Alcoholic Beverage Control - Special Provisions Relating to Liquor - Special license to sell liquor at retail for consumption on the premises


Published: 2017-07-14

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§ 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 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.

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 100Á 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 79Á 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 90Á 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 89Á 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. 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.

9. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.