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History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Full text
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Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to the siting of certain premises licensed to sell liquor for consumption on the premises
Purpose
To amend the State Liquor Authority's regulations relating to the 200- and 500-foot rule's originating measuring point for a proposed on-premise liquor establishment. This legislation seeks to change the current starting point from 'between the commonly-used entryways' to 'the establishment's property line closest to the nearest entrance of the a) school or place of worship (200 foot rule) or b) 3 other on-premise liquor establishments (500 foot rule)'. This legislation would only apply to businesses established after the enactment of this bill.
Summary of provisions
This bill amends the Alcoholic Beverage Control Law: Sec. 64 (7) (c), (d); Sec. 64-a (7) (a), (b); Sec. 64-b (5) (a); Sec. 64-c (11) (a), (b) and Sec. 105 (3) (a), (b).
Sec. 64-d (8) (c) states: "The measurements in paragraphs (a) and (b) of this subdivision shall be taken in accordance with the provisions of subdivision seven of section sixty-four of this article" and, therefore, was not necessary to specifically revise.
Justification
A business establishment that is seeking an on-premise liquor license must have its commonly-used entrance either 200 feet from a school, church, synagogue or other place of worship or 500 feet from 3 other establishments otherwise the application can be denied, pending a public hearing by the State Liquor Authority. Applicants have gotten around this regulation by creating a new or additional entryway that falls within the guidelines of the law, and then, upon receiving a license, returning to using the entryway that does not comply with the law. This bill closes the loophole by repositioning the originating measuring point to the applicant's property line closest to the school, church, synagogue or house of worship or three on-premise liquor establishments. This legislation would only apply to businesses established or changed after the enactment of this bill.
Fiscal implications
None to the State
Prior legislative history
A2840 (Millman) passed the Assembly in the current Session.
Effective date
December 31, 2009.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.