New York Alcoholic Beverage Control Law
Sec. § 64
License to Sell Liquor at Retail for Consumption on the Premises


64. License to sell liquor at retail for consumption on the premises.

1.

Notwithstanding the provisions of subdivision two of section seventeen of this chapter, any person may make an application to the appropriate board for a license to sell liquor at retail to be consumed on the premises where sold, and such licenses shall be issued to all applicants except for good cause shown.

2.

Such application shall be in such form and shall contain such information as shall be required by the rules of the liquor authority and shall be accompanied by a check or draft in the amount required by this article for such license.

3.

Section fifty-four shall control so far as applicable the procedure in connection with such application.

4.

Such license shall in form and in substance be a license to the person specifically licensed to sell liquors at retail, to be consumed upon the premises. Such license shall also be deemed to include a license to sell wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee.

5.

No retail license under this section shall be granted except for such premises as are being conducted as a bona fide hotel provided that a restaurant is operated in such premises, restaurant, catering establishment, club, railroad car, vessel or aircraft being operated on regularly scheduled flights by a United States certificated airline. 5-a. Notwithstanding the provisions of subdivision five of this section, a liquor license may be issued under this section to an establishment designated and commonly known and operated as a "bed and breakfast" regardless of whether or not a restaurant is operated in such establishment, provided that such license shall only permit the sale of alcoholic beverages to overnight guests of such establishment.

6.

Where an on-premise license shall be granted to the owner of a hotel situated in a town or village the liquor authority may in its discretion grant to such owner the right to sell liquor and wine for off-premise consumption under the same terms and conditions as apply to off-premise licenses upon the payment of an additional fee of sixty-two dollars and fifty cents; provided, however, that this permission shall not be granted if an off-premise license has been granted for premises located within eight miles of such hotel. 6-a. The authority may consider any or all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:

(a)

The number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof.

(b)

Evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies.

(c)

Effect of the grant of the license on vehicular traffic and parking in proximity to the location.

(d)

The existing noise level at the location and any increase in noise level that would be generated by the proposed premises.

(e)

The history of liquor violations and reported criminal activity at the proposed premises.

(f)

Any other factors specified by law or regulation that are relevant to determine the public convenience and advantage and public interest of the community.

7.

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 or (b) in a city, town or village having a population of twenty thousand or more 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;

(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 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 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 caterers 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.

(d)

Within the context of this subdivision, the word "entrance" shall mean a door of a school, of a house of worship, or of 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 or of the premises sought to be licensed, regularly used to give ingress to students of the school, to the general public attending the place of worship, and to patrons or guests of the 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 or of the premises sought to be licensed, except that where a school or house of worship or 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 or the premises sought to be licensed is set back from a public thoroughfare, the walkway or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center of the walkway or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or patrons, is not deemed an "entrance". (d-1) Within the context of this subdivision, a building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship by incidental uses that are not of a nature to detract from the predominant character of the building as a place of worship, such uses which include, but which are not limited to: the conduct of legally authorized games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at the place of worship or for other not-for-profit organizations or groups; use of the building for fund-raising performances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other not-for-profit organizations or groups; the use of the building by other religious organizations or groups for religious services or other purposes; the conduct of social activities by or for the benefit of the congregants; the use of the building for meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions or diseases including, but not limited to, alcoholism, drug addiction, cancer, cerebral palsy, Parkinsons disease, or Alzheimers disease; the use of the building for blood drives, health screenings, health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons; and use of the building by non-congregant members of the community for private social functions. The building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another partys use of the building.

(e)

Notwithstanding the provisions of this chapter to the contrary, the authority may issue a license to sell liquor at retail to be consumed on premises to a club as such term is defined in subdivision nine of section three of this chapter whether or not the building in which the premises for which such license is to be issued is used exclusively for club purposes and whether or not such premises is within two hundred feet of a building used exclusively as a school, church, synagogue or place of worship if such club is affiliated or associated with such school, church, synagogue or place of worship and the governing body of such school, church, synagogue or other place of worship has filed written notice with the authority that it has no objection to the issuance of such license. (e-1) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet of a building occupied exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises and/or an overnight lodging facility located wholly within the boundaries of the borough of Manhattan in the city and county of New York, bounded and described as follows: BEGINNING at a point on the southerly side of 49th Street, distant 160 feet easterly from the corner formed by the intersection of the southerly side of 49th Street with the easterly side of 8th Avenue; running thence southerly, parallel with 8th Avenue and part of the distance through a party wall, 100 feet 5 inches to the center line of the block between 48th and 49th Streets; thence easterly along the center line of the block, 40 feet; thence northerly, parallel with 8th Avenue and part of the distance through a party wall, 100 feet 5 inches to the southerly side of 49th Street; thence westerly along the southerly side of 49th Street, 40 feet to the point or place of beginning. Premises known as 240 and 242 West 49th Street, New York City. Being the same premises described in deed made by Hotel Mayfair Inc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250. (e-2) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet of a building occupied exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Ulster, bounded and described as follows: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements erected thereon, situated in the Village of Ellenville, Town of Wawarsing, County of Ulster and State of New York, being further bounded and described as follows: Beginning at a three-quarter inch diameter iron rod found on the southwesterly bounds of Canal Street, marking the northeasterly corner of the lands, now or formerly, John Georges, as described in liber 2645 of deeds at page 278. Thence along the southeasterly bounds of the lands of John Georges, passing 1.42 feet northwesterly from the southwesterly corner of the building situated on the premises described herein, South thirty-nine degrees, forty-one minutes, fifty-two seconds West, one hundred fifty and zero hundredths feet (S 39-41-52 W, 150.00) to the northeasterly bounds of the lands, now or formerly, Thomas Powers, as described in liber 1521 of deeds at page 749. Thence along the northeasterly bounds of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes, sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16 E, 28.00). Thence passing 1.92 feet southeasterly from the southeasterly corner of the building situated on the premises described herein. North thirty-nine degrees, forty-one minutes, fifty-two seconds East, one hundred fifty and zero hundredths feet (N 39-41-52 E, 150.00) to the southwesterly bounds of Canal Street. Thence along the southwesterly bounds of Canal Street, North fifty degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and zero hundredths feet (N 50-39-16 W, 28.00) to the point of beginning. Containing 4,199.92 square feet of land or 0.0996 of an acre of land. Being the same premises as conveyed by deed dated September 2, 1999 from Chris M. Camio as Executor of the Last Will and Testament of Alice Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and Alfred S. Dannhauser and recorded in the Ulster County Clerks Office on September 15, 1999 in Liber 2966 at page 291. The undivided interests of John Harris and Alfred S. Dannhauser having been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded in the Ulster County Clerks Office in Liber 3213 p 65. (e-3) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet of a building occupied exclusively as a school, provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises and/or an overnight lodging facility located wholly within the boundaries of the borough of Manhattan in the city and county of New York, bounded and described as follows: Beginning at a point on the southerly side of 46th street, distant three hundred fifty (350) feet westerly from the corner formed by the intersection of the westerly side of Sixth Avenue with the said southerly side of 46th street. Running thence southerly parallel with the said westerly side of Sixth Avenue and for part of the distance through a party wall, one hundred (100) feet four (4) inches; thence westerly parallel with the southerly side of 46th street, eighty (80) feet; thence northerly again parallel with the westerly side of Sixth Avenue, one hundred (100) feet four (4) inches to the southerly side of 46th street; and thence easterly along the said southerly side of 46th street, eighty (80) feet to the point or place of beginning. Premises known as 130 West 46th Street, New York City. Being the same premises described in deed made by Massachusetts Mutual Life Insurance Company to West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the Office of the City Register, New York County, on February 6, 2007 as CFRN 2007000069808. (e-4) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Ulster, bounded and described as follows: THOSE THREE BUILDING LOTS situate on the northeasterly side of Union Avenue in the city of Kingston, between Thomas and Cornell Streets, known and distinguished upon a map of the property of the estate of said Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April 11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and bounded and described as follows: BEGINNING at the west corner of lot seven which is also the corner of Cornell Street, where it intersects with Union Avenue, and runs from thence in the southerly bounds of Cornell Street, N. 48 degrees 10 east the distance of one hundred and thirty-eight (138) feet, to the south bounds of lot (8) eight as laid down upon said map, thence along in the south bounds of lot (8) aforesaid S. 41 degrees 50 east along the rear of lots seven, six and five (7, 6 & 5) as aforesaid the distance of seventy-two (72) feet to a lot of land owned by Max Oppenheimer and known on said map as lot four (4); thence in the division line between lot four and five as laid down upon said map, south 48 degrees 10 W. one hundred and twenty-two (122) feet, and fifty-four hundredths of a foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue; thence along in said northeasterly bounds of said Union Avenue north 53 degrees 57 west along the front of said lots five, six and seven (5, 6 & 7) the distance of seventy-three feet and sixty-five hundredths of a foot (73 65/100 feet) to the place of beginning; and a part of said premises being a part of the same that was conveyed to Thomas Cornell by Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the office of the Clerk of Ulster County in book No. 204 of deeds at page 403 March 6th, 1877, the balance of the property hereinbefore described and herein intended to be conveyed was conveyed to Thomas Cornell by James E. Ostrander and wife by deed bearing date February 8th, 1869, and recorded in Ulster County Clerks Office in book 175 of deeds at page 29, February 6th, 1872. * (e-5) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied exclusively as a school, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the borough of Brooklyn in the county of Kings and the city of New York, bounded and described as follows: Beginning at a point on the westerly side of Washington Avenue distant 636.45 feet southerly from the intersection of the southerly side of Eastern Parkway and westerly side of Washington Avenue, said point being the point of beginning; Running thence southerly along the westerly side of Washington Avenue, a distance of 345.43 feet; thence westerly along the line forming an interior angle with the previous course of 90 degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence northerly along the line forming an interior angle with the previous course of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet; Thence northerly along the line forming an exterior angle with the previous course of 159 degrees 18 minutes 33 seconds, a distance of 36.59 feet; Thence northerly along the line forming an exterior angle with the previous course of 169 degrees 36 minutes 23 seconds, a distance of 26.26 feet; Thence westerly along the line forming an exterior angle with the previous course of 123 degrees 49 minutes 33 seconds, a distance of 58.57 feet; Thence southwesterly along the line forming an exterior angle with the previous course of 129 degrees 53 minutes 13 seconds, a distance of 108.38 feet; Thence westerly, a distance of 84.05 feet along a curve to the right, which has a radius of 192.59 feet, and having a central angle of 250014"; Thence westerly, a distance of 58.94 feet along a curve to the right, which has a radius of 181.42 feet, and having a central angle of 183654". Thence westerly, a distance of 354.56 feet; Thence northerly along the line forming an interior angle with the previous course of 90 degrees 14 minutes 09 seconds, a distance of 114.49 feet; Thence easterly along the line forming an exterior angle with the previous course of 286 degrees 53 minutes 22 seconds, a distance of 7.54 feet; Thence easterly along the line forming an interior angle with the previous course of 195 degrees 07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along the line forming an interior angle with the previous course of 193 degrees 52 minutes 57 seconds, a distance of 161.51 feet; Thence westerly along the line forming an interior angle with the previous course of 257 degrees 31 minutes 43 seconds, a distance of 116.17 feet; Thence northeasterly, a distance of 7.07 feet along a non-tangent curve to the right, having a radius of 4.50 feet, a central angle of 895910" and a chord of 6.36 feet, which chord makes an interior angle with the previous course of 135 degrees 01 minutes 12 seconds; Thence easterly along the line forming an interior angle with the chord of the above-referenced curve of 135 degrees 01 minutes 17 seconds, a distance of 135.59 feet; Thence easterly, a distance of 81.93 feet along a non-tangent curve to the left, having a radius of 272.93 feet, a central angle of 171159" and a chord of 81.63 feet, which chord makes an interior angle with the previous course of 186 degrees 52 minutes 37 seconds; Thence easterly along the line forming an interior angle with the chord of the above-referenced curve of 192 degrees 21 minutes 11 seconds, a distance of 38.24 feet; Thence easterly along the line forming an interior angle with the previous course of 183 degrees 09 minutes 51 seconds, a distance of 21.53 feet to the point of beginning. * NB There are 2 par (e-5)s * (e-5) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Kings, bounded and described as follows: ALL that certain plot, piece or parcel of land situate lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Synder Avenue, with the easterly side of Bedford Avenue; THENCE easterly along the southerly side of Synder Avenue, 99 feet 10 inches; THENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to the center line of Union Street, as shown on the Bergen Map; THENCE westerly along the center line of Union Street, as aforesaid, 99 feet 10 inches to the easterly side of Bedford Avenue; THENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8 inches to the point or place of BEGINNING. * NB There are 2 par (e-5)s * (e-6) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Kings, bounded and described as follows: BEGINNING at a point on the northerly side of Grand Street, distant three hundred and nineteen feet and three inches easterly from the corner formed by the intersection of the northerly of Grand Street with the easterly side of Berry (formerly Third) Street, which point of beginning is where a line drawn along the easterly wall of the house now or formerly owned by one Schaefer intersects the northerly side of Grand Street; running thence northerly along the easterly wall of the house now or formerly owned by one Schaefer, seventy one feet and six inches; thence easterly nearly parallel with Grand Street, eighteen feet and five inches; thence southerly, seventy feet and seven inches to the northerly side of Grand Street at a point, sixteen feet easterly from the point of beginning; thence westerly along the northerly side of Grand Street, sixteen feet. * NB There are 2 par (e-6)s * (e-6) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises provided such premises constitutes a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the borough of Manhattan in the city and county of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Fulton Street with the westerly side of Broadway; RUNNING THENCE southerly along the westerly side of Broadway, 78 feet 11 1/2 inches to an angle point, in said westerly side of Broadway; THENCE southerly still along the westerly side of Broadway, 75 feet 3 inches to the corner formed by the intersection of the westerly side of Broadway with the northerly side of Dey Street; THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4 inches; THENCE northerly along a line which forms an angle on its westerly side with the northerly side of Dey Street of 91 degrees 21 minutes 50 seconds, 77 feet 5 1/2 inches; THENCE easterly along a line which forms an angle on its southerly side with the last described course of 91 degrees 21 minutes 50 seconds, 75 feet 4 5/8 inches; THENCE northerly along a line which forms an angle on its westerly side with the last described course of 91 degrees 00 minutes 00 seconds, 77 feet 5 1/4 inches to the southerly side of Fulton Street; THENCE easterly along the southerly side of Fulton Street, 99 feet 8 inches to an angle point on said southerly side of Fulton Street; THENCE easterly still along the southerly side of Fulton Street, 100 feet 2 1/2 inches to the point or place of BEGINNING. TOGETHER with benefits and subject to the terms contained in that certain Easement and License Agreement dated as of April 20, 1993 between Kalikow Fulton Church Realty Company and 195 Property Company and recorded on May 10, 1993 in Reel 1969 page 1310. * NB There are 2 par (e-6)s * (e-7) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue, or other place of worship, provided such premises constitutes a premises for the sale of food or beverages at retail for the consumption on the premises located wholly within the boundaries of the county of Ulster, bounded and described as follows: All that piece or parcel of land, situate in the City of Kingston, County of Ulster and State of New York described as follows: Beginning at a spike in the concrete sidewalk on the south bounds of Main Street at its intersection with the west bounds of Fair Street; Thence south 8 degrees 10 hours 9 minutes east along the west bounds of Fair Street 105.31 feet to a spike in line with a three story brick building on lands now or formerly Norman G. Lebhar and John W. Krueger (L.1516 P.425); Thence south 83 degrees 26 hours 38 minutes west along said building and lands of Lebhar and Krueger 46.27 feet to a corner of said building; Thence north 8 degrees 4 hours 13 minutes west along lands now or formerly Lawrence A. Quilty and others (L.1422 P.123) and along the brick building on the herein described parcel 102.62 feet to a reinforcement rod set on the south bounds of Main Street; Thence north 80 degrees 6 hours 32 minutes east along said bounds of Main Street 46.10 feet to the point and place of beginning. Being the same premises as conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave, Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated September 15, 1995 and recorded in the Ulster County Clerks Office on September 20, 1995 in Liber 2525 of Deeds at Page 200. * NB There are 2 par (e-7)s * (e-7) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Erie, bounded and described as follows: ALL that certain plot, piece or parcel of land situate in the City of Buffalo, County of Erie and state of New York, being part of Lot No. 77, Township 11, Range 8 of the Holland Land Companys Survey, and further distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown on a map filed in the Erie County Clerks Office under Cover No. 781 and more particularly bounded and described as follows: BEGINNING at the point of intersection of the northerly line of Hertel Avenue as now laid out 100 feet wide with the easterly line of Saranac Avenue; thence northerly along the easterly line of Saranac Avenue 120 feet; thence easterly parallel with Hertel Avenue 100 feet; thence southerly parallel with Saranac Avenue and along the easterly line of said subdivision Lot No. 2, a distance of 120 feet to the northerly line of Hertel Avenue; thence westerly along said line of Hertel Avenue 100 feet to the point of beginning. * NB There are 2 par (e-7)s (e-8) Notwithstanding the provisions of paragraph (a) of this subdivision, the authority may issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Erie, bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No.48, Township 11, Range 8 of the Holland Land Companys Survey, described as follows: BEGINNING at a point in the easterly line of Elmwood Avenue distant 191.1 feet north of the intersection of said easterly line of Elmwood Avenue with the northerly line of Bird Avenue; running thence northerly along the said easterly line of Elmwood Avenue 63 feet; thence easterly at right angles with Elmwood Avenue 140 feet; thence southerly parallel with Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood Avenue 140 feet to the said easterly line of Elmwood Avenue to the point or place of beginning. All that Tract or Parcel of Land, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. Forty-Eight (48), Township Eleven (11) and Range Eight (8) of the Holland Land Companys survey and bounded and described as follows: BEGINNING at a point in the easterly line of Elmwood Avenue One Hundred Sixty and one-tenth (160.10) feet northerly from its intersection with the northerly line of Bird Avenue, running thence northerly on said easterly line of Elmwood Avenue Thirty-one (31) feet; thence easterly at right angles to Elmwood Avenue One Hundred forty (140) feet; thence southerly parallel with Elmwood Avenue Thirty-one (31) feet; thence westerly at right angles to Elmwood Avenue, One Hundred forty (140) feet to the easterly line of Elmwood Avenue at the place of beginning. All that Tract or Parcel of Land, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 48, Township 11, Range 8 of the Holland Land Companys Survey and bounded and described as follows: BEGINNING at a point in the east line of Elmwood Avenue, distant 321.50 feet south from the intersection of said east line with the south line of Forest Avenue; thence south along the east line of Elmwood Avenue, 49 feet to a point; thence east at right angles to the east line of Elmwood Avenue, 140 feet to a point, thence north, parallel with the east line of Elmwood Avenue, 49 feet to a point; thence west in a straight line, 140 feet to the point of beginning.

(f)

Notwithstanding the provisions of paragraph (b) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be 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 if, after consultation with the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are 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.

8.

A license issued for such premises as are being conducted as a catering establishment shall authorize the holder thereof to sell alcoholic beverages at retail during such period of time as a function, occasion or event is in progress therein and then only to persons invited to and attending such function, occasion or event and only for consumption on the premises where sold.

9.

A retail license under this section may be granted for a premises being conducted as a restaurant and located in the area leased by the city of New York to the New York Worlds Fair 1964-1965 pursuant to the provisions of chapter four hundred twenty-eight of the laws of nineteen hundred sixty as amended by chapter nine hundred nine of the laws of nineteen hundred sixty-one during the term or duration of such lease, notwithstanding the fact that said premises is not open to the general public as required by this chapter provided that such premises has been designated as an authorized facility of the New York Worlds Fair 1964-1965 Corporation and has been certified to the liquor authority by said corporation as such.
Source
Last accessed
Dec. 13, 2016