What's happening
This bill allows a retail liquor license for on-premises consumption within 200 feet of a school, church, or place of worship in a specified area of Buffalo, Erie County.
Why it matters
Expands opportunities for new businesses. By allowing a liquor license within 200 feet of a school, church, or place of worship in a specific area, the bill could encourage new restaurants or bars to open in this zone, potentially boosting local economic activity and revitalization.
Overrides longstanding restrictions. The law carves out an exception to New York’s traditional 200-foot rule, which typically aims to keep alcohol sales away from schools and religious institutions. This shift may prompt debate about balancing community standards with commercial interests.
Specifically targets a tightly defined area. The exception applies only to a uniquely described parcel in Buffalo, not citywide or statewide, suggesting it’s likely designed for a particular property or planned project, rather than a broader policy change.
May set a precedent for future exceptions. Passing such narrowly tailored exemptions could encourage similar requests from other neighborhoods or cities, potentially weakening the uniformity of the 200-foot rule over time.
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Who cares
Headline styles
Alcohol Sales Near School Exempt
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A10707
- Ordered to third reading cal.998
- Referred to rules
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 Alcohol Sales Near School
Signed by Governor · Sponsor Crystal Peoples-Stokes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8662
IN SENATE
July 1, 2020
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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. Paragraph (e-11) of subdivision 7 of section 64 of the alcoholic beverage control law, as added by chapter 280 of the laws of 2019, is amended 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 school, 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 Erie, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, and bounded and described as follows: being part of Lot number seventy-one (71), Township eleven (11), Range eight (8) of the Holland Land Company's survey and in a subdivision of part of said lots 71 and 72, made for Main Street Land and Improvement Co., by C.F. Witmer, surveyor, a map of which subdivision is on file in Erie County Clerk's Office under Cover 292. This premises herby conveyed being designated as subdivision lot No. thirtynine (39) in Block "C" and bounded and described as follows:
BEGINNING at a point in the westerly line of Main Street thirty-six and one-half (36-1/2) feet northerly from its intersection with the northerly line of Heath Street (formerly Morton Street). Running thence northerly along said line of Main Street thirty-six and one-half (36-1/2) feet; thence westerly at right angles with said line of Main Street to a sixteen (16) foot alley; thence southerly along the easterly line of said alley to a point where a line drawn at right angles with said line of Main Street would intersect said line of Main Street at the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16813-01-0
S. 8662 2
place of beginning and thence easterly at right angles with Main Street to the said line of Main Street at the place of beginning.
§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of chapter 280 of the laws of 2019.
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
The purpose of this bill is to allow an establishment in the city of Buffalo, Shango Bistro and Wine Bar, to be eligible to be issued a retail liquor license despite being located within two hundred feet of a religious institution and school.
Summary of provisions
Section 1 amends Subdivision 7 of section 64 of the alcoholic beverage control law, as added by chapter 280 of the laws of 2019, to authorize the State Liquor Authority to 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 school, 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 Erie. Section one also describes the bounds of said property, which is the Shango Bistro and Wine Bar located at 3260 Main St. in the city of Buffalo.
Section 2 provides for an immediate effective date and shall be deemed to have been in full force and effect on and after the effective date of chapter 280 of 2019.
Justification
Subdivision 7 of Section 64 of the Alcoholic Beverage Control Law states: "No retail license for on-premises consumption shall be granted for any premises which shall be (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship."
In certain instances where the affected school, church, synagogue or other place of worship is not opposed to a neighboring establishment being granted an on premise liquor license, the legislature has approved an exemption from the "200 Foot Rule."
Shango Bistro and Wine Bar is a well-respected family owned business. Its neighboring church and school supports Shango's efforts to obtain a full liquor license. It is appropriate that they be granted an exemption to the Alcoholic Beverage Control Law's "200 Foot Rule" to allow this respected and responsible business an opportunity to grow and offer customers additional menu options.
Prior legislative history
This is a new bill
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of chapter 280 of 2019.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.