located, or other court  of  civil  jurisdiction,  or  any  other  place
 provided  for  the entry of civil judgments within the state of New York
 unless the division receives full payment of  all  civil  penalties  due
 within  twenty days of the date of the notice of impending default judg-
 ment. If full payment shall not have been received by the division with-
 in thirty days of mailing of the notice of impending  default  judgment,
 the  division  shall proceed to enter with such court a statement of the
 default judgment containing the  amount  of  the  penalty  or  penalties
 remaining  due  and unpaid, along with proof of mailing of the notice of
 impending default judgment. The filing of such judgment shall  have  the
 full  force  and  effect  of  a default judgment duly docketed with such
 court pursuant to the civil practice law and  rules  and  shall  in  all
 respects  be  governed  by  that chapter and may be enforced in the same
 A. 7040--A                          8

 manner and with the same effect as that provided by law  in  respect  to
 execution issued against property upon judgments of a court of record. A
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided however, that the amendments to
 subdivision 3 of section 17 of the alcoholic beverage control  law  made
 by  section  three  of  this  act shall be subject to the expiration and
 reversion of such section pursuant to section 4 of chapter  118  of  the
 laws  of 2012, as amended, when upon such date the provisions of section
 four of this act shall take effect.
   Effective immediately, the addition, amendment and/or  repeal  of  any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.