N.Y.
Alcoholic Beverage Control Law Section 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 § 64 (License to sell liquor at retail for consumption on the premises)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, including a motion picture theatre that is a building or facility which is regularly used and kept open primarily for the exhibition of motion pictures for at least five out of seven days a week, or on a regular seasonal basis of no less than six contiguous weeks, to the general public where all auditorium seating is permanently affixed to the floor and at least sixty-five percent of the motion picture theatre’s annual gross revenues is the combined result of admission revenue for the showing of motion pictures and the sale of food and non-alcoholic beverages, 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. * NB Effective until April 20, 2027 * 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. * NB Effective April 20, 2027 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. (c-4) 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 city of Binghamton, county of Broome, bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton, County of Broome, State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the east line of Front Street and the south line of Main Street; thence easterly along the south line of Main Street making an interior angle of 100Á 54’ with the east line of Front Street a distance of 35.36 feet to a point in the center line of a former ten-foot right of way; thence southerly making an interior angle of 79Á 15’ with the last course a distance of 107 feet to a point in the north line of an alley; thence westerly along the north line of said alley and making an interior angle of 90Á 07’ with the last course a distance of 35 feet to a point in the east line of Front Street; thence northerly along said east line of Front Street and making an interior angle of 89Á 44’ with the last course a distance of 100.46 feet to the point of beginning. Hereby intending to describe the premises commonly known as 11 Main Street. (c-5) 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 city of Binghamton, county of Broome, bounded and described as follows: All that tract or parcel of land, situate in the City of Binghamton, County of Broome and State of New York, on the west side of the Chenango River at the west end of the Court Street Bridge, and bounded and described as follows: Commencing at the southeasterly corner of premises conveyed by Harry Smolensky and Anna Smolensky to Guilio Mattioli and Anthony F. Mattioli, Sr. by Full Covenant Deed dated February 28th, 1963 and recorded in the Broome County Clerk’s office in Book 1063 of Deeds at page 731 and running thence northerly along the easterly line of premises so conveyed in a straight line to lands formerly the homestead property of Benjamin F. Sisson, the southerly part of which is the third parcel of land described in a Warranty Deed from Archie S. Beers by Roland F. Beers, his attorney in fact to Arthur Kradjian and Kenneth Kradjian dated April 18, 1967 and recorded in the Broome County Clerk’s office in Book 1119 of Deeds at page 737; thence in an easterly direction along the south line of the said premises formerly of Arthur Kradjian and Kenneth Kradjian to the Chenango River; thence southerly along the westerly bank of the Chenango River as it winds and turns to the north side of Main Street; thence in a westerly direction along the north side of said Main Street to the point or place of beginning. (c-6) 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 city of Binghamton, county of Broome, bounded and described as follows: All that tract or parcel of land situate in the City of Binghamton, County of Broome and State of New York, being a strip of land twelve (12) feet wide, front and rear taken off the entire southerly side of premises described in 1936 as follows: All that tract or parcel of land situate in the City of Binghamton, County of Broome and State of New York, and being the homestead property of Benjamin F. Sisson, deceased, situate on the east side of Front Street in said city and being about eighty-seven (87) feet wide front on Front Street and extending to the Chenango River and bounded as follows: on the north by lands of Carrie M. Waldron (formerly owned by Charles D. Rogers), on the south by lands of Conine & Gleason, C. F. & W. W. Sisson, Ida R. Buckingham and James W. Lyon; on the east by the Chenango River and on the west by Front Street, and including all the lands conveyed to Benjamin F. Sisson by three deeds, to wit: one from the Village of Binghamton dated April 10, 1867 and recorded in the Broome County Clerk’s office in Book 74 of Deeds at page 125; one from Sarah R. Graves and Herman W. Graves dated July 9, 1875 and recorded in the Broome County Clerk’s office in Book 93 of Deeds at page 174; and one from Charles D. Rogers and wife dated July 9, 1875 and recorded in the Broome County Clerk’s office in Book 98 of Deed at page 369 and also includes the northerly part of lands conveyed to Benjamin F. Sisson by John S. Wells and wife by deed dated June 28, 1853 and recorded in the Broome County Clerk’s office in Book 39 of Deeds at page 401 and 402 to all of which deed reference is had.(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, Parkinson’s disease, or Alzheimer’s 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 party’s 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. For motion picture theatres licensed under paragraph (b) of subdivision six of this section, food that is typically found in a motion picture theatre, including but not limited to: popcorn, candy, and light snacks, shall be deemed to be in 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. * NB Effective until April 20, 2027 * 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. * NB Effective April 20, 2027 * 9. In the case of a motion picture theatre applying for a license under this section, any municipality required to be notified under § 110-B (Notification to municipalities)section one hundred ten-b of this chapter may express an opinion with respect to whether the application should be approved, and such opinion may be considered in determining whether good cause exists to deny any such application. * NB Effective until April 20, 2027 * 9. The liquor authority may make such rules as it deems necessary to carry out the provisions of this section. * NB Effective April 20, 2027 * 10. The liquor authority may make such rules as it deems necessary to carry out the provisions of this section. * NB Effective until April 20, 2027
Source:
Section 64-A — Special license to sell liquor at retail for consumption on the premises, https://www.nysenate.gov/legislation/laws/ABC/64-A (updated Apr. 26, 2024; accessed Oct. 26, 2024).
