2023 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.