NY State Senate Bill 2015-S3371A

Senate Bill S3371A

2015-2016 Legislative Session

Relates to licensing to sell wine and beer at retail for consumption on the premises in a motion picture theatre

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Jun 25, 2015	committed to rules
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.931
May 21, 2015	print number 3371a
May 21, 2015	amend (t) and recommit to investigations and government operations
Feb 06, 2015	referred to investigations and government operations

Votes

- May 27, 2015 - Investigations And Government Operations Committee Vote
  S3371A
  
  5
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 27, 2015
      
      aye (5)
      
      Carlucci
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      Squadron
      
      nay (1)
      
      Murphy
      
      aye wr (2)
      
      Golden
      
      Hoylman-Sigal
      
      excused (1)
      
      Diaz

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3371 - Details

See Assembly Version of this Bill:: A1380
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd ABC L, generally
Versions Introduced in 2013-2014 Legislative Session:: S7780, A10125

2015-S3371 - Summary

Relates to licensing to sell beer and wine at retail for consumption on the premises in a motion picture theatre.

2015-S3371 - Sponsor Memo

                                BILL NUMBER:S3371

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to wine, beer and liquor in motion picture theatres

PURPOSE:

Allows motion picture theatres to apply for a license to sell liquor
at retail for consumption on premise.

SUMMARY OF PROVISIONS:

Section 1 amends Section 3 of the Alcoholic Beverage Control law by
adding subdivision 20-f to define a motion picture theatre.

Section 2 amends the Alcoholic Beverage Control law by adding section
64-e to allow applications for a license to sell liquor at retail for
consumption on the premises in a motion picture theatre. It states a
license under this section will be issued to all applicants except for
good cause shown and circumstances of application denial.

Section 3 states the requirement of information within the
application, without an additional fee.

Section 4 states Section 54 of this chapter shall control so far as
applicable the procedure in connection with such application.

Section 5 gives the conditions of the application and penalties of
failing to comply.

Section 6 states that places defined as restaurants with table seating
or seat-side tables where meals are served will not be prohibited the
issuance of a license.

Section 7 states on premise consumption location guidelines and
requirements.

Sections 3-22 Amends sections of the Alcoholic Beverage Control law by
adding 64-e to appropriate license restriction and enforcement
sections.

Section 23 establishes the effective date.

JUSTIFICATION:

In recent years, the entertainment industry has changed dramatically.
Consumers now have a larger selection of options to view motion
pictures other than going directly to the theatre.  Netflix, Amazon
Prime, pay-per-view, and on demand services provide high definition
entertainment without having to leave your home, which has caused a
burden on the motion picture theatre industry.

Allowing motion picture theaters to sell alcoholic beverages at retail
for on premise consumption would give them with the ability to provide
adults the experience that other industries offer. By giving movie
theatres the opportunity to sell alcohol they would be able attract
consumers like comparable adult entertainment venues including


Casinos, concerts, and sporting events. States like California,
Colorado, Florida, North Carolina, and Tennessee currently allow
alcohol to be served in movie theaters.

LEGISLATIVE HISTORY:

2013-14: S.7780 Investigations and Government Operations/ A. 10125
Economic Development

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, provided, however, that the
amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire
therewith.

2015-S3371 - Bill Text download pdf

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

                                  3371

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN ACT to amend the alcoholic beverage control law, in relation to wine,
  beer and liquor in motion picture theatres

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding a new subdivision 20-f to read as follows:
  20-F. "MOTION PICTURE THEATRE" SHALL MEAN A BUILDING OR FACILITY WHICH
IS  REGULARLY  USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION
PICTURES ON A DAILY BASIS TO THE GENERAL  PUBLIC  WHERE  ALL  AUDITORIUM
SEATING  IS  PERMANENTLY  AFFIXED  TO  THE FLOOR AND AT LEAST SIXTY-FIVE
PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL  GROSS  REVENUES  IS  THE
COMBINED  RESULT OF ADMISSION REVENUE FOR THE SHOWING OF MOTION PICTURES
AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES.
  S 2. The alcoholic beverage control law is amended  by  adding  a  new
section 64-e to read as follows:
  S  64-E. LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES IN A MOTION PICTURE THEATRE. 1. ANY PERSON MAY MAKE AN  APPLICATION
TO THE STATE LIQUOR AUTHORITY FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR
CONSUMPTION  ON  THE  PREMISES IN A MOTION PICTURE THEATRE AS DEFINED IN
SUBDIVISION TWENTY-F OF SECTION THREE OF THIS CHAPTER.
  2. A LICENSE UNDER THIS SECTION SHALL  BE  ISSUED  TO  ALL  APPLICANTS
EXCEPT FOR GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE EXISTS TO
DENY AN APPLICATION, THE AUTHORITY MAY CONSIDER:
  (A)  THE HISTORY OF LIQUOR VIOLATIONS AND DOCUMENTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES CONNECTED WITH  THE  SALE  AND  CONSUMPTION  OF
ALCOHOLIC BEVERAGES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01194-01-5

S. 3371                             2

  (B)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES FOR THE OPERATION
OF THE MOTION PICTURE THEATRE AND SALE OF ALCOHOLIC BEVERAGES;
  (C) THE AGGREGATE NUMBER OF SEATS IN THE MOTION PICTURE THEATRE;
  (D)  THE APPLICANT'S PROPOSED METHOD OF OPERATION AND ALCOHOLIC BEVER-
AGE CONTROL PLAN;
  (E) OBJECTIONS FROM THE LOCAL MUNICIPALITY BASED ON EVIDENCE OF  NEGA-
TIVE IMPACTS TO THE SURROUNDING COMMUNITY;
  (F)  ANY  OTHER  FACTORS, IN THE JUDGMENT OF THE AUTHORITY, THAT WOULD
CREATE A RISK IN THE ORDERLY ENFORCEMENT OF THIS CHAPTER; AND
  (G) ANY OTHER FACTORS, SUCH AS THE CHARACTER AND FITNESS OF THE APPLI-
CANT TO HOLD A LICENSE, THAT ARE  RELEVANT  TO  DETERMINE  WHETHER  GOOD
CAUSE EXISTS TO DENY THE APPLICATION.
  3.  SUCH  APPLICATION  SHALL  BE  IN  SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE RULES OF  THE  LIQUOR  AUTHORITY
AND  SHALL  BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY
THIS ARTICLE FOR SUCH LICENSE. SUCH LICENSE  SHALL  ALSO  BE  DEEMED  TO
INCLUDE  A  LICENSE TO SELL WINE AND BEER AT RETAIL TO BE CONSUMED UNDER
THE SAME TERMS AND CONDITIONS, WITHOUT THE  PAYMENT  OF  ANY  ADDITIONAL
FEE.
  4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
  5.  A  LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
CONDITIONS SET FORTH BELOW.  FAILURE TO COMPLY WITH ANY OF THESE  CONDI-
TIONS  SHALL,  CONSTITUTE  GROUNDS  FOR  THE SUSPENSION, CANCELLATION OR
REVOCATION OF THE LICENSE, AND/OR THE IMPOSITION OF A CIVIL PENALTY  AND
THE  RECOVERY  OF THE PENAL SUM OF THE BOND ON FILE DURING THE PERIOD OF
THE VIOLATION.
  (A) A LICENSEE SHALL NOT SELL OR SERVE AN ALCOHOLIC  BEVERAGE  TO  ANY
PERSON  THAT  DOES  NOT  DEMONSTRATE  THAT  THEY  ARE  OVER  THE  AGE OF
TWENTY-ONE AS EVIDENCED BY THE PRESENTATION OF A VALID  FORM  OF  PHOTO-
GRAPHIC  IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAP-
TER;
  (B) NO MORE THAN ONE ALCOHOLIC BEVERAGE SHALL BE SOLD OR SERVED TO ANY
ONE PERSON DURING ANY ONE TRANSACTION;
  (C) SUBJECT TO THE PROVISIONS SET FORTH IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED SIX OF THIS CHAPTER, THE LICENSEE SHALL ONLY SELL  OR  SERVE
ALCOHOLIC BEVERAGES FOR THE PERIOD BEGINNING ONE HOUR PRIOR TO THE FIRST
MOTION PICTURE VIEWING AND ENDING UPON THE CONCLUSION OF THE LAST MOTION
PICTURE VIEWING; AND
  (D) THE LICENSEE MUST MAKE AVAILABLE TO ITS PATRONS FOOD THAT IS TYPI-
CALLY  FOUND  IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO:
POPCORN, CANDY, AND LIGHT SNACKS.
  6. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE ISSUANCE OF  A
LICENSE  PURSUANT  TO  SECTION  SIXTY-FOUR  OF  THIS SECTION TO A MOTION
PICTURE THEATRE OR OTHER VENUE THAT SHOWS MOTION PICTURES THAT MEETS THE
DEFINITION OF A RESTAURANT SET  FORTH  IN  SUBDIVISION  TWENTY-SEVEN  OF
SECTION  THREE  OF  THIS  CHAPTER  AND WHERE ALL SEATING IS AT TABLES OR
SEATSIDE TABLES WHERE MEALS ARE SERVED.
  7. NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION 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  THREE  OR  MORE  EXISTING  PREMISES

S. 3371                             3

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.
  8. (A) THE MEASUREMENTS IN SUBDIVISION SEVEN OF THIS SECTION 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, 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, 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  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,  SIXTY-FOUR-A,  SIXTY-FOUR-B,   SIXTY-FOUR-C,
AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT WHICH A LICENSE UNDER THIS CHAP-
TER  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.
  (B)  FOR  THE  PURPOSES 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".
  (C) FOR THE PURPOSES 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

S. 3371                             4

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 BENEFITING THE NOT-FOR-PROFIT RELIGIOUS  ORGANIZATION  WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS 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 ADDITION, 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 "EXCLU-
SIVELY"  OCCUPIED  AS  A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT RELI-
GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
  9. NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION
SEVEN  OF  THIS  SECTION,  THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO
THIS SECTION FOR A PREMISES WHICH SHALL BE 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  CONSULTA-
TION WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETERMINES THAT GRANT-
ING 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 RESCHED-
ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, 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 MUNI-
CIPALITY 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  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.

S. 3371                             5

  S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended by chapter 355 of the laws of 2013, is amended to read
as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a,   sixty-three,   sixty-four,  sixty-four-a,  sixty-four-b,
sixty-four-c, SIXTY-FOUR-E, seventy-six-f, seventy-nine, eighty-one  and
eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections fifty-three,
seventy-six, seventy-six-a, and seventy-eight of this chapter,  provided
that  the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and
provisions  of  the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion remains unpaid, in whole or in  part,  more  than  forty-five  days
after  written  demand  for payment has been sent by first class mail to
the address of the licensed premises,  a  notice  of  impending  default
judgment  shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address  of  the  person  who
signed  the  most  recent license application.   The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
amount  of  the  civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the  notice;  (e)  the  violations  for
which  the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any  other
place  provided for the entry of civil judgments within the state of New
York unless the division receives full payment of  all  civil  penalties
due  within  twenty  days of the date of the notice of impending default
judgment. If full payment shall not have been received by  the  division
within  thirty  days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A

S. 3371                             6

judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  S  4.  Subdivision  3  of section 55 of the alcoholic beverage control
law, as amended by chapter 531 of the laws of 1964, is amended  to  read
as follows:
  3.  No  such  license  shall be issued, however, to any person for any
premises other than premises for which a license  may  be  issued  under
section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E of this chapter or
a hotel or premises which are kept, used, maintained, advertised or held
out  to  the  public to be a place where food is prepared and served for
consumption on the premises in such quantities as to satisfy the  liquor
authority  that  the  sale of beer intended is incidental to and not the
prime source of revenue from the operation of such premises. The forego-
ing provisions of this subdivision  shall  not  apply  to  any  premises
located  at,  in,  or  on the area leased by the city of New York to New
York World's Fair 1964 Corporation pursuant to the provisions of chapter
four hundred twenty-eight of the laws  of  nineteen  hundred  sixty,  as
amended  by  a chapter of the laws of nineteen hundred sixty-one, during
the term or duration of such lease. Such license may also  include  such
suitable  space outside of the licensed premises and adjoining it as may
be approved by the liquor authority.
  S 5. Subdivisions 1 and 2 of section 56-a of  the  alcoholic  beverage
control  law,  as amended by chapter 384 of the laws of 2013, is amended
to read as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
each  initial application for a license filed pursuant to section sixty-
three, sixty-four, sixty-four-a [or], sixty-four-b  OR  SIXTY-FOUR-E  of
this  chapter,  a  filing  fee of two hundred dollars; with each initial
application for a  license  filed  pursuant  to  section  fifty-three-a,
fifty-four, fifty-five, fifty-five-a, seventy-nine, eighty-one or eight-
y-one-a  of this chapter, a filing fee of one hundred dollars; with each
initial application for a permit filed pursuant to  section  ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is to be issued on a calendar year basis, ninety-four, nine-
ty-five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or
j  of  subdivision  one of section ninety-nine-b of this chapter if such
permit is to be issued on a calendar year basis, or  for  an  additional
bar pursuant to subdivision four of section one hundred of this chapter,
a  filing  fee of twenty dollars; and with each application for a permit
under section ninety-three-a of this chapter, other than a permit to  be
issued  on  a  calendar  year basis, section ninety-seven, ninety-eight,
ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
issued pursuant to paragraph b, c, e or j of subdivision one of  section
ninety-nine-b  of this chapter on a calendar year basis, a filing fee of
ten dollars.
  2. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each renewal application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal application for a license filed pursuant to section sixty-three,
sixty-four, sixty-four-a [or],  sixty-four-b  OR  SIXTY-FOUR-E  of  this

S. 3371                             7

chapter,  a  filing fee of ninety dollars; with each renewal application
for a license filed pursuant  to  section  seventy-nine,  eighty-one  or
eighty-one-a  of  this chapter, a filing fee of twenty-five dollars; and
with  each renewal application for a license or permit filed pursuant to
section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is issued on a calendar  year  basis,  ninety-four,  ninety-
five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
sions b, c, e or j of section ninety-nine-b, if such permit is issued on
a  calendar  year  basis,  or with each renewal application for an addi-
tional bar pursuant to subdivision four of section one hundred  of  this
chapter, a filing fee of thirty dollars.
  S  6.  Paragraph  (b)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (b)  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  this  section  and  sections
sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR
SIXTY-FOUR-E of this article;
  S  7.  Paragraph  (c)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
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, AND/OR SIXTY-FOUR-E of  this  arti-
cle; 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 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,  AND/OR  SIXTY-FOUR-E  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 to a person using the permanent cater-
ing 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 author-
ize 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

S. 3371                             8

location is not within a closer distance to such school,  church,  syna-
gogue or other place of worship.
  S  8.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (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-a,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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 attend-
ing  the  place  of  worship,  and  to patrons or guests of the premises
licensed  and  operating  pursuant  to   this   section   and   sections
sixty-four-a,  sixty-four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR
SIXTY-FOUR-E 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-a,  sixty-
four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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".
  S 9. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion,  the  authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises  licensed  and  operating  pursuant  to  this  section  and
sections     sixty-four-a,    sixty-four-b,    sixty-four-c,    [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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 resched-
uled, 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 muni-
cipality 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

S. 3371                             9

license upon the grounds that such premises are 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-a,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
of this article.
  S 10. Paragraph (a) of subdivision 7 of section 64-a of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (a) No special on-premises license shall be granted for  any  premises
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 this section and sections sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
of this article;
  (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 of each  such  premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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 three or more existing premises licensed and
operating   pursuant   to   this   section   and   sections  sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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.
  S  11. Paragraph (b) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (b)  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-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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

S. 3371                            10

pursuant to this section and sections sixty-four,  sixty-four-b,  sixty-
four-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
the premises sought to be licensed 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".
  S  12. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four, sixty-four-b, sixty-four-c, [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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. 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.  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  munici-
pality  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 resched-
uled, adjourned or continued public meeting.  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
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
of this article.
  S 13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b  of
the  alcoholic  beverage control law, paragraph (a) as amended and para-
graph (b) as added by chapter 463 of the laws of 2009 and paragraph  (c)
as  amended  by  chapter 185 of the laws of 2012, are amended to read as
follows:
  (a) No bottle club license shall be granted  for  any  premises  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

S. 3371                            11

  (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 this section and sections sixty-four,
sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
of this article;
  (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 of each  such  premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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 three or more existing premises licensed and
operating   pursuant   to   this   section   and   sections  sixty-four,
sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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.
  (b)  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-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
the premises sought to be licensed 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)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be 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-c, [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation

S. 3371                            12

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 resched-
uled, 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 muni-
cipality 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  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-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
article.
  S 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
beverage  control  law,  as added by chapter 366 of the laws of 2012, is
amended to read as follows:
  (a) For purposes of sections one hundred one and one  hundred  six  of
this  chapter,  a  person  licensed under this section shall be deemed a
"retailer" as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a  person
licensed under this section may also be licensed (or interested directly
or  indirectly  in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a,  fifty-five,
fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
sixty-four,  sixty-four-a,   sixty-four-b   [and],   sixty-four-d,   AND
SIXTY-FOUR-E of this article.
  S 15. Subdivision 11 of section 64-c of the alcoholic beverage control
law,  as amended by chapter 463 of the laws of 2009 and paragraph (c) as
amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
follows:
  11. (a) No restaurant-brewer license shall be granted for any premises
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  or
sections  sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
AND SIXTY-FOUR-E of this article; or
  (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

S. 3371                            13

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  [and/or], sixty-four-d, AND SIXTY-FOUR-E 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 three or more existing premises licensed and oper-
ating pursuant to this section and  sections  sixty-four,  sixty-four-a,
sixty-four-b  [and/or],  sixty-four-d, AND SIXTY-FOUR-E 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.
  (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   this   section   and   sections  sixty-four,
sixty-four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  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 [and/or], sixty-four-d, AND  SIXTY-FOUR-E  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
[and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this article 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 hard-
ware, or which is used solely as an emergency or fire exit, or for main-
tenance 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 for a premises which shall be 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  [and/or],
sixty-four-d, AND/OR SIXTY-FOUR-E 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  resched-
uled,  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

S. 3371                            14

rescheduled, adjourned or continued public meeting. Notice to the  muni-
cipality  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 a building or buildings wherein three or more premises are  operating
and  licensed  pursuant  to  this section or sections sixty-four, sixty-
four-a, sixty-four-b [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this
article.
  S 16. Subdivision 8 of section 64-d of the alcoholic beverage  control
law,  as amended by chapter 463 of the laws of 2009 and paragraph (e) as
amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
follows:
  8.  No  cabaret  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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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  oper-
ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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, [and/or]
sixty-four-c AND/OR SIXTY-FOUR-E 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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this

S. 3371                            15

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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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,
[and/or]  sixty-four-c  AND/OR SIXTY-FOUR-E of this article or the prem-
ises 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 thorough-
fare.  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  subdivi-
sion,  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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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  munici-
pality  or community board of any such rescheduled, adjourned or contin-
ued 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  sched-
uled  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, [and/or] sixty-four-c
AND/OR SIXTY-FOUR-E 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

S. 3371                            16

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 organization which
conducts services at the place of worship or other not-for-profit organ-
izations or groups; the use of the building by other religious organiza-
tions 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 includ-
ing, 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  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
payment  of  funds to defray costs related to another party's use of the
building.
  S 17. Subdivision 4 of section 66 of the  alcoholic  beverage  control
law,  as  amended  by  section  3 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
  4. The annual fee  for  a  license,  under  section  sixty-four  [or],
sixty-four-a[,]  OR SIXTY-FOUR-E to sell liquor at retail to be consumed
on the premises where  sold  shall  be  twenty-one  hundred  seventy-six
dollars  in  the  counties of New York, Kings, Bronx and Queens; fifteen
hundred thirty-six dollars in the  county  of  Richmond  and  in  cities
having  a population of more than one hundred thousand and less than one
million; twelve hundred sixteen dollars in cities having a population of
more than fifty thousand and less than one hundred thousand; and the sum
of eight hundred ninety-six dollars elsewhere; except that  the  license
fees  for  catering  establishments  shall be two-thirds the license fee
specified herein and for clubs, except luncheon clubs  and  golf  clubs,
shall  be  seven  hundred  fifty dollars in counties of New York, Kings,
Bronx and Queens; five hundred dollars in the county of Richmond and  in
cities  having  a  population of more than one hundred thousand and less
than one million; three hundred fifty dollars in cities having  a  popu-
lation  of  more than fifty thousand and less than one hundred thousand;
and the sum of two hundred fifty dollars elsewhere. The annual fees  for
luncheon clubs shall be three hundred seventy-five dollars, and for golf
clubs  in  the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
mond and Westchester, two  hundred  fifty  dollars,  and  elsewhere  one
hundred eighty-seven dollars and fifty cents.  Notwithstanding any other
provision  of  law  to  the contrary, there shall be no annual fee for a
license, under section sixty-four,  to  sell  liquor  at  retail  to  be
consumed  on  the premises where the applicant is an organization organ-
ized under section two hundred sixty of the military  law  and  incorpo-
rated  pursuant to the not-for-profit corporation law.  Provided, howev-
er, that where any premises for which a license is  issued  pursuant  to
section  sixty-four  [or],  sixty-four-a OR SIXTY-FOUR-E of this article
remain open only within the period commencing  April  first  and  ending

S. 3371                            17

October thirty-first of any one year, or only within the period commenc-
ing  October  first and ending the following April thirtieth, the liquor
authority may, in its discretion,  grant  a  summer  or  winter  license
effective  only for such appropriate period of time, for which a license
fee shall be paid to be pro-rated for the period for which such  license
is  effective,  at the rate provided for in the city, town or village in
which such premises are located, except that no such license  fee  shall
be  less  than  one-half  of  the  regular  annual license fee; provided
further that where the premises to be licensed are a  race  track  or  a
golf  course or are licensed pursuant to section sixty-four [or], sixty-
four-a, OR SIXTY-FOUR-E of this  chapter,  the  period  of  such  summer
license may commence March first and end November thirtieth.
  Where  a  hotel,  restaurant,  club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the  authori-
ty,  such fact alone shall not affect the eligibility of the premises or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S 18. Paragraph a of subdivision 4 of section 81-a  of  the  alcoholic
beverage  control  law,  as added by chapter 666 of the laws of 1987, is
amended to read as follows:
  a. No such license shall be issued to  any  person  for  any  premises
other  than  premises  for  which  a license may be issued under section
sixty-four OR SIXTY-FOUR-E of this chapter or a hotel or premises  which
are kept, used, maintained, advertised or held out to the public to be a
place  where food is prepared and served for consumption on the premises
in such quantities as to satisfy the liquor authority that the  sale  of
wine  intended is incidental to and not the prime source of revenue from
the operation of such premises. Such license may also include such suit-
able space outside the licensed premises and  adjoining  it  as  may  be
approved by the liquor authority.
  S  19.  Subdivision 7 of section 100 of the alcoholic beverage control
law, as added by chapter 256 of the laws of 1978, is amended to read  as
follows:
  7.  Within  ten  days after filing a new application to sell liquor at
retail under section sixty-three, sixty-four, sixty-four-a [or],  sixty-
four-b  OR  SIXTY-FOUR-E  of this chapter, a notice thereof, in the form
prescribed by the authority, shall be  posted  by  the  applicant  in  a
conspicuous  place  at the entrance to the proposed premises. The appli-
cant shall make reasonable efforts to insure such  notice  shall  remain
posted throughout the pendency of the application. The provisions hereof
shall  apply  only  where  no  retail liquor license has previously been
granted for the proposed premise and shall, specifically, not be  appli-
cable  to  a proposed sale of an existing business engaged in the retail
sale of liquor. The authority may adopt such rules it may deem necessary
to carry out the purpose of this subdivision.
  S 20. The closing paragraph of subdivision 2 of  section  102  of  the
alcoholic  beverage  control  law,  as  added by section 1 of part OO of
chapter 56 of the laws of 2010, is amended to read as follows:
  As used in this subdivision, "recreational facility" shall  mean:  (i)
premises  that  are  part  of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis,  swim-
ming,  skiing or boating; and (ii) premises in which the principal busi-
ness shall be the  operation  of  a  theatre,  MOTION  PICTURE  THEATRE,
concert  hall,  opera house, bowling establishment, excursion and sight-
seeing vessel, or accommodation of  athletic  events,  sporting  events,

S. 3371                            18

expositions and other similar events or occasions requiring the accommo-
dation of large gatherings of persons.
  S 21. Subdivision 1 of section 110-a of the alcoholic beverage control
law,  as  added by chapter 77 of the laws of 1999, is amended to read as
follows:
  1. Every person applying for a license  to  sell  alcoholic  beverages
pursuant  to  subdivision  four  of section fifty-one, or section fifty-
five, sixty-four, sixty-four-a, sixty-four-c,  SIXTY-FOUR-E,  eighty-one
or eighty-one-a of this chapter shall publish notice thereof pursuant to
subdivision two of this section.
  S 22. Subdivision 1 of section 110-b of the alcoholic beverage control
law,  as  amended by chapter 560 of the laws of 2011, is amended to read
as follows:
  1. Not less than thirty days before filing any of the following appli-
cations, an applicant shall notify the municipality in which  the  prem-
ises is located of such applicant's intent to file such an application:
  (a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,  sixty-four-d,
SIXTY-FOUR-E, eighty-one or eighty-one-a of this chapter;
  (b) for a renewal under section one hundred nine of this chapter of  a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E, eighty-one or
eighty-one-a of this chapter if the premises is located within the  city
of New York;
  (c)  for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within  the  city  of  New  York  and
licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-E,  eighty-one  or
eighty-one-a of this chapter; or
  (d) for approval of a substantial corporate change under section nine-
ty-nine-d  of this chapter if the premises is located within the city of
New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E,
eighty-one or eighty-one-a of this chapter.
  S 23. This act shall take effect immediately, provided, however,  that
the  amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section three of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.

co-Sponsors

2015-S3371A (ACTIVE) - Details

See Assembly Version of this Bill:: A1380
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd ABC L, generally
Versions Introduced in 2013-2014 Legislative Session:: S7780, A10125

2015-S3371A (ACTIVE) - Summary

Relates to licensing to sell beer and wine at retail for consumption on the premises in a motion picture theatre.

2015-S3371A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3371A

TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
wine and beer in motion picture theatres

PURPOSE:

Allows motion picture theatres to apply for a license to sell wine and
beer at retail for consumption on premise.

SUMMARY OF PROVISIONS:

Section 1 amends Section 3 of the Alcoholic Beverage Control law by
adding subdivision 20-f to define a motion picture theatre.

Section 2 amends the Alcoholic Beverage Control law by adding section
64-e to allow applications for a license to sell wine and beer at
retail for consumption on the premises in a motion picture theatre.
It states a license under this section will be issued to all
applicants except for good cause shown and circumstances of
application denial Section 3 states the requirement of information
within the application, without an additional fee. Section 4 states
Section 54 of this chapter shall control so far as applicable the
procedure in connection with such application. Section 5 gives the

conditions of the application and penalties of failing to comply.
Section 6 states that places defined as restaurants with table seating
or seat-side tables where meals are served will not be prohibited the
issuance of a license. Section 7 states on premise consumption
location guidelines and requirements

Sections 3-22 Amends sections of the Alcoholic Beverage Control law by
adding 64-e to appropriate license restriction and enforcement
sections.

Section 24 establishes the effective date.

JUSTIFICATION:

In recent years, the entertainment industry has changed dramatically
Consumers now have a larger selection of options to view motion
pictures other than going directly to the theatre. Netflix, Amazon
Prime, pay-per-view, and on demand services provide high definition
entertainment without having to leave your home, which has caused a
burden on the motion picture theatre industry.  Allowing motion
picture theaters to sell alcoholic beverages at retail for on premise
consumption would give them with the ability to provide adults the
experience that other industries offer. By giving movie theatres the
opportunity to sell alcohol they would be able attract consumers like
comparable adult entertainment venues including Casinos, concerts, and
sporting events. States like California, Colorado, Florida, North
Carolina, and Tennessee currently allow alcohol to be served in movie
theaters.

LEGISLATIVE HISTORY:


2013-14: S. 7780 Investigations and Government Operations/ A. 10125
Economic Development

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately, provided, however, that the
amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire
therewith.

2015-S3371A (ACTIVE) - Bill Text download pdf

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

                                 3371--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sens. MARCELLINO, BOYLE, CARLUCCI, GALLIVAN, SQUADRON --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Investigations and Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the alcoholic beverage control law, in relation to wine
  and beer in motion picture theatres

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

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 20-f to read as follows:
  20-F. "MOTION PICTURE THEATRE" SHALL MEAN A BUILDING OR FACILITY WHICH
IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION  OF  MOTION
PICTURES  ON  A  DAILY  BASIS TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM
SEATING IS PERMANENTLY AFFIXED TO THE  FLOOR  AND  AT  LEAST  SIXTY-FIVE
PERCENT  OF  THE  MOTION  PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE
COMBINED RESULT OF ADMISSION REVENUE FOR THE SHOWING OF MOTION  PICTURES
AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 64-e to read as follows:
  S 64-E. LICENSE TO SELL BEER AND WINE AT RETAIL FOR CONSUMPTION ON THE
PREMISES IN A MOTION PICTURE THEATRE. 1. ANY PERSON MAY MAKE AN APPLICA-
TION TO THE STATE LIQUOR AUTHORITY FOR A LICENSE  TO  SELL  BEER,  WINE,
WINE  PRODUCTS  AND CIDER AT RETAIL FOR CONSUMPTION ON THE PREMISES IN A
MOTION PICTURE THEATRE AS DEFINED IN  SUBDIVISION  TWENTY-F  OF  SECTION
THREE  OF  THIS  CHAPTER.   FOR THE PURPOSES OF THIS SECTION, "ALCOHOLIC
BEVERAGES" SHALL MEAN BEER, WINE, WINE PRODUCTS AND CIDER.
  2. A LICENSE UNDER THIS SECTION SHALL  BE  ISSUED  TO  ALL  APPLICANTS
EXCEPT FOR GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE EXISTS TO
DENY AN APPLICATION, THE AUTHORITY MAY CONSIDER:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01194-05-5

S. 3371--A                          2

  (A)  THE  HISTORY  OF BEER AND WINE VIOLATIONS AND DOCUMENTED CRIMINAL
ACTIVITY AT THE PROPOSED PREMISES CONNECTED WITH THE SALE  AND  CONSUMP-
TION OF ALCOHOLIC BEVERAGES;
  (B)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES FOR THE OPERATION
OF THE MOTION PICTURE THEATRE AND SALE OF ALCOHOLIC BEVERAGES;
  (C) THE AGGREGATE NUMBER OF SEATS IN THE MOTION PICTURE THEATRE;
  (D) THE APPLICANT'S PROPOSED METHOD OF OPERATION AND ALCOHOLIC  BEVER-
AGE CONTROL PLAN;
  (E)  OBJECTIONS FROM THE LOCAL MUNICIPALITY BASED ON EVIDENCE OF NEGA-
TIVE IMPACTS TO THE SURROUNDING COMMUNITY;
  (F) ANY OTHER FACTORS, IN THE JUDGMENT OF THE  AUTHORITY,  THAT  WOULD
CREATE A RISK IN THE ORDERLY ENFORCEMENT OF THIS CHAPTER; AND
  (G) ANY OTHER FACTORS, SUCH AS THE CHARACTER AND FITNESS OF THE APPLI-
CANT  TO  HOLD  A  LICENSE,  THAT ARE RELEVANT TO DETERMINE WHETHER GOOD
CAUSE EXISTS TO DENY THE APPLICATION.
  3. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
INFORMATION  AS  SHALL  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT  REQUIRED  BY
THIS ARTICLE FOR SUCH LICENSE.
  4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE TO THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
  5.  A  LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
CONDITIONS SET FORTH BELOW.  FAILURE TO COMPLY WITH ANY OF THESE  CONDI-
TIONS  SHALL,  CONSTITUTE  GROUNDS  FOR  THE SUSPENSION, CANCELLATION OR
REVOCATION OF THE LICENSE, AND/OR THE IMPOSITION OF A CIVIL PENALTY  AND
THE  RECOVERY  OF THE PENAL SUM OF THE BOND ON FILE DURING THE PERIOD OF
THE VIOLATION.
  (A) A LICENSEE SHALL NOT SELL OR SERVE AN ALCOHOLIC  BEVERAGE  TO  ANY
PERSON  THAT  DOES  NOT  DEMONSTRATE  THAT  THEY  ARE  OVER  THE  AGE OF
TWENTY-ONE AS EVIDENCED BY THE PRESENTATION OF A VALID  FORM  OF  PHOTO-
GRAPHIC  IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAP-
TER;
  (B) NO MORE THAN ONE ALCOHOLIC BEVERAGE SHALL BE SOLD OR SERVED TO ANY
ONE PERSON DURING ANY ONE TRANSACTION;
  (C) SUBJECT TO THE PROVISIONS SET FORTH IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED SIX OF THIS CHAPTER, THE LICENSEE SHALL ONLY SELL  OR  SERVE
ALCOHOLIC BEVERAGES FOR THE PERIOD BEGINNING ONE HOUR PRIOR TO THE FIRST
MOTION PICTURE VIEWING AND ENDING UPON THE CONCLUSION OF THE LAST MOTION
PICTURE VIEWING; AND
  (D) THE LICENSEE MUST MAKE AVAILABLE TO ITS PATRONS FOOD THAT IS TYPI-
CALLY  FOUND  IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO:
POPCORN, CANDY, AND LIGHT SNACKS.
  6. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE ISSUANCE OF  A
LICENSE  PURSUANT  TO  SECTION  SIXTY-FOUR  OF  THIS SECTION TO A MOTION
PICTURE THEATRE OR OTHER VENUE THAT SHOWS MOTION PICTURES THAT MEETS THE
DEFINITION OF A RESTAURANT SET  FORTH  IN  SUBDIVISION  TWENTY-SEVEN  OF
SECTION  THREE  OF  THIS  CHAPTER  AND WHERE ALL SEATING IS AT TABLES OR
SEATSIDE TABLES WHERE MEALS ARE SERVED.
  7. NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION 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  THREE  OR  MORE  EXISTING  PREMISES

S. 3371--A                          3

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.
  8. (A) THE MEASUREMENTS IN SUBDIVISION SEVEN OF THIS SECTION 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, 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, 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  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,  SIXTY-FOUR-A,  SIXTY-FOUR-B,   SIXTY-FOUR-C,
AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT WHICH A LICENSE UNDER THIS CHAP-
TER  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.
  (B)  FOR  THE  PURPOSES 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".
  (C) FOR THE PURPOSES 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

S. 3371--A                          4

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 BENEFITING THE NOT-FOR-PROFIT RELIGIOUS  ORGANIZATION  WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS 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 ADDITION, 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 "EXCLU-
SIVELY"  OCCUPIED  AS  A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT RELI-
GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
  9. NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION
SEVEN  OF  THIS  SECTION,  THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO
THIS SECTION FOR A PREMISES WHICH SHALL BE 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  CONSULTA-
TION WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETERMINES THAT GRANT-
ING 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 RESCHED-
ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, 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 MUNI-
CIPALITY 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  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.

S. 3371--A                          5

  S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended by chapter 355 of the laws of 2013, is amended to read
as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, SIXTY-FOUR-E, seventy-six-f, seventy-nine, eighty-one  and
eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections fifty-three,
seventy-six, seventy-six-a, and seventy-eight of this chapter,  provided
that  the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of  this
chapter  during the course of the sale of beer at retail to a person for
consumption at home, and the sum of  one  hundred  thousand  dollars  as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
shall be in addition to and  separate  and  apart  from  the  terms  and
provisions  of  the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion remains unpaid, in whole or in  part,  more  than  forty-five  days
after  written  demand  for payment has been sent by first class mail to
the address of the licensed premises,  a  notice  of  impending  default
judgment  shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address  of  the  person  who
signed  the  most  recent license application.   The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
amount  of  the  civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the  notice;  (e)  the  violations  for
which  the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any  other
place  provided for the entry of civil judgments within the state of New
York unless the division receives full payment of  all  civil  penalties
due  within  twenty  days of the date of the notice of impending default
judgment. If full payment shall not have been received by  the  division
within  thirty  days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A

S. 3371--A                          6

judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  S  4.  Subdivision  3  of section 55 of the alcoholic beverage control
law, as amended by chapter 531 of the laws of 1964, is amended  to  read
as follows:
  3.  No  such  license  shall be issued, however, to any person for any
premises other than premises for which a license  may  be  issued  under
section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E of this chapter or
a hotel or premises which are kept, used, maintained, advertised or held
out  to  the  public to be a place where food is prepared and served for
consumption on the premises in such quantities as to satisfy the  liquor
authority  that  the  sale of beer intended is incidental to and not the
prime source of revenue from the operation of such premises. The forego-
ing provisions of this subdivision  shall  not  apply  to  any  premises
located  at,  in,  or  on the area leased by the city of New York to New
York World's Fair 1964 Corporation pursuant to the provisions of chapter
four hundred twenty-eight of the laws  of  nineteen  hundred  sixty,  as
amended  by  a chapter of the laws of nineteen hundred sixty-one, during
the term or duration of such lease. Such license may also  include  such
suitable  space outside of the licensed premises and adjoining it as may
be approved by the liquor authority.
  S 5. Subdivisions 1 and 2 of section 56-a of  the  alcoholic  beverage
control  law,  as amended by chapter 384 of the laws of 2013, is amended
to read as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
each  initial application for a license filed pursuant to section sixty-
three, sixty-four, sixty-four-a  or  sixty-four-b  of  this  chapter,  a
filing  fee  of two hundred dollars; with each initial application for a
license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
fifty-five-a, SIXTY-FOUR-E, seventy-nine, eighty-one or eighty-one-a  of
this  chapter,  a  filing  fee of one hundred dollars; with each initial
application for a permit filed pursuant to section  ninety-one,  ninety-
one-a,  ninety-two,  ninety-two-a, ninety-three, ninety-three-a, if such
permit is to be issued on a calendar year  basis,  ninety-four,  ninety-
five,  ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or j
of subdivision one of section ninety-nine-b  of  this  chapter  if  such
permit  is  to  be issued on a calendar year basis, or for an additional
bar pursuant to subdivision four of section one hundred of this chapter,
a filing fee of twenty dollars; and with each application for  a  permit
under  section ninety-three-a of this chapter, other than a permit to be
issued on a calendar year  basis,  section  ninety-seven,  ninety-eight,
ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
issued  pursuant to paragraph b, c, e or j of subdivision one of section
ninety-nine-b of this chapter on a calendar year basis, a filing fee  of
ten dollars.
  2.  In addition to the annual fees provided for in this chapter, there
shall be paid to the authority  with  each  renewal  application  for  a
license  filed  pursuant to section fifty-one, fifty-one-a, fifty-three,
fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or  seven-
ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal application for a license filed pursuant to section sixty-three,
sixty-four,  sixty-four-a  or sixty-four-b of this chapter, a filing fee

S. 3371--A                          7

of ninety dollars; with each renewal application  for  a  license  filed
pursuant  to  section  seventy-nine,  eighty-one or eighty-one-a of this
chapter, a filing fee of twenty-five  dollars;  and  with  each  renewal
application  for  a  license  or permit filed pursuant to section fifty-
three-a, fifty-four, fifty-five, fifty-five-a, SIXTY-FOUR-E, ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is issued on a calendar  year  basis,  ninety-four,  ninety-
five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
sions b, c, e or j of section ninety-nine-b, if such permit is issued on
a  calendar  year  basis,  or with each renewal application for an addi-
tional bar pursuant to subdivision four of section one hundred  of  this
chapter, a filing fee of thirty dollars.
  S  6.  Paragraph  (b)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (b)  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  this  section  and  sections
sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR
SIXTY-FOUR-E of this article;
  S  7.  Paragraph  (c)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
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, AND/OR SIXTY-FOUR-E of  this  arti-
cle; 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 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,  AND/OR  SIXTY-FOUR-E  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 to a person using the permanent cater-
ing 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 author-
ize 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

S. 3371--A                          8

location is not within a closer distance to such school,  church,  syna-
gogue or other place of worship.
  S  8.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (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-a,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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 attend-
ing  the  place  of  worship,  and  to patrons or guests of the premises
licensed  and  operating  pursuant  to   this   section   and   sections
sixty-four-a,  sixty-four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR
SIXTY-FOUR-E 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-a,  sixty-
four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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".
  S 9. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion,  the  authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises  licensed  and  operating  pursuant  to  this  section  and
sections     sixty-four-a,    sixty-four-b,    sixty-four-c,    [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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 resched-
uled, 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 muni-
cipality 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

S. 3371--A                          9

license upon the grounds that such premises are 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-a,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
of this article.
  S 10. Paragraph (a) of subdivision 7 of section 64-a of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (a) No special on-premises license shall be granted for  any  premises
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 this section and sections sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
of this article;
  (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 of each  such  premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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 three or more existing premises licensed and
operating   pursuant   to   this   section   and   sections  sixty-four,
sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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.
  S  11. Paragraph (b) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (b)  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-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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

S. 3371--A                         10

pursuant to this section and sections sixty-four,  sixty-four-b,  sixty-
four-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
the premises sought to be licensed 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".
  S  12. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four, sixty-four-b, sixty-four-c, [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E 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. 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.  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  munici-
pality  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 resched-
uled, adjourned or continued public meeting.  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
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
of this article.
  S 13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b  of
the  alcoholic  beverage control law, paragraph (a) as amended and para-
graph (b) as added by chapter 463 of the laws of 2009 and paragraph  (c)
as  amended  by  chapter 185 of the laws of 2012, are amended to read as
follows:
  (a) No bottle club license shall be granted  for  any  premises  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

S. 3371--A                         11

  (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 this section and sections sixty-four,
sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
of this article;
  (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 of each  such  premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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 three or more existing premises licensed and
operating   pursuant   to   this   section   and   sections  sixty-four,
sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
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.
  (b)  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-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E 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-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
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-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
the premises sought to be licensed 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)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be 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-c, [and/or]
sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation

S. 3371--A                         12

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 resched-
uled, 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 muni-
cipality 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  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-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
article.
  S 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
beverage  control  law,  as added by chapter 366 of the laws of 2012, is
amended to read as follows:
  (a) For purposes of sections one hundred one and one  hundred  six  of
this  chapter,  a  person  licensed under this section shall be deemed a
"retailer" as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a  person
licensed under this section may also be licensed (or interested directly
or  indirectly  in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a,  fifty-five,
fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
sixty-four,  sixty-four-a,   sixty-four-b   [and],   sixty-four-d,   AND
SIXTY-FOUR-E of this article.
  S 15. Subdivision 11 of section 64-c of the alcoholic beverage control
law,  as amended by chapter 463 of the laws of 2009 and paragraph (c) as
amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
follows:
  11. (a) No restaurant-brewer license shall be granted for any premises
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  or
sections  sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
AND SIXTY-FOUR-E of this article; or
  (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

S. 3371--A                         13

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  [and/or], sixty-four-d, AND SIXTY-FOUR-E 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 three or more existing premises licensed and oper-
ating pursuant to this section and  sections  sixty-four,  sixty-four-a,
sixty-four-b  [and/or],  sixty-four-d, AND SIXTY-FOUR-E 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.
  (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   this   section   and   sections  sixty-four,
sixty-four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  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 [and/or], sixty-four-d, AND  SIXTY-FOUR-E  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
[and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this article 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 hard-
ware, or which is used solely as an emergency or fire exit, or for main-
tenance 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 for a premises which shall be 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  [and/or],
sixty-four-d, AND/OR SIXTY-FOUR-E 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  resched-
uled,  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

S. 3371--A                         14

rescheduled, adjourned or continued public meeting. Notice to the  muni-
cipality  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 a building or buildings wherein three or more premises are  operating
and  licensed  pursuant  to  this section or sections sixty-four, sixty-
four-a, sixty-four-b [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this
article.
  S 16. Subdivision 8 of section 64-d of the alcoholic beverage  control
law,  as amended by chapter 463 of the laws of 2009 and paragraph (e) as
amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
follows:
  8.  No  cabaret  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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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  oper-
ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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, [and/or]
sixty-four-c AND/OR SIXTY-FOUR-E 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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this

S. 3371--A                         15

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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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,
[and/or]  sixty-four-c  AND/OR SIXTY-FOUR-E of this article or the prem-
ises 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 thorough-
fare.  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  subdivi-
sion,  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, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E 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  munici-
pality  or community board of any such rescheduled, adjourned or contin-
ued 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  sched-
uled  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, [and/or] sixty-four-c
AND/OR SIXTY-FOUR-E 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

S. 3371--A                         16

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 organization which
conducts services at the place of worship or other not-for-profit organ-
izations or groups; the use of the building by other religious organiza-
tions 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 includ-
ing, 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  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
payment  of  funds to defray costs related to another party's use of the
building.
  S 17. Subdivision 4 of section 66 of the  alcoholic  beverage  control
law,  as  amended  by  section  3 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
  4. The annual fee  for  a  license,  under  section  sixty-four  [or],
sixty-four-a[,]  OR SIXTY-FOUR-E to sell liquor at retail to be consumed
on the premises where  sold  shall  be  twenty-one  hundred  seventy-six
dollars  in  the  counties of New York, Kings, Bronx and Queens; fifteen
hundred thirty-six dollars in the  county  of  Richmond  and  in  cities
having  a population of more than one hundred thousand and less than one
million; twelve hundred sixteen dollars in cities having a population of
more than fifty thousand and less than one hundred thousand; and the sum
of eight hundred ninety-six dollars elsewhere; except that  the  license
fees  for  catering  establishments  shall be two-thirds the license fee
specified herein and for clubs, except luncheon clubs  and  golf  clubs,
shall  be  seven  hundred  fifty dollars in counties of New York, Kings,
Bronx and Queens; five hundred dollars in the county of Richmond and  in
cities  having  a  population of more than one hundred thousand and less
than one million; three hundred fifty dollars in cities having  a  popu-
lation  of  more than fifty thousand and less than one hundred thousand;
and the sum of two hundred fifty dollars elsewhere. The annual fees  for
luncheon clubs shall be three hundred seventy-five dollars, and for golf
clubs  in  the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
mond and Westchester, two  hundred  fifty  dollars,  and  elsewhere  one
hundred eighty-seven dollars and fifty cents.  Notwithstanding any other
provision  of  law  to  the contrary, there shall be no annual fee for a
license, under section sixty-four,  to  sell  liquor  at  retail  to  be
consumed  on  the premises where the applicant is an organization organ-
ized under section two hundred sixty of the military  law  and  incorpo-
rated  pursuant to the not-for-profit corporation law.  Provided, howev-
er, that where any premises for which a license is  issued  pursuant  to
section  sixty-four  [or],  sixty-four-a OR SIXTY-FOUR-E of this article
remain open only within the period commencing  April  first  and  ending

S. 3371--A                         17

October thirty-first of any one year, or only within the period commenc-
ing  October  first and ending the following April thirtieth, the liquor
authority may, in its discretion,  grant  a  summer  or  winter  license
effective  only for such appropriate period of time, for which a license
fee shall be paid to be pro-rated for the period for which such  license
is  effective,  at the rate provided for in the city, town or village in
which such premises are located, except that no such license  fee  shall
be  less  than  one-half  of  the  regular  annual license fee; provided
further that where the premises to be licensed are a  race  track  or  a
golf  course or are licensed pursuant to section sixty-four [or], sixty-
four-a, OR SIXTY-FOUR-E of this  chapter,  the  period  of  such  summer
license may commence March first and end November thirtieth.
  Where  a  hotel,  restaurant,  club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the  authori-
ty,  such fact alone shall not affect the eligibility of the premises or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S 18. Paragraph a of subdivision 4 of section 81-a  of  the  alcoholic
beverage  control  law,  as added by chapter 666 of the laws of 1987, is
amended to read as follows:
  a. No such license shall be issued to  any  person  for  any  premises
other  than  premises  for  which  a license may be issued under section
sixty-four OR SIXTY-FOUR-E of this chapter or a hotel or premises  which
are kept, used, maintained, advertised or held out to the public to be a
place  where food is prepared and served for consumption on the premises
in such quantities as to satisfy the liquor authority that the  sale  of
wine  intended is incidental to and not the prime source of revenue from
the operation of such premises. Such license may also include such suit-
able space outside the licensed premises and  adjoining  it  as  may  be
approved by the liquor authority.
  S  19.  Subdivision 7 of section 100 of the alcoholic beverage control
law, as added by chapter 256 of the laws of 1978, is amended to read  as
follows:
  7.  Within  ten  days after filing a new application to sell liquor at
retail under section sixty-three, sixty-four, sixty-four-a [or],  sixty-
four-b  OR  SIXTY-FOUR-E  of this chapter, a notice thereof, in the form
prescribed by the authority, shall be  posted  by  the  applicant  in  a
conspicuous  place  at the entrance to the proposed premises. The appli-
cant shall make reasonable efforts to insure such  notice  shall  remain
posted throughout the pendency of the application. The provisions hereof
shall  apply  only  where  no  retail liquor license has previously been
granted for the proposed premise and shall, specifically, not be  appli-
cable  to  a proposed sale of an existing business engaged in the retail
sale of liquor. The authority may adopt such rules it may deem necessary
to carry out the purpose of this subdivision.
  S 20. The closing paragraph of subdivision 2 of  section  102  of  the
alcoholic  beverage  control  law,  as  added by section 1 of part OO of
chapter 56 of the laws of 2010, is amended to read as follows:
  As used in this subdivision, "recreational facility" shall  mean:  (i)
premises  that  are  part  of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis,  swim-
ming,  skiing or boating; and (ii) premises in which the principal busi-
ness shall be the  operation  of  a  theatre,  MOTION  PICTURE  THEATRE,
concert  hall,  opera house, bowling establishment, excursion and sight-
seeing vessel, or accommodation of  athletic  events,  sporting  events,

S. 3371--A                         18

expositions and other similar events or occasions requiring the accommo-
dation of large gatherings of persons.
  S 21. Subdivision 1 of section 110-a of the alcoholic beverage control
law,  as  added by chapter 77 of the laws of 1999, is amended to read as
follows:
  1. Every person applying for a license  to  sell  alcoholic  beverages
pursuant  to  subdivision  four  of section fifty-one, or section fifty-
five, sixty-four, sixty-four-a, sixty-four-c,  SIXTY-FOUR-E,  eighty-one
or eighty-one-a of this chapter shall publish notice thereof pursuant to
subdivision two of this section.
  S 22. Subdivision 1 of section 110-b of the alcoholic beverage control
law,  as  amended by chapter 560 of the laws of 2011, is amended to read
as follows:
  1. Not less than thirty days before filing any of the following appli-
cations, an applicant shall notify the municipality in which  the  prem-
ises is located of such applicant's intent to file such an application:
  (a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,  sixty-four-d,
SIXTY-FOUR-E, eighty-one or eighty-one-a of this chapter;
  (b) for a renewal under section one hundred nine of this chapter of  a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E, eighty-one or
eighty-one-a of this chapter if the premises is located within the  city
of New York;
  (c)  for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within  the  city  of  New  York  and
licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-E,  eighty-one  or
eighty-one-a of this chapter; or
  (d) for approval of a substantial corporate change under section nine-
ty-nine-d  of this chapter if the premises is located within the city of
New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E,
eighty-one or eighty-one-a of this chapter.
  S 23. Section 67 of the alcoholic beverage control law, as amended  by
section  4  of  part  Z of chapter 85 of the laws of 2002, is amended to
read as follows:
  S 67. License fees, duration  of  licenses;  fee  for  part  of  year.
Effective  April  first,  nineteen hundred eighty-three, licenses issued
pursuant to  sections  sixty-one,  sixty-two,  sixty-three,  sixty-four,
sixty-four-a  [and], sixty-four-b AND SIXTY-FOUR-E of this article shall
be effective for three years at three  times  that  annual  fee,  except
that, in implementing the purposes of this section, the liquor authority
shall  schedule  the  commencement  dates, duration and expiration dates
thereof to provide for an equal cycle of license renewals  issued  under
each  such  section  through  the  course  of the fiscal year. Effective
December first, nineteen hundred ninety-eight, licenses issued  pursuant
to   sections   sixty-four,   sixty-four-a   [and],   sixty-four-b   AND
SIXTY-FOUR-E of this article shall be effective for  two  years  at  two
times that annual fee, except that, in implementing the purposes of this
section,  the  liquor  authority  shall schedule the commencement dates,
duration and expiration dates thereof to provide for an equal  cycle  of
license  renewals  issued  under each such section through the course of
the fiscal year. Notwithstanding the foregoing, commencing  on  December
first,  nineteen  hundred  ninety-eight  and  concluding on July thirty-
first, two thousand two, a licensee issued a license pursuant to section

S. 3371--A                         19

sixty-four, sixty-four-a [or],  sixty-four-b  OR  SIXTY-FOUR-E  of  this
article  may  elect  to  remit  the fee for such license in equal annual
installments. Such installments shall be due on dates established by the
liquor  authority  and  the  failure of a licensee to have remitted such
annual installments after a due date shall be a violation of this  chap-
ter.  For licenses issued for less than the three-year licensing period,
the license fee shall be levied on a pro-rated basis. The entire license
fee shall be due and payable at the  time  of  application.  The  liquor
authority  may  make such rules as shall be appropriate to carry out the
purpose of this section.
  S 24. This act shall take effect immediately, provided, however,  that
the  amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section three of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.

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Senate Bill S3371A

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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