§ 64-D — License to sell liquor on premises commonly known as a cabaret

New York § 64-D

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

Text

§ 64-d. License to sell liquor on premises commonly known as a\ncabaret. 1. Any person may make an application to the state liquor\nauthority to operate a cabaret.\n 2. Such application shall be in such form and shall contain such\ninformation as shall be required by the liquor authority and shall be\naccompanied by a check or draft in the amount required by this article\nfor such license.\n 4. Section fifty-four of this chapter shall control so far as\napplicable the procedure in connection with such application.\n 5. Such cabaret license shall in form and in substance be a license to\nthe person specifically licensed to operate a cabaret and sell liquor at\nretail to be consumed on the premises specifically licensed. Such\nlicense shall also be deemed to include a license to sell wine and beer\nat retail to be consumed under the same terms and conditions, without\nthe payment of any additional fee.\n 6. A license under this section shall be required of any licensee upon\nwhose premises musical entertainment, singing, dancing or other forms of\nentertainment is permitted; provided, however, that this section shall\nonly apply to licensees whose premises have a capacity for the\nassemblage of six hundred or more persons. Nothing contained in this\nsubdivision shall be construed as requiring a license under this section\nby an establishment licensed under section sixty-four or paragraph (b)\nof subdivision six of section sixty-four-a of this article.\n 7. The authority shall consider all of the following in determining\nwhether public convenience and advantage and the public interest will be\npromoted by the granting of a license pursuant to this section:\n (a) the number, classes and character of licenses in proximity to the\nlocation and in the particular municipality or subdivision thereof;\n (b) evidence that applicants have secured all necessary licenses and\npermits from the state and all other governing bodies;\n (c) the effect that the granting of the license will have on vehicular\ntraffic and parking in the proximity of the location;\n (d) the existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises;\n (e) the history of liquor violations and reported criminal activity at\nthe proposed premises; and\n (f) any other factors specified by law or regulation that are relevant\nto determine the public convenience or advantage and necessary to find\nthat the granting of such license shall be in the public interest.\n 8. No cabaret license shall be granted for any premises which shall\nbe:\n (a) 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 (b) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of an existing premises licensed and\noperating pursuant to the provisions of this section, or within five\nhundred feet of three or more existing premises licensed and operating\npursuant to this section and sections sixty-four, sixty-four-a,\nsixty-four-b, and/or sixty-four-c of this article.\n (c) the measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school, church, synagogue or other place of worship or to the\ncenter of the nearest entrance of each such premises licensed and\noperating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, and/or sixty-four-c 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 an existing\npremises licensed and operating pursuant to the provisions of this\nsection or which is within five hundred feet of three or more existing\npremises licensed and operating pursuant to this section and sections\nsixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this\narticle, at which a license under this chapter has been in existence\ncontinuously 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 (d) 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-a, sixty-four-b, and/or sixty-four-c 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-a,\nsixty-four-b, and/or sixty-four-c 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-a, sixty-four-b, and/or sixty-four-c 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 (e) notwithstanding the provisions of paragraph (b) of this\nsubdivision, the authority may issue a license pursuant to this section\nfor a premises which shall be within five hundred feet of an existing\npremises licensed and operating pursuant to the provisions of this\nsection or within five hundred feet of three or more existing premises\nlicensed and operating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,\nafter consultation with the municipality or community board, it\ndetermines that granting such license would be in the public interest.\nBefore it may issue any such license, the authority shall conduct a\nhearing, upon notice to the applicant and the municipality or community\nboard, and shall state and file in its office its reasons therefor. The\nhearing may be rescheduled, adjourned or continued, and the authority\nshall give notice to the applicant and the municipality or community\nboard of any such rescheduled, adjourned or continued hearing. Before\nthe authority issues any said license, the authority or one or more of\nthe commissioners thereof may, in addition to the hearing required by\nthis paragraph, also conduct a public meeting regarding said license,\nupon notice to the applicant and the municipality or community board.\nThe public meeting may be rescheduled, adjourned or continued, and the\nauthority shall give notice to the applicant and the municipality or\ncommunity board of any such rescheduled, adjourned or continued public\nmeeting. Notice to the municipality or community board shall mean\nwritten notice mailed by the authority to such municipality or community\nboard at least fifteen days in advance of any hearing scheduled pursuant\nto this paragraph. Upon the request of the authority, any municipality\nor community board may waive the fifteen day notice requirement. No\npremises having been granted a license pursuant to this section shall be\ndenied a renewal of such license upon the grounds that such premises are\nwithin five hundred feet of an existing premises licensed and operating\npursuant to the provisions of this section or within five hundred feet\nof a building or buildings wherein three or more premises are licensed\nand operating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, and/or sixty-four-c of this article.\n (f) 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 9. On or within ninety days of the effective date of this section, any\nperson who holds a license under section sixty-four of this article to\nsell beer, wine and liquor at retail for consumption on the premises and\nwho operates pursuant to the provisions of subdivision six of this\nsection shall file an application with the liquor authority to convert\nsuch license into a license under this section. Such an application\nshall be granted by the authority except for good cause shown. The\ngranting of such an application shall constitute conversion of said\nlicense into a cabaret license subject to the provisions of this chapter\napplicable to cabaret licenses issued under this section; provided,\nhowever, that no licensee applying for such conversion shall be denied\non the grounds that such application fails to meet the requirements of\nsubdivision eight of this section.\n 10. All other provisions of this chapter relative to licenses to sell\nliquor at retail for consumption on the premises shall apply as far as\napplicable.\n