§ 64-A — Special license to sell liquor at retail for consumption on the premises

New York § 64-A

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 5: Special Provisions Relating to Liquor

Text

§ 64-a. Special license to sell liquor at retail for consumption on\nthe premises. 1. On or before September first, nineteen hundred\nsixty-nine, any license issued under section sixty-four of this article\nmay be converted into a special on-premises license under this section\nupon the granting of a request for conversion filed with the liquor\nauthority by the holder of said license. Such a request shall be granted\nby the authority except for good cause shown. The granting of such a\nrequest shall constitute conversion of said license into a special\non-premises license subject to the provisions of this chapter applicable\nto special on-premises licenses issued under this section.\n 2. On or after October first, nineteen hundred sixty-four, any person\nmay make an application to the appropriate board for a special license\nto sell liquor at retail to be consumed on the premises where sold.\n 3. Such application shall be in such form and shall contain such\ninformation as shall be required by the rules of the liquor authority\nand shall be accompanied by a check or draft in the amount required by\nthis article for such license.\n 4. Section fifty-four shall control so far as applicable the procedure\nin connection with such application.\n 5. Such special license shall in form and in substance be a license to\nthe person specifically licensed to sell liquor at retail to be consumed\non the premises specifically licensed. Such license shall also be deemed\nto include a license to sell wine and beer at retail to be consumed\nunder the same terms and conditions, without the payment of any\nadditional fee.\n * 6. No special on-premises license shall be granted except for\npremises in which the principal business shall be (a) the sale of food\nor beverages at retail for consumption on the premises or (b) the\noperation of a legitimate theatre, including a motion picture theatre\nthat is a building or facility which is regularly used and kept open\nprimarily for the exhibition of motion pictures for at least five out of\nseven days a week, or on a regular seasonal basis of no less than six\ncontiguous weeks, to the general public where all auditorium seating is\npermanently affixed to the floor and at least sixty-five percent of the\nmotion picture theatre's annual gross revenues is the combined result of\nadmission revenue for the showing of motion pictures and the sale of\nfood and non-alcoholic beverages, or such other lawful adult\nentertainment or recreational facility as the liquor authority, giving\ndue regard to the convenience of the public and the strict avoidance of\nsales prohibited by this chapter, shall by regulation classify for\neligibility.\n * NB Effective until April 20, 2027\n * 6. No special on-premises license shall be granted except for\npremises in which the principal business shall be (a) the sale of food\nor beverages at retail for consumption on the premises or (b) the\noperation of a legitimate theatre or such other lawful adult\nentertainment or recreational facility as the liquor authority, giving\ndue regard to the convenience of the public and the strict avoidance of\nsales prohibited by this chapter, shall by regulation classify for\neligibility. Nothing contained in this subdivision shall be deemed to\nauthorize the issuance of a license to a motion picture theatre, except\nthose meeting the definition of restaurant and meals, and where all\nseating is at tables where meals are served.\n * NB Effective April 20, 2027\n 7. (a) No special on-premises license shall be granted for any\npremises which shall be\n (i) 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 (ii) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of three or more existing premises\nlicensed and operating pursuant to this section and sections sixty-four,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article;\n (iii) the measurements in subparagraphs (i) and (ii) of this paragraph\nare to be taken in straight lines from the center of the nearest\nentrance of the premises sought to be licensed to the center of the\nnearest entrance of such school, church, synagogue or other place of\nworship or to the center of the nearest entrance of each such premises\nlicensed and operating pursuant to this section and sections sixty-four,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except\nthat no license shall be denied to any premises at which a license under\nthis chapter has been in existence continuously from a date prior to the\ndate when a building on the same street or avenue and within two hundred\nfeet of said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship; and except that no license shall be\ndenied to any premises, which is within five hundred feet of three or\nmore existing premises licensed and operating pursuant to this section\nand sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d\nof this article, at which a license under this chapter has been in\nexistence continuously on or prior to November first, nineteen hundred\nninety-three. The liquor authority, in its discretion, may authorize the\nremoval of any such licensed premises to a different location on the\nsame street or avenue, within two hundred feet of said school, church,\nsynagogue or other place of worship, provided that such new location is\nnot within a closer distance to such school, church, synagogue or other\nplace of worship.\n (b) 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-b, sixty-four-c, and/or sixty-four-d of this article or of\nthe premises sought to be licensed, regularly used to give ingress to\nstudents of the school, to the general public attending the place of\nworship, and to patrons or guests of the premises licensed and operating\npursuant to this section and sections sixty-four, sixty-four-b,\nsixty-four-c, and/or sixty-four-d of this article or of the premises\nsought to be licensed, except that where a school or house of worship or\npremises licensed and operating pursuant to this section and sections\nsixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle or the premises sought to be licensed is set back from a public\nthoroughfare, the walkway or stairs leading to any such door shall be\ndeemed an entrance; and the measurement shall be taken to the center of\nthe walkway or stairs at the point where it meets the building line or\npublic thoroughfare. A door which has no exterior hardware, or which is\nused solely as an emergency or fire exit, or for maintenance purposes,\nor which leads directly to a part of a building not regularly used by\nthe general public or patrons, is not deemed an "entrance".\n (c) Notwithstanding paragraph (a) of this subdivision, a special\non-premises license for a premises in which the principal business shall\nbe the operation of a legitimate theater by a corporation organized\npursuant to the not-for-profit corporation law may be granted\nnotwithstanding the proximity of such premises to any school, provided\nthat the availability of alcoholic beverages on such premises shall not\nbe advertised in any way at such premises in any manner visible from\nsuch street or avenue.\n (c-1) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises and/or an overnight lodging facility located wholly within the\nboundaries of the borough of Manhattan in the city and county of New\nYork, bounded and described as follows:\nBEGINNING at a point on the easterly side of 7th Avenue, distant 25 feet\nnortherly from the northeasterly corner of 7th Avenue and 132nd Street;\nRUNNING THENCE easterly parallel with the northerly side of 132nd Street\nand part of the distance of the distance through a party wall, 75 feet;\nTHENCE northerly parallel with 7th Avenue, 49 feet 11 inches; THENCE\nwesterly parallel with 132nd Street 75 feet to the easterly side of 7th\nAvenue; THENCE southerly along the easterly side of 7th Avenue, 49 feet\n11 inches to the point or place of BEGINNING, being the same premises\nlocated at 2247 Adam Clayton Powell, Jr. Boulevard (Seventh Avenue),\nblock 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC\nto AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven\nand recorded July seventh, two thousand seven in the Office of the City\nRegister, New York County as document number 2007071001657001.\n (c-2) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the town of Bainbridge,\ncounty of Chenango, bounded and described as follows:\n BEGINNING at an iron stake at the curb on the north side of North Main\nStreet, which stake is in a line with the edge of the concrete sidewalk\nin front of the Ireland Hardware Block; thence to the joint corner of\nsaid hardware block and the concrete post at the southwest corner of the\nCentral Hotel, twenty-seven (27) feet; thence along the foundation wall\nof said hotel forty (40) feet to an iron stake under a part of the\nIreland Hardware Store Building six (6) feet from the corner of said\nfoundation wall and on a continuation of said line along the Hotel\nfoundation; thence at an approximate right angle in a northeasterly\ndirection along a line parallel to and six (6) feet distant from the\nfoundation wall on the "ell" of the Hotel to a point six (6) feet\ndistant from the foundation wall of the main building of the Hotel,\nfourteen (14) feet; thence again at a right angle in an approximately\nnorth-westerly direction on a line parallel to and six (6) feet distant\nfrom the foundation wall of said Hotel building forty-three (43) feet to\nan iron stake; thence in a northeasterly direction on a line from said\nstake touching the corner of the foundation wall to a point on the line\nof premises of the Vendor and premises now owned by Edward Danforth,\nknown as the Danforth Block; thence in a southeasterly direction along\nsaid boundary line between said premises, which line is believed to be\nnine (9) feet distant southwesterly from the foundation wall of said\nDanforth Block, to the curb line; thence along said curb line in a\nsouthwesterly direction to the point or place of beginning.\n Being known and designated on the Chenango County Tax Map for the\nVillage and Town of Bainbridge as parcel 265.11-2-15 as said tax map was\non the 15th day of June 2010.\n (c-3) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises and/or an overnight lodging facility located wholly within the\nboundaries of the borough of Manhattan in the city and county of New\nYork, bounded and described as follows:\nBEGINNING at the intersection formed by the easterly side of Fifth\nAvenue and the southerly side of East 117th Street; and\nRUNNING THENCE easterly along the southerly side of East 117th Street,\n110 feet 0 inches;\nTHENCE southerly at right angles to the last mentioned course, 100 feet\n11 inches;\nTHENCE westerly at right angles to the last mentioned course, 110 feet 0\ninches at right angles to the easterly side of Fifth Avenue;\nTHENCE northerly along the easterly side of Fifth Avenue at right angles\nto the last mentioned course, 100 feet 11 inches to the point or place\nof BEGINNING.\nBeing known and designated on the Tax Map of The City of New York, for\nthe Borough of Manhattan, as Section 6, Block 1622 Lot 73 as said Tax\nMap was on the 26th day of November 1974.\n (c-4) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the city of Binghamton,\ncounty of Broome, bounded and described as follows:\n ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,\nCounty of Broome, State of New York, more particularly bounded and\ndescribed as follows:\n BEGINNING at the intersection of the east line of Front Street and the\nsouth line of Main Street; thence easterly along the south line of Main\nStreet making an interior angle of 100Á 54' with the east line of Front\nStreet a distance of 35.36 feet to a point in the center line of a\nformer ten-foot right of way; thence southerly making an interior angle\nof 79Á 15' with the last course a distance of 107 feet to a point in the\nnorth line of an alley; thence westerly along the north line of said\nalley and making an interior angle of 90Á 07' with the last course a\ndistance of 35 feet to a point in the east line of Front Street; thence\nnortherly along said east line of Front Street and making an interior\nangle of 89Á 44' with the last course a distance of 100.46 feet to the\npoint of beginning. Hereby intending to describe the premises commonly\nknown as 11 Main Street.\n (c-5) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the city of Binghamton,\ncounty of Broome, bounded and described as follows:\n All that tract or parcel of land, situate in the City of Binghamton,\nCounty of Broome and State of New York, on the west side of the Chenango\nRiver at the west end of the Court Street Bridge, and bounded and\ndescribed as follows: Commencing at the southeasterly corner of premises\nconveyed by Harry Smolensky and Anna Smolensky to Guilio Mattioli and\nAnthony F. Mattioli, Sr. by Full Covenant Deed dated February 28th, 1963\nand recorded in the Broome County Clerk's office in Book 1063 of Deeds\nat page 731 and running thence northerly along the easterly line of\npremises so conveyed in a straight line to lands formerly the homestead\nproperty of Benjamin F. Sisson, the southerly part of which is the third\nparcel of land described in a Warranty Deed from Archie S. Beers by\nRoland F. Beers, his attorney in fact to Arthur Kradjian and Kenneth\nKradjian dated April 18, 1967 and recorded in the Broome County Clerk's\noffice in Book 1119 of Deeds at page 737; thence in an easterly\ndirection along the south line of the said premises formerly of Arthur\nKradjian and Kenneth Kradjian to the Chenango River; thence southerly\nalong the westerly bank of the Chenango River as it winds and turns to\nthe north side of Main Street; thence in a westerly direction along the\nnorth side of said Main Street to the point or place of beginning.\n (c-6) Notwithstanding the provisions of subparagraph (i) of paragraph\n(a) of this subdivision, the authority may issue a retail license for\non-premises consumption for a premises which shall be within two hundred\nfeet of a building occupied exclusively as a school, church, synagogue\nor other place of worship, provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the city of Binghamton,\ncounty of Broome, bounded and described as follows:\n All that tract or parcel of land situate in the City of Binghamton,\nCounty of Broome and State of New York, being a strip of land twelve\n(12) feet wide, front and rear taken off the entire southerly side of\npremises described in 1936 as follows: All that tract or parcel of land\nsituate in the City of Binghamton, County of Broome and State of New\nYork, and being the homestead property of Benjamin F. Sisson, deceased,\nsituate on the east side of Front Street in said city and being about\neighty-seven (87) feet wide front on Front Street and extending to the\nChenango River and bounded as follows: on the north by lands of Carrie\nM. Waldron (formerly owned by Charles D. Rogers), on the south by lands\nof Conine & Gleason, C. F. & W. W. Sisson, Ida R. Buckingham and James\nW. Lyon; on the east by the Chenango River and on the west by Front\nStreet, and including all the lands conveyed to Benjamin F. Sisson by\nthree deeds, to wit: one from the Village of Binghamton dated April 10,\n1867 and recorded in the Broome County Clerk's office in Book 74 of\nDeeds at page 125; one from Sarah R. Graves and Herman W. Graves dated\nJuly 9, 1875 and recorded in the Broome County Clerk's office in Book 93\nof Deeds at page 174; and one from Charles D. Rogers and wife dated July\n9, 1875 and recorded in the Broome County Clerk's office in Book 98 of\nDeed at page 369 and also includes the northerly part of lands conveyed\nto Benjamin F. Sisson by John S. Wells and wife by deed dated June 28,\n1853 and recorded in the Broome County Clerk's office in Book 39 of\nDeeds at page 401 and 402 to all of which deed reference is had.\n (d) Notwithstanding the provisions of subparagraph (ii) of paragraph\n(a) of this subdivision, the authority may issue a license pursuant to\nthis section for a premises which shall be within five hundred feet of\nthree or more existing premises licensed and operating pursuant to this\nsection and sections sixty-four, sixty-four-b, sixty-four-c, and/or\nsixty-four-d of this article if, after consultation with the\nmunicipality or community board, it determines that granting such\nlicense would be in the public interest. Before it may issue any such\nlicense, the authority shall conduct a hearing, upon notice to the\napplicant and the municipality or community board, and shall state and\nfile in its office its reasons therefor. Notice to the municipality or\ncommunity board shall mean written notice mailed by the authority to\nsuch municipality or community board at least fifteen days in advance of\nany hearing scheduled pursuant to this paragraph. Upon the request of\nthe authority, any municipality or community board may waive the fifteen\nday notice requirement. The hearing may be rescheduled, adjourned or\ncontinued, and the authority shall give notice to the applicant and the\nmunicipality or community board of any such rescheduled, adjourned or\ncontinued hearing. Before the authority issues any said license, the\nauthority or one or more of the commissioners thereof may, in addition\nto the hearing required by this paragraph, also conduct a public meeting\nregarding said license, upon notice to the applicant and the\nmunicipality or community board. The public meeting may be rescheduled,\nadjourned or continued, and the authority shall give notice to the\napplicant and the municipality or community board of any such\nrescheduled, adjourned or continued public meeting. No premises having\nbeen granted a license pursuant to this section shall be denied a\nrenewal of such license upon the grounds that such premises are within\nfive hundred feet of a building or buildings wherein three or more\npremises are licensed and operating pursuant to this section and\nsections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of\nthis article.\n (e) 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: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious organization\nwhich conducts services at the place of worship or other not-for-profit\norganizations or groups; the use of the building by other religious\norganizations or groups for religious services or other purposes; the\nconduct of social activities by or for the benefit of the congregants;\nthe use of the building for meetings held by organizations or groups\nproviding bereavement counseling to persons having suffered the loss of\na loved one, or providing advice or support for conditions or diseases\nincluding, but not limited to, alcoholism, drug addiction, cancer,\ncerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of\nthe building for blood drives, health screenings, health information\nmeetings, yoga classes, exercise classes or other activities intended to\npromote the health of the congregants or other persons; and use of the\nbuilding by non-congregant members of the community for private social\nfunctions. The building occupied as a place of worship does not cease to\nbe "exclusively" occupied as a place of worship where the not-for-profit\nreligious organization occupying the place of worship accepts the\npayment of funds to defray costs related to another party's use of the\nbuilding.\n * 8. Every special on-premises licensee shall regularly keep food\navailable for sale to its customers for consumption on the premises. The\navailability of sandwiches, soups or other foods, whether fresh,\nprocessed, pre-cooked or frozen, shall be deemed compliance with this\nrequirement. For motion picture theatres licensed under paragraph (b) of\nsubdivision six of this section, food that is typically found in a\nmotion picture theatre, including but not limited to: popcorn, candy,\nand light snacks, shall be deemed to be in compliance with this\nrequirement. The licensed premises shall comply at all times with all\nthe regulations of the local department of health. Nothing contained in\nthis subdivision, however, shall be construed to require that any food\nbe sold or purchased with any liquor, nor shall any rule, regulation or\nstandard be promulgated or enforced requiring that the sale of food be\nsubstantial or that the receipts of the business other than from the\nsale of liquor equal any set percentage of total receipts from sales\nmade therein.\n * NB Effective until April 20, 2027\n * 8. Every special on-premises licensee shall regularly keep food\navailable for sale to its customers for consumption on the premises. The\navailability of sandwiches, soups or other foods, whether fresh,\nprocessed, pre-cooked or frozen, shall be deemed compliance with this\nrequirement. The licensed premises shall comply at all times with all\nthe regulations of the local department of health. Nothing contained in\nthis subdivision, however, shall be construed to require that any food\nbe sold or purchased with any liquor, nor shall any rule, regulation or\nstandard be promulgated or enforced requiring that the sale of food be\nsubstantial or that the receipts of the business other than from the\nsale of liquor equal any set percentage of total receipts from sales\nmade therein.\n * NB Effective April 20, 2027\n * 9. In the case of a motion picture theatre applying for a license\nunder this section, any municipality required to be notified under\nsection one hundred ten-b of this chapter may express an opinion with\nrespect to whether the application should be approved, and such opinion\nmay be considered in determining whether good cause exists to deny any\nsuch application.\n * NB Effective until April 20, 2027\n * 9. The liquor authority may make such rules as it deems necessary to\ncarry out the provisions of this section.\n * NB Effective April 20, 2027\n * 10. The liquor authority may make such rules as it deems necessary\nto carry out the provisions of this section.\n * NB Effective until April 20, 2027\n