S T A T E O F N E W Y O R K
________________________________________________________________________
7686
I N S E N A T E
June 13, 2012
___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 7686 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.