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