What's happening
This bill allows a retail liquor license for on-premises consumption at a specific location in Binghamton, Broome County, even if it is within 200 feet of a place of worship.
Why it matters
Creates a location-specific exception to New York's "200-foot rule,". which normally prevents new liquor licenses within 200 feet of a place of worship. This signals a willingness to adjust statewide alcohol laws for unique, local circumstances, possibly benefiting economic development or revitalization efforts in that area.
Could set a precedent for other businesses or localities. seeking similar exceptions, potentially leading to more flexible application of alcohol laws in New York and affecting how communities balance economic activity with longstanding social or religious norms.
Highlights the importance of detailed property boundaries and historical agreements. the bill includes an exhaustive legal description of the property, emphasizing how legal land records and property rights play a crucial role in determining where exceptions can apply and how they are enforced.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Liquor License Near Church
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.430
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.289
- Substituted for A7665
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.958
Show 1 earlier action
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Liquor License Near Church
Assembly Floor Calendar · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5675
2019-2020 Regular Sessions
IN SENATE
May 10, 2019
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-11) to read as follows:
(e-11) 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 located within two hundred feet of a building occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Broome, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton, County of Broome, State of New York, bounded and described as follows:
BEGINNING at a point at the intersection of the northerly street boundary of Henry Street and the easterly street boundary of Water Street, at the southwesterly corner of the premises herein described;
THENCE N 17°-02'-44" E along said easterly street boundary of Water Street a distance of 96.66 feet to a point;
THENCE N 19°-42'-08" E along said easterly street boundary of Water Street a distance of 25.28 feet to a 5/8 inch rebar with plastic yellow cap marked "Jennings" found at the southwesterly corner of lands owned by the City of Binghamton as recorded in the Broome County Clerk's Office in Liber 549 at page 418;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11645-01-9
S. 5675 2
THENCE S 77°-19'-48" E along the southerly boundary of lands owned by said City of Binghamton a distance of 118.89 feet to a masonry nail found in the westerly boundary of lands owned by Samuel Diamond (Liber 1198, page 377);
THENCE S 17°-49'-47" W along said westerly boundary of lands owned by Diamond a distance of 14.00 feet to a 1/2 inch rebar found;
THENCE S 82°-36'-13" E along the southerly boundary of lands owned by said Diamond a distance of 5.06 feet to a point at the northwesterly corner of lands owned by Washington Building Management Company (Liber 1750, page 69);
THENCE S 15°-00'-17" W along the westerly boundary of lands owned by said Company a distance of 42.68 feet to a point;
THENCE, S 83°-53'-13" E along the southerly boundary of lands owned by said Company a distance of 28.00 feet to a point at the northwesterly corner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page 33) on the exterior face of a building wall;
THENCE, along the westerly boundary of lands owned by said Mitchell the following three courses:
1. S 11°-52'-47" W along said wall a distance of 33.68 feet to a point in a party building wall;
2. S 84°-51'-13" E along said party wall a distance of 7.57 feet to a point;
3. S 14°-48'-47" W along the centerline of a party building wall a distance of 35.26 feet to a point in said northerly street boundary of Henry Street;
THENCE N 77°-32'-37" W along said northerly street boundary of Henry Street a distance of 165.87 feet to the point of beginning as surveyed by Paul B. Koerts, Professional Land Surveyor on March 11, 1996. The bearings are referenced to record north for lands owned by said City of Binghamton (Liber 549, page 418).
Together with the following:
1. A right-of-way over the westerly 12.5 feet of so much of the premises described above as adjoins the premises formerly of Charles A. Wilkinson, now of Clare B. Risk, on the west (being the northerly 40 feet thereof, more or less), and adjoining the premises described above on the east, as granted in a deed from Charles A. Wilkinson, et al, to John Hull, Jr., et al, dated February 24, 1886 and recorded in the Broome County Clerk's Office on November 20, 1886 in Book 130 of Deeds at page 546.
2. The benefits contained in an agreement between Hull, Grummond & Co. and George F. O'Neil providing for the erection of a party wall recorded in the Broome County Clerk's Office on October 28, 1913 in Book 247 of Deeds at Page 313.
3. The benefits contained in an agreement between Mabel D. Eggleston and Hull-Grummond & Co., Inc. providing for the erection of a party wall recorded in the Broome County Clerk's Office on August 28, 1918 in Book 281 of Deeds at page 179.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises
Purpose or general idea of bill
This bill will authorize the issuing of retail liquor license to a busi- ness in the County of Broome that is within two hundred foot proximity of a religious institution.
Summary of provisions
Section 1: Subdivision 7 of section 64 of the alcoholic beverage 2 control law is amended by adding a new paragraph (e-11) to authorize the issuing of retail license for on-premises consumption for premises which shall be located within two hundred feet of a building occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for the sale of food or beverages at retail for consumption on the premises located wholly within the boundaries of the county of Broome.
Section 2: Provides for an immediate effective date.
Justification
Many communities in upstate New York have existing downtown infrastruc- tures that situate historic places of worship in the same proximity as various restaurants, cafes and bars. Under current New York State law, all establishments that serve alcohol may not be located within 200 feet of a place of religious worship.
The Lost Dog Cafe, located in the City of Binghamton, main entrance was located with 200 feet of a church, and in January 2017, was subsequently ordered closed and a former emergency exit was designated the new entrance. The Cafe has received numerous complaints from patrons because it is difficult to squeeze through the dining room from the new entrance with a cane or walker and the new entrance is further from the parking lot.
The Cafe is requesting a variance from the 200 foot rule and the neigh- boring Church is in support of their request.
Prior legislative history
This is new legislation.
Fiscal implications for state and local governments
This legislation will have no fiscal implications for State or Local governments
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.