* § 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
workspace, 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
applicable 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 and
their guests 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 exclusively to members in good standing and their guests 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
recreational, social, patriotic, political, benevolent, communal
workspace, corporate dining space, or athletic purpose. A "member" of a
for-profit club shall mean a person who whether a charter member or
admitted in agreement 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. A for-profit club must have
one hundred or more members.

(b) For the purpose of a for-profit club license issued pursuant to
this section solely for use as corporate dining space for their
employees 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; and

(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.

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) 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
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; 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".

(e) Notwithstanding the provisions of paragraph (b) of this
subdivision, 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
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 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 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, cerebral 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 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
authorized 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.

10. All for-profit club licensees shall be subject to such rules and
regulations by the authority as is deemed necessary and are in
conformity with the provisions of this chapter.

* NB Effective February 18, 2026