Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge

Summary of specific provisions

Section 1. Subdivision 7 of section 64-a of the alcoholic beverage control law is amended by adding a new paragraph (c-2) to read as follows:

(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 prem- ises 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 comer of said foundation wall and on a continuation of said line along the Hotel foun- dation; thence at an approximate right angle in a northeasterly direc- tion along a line parallel to and six (6) feet distance from the founda- tion wall on the "ell" of the Hotel to a point six (6) feet distance from the foundation wall of the main building of the Hotel, fourteen (14) feet; thence again at a right angle in an approximately north-wes- terly direction on a line parallel to and six (6) feet distance 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 comer 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.

Justification

This establishment at 4 North Main Street in the town of Bainbridge has operated as a tavern and restaurant since 1793 and is a landmark in the community. In a 2009 sale, it was closed for three months for reno- vations. In applying for a new license it was found to be less than two hundred feet from the United Methodist Church and could not be "grandfa- thered" because of the three months closure. The church recognizes its landmark status and has no problem with the granting of a liquor license.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.