STATE OF NEW YORK ________________________________________________________________________ 9032 IN ASSEMBLY February 5, 2024 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to clar- ifying the method of measurement for the purposes of restrictions on the granting of retail licenses for on-premises consumption of liquor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 7 of section 64 of the alco- 2 holic beverage control law, as amended by chapter 463 of the laws of 3 2009, is amended to read as follows: 4 (c) the measurements in paragraphs (a) and (b) of this subdivision are 5 to be taken in straight lines from the center of the nearest entrance of 6 the premises sought to be licensed to the center of the nearest entrance 7 of such school, church, synagogue or other place of worship or to the 8 center of the nearest entrance of each such premises licensed and oper- 9 ating pursuant to this section and sections sixty-four-a, sixty-four-b, 10 sixty-four-c, and/or sixty-four-d of this article, if the entrance is 11 set back from the sidewalk by a walkway or doorway, the measurements 12 shall be taken in straight lines from the center of the nearest entrance 13 of the premises sought to be licensed to the point directly adjacent to 14 the center of the nearest entrance of such school, church, synagogue or 15 other place of worship or to the center of the nearest entrance of each 16 such premises licensed and operating pursuant to this section and 17 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 18 of this article; except, however, that no renewal license shall be 19 denied because of such restriction to any premises so located which were 20 maintained as a bona fide hotel, restaurant, catering establishment or 21 club on or prior to December fifth, nineteen hundred thirty-three; and, 22 except that no license shall be denied to any premises at which a 23 license under this chapter has been in existence continuously from a 24 date prior to the date when a building on the same street or avenue and 25 within two hundred feet of said premises has been occupied exclusively 26 as a school, church, synagogue or other place of worship; and except 27 that no license shall be denied to any premises, which is within five EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13928-01-3A. 9032 2 1 hundred feet of three or more existing premises licensed and operating 2 pursuant to this section and sections sixty-four-a, sixty-four-b, 3 sixty-four-c, and/or sixty-four-d of this article, at which a license 4 under this chapter has been in existence continuously on or prior to 5 November first, nineteen hundred ninety-three; and except that this 6 subdivision shall not be deemed to restrict the issuance of a hotel 7 liquor license to a building used as a hotel and in which a restaurant 8 liquor license currently exists for premises which serve as a dining 9 room for guests of the hotel and a caterer's license to a person using 10 the permanent catering facilities of a church, synagogue or other place 11 of worship pursuant to a written agreement between such person and the 12 authorities in charge of such facilities. The liquor authority, in its 13 discretion, may authorize the removal of any such licensed premises to a 14 different location on the same street or avenue, within two hundred feet 15 of said school, church, synagogue or other place of worship, provided 16 that such new location is not within a closer distance to such school, 17 church, synagogue or other place of worship. 18 § 2. This act shall take effect on the ninetieth day after it shall 19 have become a law. Effective immediately, the addition, amendment and/or 20 repeal of any rule or regulation necessary for the implementation of 21 this act on its effective date are authorized to be made and completed 22 on or before such effective date.