Alcoholic Beverage Control - Special Provisions Relating to Liquor - License to sell liquor on premises commonly known as a cabaret


Published: 2014-09-22

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§ 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.