STATE OF NEW YORK ________________________________________________________________________ 2083 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. SKARTADOS, MONTESANO, LALOR, GOTTFRIED, BICHOTTE, PALMESANO -- Multi-Sponsored by -- M. of A. COOK, CROUCH, KEARNS -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to allowing liquor licenses to be issued to certain premises within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 105 of the alcoholic beverage 2 control law is amended by adding a new paragraph (d) to read as follows: 3 (d) Notwithstanding the provisions of paragraph (a) of this subdivi- 4 sion, the authority may issue a retail license for on-premises consump- 5 tion for a premises which shall be within two hundred feet of a building 6 occupied exclusively as a school, church, synagogue or other place of 7 worship, provided: 8 (i) such premises constitutes a premises for the sale of food or 9 beverages at retail for consumption on the premises and/or an overnight 10 lodging facility; 11 (ii) such premises is wholly located within a municipality having a 12 population of less than one million people; 13 (iii) such premises is located in a commercial retail zone that 14 permits the sale of liquor; and 15 (iv) the governing body of the municipality enacts a local law or 16 resolution in support of the application for the license. 17 § 2. Subdivision 7 of section 64 of the alcoholic beverage control law 18 is amended by adding a new paragraph (e-9) to read as follows: 19 (e-9) Notwithstanding the provisions of paragraph (a) of this subdivi- 20 sion, the authority may issue a retail license for on-premises consump- 21 tion for a premises which shall be within two hundred feet of a building EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01538-01-7A. 2083 2 1 occupied exclusively as a school, church, synagogue or other place of 2 worship, provided: 3 (i) such premises constitutes a premises for the sale of food or 4 beverages at retail for consumption on the premises and/or an overnight 5 lodging facility; 6 (ii) such premises is wholly located within a municipality having a 7 population of less than one million people; 8 (iii) such premises is located in a commercial retail zone that 9 permits the sale of liquor; and 10 (iv) the governing body of the municipality enacts a local law or 11 resolution in support of the application for the license. 12 § 3. Subdivision 7 of section 64-a of the alcoholic beverage control 13 law is amended by adding a new paragraph (c-4) to read as follows: 14 (c-4) Notwithstanding the provisions of subparagraph (i) of paragraph 15 (a) of this subdivision, the authority may issue a retail license for 16 on-premises consumption for a premises which shall be within two hundred 17 feet of a building occupied exclusively as a school, church, synagogue 18 or other place of worship, provided: 19 (i) such premises constitutes a premises for the sale of food or 20 beverages at retail for consumption on the premises and/or an overnight 21 lodging facility; 22 (ii) such premises is wholly located within a municipality having a 23 population of less than one million people; 24 (iii) such premises is located in a commercial retail zone that 25 permits the sale of liquor; and 26 (iv) the governing body of the municipality enacts a local law or 27 resolution in support of the application for the license. 28 § 4. Subdivision 5 of section 64-b of the alcoholic beverage control 29 law is amended by adding a new paragraph (c-1) to read as follows: 30 (c-1) Notwithstanding the provisions of subparagraph (i) of paragraph 31 (a) of this subdivision, the authority may issue a retail license for 32 on-premises consumption for a premises which shall be within two hundred 33 feet of a building occupied exclusively as a school, church, synagogue 34 or other place of worship, provided: 35 (i) such premises constitutes a premises for the sale of food or 36 beverages at retail for consumption on the premises and/or an overnight 37 lodging facility; 38 (ii) such premises is wholly located within a municipality having a 39 population of less than one million people; 40 (iii) such premises is located in a commercial retail zone that 41 permits the sale of liquor; and 42 (iv) the governing body of the municipality enacts a local law or 43 resolution in support of the application for the license. 44 § 5. Subdivision 11 of section 64-c of the alcoholic beverage control 45 law is amended by adding a new paragraph (c-1) to read as follows: 46 (c-1) Notwithstanding the provisions of subparagraph (i) of paragraph 47 (a) of this subdivision, the authority may issue a retail license for 48 on-premises consumption for a premises which shall be within two hundred 49 feet of a building occupied exclusively as a school, church, synagogue 50 or other place of worship, provided: 51 (i) such premises constitutes a premises for the sale of food or 52 beverages at retail for consumption on the premises and/or an overnight 53 lodging facility; 54 (ii) such premises is wholly located within a municipality having a 55 population of less than one million people;A. 2083 3 1 (iii) such premises is located in a commercial retail zone that 2 permits the sale of liquor; and 3 (iv) the governing body of the municipality enacts a local law or 4 resolution in support of the application for the license. 5 § 6. Subdivision 8 of section 64-d of the alcoholic beverage control 6 law is amended by adding a new paragraph (g) to read as follows: 7 (g) Notwithstanding the provisions of paragraph (a) of this subdivi- 8 sion, the authority may issue a retail license for on-premises consump- 9 tion for a premises which shall be within two hundred feet of a building 10 occupied exclusively as a school, church, synagogue or other place of 11 worship, provided: 12 (i) such premises constitutes a premises for the sale of food or 13 beverages at retail for consumption on the premises and/or an overnight 14 lodging facility; 15 (ii) such premises is wholly located within a municipality having a 16 population of less than one million people; 17 (iii) such premises is located in a commercial retail zone that 18 permits the sale of liquor; and 19 (iv) the governing body of the municipality enacts a local law or 20 resolution in support of the application for the license. 21 § 7. This act shall take effect on the ninetieth day after it shall 22 have become a law.