S 7003: Authorizes the state liquor authority to issue licenses to new premises for the sale of liquor where such premises is located within two hundred feet of a place of worship and such place of worship has given approval, or where three or more such premises exist in counties of a certain population.

  
  STATE OF NEW YORK ________________________________________________________________________ 7003 2025-2026 Regular Sessions  IN SENATE March 28, 2025 ___________ Introduced by Sen. SEPULVEDA -- 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 authorizing the liquor authority to issue licenses to new premises for the sale of liquor where such premises is within two hundred feet of a place of worship, or where three or more such premises already exist in counties of a certain population The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (f) of subdivision 7 of section 64 2 of the alcoholic beverage control law, paragraphs (a) and (b) as amended 3 by chapter 463 of the laws of 2009 and paragraph (f) as amended by chap- 4 ter 185 of the laws of 2012, are amended to read as follows: 5 (a) on the same street or avenue and within two hundred feet of a 6 building occupied exclusively as a school, church, synagogue or other 7 place of worship; provided, however, that the authority may issue a 8 retail license for on-premises consumption for a premises that is within 9 two hundred feet of a building occupied exclusively as a school, church, 10 synagogue or other place of worship if the owner or administrator of 11 such school, church, synagogue or other place of worship affirmatively 12 states support for the issuance of such a license; or 13 (b) in a [city, town or village having a population of twenty thousand 14 or more] county having a population between one million six hundred 15 thousand and one million seven hundred thousand as of the two thousand 16 twenty census as conducted by the United States department of commerce 17 within five hundred feet of three or more existing premises licensed and 18 operating pursuant to this section and sections sixty-four-a, sixty- 19 four-b, sixty-four-c, and/or sixty-four-d of this article; 20 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 21 sion, in a county having a population between one million six hundred EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08167-01-5 
 S. 7003 2 1 thousand and one million seven hundred thousand as of the two thousand 2 twenty census as conducted by the United States department of commerce, 3 the authority may issue a license pursuant to this section for a prem- 4 ises which shall be within five hundred feet of three or more existing 5 premises licensed and operating pursuant to this section and sections 6 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 7 article if, after consultation with the municipality or community board, 8 it determines that granting such license would be in the public inter- 9 est. Before it may issue any such license, the authority shall conduct a 10 hearing, upon notice to the applicant and the municipality or community 11 board, and shall state and file in its office its reasons therefor. The 12 hearing may be rescheduled, adjourned or continued, and the authority 13 shall give notice to the applicant and the municipality or community 14 board of any such rescheduled, adjourned or continued hearing. Before 15 the authority issues any said license, the authority or one or more of 16 the commissioners thereof may, in addition to the hearing required by 17 this paragraph, also conduct a public meeting regarding said license, 18 upon notice to the applicant and the municipality or community board. 19 The public meeting may be rescheduled, adjourned or continued, and the 20 authority shall give notice to the applicant and the municipality or 21 community board of any such rescheduled, adjourned or continued public 22 meeting. Notice to the municipality or community board shall mean writ- 23 ten notice mailed by the authority to such municipality or community 24 board at least fifteen days in advance of any hearing scheduled pursuant 25 to this paragraph. Upon the request of the authority, any municipality 26 or community board may waive the fifteen day notice requirement. No 27 premises having been granted a license pursuant to this section shall be 28 denied a renewal of such license upon the grounds that such premises are 29 within five hundred feet of a building or buildings wherein three or 30 more premises are licensed and operating pursuant to this section and 31 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 32 of this article. 33 § 2. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (d) of 34 subdivision 7 of section 64-a of the alcoholic beverage control law, 35 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 36 the laws of 2009 and paragraph (d) as amended by chapter 185 of the laws 37 of 2012, are amended to read as follows: 38 (i) on the same street or avenue and within two hundred feet of a 39 building occupied exclusively as a school, church, synagogue or other 40 place of worship; provided, however, that the authority may issue a 41 retail license for on-premises consumption for a premises that is within 42 two hundred feet of a building occupied exclusively as a school, church, 43 synagogue or other place of worship if the owner or administrator of 44 such school, church, synagogue or other place of worship affirmatively 45 states support for the issuance of such a license; or 46 (ii) in a [city, town or village having a population of twenty thou- 47 sand or more] county having a population between one million six hundred 48 thousand and one million seven hundred thousand as of the two thousand 49 twenty census as conducted by the United States department of commerce 50 within five hundred feet of three or more existing premises licensed and 51 operating pursuant to this section and sections sixty-four, 52 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 53 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 54 (a) of this subdivision, in a county having a population between one 55 million six hundred thousand and one million seven hundred thousand as 56 of the two thousand twenty census as conducted by the United States 
 S. 7003 3 1 department of commerce, the authority may issue a license pursuant to 2 this section for a premises which shall be within five hundred feet of 3 three or more existing premises licensed and operating pursuant to this 4 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 5 sixty-four-d of this article if, after consultation with the munici- 6 pality or community board, it determines that granting such license 7 would be in the public interest. Before it may issue any such license, 8 the authority shall conduct a hearing, upon notice to the applicant and 9 the municipality or community board, and shall state and file in its 10 office its reasons therefor. Notice to the municipality or community 11 board shall mean written notice mailed by the authority to such munici- 12 pality or community board at least fifteen days in advance of any hear- 13 ing scheduled pursuant to this paragraph. Upon the request of the 14 authority, any municipality or community board may waive the fifteen day 15 notice requirement. The hearing may be rescheduled, adjourned or contin- 16 ued, and the authority shall give notice to the applicant and the muni- 17 cipality or community board of any such rescheduled, adjourned or 18 continued hearing. Before the authority issues any said license, the 19 authority or one or more of the commissioners thereof may, in addition 20 to the hearing required by this paragraph, also conduct a public meeting 21 regarding said license, upon notice to the applicant and the munici- 22 pality or community board. The public meeting may be rescheduled, 23 adjourned or continued, and the authority shall give notice to the 24 applicant and the municipality or community board of any such resched- 25 uled, adjourned or continued public meeting. No premises having been 26 granted a license pursuant to this section shall be denied a renewal of 27 such license upon the grounds that such premises are within five hundred 28 feet of a building or buildings wherein three or more premises are 29 licensed and operating pursuant to this section and sections sixty-four, 30 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 31 § 3. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of 32 subdivision 5 of section 64-b of the alcoholic beverage control law, 33 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 34 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws 35 of 2012, are amended to read as follows: 36 (i) on the same street or avenue and within two hundred feet of a 37 building occupied exclusively as a school, church, synagogue or other 38 place of worship; provided, however, that the authority may issue a 39 retail license for on-premises consumption for a premises that is within 40 two hundred feet of a building occupied exclusively as a school, church, 41 synagogue or other place of worship if the owner or administrator of 42 such school, church, synagogue or other place of worship affirmatively 43 states support for the issuance of such a license; or 44 (ii) in a [city, town or village having a population of twenty thou- 45 sand or more] county having a population between one million six hundred 46 thousand and one million seven hundred thousand as of the two thousand 47 twenty census as conducted by the United States department of commerce 48 within five hundred feet of three or more existing premises licensed and 49 operating pursuant to this section and sections sixty-four, 50 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; 51 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 52 (a) of this subdivision, in a county having a population between one 53 million six hundred thousand and one million seven hundred thousand as 54 of the two thousand twenty census as conducted by the United States 55 department of commerce, the authority may issue a license pursuant to 56 this section for a premises which shall be within five hundred feet of 
 S. 7003 4 1 three or more existing premises licensed and operating pursuant to this 2 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 3 sixty-four-d of this article if, after consultation with the munici- 4 pality or community board, it determines that granting such license 5 would be in the public interest. Before it may issue any such license, 6 the authority shall conduct a hearing, upon notice to the applicant and 7 the municipality or community board, and shall state and file in its 8 office its reasons therefor. The hearing may be rescheduled, adjourned 9 or continued, and the authority shall give notice to the applicant and 10 the municipality or community board of any such rescheduled, adjourned 11 or continued hearing. Before the authority issues any said license, the 12 authority or one or more of the commissioners thereof may, in addition 13 to the hearing required by this paragraph, also conduct a public meeting 14 regarding said license, upon notice to the applicant and the munici- 15 pality or community board. The public meeting may be rescheduled, 16 adjourned or continued, and the authority shall give notice to the 17 applicant and the municipality or community board of any such resched- 18 uled, adjourned or continued public meeting. Notice to the municipality 19 or community board shall mean written notice mailed by the authority to 20 such municipality or community board at least fifteen days in advance of 21 any hearing scheduled pursuant to this paragraph. Upon the request of 22 the authority, any municipality or community board may waive the fifteen 23 day notice requirement. No premises having been granted a license pursu- 24 ant to this section shall be denied a renewal of such license upon the 25 grounds that such premises are within five hundred feet of a building or 26 buildings wherein three or more premises are licensed and operating 27 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 28 four-c, and/or sixty-four-d of this article. 29 § 4. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of 30 subdivision 11 of section 64-c of the alcoholic beverage control law, 31 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 32 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws 33 of 2012, are amended to read as follows: 34 (i) on the same street or avenue and within two hundred feet of a 35 building occupied exclusively as a school, church, synagogue or other 36 place of worship; provided, however, that the authority may issue a 37 retail license for on-premises consumption for a premises that is within 38 two hundred feet of a building occupied exclusively as a school, church, 39 synagogue or other place of worship if the owner or administrator of 40 such school, church, synagogue or other place of worship affirmatively 41 states support for the issuance of such a license; or 42 (ii) in a [city, town or village having a population of twenty thou- 43 sand or more] county having a population between one million six hundred 44 thousand and one million seven hundred thousand as of the two thousand 45 twenty census as conducted by the United States department of commerce 46 within five hundred feet of three or more existing premises licensed and 47 operating pursuant to the provisions of this section or sections sixty- 48 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or 49 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 50 (a) of this subdivision, in a county having a population between one 51 million six hundred thousand and one million seven hundred thousand as 52 of the two thousand twenty census as conducted by the United States 53 department of commerce, the authority may issue a license pursuant to 54 this section for a premises which shall be within five hundred feet of 55 three or more existing premises licensed and operating pursuant to this 56 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 
 S. 7003 5 1 sixty-four-d of this article if, after consultation with the munici- 2 pality or community board, it determines that granting such license 3 would be in the public interest. Before it may issue any such license, 4 the authority shall conduct a hearing, upon notice to the applicant and 5 the municipality or community board, and shall state and file in its 6 office its reasons therefor. The hearing may be rescheduled, adjourned 7 or continued, and the authority shall give notice to the applicant and 8 the municipality or community board of any such rescheduled, adjourned 9 or continued hearing. Before the authority issues any said license, the 10 authority or one or more of the commissioners thereof may, in addition 11 to the hearing required by this paragraph, also conduct a public meeting 12 regarding said license, upon notice to the applicant and the munici- 13 pality or community board. The public meeting may be rescheduled, 14 adjourned or continued, and the authority shall give notice to the 15 applicant and the municipality or community board of any such resched- 16 uled, adjourned or continued public meeting. Notice to the municipality 17 or community board shall mean written notice mailed by the authority to 18 such municipality or community board at least fifteen days in advance of 19 any hearing scheduled pursuant to this paragraph. Upon the request of 20 the authority, any municipality or community board may waive the fifteen 21 day notice requirement. No premises having been granted a license pursu- 22 ant to this section shall be denied a renewal of such license upon the 23 grounds that such premises are within five hundred feet of a building or 24 buildings wherein three or more premises are operating and licensed 25 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 26 four-b and/or sixty-four-d of this article. 27 § 5. Paragraphs (a), (b) and (e) of subdivision 8 of section 64-d of 28 the alcoholic beverage control law, paragraphs (a) and (b) as amended by 29 chapter 463 of the laws of 2009 and paragraph (e) as amended by chapter 30 185 of the laws of 2012, are amended to read as follows: 31 (a) on the same street or avenue and within two hundred feet of a 32 building occupied exclusively as a school, church, synagogue or other 33 place of worship; provided, however, that the authority may issue a 34 retail license for on-premises consumption for a premises that is within 35 two hundred feet of a building occupied exclusively as a school, church, 36 synagogue or other place of worship if the owner or administrator of 37 such school, church, synagogue or other place of worship affirmatively 38 states support for the issuance of such a license; or 39 (b) in a [city, town or village having a population of twenty thousand 40 or more] county having a population between one million six hundred 41 thousand and one million seven hundred thousand as of the two thousand 42 twenty census as conducted by the United States department of commerce 43 within five hundred feet of an existing premises licensed and operating 44 pursuant to the provisions of this section, or within five hundred feet 45 of three or more existing premises licensed and operating pursuant to 46 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 47 sixty-four-c of this article. 48 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 49 sion, in a county having a population between one million six hundred 50 thousand and one million seven hundred thousand as of the two thousand 51 twenty census as conducted by the United States department of commerce, 52 the authority may issue a license pursuant to this section for a prem- 53 ises which shall be within five hundred feet of an existing premises 54 licensed and operating pursuant to the provisions of this section or 55 within five hundred feet of three or more existing premises licensed and 56 operating pursuant to this section and sections sixty-four, 
 S. 7003 6 1 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, 2 after consultation with the municipality or community board, it deter- 3 mines that granting such license would be in the public interest. 4 Before it may issue any such license, the authority shall conduct a 5 hearing, upon notice to the applicant and the municipality or community 6 board, and shall state and file in its office its reasons therefor. The 7 hearing may be rescheduled, adjourned or continued, and the authority 8 shall give notice to the applicant and the municipality or community 9 board of any such rescheduled, adjourned or continued hearing. Before 10 the authority issues any said license, the authority or one or more of 11 the commissioners thereof may, in addition to the hearing required by 12 this paragraph, also conduct a public meeting regarding said license, 13 upon notice to the applicant and the municipality or community board. 14 The public meeting may be rescheduled, adjourned or continued, and the 15 authority shall give notice to the applicant and the municipality or 16 community board of any such rescheduled, adjourned or continued public 17 meeting. Notice to the municipality or community board shall mean writ- 18 ten notice mailed by the authority to such municipality or community 19 board at least fifteen days in advance of any hearing scheduled pursuant 20 to this paragraph. Upon the request of the authority, any municipality 21 or community board may waive the fifteen day notice requirement. No 22 premises having been granted a license pursuant to this section shall be 23 denied a renewal of such license upon the grounds that such premises are 24 within five hundred feet of an existing premises licensed and operating 25 pursuant to the provisions of this section or within five hundred feet 26 of a building or buildings wherein three or more premises are licensed 27 and operating pursuant to this section and sections sixty-four, sixty- 28 four-a, sixty-four-b, and/or sixty-four-c of this article. 29 § 6. This act shall take effect immediately.