A 3712: Allows for retail license for on-premises consumption to be granted to establishments located 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 3712 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. RAGA -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to allowing for retail licenses for on-premises consumption to be granted to establishments located 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; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 64 of the alcoholic beverage 2 control law is REPEALED and a new subdivision 7 is added to read as 3 follows: 4 7. (a) No retail license for on-premises consumption shall be granted 5 for any premises which shall be in a city, town or village having a 6 population of twenty thousand or more within five hundred feet of three 7 or more existing premises licensed and operating pursuant to this 8 section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or 9 sixty-four-d of this article. 10 (b) The measurements in paragraph (a) of this subdivision are to be 11 taken in straight lines from the center of the nearest entrance of the 12 premises sought to be licensed to the center of the nearest entrance of 13 each such premises licensed and operating pursuant to this section and 14 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 15 of this article; except, however, that no renewal license shall be 16 denied because of such restriction to any premises so located which were 17 maintained as a bona fide hotel, restaurant, catering establishment or 18 club on or prior to December fifth, nineteen hundred thirty-three; and 19 except that no license shall be denied to any premises, which is within 20 five hundred feet of three or more existing premises licensed and oper- 21 ating pursuant to this section and sections sixty-four-a, sixty-four-b, 22 sixty-four-c, and/or sixty-four-d of this article, at which a license 23 under this chapter has been in existence continuously on or prior to 24 November first, nineteen hundred ninety-three; and except that this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04115-01-5 
 A. 3712 2 1 subdivision shall not be deemed to restrict the issuance of a hotel 2 liquor license to a building used as a hotel and in which a restaurant 3 liquor license currently exists for premises which serve as a dining 4 room for guests of the hotel. 5 (c) Within the context of this subdivision, the word "entrance" shall 6 mean a door of a premises licensed and operating pursuant to this 7 section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or 8 sixty-four-d of this article or of the premises sought to be licensed, 9 regularly used to give ingress to patrons or guests of the premises 10 licensed and operating pursuant to this section and sections 11 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 12 article or of the premises sought to be licensed, except that where 13 premises licensed and operating pursuant to this section and sections 14 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 15 article or the premises sought to be licensed is set back from a public 16 thoroughfare, the walkway or stairs leading to any such door shall be 17 deemed an entrance; and the measurement shall be taken to the center of 18 the walkway or stairs at the point where it meets the building line or 19 public thoroughfare. A door which has no exterior hardware, or which is 20 used solely as an emergency or fire exit, or for maintenance purposes, 21 or which leads directly to a part of a building not regularly used by 22 the general public or patrons, is not deemed an "entrance". 23 (d) Notwithstanding the provisions of paragraph (a) of this subdivi- 24 sion, the authority may issue a license pursuant to this section for a 25 premises which shall be within five hundred feet of three or more exist- 26 ing premises licensed and operating pursuant to this section and 27 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 28 of this article if, after consultation with the municipality or communi- 29 ty board, it determines that granting such license would be in the 30 public interest. Before it may issue any such license, the authority 31 shall conduct a hearing, upon notice to the applicant and the munici- 32 pality or community board, and shall state and file in its office its 33 reasons therefor. The hearing may be rescheduled, adjourned or contin- 34 ued, and the authority shall give notice to the applicant and the muni- 35 cipality or community board of any such rescheduled, adjourned or 36 continued hearing. Before the authority issues any said license, the 37 authority or one or more of the commissioners thereof may, in addition 38 to the hearing required by this paragraph, also conduct a public meeting 39 regarding said license, upon notice to the applicant and the munici- 40 pality or community board. The public meeting may be rescheduled, 41 adjourned or continued, and the authority shall give notice to the 42 applicant and the municipality or community board of any such resched- 43 uled, adjourned or continued public meeting. Notice to the municipality 44 or community board shall mean written notice mailed by the authority to 45 such municipality or community board at least fifteen days in advance of 46 any hearing scheduled pursuant to this paragraph. Upon the request of 47 the authority, any municipality or community board may waive the fifteen 48 day notice requirement. No premises having been granted a license pursu- 49 ant to this section shall be denied a renewal of such license upon the 50 grounds that such premises are within five hundred feet of a building or 51 buildings wherein three or more premises are licensed and operating 52 pursuant to this section and sections sixty-four-a, sixty-four-b, 53 sixty-four-c, and/or sixty-four-d of this article. 54 § 2. This act shall take effect immediately.