N.Y. ABC Law § 64-F — New York Code / Act ABC / Article 5 / Section 64-F
License to sell liquor on premises commonly known as a for-profit club
Status: in_force

§ 64-f. License to sell liquor on premises commonly known as a\nfor-profit club. 1. Any person may make an application to the state\nliquor authority to operate a "for-profit club" which is operated solely\nfor a recreational, social, patriotic, political, benevolent, communal\nworkspace, corporate dining space, or athletic purpose.\n  2. Such application shall be in such form and shall contain such\ninformation as shall be required by the liquor authority and shall be\naccompanied by a check or draft in the amount required by this article\nfor such license. The fee for such license shall be twenty thousand\ndollars annually.\n  3. Section fifty-four of this chapter shall control so far as\napplicable the procedure in connection with such application. For-profit\nclubs that apply for a license pursuant to this section are also\nauthorized to apply for a temporary retail permit as provided for in\nsection ninety-seven-a of this chapter.\n  4. Such for-profit club license shall in form and in substance be a\nlicense to the person specifically licensed to operate a for-profit club\nand sell liquor at retail exclusively to members in good standing and\ntheir guests under the by-laws of the for-profit club to be consumed on\nthe premises specifically licensed. Such license shall also be deemed to\ninclude a license to sell liquor, wine, beer, cider, mead and/or braggot\nat retail exclusively to members in good standing and their guests under\nthe by-laws of the for-profit club to be consumed on the premises under\nthe same terms and conditions, without the payment of any additional\nfee.\n  5. (a) A license under this section shall be required of any person,\ncorporation, partnership, company, or any other for-profit entity which\nis the owner, lessee or occupant of a premises used exclusively for the\nfor-profit club purposes, and which is operated solely for a\nrecreational, social, patriotic, political, benevolent, communal\nworkspace, corporate dining space, or athletic purpose. A "member" of a\nfor-profit club shall mean a person who whether a charter member or\nadmitted in agreement with the by-laws of the for-profit club, has\nbecome a bona fide member thereof, who maintains membership by the\npayment of annual dues in a bona fide manner in accordance with the\nby-laws of the for-profit club and whose name and address is entered on\nthe list of members of the for-profit club. A for-profit club must have\none hundred or more members.\n  (b) For the purpose of a for-profit club license issued pursuant to\nthis section solely for use as corporate dining space for their\nemployees and clients shall:\n  (i) include only such space directly used for corporate dining\npurposes where food and beverages are regularly available to employees,\nclients, and guests;\n  (ii) authorize that licensees do not have to meet member requirements;\n  (iii) authorize contracts with a third party licensed by the authority\nto provide food and beverages so long as any third party contract is\ndisclosed to the authority; and\n  (iv) be responsible for maintaining records, filing all necessary\napplications, and providing other such documentation required or deemed\nnecessary to be submitted to the authority.\n  6. The authority shall consider all of the following in determining\nwhether public convenience and advantage and the public interest will be\npromoted by the granting of a license pursuant to this section:\n  (a) the number, classes and character of licenses in proximity to the\nlocation and in the particular municipality or subdivision thereof;\n  (b) evidence that applicants have secured all necessary licenses and\npermits from the state and all other governing bodies;\n  (c) the effect that the granting of the license will have on vehicular\ntraffic and parking in the proximity of the location;\n  (d) the existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises;\n  (e) the history of liquor violations and reported criminal activity at\nthe proposed premises;\n  (f) any purpose or intention of discrimination by the applicant or any\nindividual, corporation, partnership, company, or any other for-profit\nentity which is the owner, lessee or occupant of the premises to be\nlicensed as a for-profit club premises; and\n  (g) any other factors specified by law or regulation that are relevant\nto determine the public convenience or advantage and necessary to find\nthat the granting of such license shall be in the public interest.\n  7. No for-profit club license shall be granted for any premises which\nshall be:\n  (a) on the same street or avenue and within two hundred feet of a\nbuilding occupied exclusively as a school, church, synagogue or other\nplace of worship; or\n  (b) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of an existing premises licensed and\noperating pursuant to the provisions of this section, or within five\nhundred feet of three or more existing premises licensed and operating\npursuant to this section and sections sixty-four, sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article.\n  (c) The measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school, church, synagogue or other place of worship or to the\ncenter of the nearest entrance of each such premises licensed and\noperating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle; except that no license shall be denied to any premises at which\na license under this chapter has been in existence continuously from a\ndate prior to the date when a building on the same street or avenue and\nwithin two hundred feet of said premises has been occupied exclusively\nas a school, church, synagogue or other place of worship; and except\nthat no license shall be denied to any premises, which is within five\nhundred feet of an existing premises licensed and operating pursuant to\nthe provisions of this section or which is within five hundred feet of\nthree or more existing premises licensed and operating pursuant to this\nsection and sections sixty-four, sixty-four-a, sixty-four-b,\nsixty-four-c, and/or sixty-four-d of this article, at which a license\nunder this chapter has been in existence continuously on or prior to\nNovember first, nineteen hundred ninety-three. The liquor authority, in\nits discretion, may authorize the removal of any such licensed premises\nto a different location on the same street or avenue, within two hundred\nfeet of said school, church, synagogue or other place of worship,\nprovided that such new location is not within a closer distance to such\nschool, church, synagogue or other place of worship.\n  (d) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or of premises licensed\nand operating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle or of the premises sought to be licensed, regularly used to give\ningress to students of the school, to the general public attending the\nplace of worship, and to patrons or guests of the premises licensed and\noperating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle or of the premises sought to be licensed, except that where a\nschool or house of worship or premises licensed and operating pursuant\nto this section and sections sixty-four, sixty-four-a, sixty-four-b,\nsixty-four-c, and/or sixty-four-d of this article or the premises sought\nto be licensed is set back from a public thoroughfare, the walkway or\nstairs leading to any such door shall be deemed an entrance; and the\nmeasurement shall be taken to the center of the walkway or stairs at the\npoint where it meets the building line or public thoroughfare. A door\nwhich has no exterior hardware, or which is used solely as an emergency\nor fire exit, or for maintenance purposes, or which leads directly to a\npart of a building not regularly used by the general public or patrons,\nis not deemed an "entrance".\n  (e) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, the authority may issue a license pursuant to this section\nfor a premises which shall be within five hundred feet of an existing\npremises licensed and operating pursuant to the provisions of this\nsection or within five hundred feet of three or more existing premises\nlicensed and operating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle if, after consultation with the municipality or community board,\nit determines that granting such license would be in the public\ninterest. Before it may issue any such license, the authority shall\nconduct a hearing, upon notice to the applicant and the municipality or\ncommunity board, and shall state and file in its office its reasons\ntherefor. The hearing may be rescheduled, adjourned or continued, and\nthe authority shall give notice to the applicant and the municipality or\ncommunity board of any such rescheduled, adjourned or continued hearing.\nBefore the authority issues any said license, the authority or one or\nmore of the commissioners thereof may, in addition to the hearing\nrequired by this paragraph, also conduct a public meeting regarding said\nlicense, upon notice to the applicant and the municipality or community\nboard. The public meeting may be rescheduled, adjourned or continued,\nand the authority shall give notice to the applicant and the\nmunicipality or community board of any such rescheduled, adjourned or\ncontinued public meeting. Notice to the municipality or community board\nshall mean written notice mailed by the authority to such municipality\nor community board at least fifteen days in advance of any hearing\nscheduled pursuant to this paragraph. Upon the request of the authority,\nany municipality or community board may waive the fifteen day notice\nrequirement. No premises having been granted a license pursuant to this\nsection shall be denied a renewal of such license upon the grounds that\nsuch premises are within five hundred feet of an existing premises\nlicensed and operating pursuant to the provisions of this section or\nwithin five hundred feet of a building or buildings wherein three or\nmore premises are licensed and operating pursuant to this section and\nsections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, and/or\nsixty-four-d of this article.\n  (f) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: (i) the conduct of\nlegally authorized games of bingo or other games of chance held as a\nmeans of raising funds for the not-for-profit religious organization\nwhich conducts services at the place of worship or for other\nnot-for-profit organizations or groups; use of the building for\nfund-raising performances by or benefitting the not-for-profit religious\norganization which conducts services at the place of worship or other\nnot-for-profit organizations or groups; (ii) the use of the building by\nother religious organizations or groups for religious services or other\npurposes; the conduct of social activities by or for the benefit of the\ncongregants; the use of the building for meetings held by organizations\nor groups providing bereavement counseling to persons having suffered\nthe loss of a loved one, or providing advice or support for conditions\nor diseases including, but not limited to, alcoholism, drug addiction,\ncancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease;\n(iii) the use of the building for blood drives, health screenings,\nhealth information meetings, yoga classes, exercise classes or other\nactivities intended to promote the health of the congregants or other\npersons; and (iv) use of the building by non-congregant members of the\ncommunity for private social functions. The building occupied as a place\nof worship does not cease to be "exclusively" occupied as a place of\nworship where the not-for-profit religious organization occupying the\nplace of worship accepts the payment of funds to defray costs related to\nanother party's use of the building.\n  8. All other provisions of this chapter relative to licenses to sell\nliquor at retail for consumption on the premises shall apply as far as\napplicable.\n  9. For purposes of this section, for-profit club licensees as\nauthorized herein shall be responsible for any violations of this\nchapter or the rules of the authority occurring while the license is in\neffect.  Liability under the provisions of sections 11-100 and 11-101 of\nthe general obligations law shall accrue to the licensee.\n  10. All for-profit club licensees shall be subject to such rules and\nregulations by the authority as is deemed necessary and are in\nconformity with the provisions of this chapter.\n