NY State Senate Bill 2023-S8141A

Senate Bill S8141A

Signed By Governor

2023-2024 Legislative Session

Relates to a license to sell liquor at retail for consumption on certain premises

download bill text pdf

Current Bill Status Via A9032 - Signed by Governor

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
Aug 28, 2024	signed chap.239
Aug 20, 2024	delivered to governor
Jun 03, 2024	returned to assembly passed senate 3rd reading cal.1413 substituted for s8141a
Jun 03, 2024	substituted by a9032a
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1413
Apr 17, 2024	print number 8141a
Apr 17, 2024	amend (t) and recommit to investigations and government operations
Jan 09, 2024	referred to investigations and government operations

Votes

- Jun 3, 2024 - Floor Vote
  A9032
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Martinez
      
      excused (2)
      
      Brouk
      
      Walczyk
  May 21, 2024 - Investigations And Government Operations Committee Vote
  S8141A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 21, 2024
      
      aye (6)
      
      Fernandez
      
      Gounardes
      
      Hoylman-Sigal
      
      Palumbo
      
      Sepúlveda
      
      Skoufis
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S8141 - Details

See Assembly Version of this Bill:: A9032
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2023-S8141 - Summary

Relates to a license to sell liquor at retail for consumption on certain premises in the Town and Village of Mount Kisco, County of Westchester.

2023-S8141 - Sponsor Memo

                                 
BILL NUMBER: S8141

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

Clarifies the method of measurement for the purposes of restrictions on
the granting of retail licenses for on-premises consumption of liquor.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (c) of subdivision 7 of section 64 of the
alcoholic beverage control law, as amended by chapter 463 of the laws of
2009, which requires 200 feet between the entrance of any premises seek-
ing a serve alcohol and the entrance of any school or place of worship,
by clarifying where to measure from when the entrance of the school or
place of worship is set back from the sidewalk by a walkway or doorway.

Section 2 states the effective date and requires any rule or regulation
necessary for the implementation of this law be added, amended, or
repealed on or before the effective date.

 
JUSTIFICATION:

Governance is the fulcrum on which a variety of societal needs and
interests are carefully balanced. Maintaining that balance, however,
requires occasional re-calibration when previous attempts have been
discovered to be miscalculated. Such is the present scenario with the
"200 ft." rule. To protect the welfare, privacy, and integrity of
schools and places of worship, the law requires 200 linear feet between
the entrances of those establishments and the entrance of any premises
serving alcohol.

Under the present Alcoholic Beverage Control Law, the "entrance" of a
school or place of worship is measured from the sidewalk edge of its
property rather than the doorway where children or worshipers enter the
building. Thus, a restaurant or bar with an entrance 250 feet from the
main doorway of a school or place of worship is prevented from serving
alcoholic beverages if the school or place of worship has a lawn, park-
ing lot, or walkway 51 feet or greater, despite the patrons of both
being more than 200 feet apart.

This legislation aims to rectify the balance of societal needs and
interests by clarifying the method for which 200 linear feet is meas-
ured: from main doorway entrance, to main doorway entrance.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2023-S8141 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8141
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13928-01-3
 S. 8141                             2
 
 that no license shall be denied to any premises, which  is  within  five
 hundred  feet  of three or more existing premises licensed and operating
 pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
 sixty-four-c,  and/or  sixty-four-d  of this article, at which a license
 under this chapter has been in existence continuously  on  or  prior  to
 November  first,  nineteen  hundred  ninety-three;  and except that this
 subdivision shall not be deemed to restrict  the  issuance  of  a  hotel
 liquor  license  to a building used as a hotel and in which a restaurant
 liquor license currently exists for premises which  serve  as  a  dining
 room  for  guests of the hotel and a caterer's license 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.

2023-S8141A (ACTIVE) - Details

See Assembly Version of this Bill:: A9032
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2023-S8141A (ACTIVE) - Summary

Relates to a license to sell liquor at retail for consumption on certain premises in the Town and Village of Mount Kisco, County of Westchester.

2023-S8141A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8141A

SPONSOR: HARCKHAM
 
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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow for an establishment on East Main
Street in the town of Mount Kisco to be able to obtain a retail license
for on-premises consumption even though it is located within two hundred
feet of a building occupied as a school or place of worship.


 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 7 of section 64 of the alco-
holic beverage control law by adding a new paragraph (e-16) to authorize
the State Liquor Authority to issue a retail liceense fora on-premise on
premises consumption for a premises which shall be located within two

hundred feet of a building occupied by a school, church, synagogue or
other place of worship, provided such premises constitute a premises
located within the Town and Village of Mount Kisco, County of Westches-
ter. Section 1 also describes the bounds of said property.

Section 2 states the effective date.

 
JUSTIFICATION:

Subdivision 7 of Section 64 of Alcoholic Beverage Control Law states:
"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."

It is appropriate that 159 East Main Street be granted an exemption to
the "200 Foot Rule", which will allow a restauraunt to thrive in this
location.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
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.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
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.

2023-S8141A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8141--A
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  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 a
   license to sell liquor at retail for consumption on certain premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  7  of section 64 of the alcoholic beverage
 control law is amended by adding a new paragraph  (e-16)  to  read    as
 follows:
   (E-16)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION OR PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE
 OF THIS CHAPTER, THE AUTHORITY MAY ISSUE RETAIL LICENSES FOR A  PREMISES
 WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVE-
 LY  AS  A  SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED
 SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD  OR  BEVERAGES
 WITHIN  THE  TOWN  AND VILLAGE OF MOUNT KISCO, COUNTY OF WESTCHESTER AND
 STATE OF NEW YORK AT RETAIL LOCATED WHOLLY WITHIN THE BOUNDARIES OF  THE
 BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT ON THE EASTERLY SIDE OF EAST MAIN STREET WHERE
 THE SAME IS INTERSECTED BY THE DIVISION LINE BETWEEN THE PREMISES  HERE-
 INAFTER  DESCRIBED AND LAND NOW OR FORMERLY OF THRESA GONZALES, JOAN AND
 PETER DIPAOLO,
   RUNNING THENCE ALONG SAID DIVISION LINE, NORTH 87 DEGREES  4'20"  EAST
 157.41  FEET  TO A POINT ON THE WESTERLY SIDE OF LAND NOW OR FORMERLY OF
 RILMA CABREBRA,
   THENCE ALONG SAME, SOUTH 3 DEGREES 5'20" WEST 69.16 FEET, AND SOUTH  3
 DEGREES  42'20" WEST 32.92 FEET TO A POINT ON THE NORTHERLY SIDE OF LAND
 NOW OR FORMERLY OF MAIN STREET PRIME PROPERTIES;
   THENCE ALONG THE SAME, SOUTH 60 DEGREES 31'10" WEST 60.41  FEET  TO  A
 POINT  ON  THE  EASTERLY SIDE OF LAND NOW OR FORMERLY OF 159TH EAST MAIN
 STREET ASSOCIATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13928-03-4

 S. 8141--A                          2
 
   THENCE ALONG THE EASTERLY AND NORTHERLY SIDES OF SAID  LAST  MENTIONED
 LAND,  NORTH 29 DEGREES 28'50" WEST 25 FEET, AND SOUTH 60 DEGREES 31'10"
 WEST 67.58 FEET TO THE EASTERLY SIDE OF MAIN STREET;
   THENCE ALONG THE SAME THE FOLLOWING COURSES AND DISTANCES,
   NORTHERLY  ON  A CURVE TO THE RIGHT, HAVING A RADIUS OF 252.58 FEET, A
 DISTANCE OF 0.48 FEET, AND NORTHERLY ON A CURVE TO THE RIGHT,  HAVING  A
 RADIUS OF 350 FEET, A DISTANCE OF 82.81 FEET, AND NORTH 7 DEGREES 26'40"
 WEST 55.01 FEET TO THE POINT OF BEGINNING.
   §  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.

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