Bill Text: NY A05624 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to extending the two hundred foot rule to certain treatment facilities for mental illness and chemical dependence operating under the mental hygiene law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to economic development [A05624 Detail]
Download: New_York-2021-A05624-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5624 2021-2022 Regular Sessions IN ASSEMBLY February 22, 2021 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to extending the two hundred foot rule to certain treatment facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (c), (d) and (e) of subdivision 7 of 2 section 64 of the alcoholic beverage control law, as amended by chapter 3 463 of the laws of 2009, are amended to read as follows: 4 (a) on the same street or avenue and within two hundred feet of a 5 building occupied exclusively as a school, church, synagogue or other 6 place of worship or as a treatment facility for individuals with mental 7 illness or chemical dependence operated pursuant to the mental hygiene 8 law or 9 (c) the measurements in paragraphs (a) and (b) of this subdivision are 10 to be taken in straight lines from the center of the nearest entrance of 11 the premises sought to be licensed to the center of the nearest entrance 12 of such school, church, synagogue or other place of worship or such 13 treatment facility for individuals with mental illness or chemical 14 dependence operated pursuant to the mental hygiene law or to the center 15 of the nearest entrance of each such premises licensed and operating 16 pursuant to this section and sections sixty-four-a, sixty-four-b, 17 sixty-four-c, and/or sixty-four-d of this article; except, however, that 18 no renewal license shall be denied because of such restriction to any 19 premises so located which were maintained as a bona fide hotel, restau- 20 rant, catering establishment or club on or prior to December fifth, 21 nineteen hundred thirty-three; and, except that no license shall be 22 denied to any premises at which a license under this chapter has been in 23 existence continuously from a date prior to the date when a building on 24 the same street or avenue and within two hundred feet of said premises 25 has been occupied exclusively as a school, church, synagogue or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03585-01-1A. 5624 2 1 place of worship or as a treatment facility; and except that no license 2 shall be denied to any premises, which is within five hundred feet of 3 three or more existing premises licensed and operating pursuant to this 4 section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or 5 sixty-four-d of this article, at which a license under this chapter has 6 been in existence continuously on or prior to November first, nineteen 7 hundred ninety-three; and except that this subdivision shall not be 8 deemed to restrict the issuance of a hotel liquor license to a building 9 used as a hotel and in which a restaurant liquor license currently 10 exists for premises which serve as a dining room for guests of the hotel 11 and a caterer's license to a person using the permanent catering facili- 12 ties of a church, synagogue or other place of worship pursuant to a 13 written agreement between such person and the authorities in charge of 14 such facilities. The liquor authority, in its discretion, may authorize 15 the removal of any such licensed premises to a different location on the 16 same street or avenue, within two hundred feet of said school, church, 17 synagogue or other place of worship or treatment facility, provided that 18 such new location is not within a closer distance to such school, 19 church, synagogue or other place of worship or such treatment facility. 20 (d) Within the context of this subdivision, the word "entrance" shall 21 mean a door of a school, of a house of worship, of a treatment facility 22 for individuals with mental illness or chemical dependence operated 23 pursuant to the mental hygiene law or of premises licensed and operating 24 pursuant to this section and sections sixty-four-a, sixty-four-b, 25 sixty-four-c, and/or sixty-four-d of this article or of the premises 26 sought to be licensed, regularly used to give ingress to students of the 27 school, to the general public attending the place of worship, to 28 patients and visitors of a treatment facility and to patrons or guests 29 of the premises licensed and operating pursuant to this section and 30 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 31 of this article or of the premises sought to be licensed, except that 32 where a school or house of worship or treatment facility or premises 33 licensed and operating pursuant to this section and sections 34 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 35 article or the premises sought to be licensed is set back from a public 36 thoroughfare, the walkway or stairs leading to any such door shall be 37 deemed an entrance; and the measurement shall be taken to the center of 38 the walkway or stairs at the point where it meets the building line or 39 public thoroughfare. A door which has no exterior hardware, or which is 40 used solely as an emergency or fire exit, or for maintenance purposes, 41 or which leads directly to a part of a building not regularly used by 42 the general public or patrons, is not deemed an "entrance". 43 (e) Notwithstanding the provisions of this chapter to the contrary, 44 the authority may issue a license to sell liquor at retail to be 45 consumed on premises to a club as such term is defined in subdivision 46 nine of section three of this chapter whether or not the building in 47 which the premises for which such license is to be issued is used exclu- 48 sively for club purposes and whether or not such premises is within two 49 hundred feet of a building used exclusively as a school, church, syna- 50 gogue or place of worship or as a treatment facility for individuals 51 with mental illness or chemical dependence operated pursuant to the 52 mental hygiene law if such club is affiliated or associated with such 53 school, church, synagogue or place of worship or such treatment facility 54 and the governing body of such school, church, synagogue or other place 55 of worship or treatment facility has filed written notice with the 56 authority that it has no objection to the issuance of such license.A. 5624 3 1 § 2. Subparagraphs (i) and (iii) of paragraph (a) and paragraph (b) of 2 subdivision 7 of section 64-a of the alcoholic beverage control law, as 3 amended by chapter 463 of the laws of 2009, are amended to read as 4 follows: 5 (i) on the same street or avenue and within two hundred feet of a 6 building occupied exclusively as a school, church, synagogue or other 7 place of worship or as a treatment facility for individuals with mental 8 illness or chemical dependence operated pursuant to the mental hygiene 9 law or 10 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 11 are to be taken in straight lines from the center of the nearest 12 entrance of the premises sought to be licensed to the center of the 13 nearest entrance of such school, church, synagogue or other place of 14 worship or such treatment facility for individuals with mental illness 15 or chemical dependence operated pursuant to the mental hygiene law or to 16 the center of the nearest entrance of each such premises licensed and 17 operating pursuant to this section and sections sixty-four, 18 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except 19 that no license shall be denied to any premises at which a license under 20 this chapter has been in existence continuously from a date prior to the 21 date when a building on the same street or avenue and within two hundred 22 feet of said premises has been occupied exclusively as a school, church, 23 synagogue or other place of worship or as a treatment facility; and 24 except that no license shall be denied to any premises, which is within 25 five hundred feet of three or more existing premises licensed and oper- 26 ating pursuant to this section and sections sixty-four, sixty-four-b, 27 sixty-four-c, and/or sixty-four-d of this article, at which a license 28 under this chapter has been in existence continuously on or prior to 29 November first, nineteen hundred ninety-three. The liquor authority, in 30 its discretion, may authorize the removal of any such licensed premises 31 to a different location on the same street or avenue, within two hundred 32 feet of said school, church, synagogue or other place of worship or 33 treatment facility, provided that such new location is not within a 34 closer distance to such school, church, synagogue or other place of 35 worship or such treatment facility. 36 (b) Within the context of this subdivision, the word "entrance" shall 37 mean a door of a school, of a house of worship, or of a treatment facil- 38 ity for individuals with mental illness or chemical dependence operated 39 pursuant to the mental hygiene law or of premises licensed and operating 40 pursuant to this section and sections sixty-four, sixty-four-b, sixty- 41 four-c, and/or sixty-four-d of this article or of the premises sought to 42 be licensed, regularly used to give ingress to students of the school, 43 to the general public attending the place of worship, to patients or 44 visitors of the treatment facility and to patrons or guests of the prem- 45 ises licensed and operating pursuant to this section and sections 46 sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 47 article or of the premises sought to be licensed, except that where a 48 school or house of worship or treatment facility or premises licensed 49 and operating pursuant to this section and sections sixty-four, sixty- 50 four-b, sixty-four-c, and/or sixty-four-d of this article or the prem- 51 ises sought to be licensed is set back from a public thoroughfare, the 52 walkway or stairs leading to any such door shall be deemed an entrance; 53 and the measurement shall be taken to the center of the walkway or 54 stairs at the point where it meets the building line or public thorough- 55 fare. A door which has no exterior hardware, or which is used solely as 56 an emergency or fire exit, or for maintenance purposes, or which leadsA. 5624 4 1 directly to a part of a building not regularly used by the general 2 public or patrons, is not deemed an "entrance". 3 § 3. Subparagraphs (i) and (iii) of paragraph (a) and paragraph (b) of 4 subdivision 5 of section 64-b of the alcoholic beverage control law, 5 subparagraphs (i) and (iii) of paragraph (a) as amended and paragraph 6 (b) as added by chapter 463 of the laws of 2009, are amended to read as 7 follows: 8 (i) on the same street or avenue and within two hundred feet of a 9 building occupied exclusively as a school, church, synagogue or other 10 place of worship or as a treatment facility for individuals with mental 11 illness or chemical dependence operated pursuant to the mental hygiene 12 law; or 13 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 14 are to be taken in straight lines from the center of the nearest 15 entrance of the premises sought to be licensed to the center of the 16 nearest entrance of such school, church, synagogue or other place of 17 worship or such treatment facility for individuals with mental illness 18 or chemical dependence operated pursuant to the mental hygiene law or to 19 the center of the nearest entrance of each such premises licensed and 20 operating pursuant to this section and sections sixty-four, 21 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except 22 that no license shall be denied to any premises at which a license under 23 this chapter has been in existence continuously from a date prior to the 24 date when a building on the same street or avenue and within two hundred 25 feet of said premises has been occupied exclusively as a school, church, 26 synagogue or other place of worship or as a treatment facility; and 27 except that no license shall be denied to any premises, which is within 28 five hundred feet of three or more existing premises licensed and oper- 29 ating pursuant to this section and sections sixty-four, sixty-four-a, 30 sixty-four-c, and/or sixty-four-d of this article, at which a license 31 under this chapter has been in existence continuously on or prior to 32 November first, nineteen hundred ninety-three. The liquor authority, in 33 its discretion, may authorize the removal of any such licensed premises 34 to a different location on the same street or avenue, within two hundred 35 feet of said school, church, synagogue or other place of worship or said 36 treatment facility, provided that such new location is not within a 37 closer distance to such school, church, synagogue or other place of 38 worship or such treatment facility. 39 (b) Within the context of this subdivision, the word "entrance" shall 40 mean a door of a school, of a house of worship, of a treatment facility 41 for individuals with mental illness or chemical dependence operated 42 pursuant to the mental hygiene law or of premises licensed and operating 43 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 44 four-c, and/or sixty-four-d of this article or of the premises sought to 45 be licensed, regularly used to give ingress to students of the school, 46 to the general public attending the place of worship, to patients and 47 visitors of a treatment facility and to patrons or guests of the prem- 48 ises licensed and operating pursuant to this section and sections 49 sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this 50 article or of the premises sought to be licensed, except that where a 51 school or house of worship or treatment facility or premises licensed 52 and operating pursuant to this section and sections sixty-four, sixty- 53 four-a, sixty-four-c, and/or sixty-four-d of this article or the prem- 54 ises sought to be licensed is set back from a public thoroughfare, the 55 walkway or stairs leading to any such door shall be deemed an entrance; 56 and the measurement shall be taken to the center of the walkway orA. 5624 5 1 stairs at the point where it meets the building line or public thorough- 2 fare. A door which has no exterior hardware, or which is used solely as 3 an emergency or fire exit, or for maintenance purposes, or which leads 4 directly to a part of a building not regularly used by the general 5 public or patrons, is not deemed an "entrance". 6 § 4. Subparagraphs (i) and (iii) of paragraph (a) and paragraph (b) of 7 subdivision 11 of section 64-c of the alcoholic beverage control law, as 8 amended by chapter 463 of the laws of 2009, are amended to read as 9 follows: 10 (i) on the same street or avenue and within two hundred feet of a 11 building occupied exclusively as a school, church, synagogue or other 12 place of worship or as a treatment facility for individuals with mental 13 illness or chemical dependence operated pursuant to the mental hygiene 14 law; or 15 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 16 are to be taken in straight lines from the center of the nearest 17 entrance of the premises sought to be licensed to the center of the 18 nearest entrance of such school, church, synagogue or other place of 19 worship or such treatment facility for individuals with mental illness 20 or chemical dependence operated pursuant to the mental hygiene law or to 21 the center of the nearest entrance of each such premises licensed and 22 operating pursuant to this section and sections sixty-four, 23 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except 24 that no license shall be denied to any premises at which a license under 25 this chapter has been in existence continuously from a date prior to the 26 date when a building on the same street or avenue and within two hundred 27 feet of said premises has been occupied exclusively as a school, church, 28 synagogue or other place of worship or as a treatment facility and 29 except that no license shall be denied to any premises, which is within 30 five hundred feet of three or more existing premises licensed and oper- 31 ating pursuant to this section and sections sixty-four, sixty-four-a, 32 sixty-four-b and/or sixty-four-d of this article, at which a license 33 under this chapter has been in existence continuously on or prior to 34 November first, nineteen hundred ninety-three. 35 (b) Within the context of this subdivision, the word "entrance" shall 36 mean a door of a school, of a house of worship, of a treatment facility 37 for individuals with mental illness or chemical dependence operated 38 pursuant to the mental hygiene law or premises licensed and operating 39 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 40 four-b and/or sixty-four-d of this article or of the premises sought to 41 be licensed, regularly used to give ingress to students of the school, 42 to the general public attending the place of worship, to patients or 43 visitors of the treatment facility and to patrons or guests of the prem- 44 ises licensed and operating pursuant to this section and sections 45 sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this arti- 46 cle or of the premises sought to be licensed, except that where a school 47 or house of worship or treatment facility or premises licensed and oper- 48 ating pursuant to this section and sections sixty-four, sixty-four-a, 49 sixty-four-b and/or sixty-four-d of this article is set back from a 50 public thoroughfare, the walkway or stairs leading to any such door 51 shall be deemed an entrance; and the measurement shall be taken to the 52 center of the walkway or stairs at the point where it meets the building 53 line or public thoroughfare. A door which has no exterior hardware, or 54 which is used solely as an emergency or fire exit, or for maintenance 55 purposes, or which leads directly to a part of a building not regularly 56 used by the general public or patrons, is not deemed an "entrance".A. 5624 6 1 § 5. Paragraphs (a), (c) and (d) of subdivision 8 of section 64-d of 2 the alcoholic beverage control law, paragraphs (a) and (c) as amended 3 and paragraph (d) as added by chapter 463 of the laws of 2009, are 4 amended to read as follows: 5 (a) on the same street or avenue and within two hundred feet of a 6 building occupied exclusively as a school, church, synagogue or other 7 place of worship or as a treatment facility for individuals with mental 8 illness or chemical dependence operated pursuant to the mental hygiene 9 law or 10 (c) the measurements in paragraphs (a) and (b) of this subdivision are 11 to be taken in straight lines from the center of the nearest entrance of 12 the premises sought to be licensed to the center of the nearest entrance 13 of such school, church, synagogue or other place of worship or such 14 treatment facility for individuals with mental illness or chemical 15 dependence operated pursuant to the mental hygiene law or to the center 16 of the nearest entrance of each such premises licensed and operating 17 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 18 four-b, and/or sixty-four-c of this article; except that no license 19 shall be denied to any premises at which a license under this chapter 20 has been in existence continuously from a date prior to the date when a 21 building on the same street or avenue and within two hundred feet of 22 said premises has been occupied exclusively as a school, church, syna- 23 gogue or other place of worship or as a treatment facility; and except 24 that no license shall be denied to any premises, which is within five 25 hundred feet of an existing premises licensed and operating pursuant to 26 the provisions of this section or which is within five hundred feet of 27 three or more existing premises licensed and operating pursuant to this 28 section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 29 sixty-four-c of this article, at which a license under this chapter has 30 been in existence continuously on or prior to November first, nineteen 31 hundred ninety-three. The liquor authority, in its discretion, may 32 authorize the removal of any such licensed premises to a different 33 location on the same street or avenue, within two hundred feet of said 34 school, church, synagogue or other place of worship or said treatment 35 facility, provided that such new location is not within a closer 36 distance to such school, church, synagogue or other place of worship or 37 such treatment facility. 38 (d) within the context of this subdivision, the word "entrance" shall 39 mean a door of a school, of a house of worship, of a treatment facility 40 for individuals with mental illness or chemical dependence operated 41 pursuant to the mental hygiene law or of premises licensed and operating 42 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 43 four-b, and/or sixty-four-c of this article or of the premises sought to 44 be licensed, regularly used to give ingress to students of the school, 45 to the general public attending the place of worship, to patients and 46 visitors of the treatment facility and to patrons or guests of the prem- 47 ises licensed and operating pursuant to this section and sections 48 sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this 49 article or of the premises sought to be licensed, except that where a 50 school or house of worship or treatment facility or premises licensed 51 and operating pursuant to this section and sections sixty-four, sixty- 52 four-a, sixty-four-b, and/or sixty-four-c of this article or the prem- 53 ises sought to be licensed is set back from a public thoroughfare, the 54 walkway or stairs leading to any such door shall be deemed an entrance; 55 and the measurement shall be taken to the center of the walkway or 56 stairs at the point where it meets the building line or public thorough-A. 5624 7 1 fare. A door which has no exterior hardware, or which is used solely as 2 an emergency or fire exit, or for maintenance purposes, or which leads 3 directly to a part of a building not regularly used by the general 4 public or patrons, is not deemed an "entrance". 5 § 6. Paragraphs (a) and (b) of subdivision 3 of section 105 of the 6 alcoholic beverage control law, as amended by chapter 406 of the laws of 7 2007, are amended to read as follows: 8 (a) No retail license to sell liquor and/or wine for off-premises 9 consumption shall be granted for any premises which shall be located on 10 the same street or avenue, and within two hundred feet of a building 11 occupied exclusively as a school, church, synagogue or other place of 12 worship or as a treatment facility for individuals with mental illness 13 or chemical dependence operated pursuant to the mental hygiene law; the 14 measurements to be taken in a straight line from the center of the near- 15 est entrance to the building used for such school, church, synagogue or 16 other place of worship or such treatment facility to the center of the 17 nearest entrance of the premises to be licensed; except, however, that 18 no license shall be denied to any premises at which a license under this 19 chapter has been in existence continuously from a date prior to the date 20 when a building on the same street or avenue and within two hundred feet 21 of said premises has been occupied exclusively as a school, church, 22 synagogue or other place of worship or treatment facility. 23 (b) Within the context of this subdivision, the word "entrance" shall 24 mean a door of a school, of a house of worship, of a treatment facility 25 for individuals with mental illness or chemical dependence operated 26 pursuant to the mental hygiene law or of the premises sought to be 27 licensed, regularly used to give ingress to students of the school, to 28 the general public attending the place of worship, to patients and visi- 29 tors of the treatment facility and to patrons or guests of the premises 30 proposed to be licensed, except that where a school or house of worship 31 or treatment facility is set back from a public thoroughfare, the walk- 32 way or stairs leading to any such door shall be deemed an entrance; and 33 the measurement shall be taken to the center of the walkway or stairs at 34 the point where it meets the building line or public thoroughfare. A 35 door which has no exterior hardware, or which is used solely as an emer- 36 gency or fire exit, or for maintenance purposes, or which leads directly 37 to a part of a building not regularly used by the general public or 38 patrons, is not deemed an "entrance". 39 § 7. This act shall take effect on the ninetieth day after it shall 40 have become a law.
