2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 5 - (60 - 67) SPECIAL PROVISIONS RELATING TO LIQUOR
64-A - Special license to sell liquor at retail for consumption on the premises.

 
    §  64-a.  Special  license to sell liquor at retail for consumption on
  the  premises.  1.  On  or  before  September  first,  nineteen  hundred
  sixty-nine,  any license issued under section sixty-four of this article
  may be converted into a special on-premises license under  this  section
  upon  the  granting  of  a  request for conversion filed with the liquor
  authority by the holder of said license. Such a request shall be granted
  by the authority except for good cause shown. The  granting  of  such  a
  request  shall  constitute  conversion  of  said  license into a special
  on-premises license subject to the provisions of this chapter applicable
  to special on-premises licenses issued under this section.
    2. On or after October first, nineteen hundred sixty-four, any  person
  may  make  an application to the appropriate board for a special license
  to sell liquor at retail to be consumed on the premises where sold.
    3. Such application shall be in  such  form  and  shall  contain  such
  information  as  shall  be required by the rules of the liquor authority
  and shall be accompanied by a check or draft in the amount  required  by
  this article for such license.
    4. Section fifty-four shall control so far as applicable the procedure
  in connection with such application.
    5. Such special license shall in form and in substance be a license to
  the person specifically licensed to sell liquor at retail to be consumed
  on the premises specifically licensed. Such license shall also be deemed
  to  include  a  license  to  sell wine and beer at retail to be consumed
  under the  same  terms  and  conditions,  without  the  payment  of  any
  additional fee.
    6. No special on-premises license shall be granted except for premises
  in  which  the  principal  business  shall  be  (a)  the sale of food or
  beverages at retail for consumption on the premises or (b) the operation
  of a legitimate theatre or such  other  lawful  adult  entertainment  or
  recreational  facility as the liquor authority, giving due regard to the
  convenience of the public and the strict avoidance of  sales  prohibited
  by  this  chapter, shall by regulation classify for eligibility. Nothing
  contained in this subdivision shall be deemed to authorize the  issuance
  of  a  license  to  a  motion  picture theatre, except those meeting the
  definition of restaurant and meals, and where all seating is  at  tables
  where meals are served.
    7.  (a)  No  special  on-premises  license  shall  be  granted for any
  premises which shall be
    (i) 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 or
    (ii) in a city, town or village having a population of twenty thousand
  or more within five hundred feet of  three  or  more  existing  premises
  licensed and operating pursuant to this section and sections sixty-four,
  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
  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  school, church, synagogue or other place of
  worship or to the center of the nearest entrance of each  such  premises
  licensed and operating pursuant to this section and sections sixty-four,
  sixty-four-b,  sixty-four-c, and/or sixty-four-d of this article; except
  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 two hundred
  feet of said premises has been occupied exclusively as a school, church,
  synagogue or other 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  premises licensed and operating pursuant to this section
  and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
  of this article, at which a license  under  this  chapter  has  been  in
  existence  continuously  on or prior to November first, nineteen hundred
  ninety-three. The liquor authority, in its discretion, may authorize the
  removal of any such licensed premises to a  different  location  on  the
  same  street  or avenue, within two hundred feet of said school, church,
  synagogue or other place of worship, provided that such new location  is
  not  within a closer distance to such school, church, synagogue or other
  place of worship.
    (b) Within the context of this subdivision, the word "entrance"  shall
  mean  a door of a school, of a house of worship, or of premises licensed
  and  operating  pursuant  to  this  section  and  sections   sixty-four,
  sixty-four-b,  sixty-four-c,  and/or  sixty-four-d of this article or of
  the premises sought to be licensed, regularly used to  give  ingress  to
  students  of  the  school,  to the general public attending the place of
  worship, and to patrons or guests of the premises licensed and operating
  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-b,
  sixty-four-c,  and/or  sixty-four-d  of  this article or of the premises
  sought to be licensed, except that where a school or house of worship or
  premises licensed and operating pursuant to this  section  and  sections
  sixty-four,  sixty-four-b,  sixty-four-c,  and/or  sixty-four-d  of this
  article 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".
    (c)  Notwithstanding  paragraph  (a)  of  this  subdivision, a special
  on-premises license for a premises in which the principal business shall
  be the operation of a legitimate  theater  by  a  corporation  organized
  pursuant   to   the   not-for-profit  corporation  law  may  be  granted
  notwithstanding the proximity of such premises to any  school,  provided
  that  the availability of alcoholic beverages on such premises shall not
  be advertised in any way at such premises in  any  manner  visible  from
  such street or avenue.
    (c-1)  Notwithstanding the provisions of subparagraph (i) of paragraph
  (a) of this subdivision, the authority may issue a  retail  license  for
  on-premises consumption for a premises which shall be within two hundred
  feet  of  a building occupied exclusively as a school, church, synagogue
  or other place of worship, provided such premises constitutes a premises
  for the sale of food or beverages  at  retail  for  consumption  on  the
  premises  and/or an overnight lodging facility located wholly within the
  boundaries of the borough of Manhattan in the city  and  county  of  New
  York, bounded and described as follows:
  BEGINNING at a point on the easterly side of 7th Avenue, distant 25 feet
  northerly  from the northeasterly corner of 7th Avenue and 132nd Street;
  RUNNING THENCE easterly parallel with the northerly side of 132nd Street
  and part of the distance of the distance through a party wall, 75  feet;
  THENCE  northerly  parallel  with  7th Avenue, 49 feet 11 inches; THENCE
  westerly parallel with 132nd Street 75 feet to the easterly side of  7th
  Avenue;  THENCE southerly along the easterly side of 7th Avenue, 49 feet
  11 inches to the point or place of BEGINNING, being  the  same  premises
  located  at  2247  Adam  Clayton Powell, Jr. Boulevard (Seventh Avenue),
  block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC
  to AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven

  and recorded July seventh, two thousand seven in the Office of the  City
  Register, New York County as document number 2007071001657001.
    (c-2)  Notwithstanding the provisions of subparagraph (i) of paragraph
  (a) of this subdivision, the authority may issue a  retail  license  for
  on-premises consumption for a premises which shall be within two hundred
  feet  of  a building occupied exclusively as a school, church, synagogue
  or other place of worship, provided such premises constitutes a premises
  for the sale of food or beverages  at  retail  for  consumption  on  the
  premises located wholly within the boundaries of the town of Bainbridge,
  county of Chenango, bounded and described as follows:
    BEGINNING at an iron stake at the curb on the north side of North Main
  Street,  which stake is in a line with the edge of the concrete sidewalk
  in front of the Ireland Hardware Block; thence to the  joint  corner  of
  said hardware block and the concrete post at the southwest corner of the
  Central  Hotel, twenty-seven (27) feet; thence along the foundation wall
  of said hotel forty (40) feet to an iron  stake  under  a  part  of  the
  Ireland  Hardware  Store  Building  six (6) feet from the corner of said
  foundation wall and on a continuation  of  said  line  along  the  Hotel
  foundation;  thence  at  an  approximate  right angle in a northeasterly
  direction along a line parallel to and six (6)  feet  distant  from  the
  foundation  wall  on  the  "ell"  of  the  Hotel to a point six (6) feet
  distant from the foundation wall of the  main  building  of  the  Hotel,
  fourteen  (14)  feet;  thence again at a right angle in an approximately
  north-westerly direction on a line parallel to and six (6) feet  distant
  from the foundation wall of said Hotel building forty-three (43) feet to
  an  iron  stake; thence in a northeasterly direction on a line from said
  stake touching the corner of the foundation wall to a point on the  line
  of  premises  of  the  Vendor and premises now owned by Edward Danforth,
  known as the Danforth Block; thence in a southeasterly  direction  along
  said  boundary  line between said premises, which line is believed to be
  nine (9) feet distant southwesterly from the  foundation  wall  of  said
  Danforth  Block,  to  the  curb  line;  thence along said curb line in a
  southwesterly direction to the point or place of beginning.
    Being known and designated on the Chenango  County  Tax  Map  for  the
  Village and Town of Bainbridge as parcel 265.11-2-15 as said tax map was
  on the 15th day of June 2010.
    (c-3)  Notwithstanding the provisions of subparagraph (i) of paragraph
  (a) of this subdivision, the authority may issue a  retail  license  for
  on-premises consumption for a premises which shall be within two hundred
  feet  of  a building occupied exclusively as a school, church, synagogue
  or other place of worship, provided such premises constitutes a premises
  for the sale of food or beverages  at  retail  for  consumption  on  the
  premises  and/or an overnight lodging facility located wholly within the
  boundaries of the borough of Manhattan in the city  and  county  of  New
  York, bounded and described as follows:
  BEGINNING  at  the  intersection  formed  by  the easterly side of Fifth
  Avenue and the southerly side of East 117th Street; and
  RUNNING THENCE easterly along the southerly side of East  117th  Street,
  110 feet 0 inches;
  THENCE  southerly at right angles to the last mentioned course, 100 feet
  11 inches;
  THENCE westerly at right angles to the last mentioned course, 110 feet 0
  inches at right angles to the easterly side of Fifth Avenue;
  THENCE northerly along the easterly side of Fifth Avenue at right angles
  to the last mentioned course, 100 feet 11 inches to the point  or  place
  of BEGINNING.

  Being  known  and designated on the Tax Map of The City of New York, for
  the Borough of Manhattan, as Section 6, Block 1622 Lot 73  as  said  Tax
  Map was on the 26th day of November 1974.
    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
  (a) of this subdivision, the authority may issue 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  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
  sixty-four-d  of  this  article  if,   after   consultation   with   the
  municipality  or  community  board,  it  determines  that  granting such
  license would be in the public interest. Before it may  issue  any  such
  license,  the  authority  shall  conduct  a  hearing, upon notice to the
  applicant and the municipality or community board, and shall  state  and
  file  in  its office its reasons therefor. Notice to the municipality or
  community board shall mean written notice mailed  by  the  authority  to
  such municipality or community board at least fifteen days in advance of
  any  hearing  scheduled  pursuant to this paragraph. Upon the request of
  the authority, any municipality or community board may waive the fifteen
  day notice requirement. The hearing may  be  rescheduled,  adjourned  or
  continued,  and the authority shall give notice to the applicant and the
  municipality or community board of any such  rescheduled,  adjourned  or
  continued  hearing.  Before  the  authority issues any said license, the
  authority or one or more of the commissioners thereof may,  in  addition
  to the hearing required by this paragraph, also conduct a public meeting
  regarding   said   license,   upon  notice  to  the  applicant  and  the
  municipality or community board. The public meeting may be  rescheduled,
  adjourned  or  continued,  and  the  authority  shall give notice to the
  applicant  and  the  municipality  or  community  board  of   any   such
  rescheduled,  adjourned  or continued public meeting. 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 and
  sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d  of
  this article.
    (e)  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 to
  be "exclusively" occupied as a place of worship where the not-for-profit
  religious  organization  occupying  the  place  of  worship  accepts the
  payment  of  funds to defray costs related to another party's use of the
  building.
    8. Every  special  on-premises  licensee  shall  regularly  keep  food
  available for sale to its customers for consumption on the premises. The
  availability  of  sandwiches,  soups  or  other  foods,  whether  fresh,
  processed, pre-cooked or frozen, shall be deemed  compliance  with  this
  requirement.  The  licensed  premises shall comply at all times with all
  the regulations of the local department of health. Nothing contained  in
  this  subdivision,  however, shall be construed to require that any food
  be sold or purchased with any liquor, nor shall any rule, regulation  or
  standard  be  promulgated or enforced requiring that the sale of food be
  substantial or that the receipts of the business  other  than  from  the
  sale  of  liquor  equal  any set percentage of total receipts from sales
  made therein.
    9. The liquor authority may make such rules as it deems  necessary  to
  carry out the provisions of this section.