S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9032
 
                           I N  A S S E M B L Y
 
                             February 5, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in relation to clar-
   ifying the method of measurement for the purposes of  restrictions  on
   the granting of retail licenses for on-premises consumption of liquor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 7 of section 64 of  the  alco-
 holic  beverage  control  law,  as amended by chapter 463 of the laws of
 2009, is amended to read as follows:
   (c) the measurements in paragraphs (a) and (b) of this subdivision are
 to be taken in straight lines from the center of the nearest entrance of
 the premises sought to be licensed to the center of the nearest entrance
 of such school, church, synagogue or other place of worship  or  to  the
 center  of the nearest entrance of each such premises licensed and oper-
 ating pursuant to this section and sections sixty-four-a,  sixty-four-b,
 sixty-four-c,  and/or  sixty-four-d  of this article, IF THE ENTRANCE IS
 SET BACK FROM THE SIDEWALK BY A WALKWAY  OR  DOORWAY,  THE  MEASUREMENTS
 SHALL BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE
 OF  THE PREMISES SOUGHT TO BE LICENSED TO THE POINT DIRECTLY ADJACENT 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-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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13928-01-3
 A. 9032                             2
 
 hundred  feet  of three or more existing premises licensed and operating
 pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
 sixty-four-c,  and/or  sixty-four-d  of this article, at which a license
 under  this  chapter  has  been in existence continuously on or prior to
 November first, nineteen hundred  ninety-three;  and  except  that  this
 subdivision  shall  not  be  deemed  to restrict the issuance of a hotel
 liquor license to a building used as a hotel and in which  a  restaurant
 liquor  license  currently  exists  for premises which serve as a dining
 room for guests of the hotel and a caterer's license to a  person  using
 the  permanent catering facilities of a church, synagogue or other place
 of worship pursuant to a written agreement between such person  and  the
 authorities  in  charge of such facilities. The liquor authority, in its
 discretion, may authorize the removal of any such licensed premises to a
 different location on the same street or avenue, within two hundred feet
 of said school, church, synagogue or other place  of  worship,  provided
 that  such  new location is not within a closer distance to such school,
 church, synagogue or other place of worship.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.