What's happening
This bill allows liquor licenses to be issued to certain businesses within 200 feet of schools or places of worship if local approval is granted in municipalities under one million people.
Why it matters
Empowers Local Governments. By requiring a local law or resolution supporting each application, the bill gives municipal governments direct control over whether liquor licenses can be granted near schools or places of worship, reflecting local values and concerns.
Economic Development for Small Communities. The bill specifically targets municipalities with populations under one million, potentially helping smaller towns and cities attract or retain restaurants, lodging facilities, and other hospitality businesses that might otherwise be excluded by the current blanket restriction.
Focus on Commercial Zones. Only premises located in commercial retail zones where liquor sales are already allowed can qualify, ensuring that the change is limited to areas already designated for business activity and reducing the risk of unintended impacts in residential neighborhoods.
Maintains Public Input. By making each exception contingent on local government approval, the bill preserves an avenue for community members and stakeholders to have their voices heard regarding the appropriateness of liquor licenses in sensitive areas.
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Who cares
Headline styles
Allow Liquor Near Schools
Plain English, a few words. Used as the page title.
Sponsors
5 Co-sponsors
2 Multi-sponsors
History
- Enacting clause stricken
- Referred to economic development
- Referred to economic development
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2083
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SKARTADOS, MONTESANO, LALOR, GOTTFRIED, BICHOTTE, PALMESANO -- Multi-Sponsored by -- M. of A. COOK, CROUCH, KEARNS -read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to allowing liquor licenses to be issued to certain premises within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 105 of the alcoholic beverage control law is amended by adding a new paragraph (d) to read as follows:
(d) Notwithstanding the provisions 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:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 2. Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-9) to read as follows:
(e-9) Notwithstanding the provisions 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01538-01-7
A. 2083 2
occupied exclusively as a school, church, synagogue or other place of worship, provided:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 3. Subdivision 7 of section 64-a of the alcoholic beverage control law is amended by adding a new paragraph (c-4) to read as follows:
(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:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 4. Subdivision 5 of section 64-b of the alcoholic beverage control law is amended by adding a new paragraph (c-1) to read as follows:
(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:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 5. Subdivision 11 of section 64-c of the alcoholic beverage control law is amended by adding a new paragraph (c-1) to read as follows:
(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:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
A. 2083 3
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 6. Subdivision 8 of section 64-d of the alcoholic beverage control law is amended by adding a new paragraph (g) to read as follows:
(g) Notwithstanding the provisions 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:
(i) 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;
(ii) such premises is wholly located within a municipality having a population of less than one million people;
(iii) such premises is located in a commercial retail zone that permits the sale of liquor; and
(iv) the governing body of the municipality enacts a local law or resolution in support of the application for the license.
§ 7. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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