NY Alcoh Bev Ctrl L § 64-D (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 5 - Special Provisions Relating to Liquor 64-D - License to Sell Liquor on Premises Commonly Known as a Cabaret.

§  64-d.  License  to  sell  liquor  on  premises  commonly known as a cabaret.  1. Any person may make an  application  to  the  state  liquor authority to operate a cabaret.   2.  Such  application  shall  be  in  such form and shall contain such information as shall be required by 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  of  this  chapter  shall  control  so  far  as applicable the procedure in connection with such application.   5. Such cabaret license shall in form and in substance be a license to the person specifically licensed to operate a cabaret and 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. A license under this section shall be required of any licensee upon whose premises musical entertainment, singing, dancing or other forms of entertainment is permitted; provided, however, that this  section  shall only  apply  to  licensees  whose  premises  have  a  capacity  for  the assemblage of six hundred or more persons.  Nothing  contained  in  this subdivision shall be construed as requiring a license under this section by  an  establishment licensed under section sixty-four or paragraph (b) of subdivision six of section sixty-four-a of this article.   7. The authority shall consider all of the  following  in  determining whether public convenience and advantage and the public interest will be promoted by the granting of a license pursuant to this section:  (a)  the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;  (b) evidence that applicants have secured all necessary  licenses  and permits from the state and all other governing bodies;  (c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;  (d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;  (e) the history of liquor violations and reported criminal activity at the proposed premises; and  (f) any other factors specified by law or regulation that are relevant to  determine  the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.   8. No cabaret license shall be granted for any  premises  which  shall be:  (a)  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  (b)  in a city, town or village having a population of twenty thousand or more within five hundred feet of an existing  premises  licensed  and operating  pursuant  to  the  provisions of this section, or within five hundred feet of three or more existing premises licensed  and  operating pursuant   to   this  section  and  sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.  (c) the measurements in paragraphs (a) and (b) of this subdivision 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-a,  sixty-four-b, and/or sixty-four-c 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 an existing premises  licensed  and  operating  pursuant  to  the provisions of this section or 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-a,  sixty-four-b,  and/or  sixty-four-c  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.  (d)  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-a, sixty-four-b, and/or sixty-four-c 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-a, sixty-four-b, and/or sixty-four-c 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-a,  sixty-four-b,  and/or  sixty-four-c  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".  (e)  notwithstanding  the  provisions  of  paragraph   (b)   of   this subdivision,  the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet  of  an  existing premises  licensed  and  operating  pursuant  to  the provisions of this section or within five hundred feet of three or more  existing  premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  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.  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.  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.  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 an existing premises licensed and operating pursuant to the provisions of this section or 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-a, sixty-four-b, and/or sixty-four-c of this article.  (f)  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.   9. On or within ninety days of the effective date of this section, any person  who  holds a license under section sixty-four of this article to sell beer, wine and liquor at retail for consumption on the premises and who operates pursuant to the  provisions  of  subdivision  six  of  this section  shall  file an application with the liquor authority to convert such license into a license under  this  section.  Such  an  application shall  be  granted  by  the  authority  except for good cause shown. The granting of such an application  shall  constitute  conversion  of  said license into a cabaret license subject to the provisions of this chapter applicable  to  cabaret  licenses  issued  under this section; provided, however, that no licensee applying for such conversion shall  be  denied on  the  grounds that such application fails to meet the requirements of subdivision eight of this section.   10. All other provisions of this chapter relative to licenses to  sell liquor  at  retail for consumption on the premises shall apply as far as applicable.