2023 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, including a  motion  picture  theatre
that  is  a  building  or facility which is regularly used and kept open
primarily for the exhibition of motion pictures for at least five out of
seven days a week, or on a regular seasonal basis of no  less  than  six
contiguous  weeks, to the general public where all auditorium seating is
permanently affixed to the floor and at least sixty-five percent of  the
motion picture theatre's annual gross revenues is the combined result of
admission  revenue  for  the  showing of motion pictures and the sale of
food  and  non-alcoholic  beverages,  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.
* NB Effective until April 20, 2027
* 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.
* NB Effective April 20, 2027
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. For motion picture theatres licensed under paragraph (b) of
subdivision six of this section, food  that  is  typically  found  in  a
motion  picture  theatre,  including but not limited to: popcorn, candy,
and light snacks,  shall  be  deemed  to  be  in  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.
* NB Effective until April 20, 2027
* 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.
* NB Effective April 20, 2027
* 9. In the case of a motion picture theatre applying  for  a  license
under  this  section,  any  municipality  required  to be notified under
section one hundred ten-b of this chapter may express  an  opinion  with
respect  to whether the application should be approved, and such opinion
may be considered in determining whether good cause exists to  deny  any
such application.
* NB Effective until April 20, 2027
* 9. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
* NB Effective April 20, 2027
* 10.  The  liquor authority may make such rules as it deems necessary
to carry out the provisions of this section.
* NB Effective until April 20, 2027