BILL NUMBER: S8225

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to a
license to sell liquor at retail for consumption on certain premises

 
PURPOSE:

This bill will allow for a restaurant, 33 Lafayette, LLC, to obtain a
full liquor license. The bill will amend the ABC 200-foot Law which will
authorize the issuing of a retail liquor license to a business in the
County of Kings, Fort Greene that is within a two-hundred-foot proximity
of a religious teaching institution.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 7 of section 64 of the alcoholic beverage control
law is amended by adding a new paragraph (e-12) to read as follows:
(e-12)Notwithstanding the provisions of paragraph(a)of this subdivision,
              

the authority may issue a retail license for on-premises consumption for
a premises which shall be located within two hundred feet of a building
occupied as a church, synagogue or other place of worship, provided such
premises constitute a premises for the sale of food or beverages at
retail for consumption on the premises located wholly within the bounda-
ries of the Borough of Brooklyn, county of Kings, bounded and described
as follows:

ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New York, bounded and
described as follows: BEGINNING at a point on the northerly side of
Lafayette Avenue, distant 43 feet westerly from the corner formed by the
intersection of The northerly side of Lafayette Avenue with the westerly
side of St. Felix Street, which point is opposite the center line of a
party wall on the premises herein described and the premises adjoining
on the east;

RUNNING THENCE westerly along the northerly side of Lafayette Avenue, 21
feet 6 inches to a point opposite the center line of another party wall
on the premises herein described and premises adjoining on the west;

THENCE northerly parallel with the westerly side of St. Felix Street,
and part of the distance through a party wail, 100 feet to a point
distant 63 feet westerly (deed) 64 feet 6 inches (tax map) from the
westerly side of St. Felix Street measuring along a line drawn at right
angles thereto from a point thereon distant 100 feet northerly from the
corner formed by the intersection of the northerly side of Lafayette
Avenue with the westerly side of St. Felix Street;

THENCE easterly parallel with the northerly side of Lafayette Avenue and
at right angles to St. Felix Street, 21 feet 6 inches; THENCE southerly
parallel with St. Felix Street and part of the distance through a party
wall, 100 feet to the northerly side of Lafayette Avenue at the point or
place of BEGINNING

 
JUSTIFICATION:

Many urban communities across the State are facing an uphill battle when
it comes to maintaining, developing and restoring their historic down-
town areas. Many of these historic areas and districts have existing
infrastructures where schools, theatres, universities and churches are
in close proximity to various store fronts and restaurants. Fort Greene,
the neighborhood where 33 Wine Bar and Lounge Is located, is a destina-
tion for culture and entertainment.  This authentic Haitian establish-
ment has served as the cultural mecca for Haitian cuisine in downtown
Brooklyn. Because of the existing ABC 200-foot law, this establishment
has been restricted in fully serving its customers which makes it a
challenge to compete, thus impacting the future of business. BAM (Brook-
lyn Academy of Music), which is directly across the street from 33
Lafayette, was recently issued liquor license in the theatres. Further-
more, the religious institution which is within 200-feet, Hanson Seventh
Day Adventists Church and School, has expressed that they have no
objections to the request to apply for a full liquor license. The hours
of operation for this establishment will not interfere or overlap during
school hours. An exemption to the ABC 200-foot Law would allow 33 Lafay-
ette to operate with a full liquor license they will be able to meet the
needs of the growing Haitian community and attract more patrons to the
new cultural center of Brooklyn by offering traditional Haitian cuisines
that include various types of liquor as well as cultural alcohol bever-
ages such as the famous Kremas, a dessert drink made with Haitian Rum.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.