Limit Gun Shops Near Schools

Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 18 to read as follows:

18. No license shall be granted for any gunsmith or dealer in firearms to operate:

(a) on the same street or avenue and within five hundred feet of a building occupied as a child day care or educational facility, or exclusively occupied as a place of worship; or

(b) in a city, town or village having a population of twenty thousand or more within five hundred feet of three or more existing gunsmiths or dealers in firearms licensed and operating pursuant to this section; and

(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 child day care or educational facility, or other place of worship or to the center of the nearest entrance of each such premises of existing gunsmiths or dealers in firearms licensed and operating pursuant to this section; except, however, 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 five hundred feet of said premises has been occupied as a child day care or educational facility, or exclu-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04686-01-9

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sively occupied as a 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 gunsmiths or dealers in firearms licensed and operating pursuant to this section, at which a license under this chapter has been in existence continuously on or prior to November first, two thousand nineteen.

(d) Within the context of this subdivision, the word "entrance" shall mean a door regularly used to give ingress to a child day care or educational facility, a house of worship, premises licensed and operating pursuant to this section by a gunsmith or dealer in firearms or of the premises sought to be licensed. Where a child day care or educational facility, a house of worship, or premises licensed and operating pursuant to this section by a gunsmith or dealer in firearms 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) Within the context of this subdivision, a "child day care or educational facility" means (i) in or on or within any building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center as such term is defined in paragraph (c) of subdivision one of section three hundred ninety of the social services law, or nursery, pre-kindergarten or kindergarten, or (ii) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such facility. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

(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

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to be "exclusively" occupied as a place of worship where the not-forprofit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another party's use of the building.

(g) Notwithstanding the provisions of paragraph (b) of this subdivision, 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 may be issued if, after consultation with the municipality or community board, it determines that granting such license would be in the public interest. Before such license is issued, a hearing shall be conducted, upon notice to the applicant and the municipality or community board, and shall state its reasons therefor. The hearing may be rescheduled, adjourned or continued, and notice shall be given to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before any said license is issued, in addition to the hearing required by this paragraph, a public meeting regarding said license shall be conducted, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and notice shall be given 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 to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. 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 a building or buildings wherein three or more premises are licensed and operating pursuant to this section.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.