S T A T E O F N E W Y O R K
________________________________________________________________________
29
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
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, which premises are located in cities with populations in
excess of one million people
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d-1) of subdivision 7 of section 64 of the alco-
holic beverage control law, as amended by chapter 463 of the laws of
2009, is amended and a new paragraph (d-2) is added to read as follows:
(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 perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00108-01-1
S. 29 2
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.
(D-2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF THIS
SUBDIVISION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE
MILLION PEOPLE, THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION ARE TO BE TAKEN IN STRAIGHT LINES FROM THE 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 OR FROM THE
POINT ON THE PROPERTY BOUNDARY LINE OF THE PREMISES 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, 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, RESTAURANT, CATERING ESTAB-
LISHMENT OR CLUB ON OR PRIOR TO DECEMBER FIFTH, NINETEEN HUNDRED THIR-
TY-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 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 THIR-
TY-FIRST, TWO THOUSAND ELEVEN; 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; 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 FACILITIES 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.
S 2. Subdivision 7 of section 64-a of the alcoholic beverage control
law is amended by adding a new paragraph (b-1) to read as follows:
(B-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO CITIES
S. 29 3
HAVING POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION ARE TO
BE TAKEN IN STRAIGHT LINES FROM THE 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, OR FROM THE POINT ON THE PROPERTY
BOUNDARY LINE OF THE PREMISES 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 ELEVEN; 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.
S 3. Subdivision 5 of section 64-b of the alcoholic beverage control
law is amended by adding a new paragraph (a-1) to read as follows:
(A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE MILLION
PEOPLE, 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 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 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 ELEVEN.
S 4. Paragraph (d) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009, is
amended and a new paragraph (b-1) is added to read as follows:
(B-1) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (III) OF PARA-
GRAPH (A) AND PARAGRAPH (B) OF THIS SUBDIVISION, WITH RESPECT TO CITIES
HAVING POPULATIONS IN EXCESS OF ONE MILLION PEOPLE, THE MEASUREMENTS IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION ARE TO
BE TAKEN IN STRAIGHT LINES FROM THE 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
S. 29 4
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 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 ELEVEN; 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.
(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 perform-
ances by or [benefitting] BENEFITING the not-for-profit religious organ-
ization 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 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 5. Paragraph (c) of subdivision 3 of section 105 of the alcoholic
beverage control law, as added by chapter 406 of the laws of 2007, is
amended and a new paragraph (b-1) is added to read as follows:
(B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, WITH RESPECT TO CITIES HAVING POPULATIONS IN EXCESS OF ONE
MILLION PEOPLE, 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
S. 29 5
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 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 PREM-
ISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTIN-
UOUSLY 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 THIR-
TY-FIRST, TWO THOUSAND ELEVEN.
(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] BENEFITING 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 or diseases including, but not limited to, alco-
holism, drug addiction, cancer, cerebral palsy, Parkinson's disease, or
Alzheimer's disease; 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 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 on the one hundred eightieth day after
it shall have become a law.