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


64-a. Special license to sell liquor at retail for consumption on the premises.

1.

On or before September first, nineteen hundred sixty-nine, any license issued under section sixty-four of this article may be converted into a special on-premises license under this section upon the granting of a request for conversion filed with the liquor authority by the holder of said license. Such a request shall be granted by the authority except for good cause shown. The granting of such a request shall constitute conversion of said license into a special on-premises license subject to the provisions of this chapter applicable to special on-premises licenses issued under this section.

2.

On or after October first, nineteen hundred sixty-four, any person may make an application to the appropriate board for a special license to sell liquor at retail to be consumed on the premises where sold.

3.

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.

4.

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

5.

Such special license shall in form and in substance be a license to the person specifically licensed to sell liquor at retail to be consumed on the premises specifically licensed. 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.

6.

No special on-premises license shall be granted except for premises in which the principal business shall be (a) the sale of food or beverages at retail for consumption on the premises or (b) the operation of a legitimate theatre or such other lawful adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter, shall by regulation classify for eligibility. Nothing contained in this subdivision shall be deemed to authorize the issuance of a license to a motion picture theatre, except those meeting the definition of restaurant and meals, and where all seating is at tables where meals are served.

7.

(a) No special on-premises license shall be granted for any premises which shall be (i) 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 (ii) 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, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(iii)
the measurements in subparagraphs (i) and (ii) of this paragraph 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, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 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, 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. 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.

(b)

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, 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, 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, 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".

(c)

Notwithstanding paragraph (a) of this subdivision, a special on-premises license for a premises in which the principal business shall be the operation of a legitimate theater by a corporation organized pursuant to the not-for-profit corporation law may be granted notwithstanding the proximity of such premises to any school, provided that the availability of alcoholic beverages on such premises shall not be advertised in any way at such premises in any manner visible from such street or avenue. (c-1) Notwithstanding the provisions of subparagraph (i) 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, 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 easterly side of 7th Avenue, distant 25 feet northerly from the northeasterly corner of 7th Avenue and 132nd Street; RUNNING THENCE easterly parallel with the northerly side of 132nd Street and part of the distance of the distance through a party wall, 75 feet; THENCE northerly parallel with 7th Avenue, 49 feet 11 inches; THENCE westerly parallel with 132nd Street 75 feet to the easterly side of 7th Avenue; THENCE southerly along the easterly side of 7th Avenue, 49 feet 11 inches to the point or place of BEGINNING, being the same premises located at 2247 Adam Clayton Powell, Jr. Boulevard (Seventh Avenue), block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC to AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven and recorded July seventh, two thousand seven in the Office of the City Register, New York County as document number 2007071001657001. (c-2) Notwithstanding the provisions of subparagraph (i) 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, 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 town of Bainbridge, county of Chenango, bounded and described as follows: BEGINNING at an iron stake at the curb on the north side of North Main Street, which stake is in a line with the edge of the concrete sidewalk in front of the Ireland Hardware Block; thence to the joint corner of said hardware block and the concrete post at the southwest corner of the Central Hotel, twenty-seven (27) feet; thence along the foundation wall of said hotel forty (40) feet to an iron stake under a part of the Ireland Hardware Store Building six (6) feet from the corner of said foundation wall and on a continuation of said line along the Hotel foundation; thence at an approximate right angle in a northeasterly direction along a line parallel to and six (6) feet distant from the foundation wall on the "ell" of the Hotel to a point six (6) feet distant from the foundation wall of the main building of the Hotel, fourteen (14) feet; thence again at a right angle in an approximately north-westerly direction on a line parallel to and six (6) feet distant from the foundation wall of said Hotel building forty-three (43) feet to an iron stake; thence in a northeasterly direction on a line from said stake touching the corner of the foundation wall to a point on the line of premises of the Vendor and premises now owned by Edward Danforth, known as the Danforth Block; thence in a southeasterly direction along said boundary line between said premises, which line is believed to be nine (9) feet distant southwesterly from the foundation wall of said Danforth Block, to the curb line; thence along said curb line in a southwesterly direction to the point or place of beginning. Being known and designated on the Chenango County Tax Map for the Village and Town of Bainbridge as parcel 265.11-2-15 as said tax map was on the 15th day of June 2010. (c-3) Notwithstanding the provisions of subparagraph (i) 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, 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 the intersection formed by the easterly side of Fifth Avenue and the southerly side of East 117th Street; and RUNNING THENCE easterly along the southerly side of East 117th Street, 110 feet 0 inches; THENCE southerly at right angles to the last mentioned course, 100 feet 11 inches; THENCE westerly at right angles to the last mentioned course, 110 feet 0 inches at right angles to the easterly side of Fifth Avenue; THENCE northerly along the easterly side of Fifth Avenue at right angles to the last mentioned course, 100 feet 11 inches to the point or place of BEGINNING. Being known and designated on the Tax Map of The City of New York, for the Borough of Manhattan, as Section 6, Block 1622 Lot 73 as said Tax Map was on the 26th day of November 1974.

(d)

Notwithstanding the provisions of subparagraph (ii) of paragraph (a) 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, 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. 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. 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. 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, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.

(e)

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.

8.

Every special on-premises licensee shall regularly keep food available for sale to its customers for consumption on the premises. The availability of sandwiches, soups or other foods, whether fresh, processed, pre-cooked or frozen, shall be deemed compliance with this requirement. The licensed premises shall comply at all times with all the regulations of the local department of health. Nothing contained in this subdivision, however, shall be construed to require that any food be sold or purchased with any liquor, nor shall any rule, regulation or standard be promulgated or enforced requiring that the sale of food be substantial or that the receipts of the business other than from the sale of liquor equal any set percentage of total receipts from sales made therein.

9.

The liquor authority may make such rules as it deems necessary to carry out the provisions of this section.
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Dec. 13, 2016