Bill Text: NY S08141 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to a license to sell liquor at retail for consumption on certain premises in the Town and Village of Mount Kisco, County of Westchester.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-23 - ADVANCED TO THIRD READING [S08141 Detail]

Download: New_York-2023-S08141-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8141

                    IN SENATE

                                     January 9, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 clar-
          ifying the method of measurement for the purposes of  restrictions  on
          the granting of retail licenses for on-premises consumption of liquor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 7 of section 64 of  the  alco-
     2  holic  beverage  control  law,  as amended by chapter 463 of the laws of
     3  2009, is amended to read as follows:
     4    (c) the measurements in paragraphs (a) and (b) of this subdivision are
     5  to be taken in straight lines from the center of the nearest entrance of
     6  the premises sought to be licensed to the center of the nearest entrance
     7  of such school, church, synagogue or other place of worship  or  to  the
     8  center  of the nearest entrance of each such premises licensed and oper-
     9  ating pursuant to this section and sections sixty-four-a,  sixty-four-b,
    10  sixty-four-c,  and/or  sixty-four-d  of this article, if the entrance is
    11  set back from the sidewalk by a walkway  or  doorway,  the  measurements
    12  shall be taken in straight lines from the center of the nearest entrance
    13  of  the premises sought to be licensed to the point directly adjacent to
    14  the center of the nearest entrance of such school, church, synagogue  or
    15  other  place of worship or to the center of the nearest entrance of each
    16  such premises licensed  and  operating  pursuant  to  this  section  and
    17  sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
    18  of this article; except, however,  that  no  renewal  license  shall  be
    19  denied because of such restriction to any premises so located which were
    20  maintained  as  a bona fide hotel, restaurant, catering establishment or
    21  club on or prior to December fifth, nineteen hundred thirty-three;  and,
    22  except  that  no  license  shall  be  denied  to any premises at which a
    23  license under this chapter has been in  existence  continuously  from  a
    24  date  prior to the date when a building on the same street or avenue and
    25  within two hundred feet of said premises has been  occupied  exclusively
    26  as  a  school,  church,  synagogue or other place of worship; and except

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13928-01-3
        S. 8141                             2

     1  that no license shall be denied to any premises, which  is  within  five
     2  hundred  feet  of three or more existing premises licensed and operating
     3  pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
     4  sixty-four-c,  and/or  sixty-four-d  of this article, at which a license
     5  under this chapter has been in existence continuously  on  or  prior  to
     6  November  first,  nineteen  hundred  ninety-three;  and except that this
     7  subdivision shall not be deemed to restrict  the  issuance  of  a  hotel
     8  liquor  license  to a building used as a hotel and in which a restaurant
     9  liquor license currently exists for premises which  serve  as  a  dining
    10  room  for  guests of the hotel and a caterer's license to a person using
    11  the permanent catering facilities of a church, synagogue or other  place
    12  of  worship  pursuant to a written agreement between such person and the
    13  authorities in charge of such facilities. The liquor authority,  in  its
    14  discretion, may authorize the removal of any such licensed premises to a
    15  different location on the same street or avenue, within two hundred feet
    16  of  said  school,  church, synagogue or other place of worship, provided
    17  that such new location is not within a closer distance to  such  school,
    18  church, synagogue or other place of worship.
    19    §  2.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law. Effective immediately, the addition, amendment and/or
    21  repeal of any rule or regulation necessary  for  the  implementation  of
    22  this  act  on its effective date are authorized to be made and completed
    23  on or before such effective date.