NY Alcoh Bev Ctrl L § 64-A (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 5 - Special Provisions Relating to Liquor 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.  (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 100° 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 79° 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 90° 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  89° 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. 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.