Assembly Bill A10787

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

                                  10787

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
  -- read once and referred to the Committee on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  licenses to sell liquor at retail for consumption on certain premises

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

  Section  1. Paragraphs (c) and (d-1) of subdivision 7 of section 64 of
the alcoholic beverage control law, as amended by  chapter  463  of  the
laws of 2009, 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 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-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article; except, however, that
no renewal license shall be denied because of such  restriction  to  any
premises  so located which were maintained as a bona fide hotel, restau-
rant, 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 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 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,  at  which  a  license under this chapter has been in existence
continuously on or prior to November  first,  nineteen  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

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

                                                           LBD16244-01-2

A. 10787                            2

to  a person using [the permanent] catering facilities [of] LOCATED IN a
BUILDING OCCUPIED AS A church,  synagogue  or  other  place  of  worship
pursuant  to  a  written agreement between such person and the [authori-
ties]  RELIGIOUS  ORGANIZATION  in charge of such [facilities] BUILDING,
WHERE THE RELIGIOUS ORGANIZATION RETAINS  BENEFICIAL  OWNERSHIP  OF  THE
PREMISES.    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-1) Within the context of  PARAGRAPH  (A)  OF  this  subdivision,  a
building occupied as a place of worship does not cease to be "exclusive-
ly"  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, 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]
NON-CONGREGANTS for private social, CORPORATE  OR  CHARITABLE  functions
REGARDLESS  OF  WHETHER THOSE FUNCTIONS HAVE A NEXUS WITH THE ACTIVITIES
OF THE RELIGIOUS ORGANIZATION OTHER THAN PROVIDING FINANCIAL SUPPORT FOR
THAT ORGANIZATION.  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 OR FOR THE BENEFIT OF THE RELIGIOUS ORGANIZATION.
  S 2. This act shall take effect immediately.