NY State Senate Bill 2009-S2912

Senate Bill S2912

2009-2010 Legislative Session

Relates to the siting of certain premises licensed to sell liquor for consumption on the premises

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to commerce, economic development and small business
Mar 05, 2009	referred to commerce, economic development and small business

2009-S2912 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64, 64-a, 64-b, 64-c & 105, ABC L

2009-S2912 (ACTIVE) - Summary

Relates to the siting of certain premises licensed to sell liquor for consumption on the premises; provides that required distances from schools and places of worship and from existing licensed premises shall be measured from the closest boundary lines instead of from the center of the entrances of such premises.

2009-S2912 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2912

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to the
siting of certain premises licensed to sell liquor for consumption on
the premises


 PURPOSE :
To amend the State Liquor Authority's regulations relating to the 200-
and 500-foot rule's originating measuring point for a proposed
on-premise liquor establishment. This legislation seeks to change the
current starting point from 'between the commonly-used entryways' to
'the establishment's property line closest to the nearest entrance of
the a) school or place of worship (200 foot rule) or b) 3 other
on-premise liquor establishments (500 foot rule)'.  This legislation
would only apply to businesses established after the enactment of this
bill.

 SUMMARY OF PROVISIONS :
This bill amends the Alcoholic Beverage Control Law: Sec. 64 (7) (c),
(d); Sec. 64-a (7) (a), (b); Sec. 64-b (5) (a); Sec. 64-c (11) (a),
(b) and Sec. 105 (3) (a), (b).

Sec. 64-d (8) (c) states: "The measurements in paragraphs (a) and (b)
of this subdivision shall be taken in accordance with the provisions

of subdivision seven of section sixty-four of this article" and,
therefore, was not necessary to specifically revise.

 JUSTIFICATION :
A business establishment that is seeking an on-premise liquor license
must have its commonly-used entrance either 200 feet from a school,
church, synagogue or other place of worship or 500 feet from 3 other
establishments otherwise the application can be denied, pending a
public hearing by the State Liquor Authority.  Applicants have gotten
around this regulation by creating a new or additional entryway that
falls within the guidelines of the law, and then, upon receiving a
license, returning to using the entryway that does not comply with the
law. This bill closes the loophole by repositioning the originating
measuring point to the applicant's property line closest to the
school, church, synagogue or house of worship or three on-premise
liquor establishments. This legislation would only apply to businesses
established or changed after the enactment of this bill.

 FISCAL IMPLICATIONS :
None to the State

 PRIOR LEGISLATIVE HISTORY :
A2840 (Millman) passed the Assembly in the current Session.

 EFFECTIVE DATE :
December 31, 2009.

2009-S2912 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2912

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  siting of certain premises licensed to sell liquor for consumption  on
  the premises

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (c), (d) and (d-1) of subdivision 7  of  section
64  of  the  alcoholic  beverage  control law, paragraphs (c) and (d) as
amended by chapter 177 of the laws of 1996 and paragraph (d-1) as  added
by chapter 406 of the laws of 2007, are amended to read as follows:
  (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]
POINT ON THE PROPERTY  BOUNDARY  LINE  of  the  premises  sought  to  be
licensed to [the center of the nearest entrance]  THAT IS CLOSEST TO THE
PROPERTY  BOUNDARY LINE of such school, church, synagogue or other place
of worship [or] to the [center of the nearest entrance] CLOSEST POINT ON
THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE  OF WORSHIP OR FROM THE POINT ON THE PROPERTY BOUNDARY LINE OF THE
PREMISES SOUGHT TO BE LICENSED THAT IS CLOSEST TO THE PROPERTY  BOUNDARY
LINE  OF  A  PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION TO
THE CLOSEST POINT ON THE BOUNDARY LINE of each  such  premises  licensed
and operating pursuant to the provisions of this section; except, howev-
er,  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 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  prem-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03666-02-9

S. 2912                             2

ises  has  been  occupied  exclusively as a school, church, synagogue or
other place of worship; AND EXCEPT THAT NO LICENSE  OR  RENEWAL  THEREOF
SHALL  BE  DENIED  TO  ANY  PREMISES PURSUANT TO THIS SECTION AT WHICH A
LICENSE  UNDER  THIS  CHAPTER  HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A
DATE PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND NINE; 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 operating pursuant
to the provisions of this section, at which a license under this chapter
has been in existence continuously on or prior to November first,  nine-
teen hundred ninety-three; and except that this 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
and a caterer's license to a person using the permanent catering facili-
ties  of  a  church,  synagogue  or other place of worship pursuant to a
written agreement between such person and the authorities in  charge  of
such  facilities. 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 premises licensed and
operating  pursuant to the provisions of this section 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 the
provisions  of  this  section  or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed  and
operating  pursuant to the provisions of this section 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-1)]  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: 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] BENEFITING the not-for-profit religious
organization which conducts services at the place of  worship  or  other
not-for-profit organizations or groups; 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,

S. 2912                             3

cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
use of the building for blood drives, health screenings, health informa-
tion  meetings,  yoga  classes,  exercise  classes  or  other activities
intended  to promote the health of the congregants or other persons; and
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.
  S 2. Subdivision 7 of section 64-a of the alcoholic  beverage  control
law,  as amended by chapter 177 of the laws of 1996 and paragraph (e) as
added by chapter 406 of the laws of 2007, is amended to read as follows:
  7. (a) No special on-premises license shall be granted for  any  prem-
ises which shall be
  (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 or
  (ii) 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 the provisions of this section;
  (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
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] POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES SOUGHT TO BE LICENSED THAT IS  CLOSEST  TO
THE  PROPERTY  BOUNDARY  LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF
SUCH  SCHOOL,  CHURCH,  SYNAGOGUE OR OTHER PLACE OF WORSHIP, OR FROM THE
POINT ON THE PROPERTY  BOUNDARY  LINE  OF  THE  PREMISES  SOUGHT  TO  BE
LICENSED  THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF A PREMISES
LICENSED AND OPERATING PURSUANT TO THIS SECTION TO THE CLOSEST POINT  ON
THE  BOUNDARY LINE of each such premises licensed and operating pursuant
to the provisions of this section;  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 OR RENEWAL THEREOF SHALL BE
DENIED TO ANY PREMISES PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER
THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM  A  DATE  PRIOR  TO
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  NINE; 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 operating pursuant to the
provisions of this section, at which a license under  this  chapter  has
been  in  existence continuously on or prior to November first, nineteen
hundred ninety-three.
  (b) [Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section 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 the
provisions of this section or of the premises  sought  to  be  licensed,
except  that where a school or house of worship or premises licensed and

S. 2912                             4

operating pursuant to the provisions of this section 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".
  (c)] Notwithstanding paragraph (a)  of  this  subdivision,  a  special
on-premises license for a premises in which the principal business shall
be  the  operation  of  a  legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be  granted  notwith-
standing the proximity of such premises to any school, provided that the
availability of alcoholic beverages on such premises shall not be adver-
tised in any way at such premises in any manner visible from such street
or avenue.
  [(d)] (C) Notwithstanding the provisions of subparagraph (ii) of para-
graph  (a) of this subdivision, the authority may issue a retail license
for on-premises consumption for a premises which shall  be  within  five
hundred  feet  of three or more existing premises licensed and operating
pursuant to the provisions of this section 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. 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  operating
and licensed pursuant to this section.
  [(e)]  (D) 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: 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;  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; the use of the
building for blood drives, health screenings, health  information  meet-
ings,  yoga  classes,  exercise  classes or other activities intended to
promote the health of the congregants or other persons; and 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

S. 2912                             5

payment  of  funds to defray costs related to another party's use of the
building.
  S  3.  Paragraph (a) of subdivision 5 of section 64-b of the alcoholic
beverage control law, as amended by chapter 406 of the laws of 2007,  is
amended to read as follows:
  (a)  No  bottle  club  license shall be granted for any premises which
shall be 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; the measurements to be taken in a straight  line  from
the [center of the nearest entrance of such school, church, synagogue or
other  place  of worship to the center of the nearest entrance] POINT ON
THE PROPERTY BOUNDARY LINE of the premises to be licensed THAT IS  CLOS-
EST  TO  THE PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR
OTHER PLACE OF WORSHIP TO THE CLOSEST POINT  ON  THE  PROPERTY  BOUNDARY
LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP; 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 OR
RENEWAL THEREOF SHALL BE DENIED TO ANY PREMISES PURSUANT TO THIS SECTION
AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY
FROM A DATE PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND NINE.
  S 4. Subparagraph (iii) of paragraph (a) and paragraphs (b),  (c)  and
(d)  of subdivision 11 of section 64-c of the alcoholic beverage control
law, subparagraph (iii) of paragraph (a),  paragraphs  (b)  and  (c)  as
added  by  chapter 538 of the laws of 1997 and paragraph (d) as added by
chapter 406 of the laws of 2007, are amended to read as follows:
  (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
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] POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES SOUGHT TO BE LICENSED THAT IS  CLOSEST  TO
THE  PROPERTY  BOUNDARY  LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP TO THE CLOSEST POINT ON THE PROPERTY BOUNDARY  LINE  OF
SUCH  SCHOOL,  CHURCH,  SYNAGOGUE OR OTHER PLACE OF WORSHIP, OR FROM THE
POINT ON THE PROPERTY  BOUNDARY  LINE  OF  THE  PREMISES  SOUGHT  TO  BE
LICENSED  THAT  IS  CLOSEST  TO THE PROPERTY BOUNDARY LINE OF A PREMISES
LICENSED AND OPERATING PURSUANT TO THIS SECTION TO THE CLOSEST POINT  ON
THE  BOUNDARY LINE of each such premises licensed and operating pursuant
to the provisions of this section;  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 OR RENEWAL THEREOF SHALL BE
DENIED TO ANY PREMISES PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER
THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM  A  DATE  PRIOR  TO
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  NINE; 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 operating pursuant to the
provisions of this section or section sixty-four or sixty-four-a 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.

S. 2912                             6

  (b) [Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section 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 the
provisions of this section or of the premises  sought  to  be  licensed,
except  that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section 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".
  (c)] Notwithstanding the provisions of subparagraph (ii) of  paragraph
(a)  of  this subdivision, the authority may issue a license pursuant to
this section which shall be within five hundred feet of  three  or  more
existing  premises  licensed and operating pursuant to the provisions of
this section or section sixty-four or sixty-four-a 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. 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 where three or  more
premises  are operating and licensed pursuant to this section or section
sixty-four or sixty-four-a of this article.
  [(d)] (C) 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:  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; 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; the use of  the
building  for  blood drives, health screenings, health information meet-
ings, yoga classes, exercise classes or  other  activities  intended  to
promote  the  health of the congregants or other persons; and 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

S. 2912                             7

religious  organization  occupying  the  place  of  worship  accepts the
payment of funds to defray costs related to another party's use  of  the
building.
  S  5.  Subdivision  3 of section 105 of the alcoholic beverage control
law, as amended by chapter 406 of the laws of 2007, is amended  to  read
as follows:
  3.  (a)  No retail license to sell liquor and/or wine for off-premises
consumption shall be granted for any premises which shall be 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;  the  measurements  to  be  taken  in  a straight line from the
[center of the nearest entrance to the building used  for  such  school,
church, synagogue or other place of worship to the center of the nearest
entrance]  POINT  ON  THE  PROPERTY  BOUNDARY LINE of the premises to be
licensed THAT IS CLOSEST TO THE PROPERTY BOUNDARY LINE OF  SUCH  SCHOOL,
CHURCH,  SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CLOSEST POINT ON THE
PROPERTY BOUNDARY LINE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER  PLACE
OF  WORSHIP;  except,  however,  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 OR RENEWAL THEREOF SHALL  BE  DENIED
TO  ANY  PREMISES PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS
CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO DECEMBER
THIRTY-FIRST, TWO THOUSAND NINE.
  (b) [Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house  of  worship,  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 proposed to be licensed,  except  that
where  a  school or house of worship is set back from a public thorough-
fare, 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 walk-
way 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".
  (c)] 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: 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 perform-
ances by or benefitting  the  not-for-profit  religious  [organizations]
ORGANIZATION  which  conducts  services at the place of worship or other
not-for-profit organizations or groups; 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

S. 2912                             8

or  diseases  including, but not limited to, alcoholism, drug addiction,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
use of the building for blood drives, health screenings, health informa-
tion  meetings,  yoga  classes,  exercise  classes  or  other activities
intended to promote the health of the congregants or other persons;  and
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.
  S 6. This act shall take effect December 31, 2009.

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