S. 7003 2
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 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
S. 7003 3
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-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
S. 7003 4
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 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
S. 7003 5
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 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,
S. 7003 6
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
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.