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

 
    §  64.  License  to  sell  liquor  at  retail  for  consumption on the
  premises.   1. Notwithstanding the  provisions  of  subdivision  two  of
  section seventeen of this chapter, any person may make an application to
  the  appropriate  board  for  a  license  to sell liquor at retail to be
  consumed on the premises where sold, and such licenses shall  be  issued
  to all applicants except for good cause shown.
    2.  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.
    3. Section fifty-four shall control so far as applicable the procedure
  in connection with such application.
    4. Such license shall in form and in substance be  a  license  to  the
  person  specifically  licensed to sell liquors at retail, to be consumed
  upon the premises. 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.
    5. No retail license under this section shall be  granted  except  for
  such  premises as are being conducted as a bona fide hotel provided that
  a  restaurant  is  operated  in  such  premises,  restaurant,   catering
  establishment,  club, railroad car, vessel or aircraft being operated on
  regularly scheduled flights by a United States certificated airline.
    5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
  section,  a  liquor  license  may  be  issued  under  this section to an
  establishment designated and commonly known and operated as a  "bed  and
  breakfast" regardless of whether or not a restaurant is operated in such
  establishment,  provided that such license shall only permit the sale of
  alcoholic beverages to overnight guests of such establishment.
    6. Where an on-premise license shall be granted  to  the  owner  of  a
  hotel  situated  in  a  town  or village the liquor authority may in its
  discretion grant to such owner the right to sell  liquor  and  wine  for
  off-premise  consumption under the same terms and conditions as apply to
  off-premise licenses upon the payment of an additional fee of  sixty-two
  dollars  and  fifty cents; provided, however, that this permission shall
  not be granted if an off-premise license has been granted  for  premises
  located within eight miles of such hotel.
    6-a.  The  authority  may  consider  any  or  all  of the following in
  determining whether public convenience  and  advantage  and  the  public
  interest  will  be  promoted by the granting of licenses and permits for
  the sale of alcoholic beverages at a particular unlicensed location:
    (a) The number, classes and character of licenses in proximity to  the
  location and in the particular municipality or subdivision thereof.
    (b)  Evidence  that  all  necessary  licenses  and  permits  have been
  obtained from the state and all other governing bodies.
    (c) Effect of the grant  of  the  license  on  vehicular  traffic  and
  parking in proximity to the location.
    (d) The existing noise level at the location and any increase in noise
  level that would be generated by the proposed premises.
    (e) The history of liquor violations and reported criminal activity at
  the proposed premises.
    (f) Any other factors specified by law or regulation that are relevant
  to determine the public convenience and advantage and public interest of
  the community.
    7.  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 or

    (b) 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-a,  sixty-four-b,  sixty-four-c,  and/or sixty-four-d of this
  article;
    (c) the measurements in paragraphs (a) and (b) of this subdivision 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-a,
  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,
  however, that no  renewal  license  shall  be  denied  because  of  such
  restriction  to  any premises so located which were maintained as a bona
  fide hotel, restaurant, catering establishment or club on  or  prior  to
  December  fifth,  nineteen  hundred  thirty-three;  and,  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-a,   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;  and  except  that  this subdivision shall not be
  deemed to restrict the issuance of a hotel liquor license to a  building
  used  as  a  hotel  and  in  which a restaurant liquor license currently
  exists for premises which serve as a dining room for guests of the hotel
  and a caterer's  license  to  a  person  using  the  permanent  catering
  facilities  of a church, synagogue or other place of worship pursuant to
  a written agreement between such person and the authorities in charge of
  such facilities. 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.
    (d) 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-a,
  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-a,  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-a,  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".
    (d-1) 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.
    (e) Notwithstanding the provisions of this chapter  to  the  contrary,
  the  authority  may  issue  a  license  to  sell  liquor at retail to be
  consumed on premises to a club as such term is  defined  in  subdivision
  nine  of  section  three  of this chapter whether or not the building in
  which the premises for which such  license  is  to  be  issued  is  used
  exclusively for club purposes and whether or not such premises is within
  two  hundred  feet  of  a building used exclusively as a school, church,
  synagogue or place of worship if such club is affiliated  or  associated
  with  such  school,  church,  synagogue  or  place  of  worship  and the
  governing body of such school,  church,  synagogue  or  other  place  of
  worship  has  filed  written  notice  with  the authority that it has no
  objection to the issuance of such license.
    (e-1)  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 within two hundred feet  of  a
  building  occupied  exclusively as a 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 southerly side of 49th Street, distant 160
  feet easterly  from  the  corner  formed  by  the  intersection  of  the
  southerly  side  of  49th  Street  with the easterly side of 8th Avenue;
  running thence southerly, parallel with  8th  Avenue  and  part  of  the
  distance  through  a party wall, 100 feet 5 inches to the center line of
  the block between 48th and  49th  Streets;  thence  easterly  along  the
  center  line  of the block, 40 feet; thence northerly, parallel with 8th

  Avenue and part of the distance through a party wall, 100 feet 5  inches
  to  the  southerly  side  of  49th  Street;  thence  westerly  along the
  southerly side of 49th  Street,  40  feet  to  the  point  or  place  of
  beginning.  Premises  known  as  240  and 242 West 49th Street, New York
  City. Being the same premises described in deed made  by  Hotel  Mayfair
  Inc.  to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50
  in liber 4657 Cp. 250.
    (e-2)  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 within two hundred feet  of  a
  building  occupied  exclusively as a 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  county  of  Ulster,  bounded  and
  described as follows:
    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
  improvements  erected  thereon,  situated  in the Village of Ellenville,
  Town of Wawarsing, County of Ulster and State of New York, being further
  bounded and described as follows:
    Beginning at a three-quarter inch  diameter  iron  rod  found  on  the
  southwesterly  bounds  of Canal Street, marking the northeasterly corner
  of the lands, now or formerly, John Georges, as described in liber  2645
  of deeds at page 278.
    Thence  along  the  southeasterly bounds of the lands of John Georges,
  passing 1.42 feet northwesterly from the  southwesterly  corner  of  the
  building  situated  on  the premises described herein, South thirty-nine
  degrees, forty-one minutes, fifty-two seconds West,  one  hundred  fifty
  and  zero  hundredths  feet (S 39-41-52 W, 150.00') to the northeasterly
  bounds of the lands, now or formerly, Thomas  Powers,  as  described  in
  liber  1521  of deeds at page 749. Thence along the northeasterly bounds
  of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
  sixteen seconds East, twenty-eight and zero hundredths feet (S  50-39-16
  E, 28.00').
    Thence  passing  1.92 feet southeasterly from the southeasterly corner
  of the  building  situated  on  the  premises  described  herein.  North
  thirty-nine  degrees,  forty-one  minutes,  fifty-two  seconds East, one
  hundred fifty and zero hundredths feet (N 39-41-52 E,  150.00')  to  the
  southwesterly bounds of Canal Street.
    Thence  along  the  southwesterly  bounds of Canal Street, North fifty
  degrees, thirty-nine minutes, sixteen  seconds  West,  twenty-eight  and
  zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
    Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
    Being  the  same  premises as conveyed by deed dated September 2, 1999
  from Chris M. Camio as Executor of the Last Will and Testament of  Alice
  Manzo  to  Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
  Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
  September 15, 1999 in Liber 2966 at page 291.
    The undivided interests of John Harris and Alfred S. Dannhauser having
  been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
  in the Ulster County Clerk's Office in Liber 3213 p 65.
    (e-3)  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 within two hundred feet  of  a
  building  occupied  exclusively  as  a  school,  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 southerly side of 46th street, distant
  three hundred fifty (350) feet westerly from the corner  formed  by  the
  intersection  of  the  westerly  side  of  Sixth  Avenue  with  the said
  southerly side of 46th street. Running thence  southerly  parallel  with
  the  said  westerly  side  of  Sixth Avenue and for part of the distance
  through a party wall, one hundred (100) feet  four  (4)  inches;  thence
  westerly  parallel  with  the southerly side of 46th street, eighty (80)
  feet; thence northerly again parallel with the westerly  side  of  Sixth
  Avenue,  one hundred (100) feet four (4) inches to the southerly side of
  46th street; and thence easterly along the said southerly side  of  46th
  street,  eighty  (80)  feet to the point or place of beginning. Premises
  known as 130 West 46th Street, New York City. Being  the  same  premises
  described in deed made by Massachusetts Mutual Life Insurance Company to
  West  46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
  Office of the City Register, New York County, on  February  6,  2007  as
  CFRN 2007000069808.
    (e-4)   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 exclusively as a 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 county of Ulster, bounded
  and described as follows:
    THOSE THREE BUILDING LOTS situate on the northeasterly side  of  Union
  Avenue  in  the  city  of  Kingston, between Thomas and Cornell Streets,
  known and distinguished upon a map of the property of the estate of said
  Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date  April
  11th,  1888,  as  lot  five (5) six (6) and seven (7) upon said map, and
  bounded and described as follows:
    BEGINNING at the west corner of lot seven which is also the corner  of
  Cornell  Street,  where  it  intersects with Union Avenue, and runs from
  thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
  the distance of one hundred and thirty-eight (138) feet,  to  the  south
  bounds  of lot (8) eight as laid down upon said map, thence along in the
  south bounds of lot (8) aforesaid S. 41 degrees 50' east along the  rear
  of  lots  seven,  six  and  five (7, 6 & 5) as aforesaid the distance of
  seventy-two (72) feet to a lot of land  owned  by  Max  Oppenheimer  and
  known  on  said map as lot four (4); thence in the division line between
  lot four and five as laid down upon said map, south 48  degrees  10'  W.
  one  hundred  and  twenty-two (122) feet, and fifty-four hundredths of a
  foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
  thence along in said northeasterly bounds of said Union Avenue north  53
  degrees  57' west along the front of said lots five, six and seven (5, 6
  & 7) the distance of seventy-three feet and sixty-five hundredths  of  a
  foot  (73  65/100  feet)  to  the place of beginning; and a part of said
  premises being a part of the same that was conveyed to Thomas Cornell by
  Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
  office of the Clerk of Ulster County in book No. 204 of  deeds  at  page
  403  March 6th, 1877, the balance of the property hereinbefore described
  and herein intended to be conveyed was conveyed  to  Thomas  Cornell  by
  James E. Ostrander and wife by deed bearing date February 8th, 1869, and
  recorded  in  Ulster  County Clerk's Office in book 175 of deeds at page
  29, February 6th, 1872.
    * (e-5) 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  exclusively  as a school, 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 borough of Brooklyn in the county  of  Kings  and  the
  city of New York, bounded and described as follows:
    Beginning at a point on the westerly side of Washington Avenue distant
  636.45  feet  southerly  from  the intersection of the southerly side of
  Eastern Parkway and westerly side of Washington Avenue, said point being
  the point of beginning; Running thence southerly along the westerly side
  of Washington Avenue, a distance of 345.43 feet; thence  westerly  along
  the  line  forming  an  interior  angle  with  the previous course of 90
  degrees 00 minutes  00  seconds,  a  distance  of  122.68  feet;  Thence
  northerly  along  the  line  forming an interior angle with the previous
  course of 58 degrees 50 minutes 53 seconds, a distance of  123.94  feet;
  Thence  northerly  along  the  line  forming  an exterior angle with the
  previous course of 159 degrees 18 minutes  33  seconds,  a  distance  of
  36.59  feet;  Thence  northerly along the line forming an exterior angle
  with the previous course  of  169  degrees  36  minutes  23  seconds,  a
  distance  of  26.26  feet;  Thence  westerly  along  the line forming an
  exterior angle with the previous course of 123  degrees  49  minutes  33
  seconds,  a  distance of 58.57 feet; Thence southwesterly along the line
  forming an exterior angle with the previous course  of  129  degrees  53
  minutes  13  seconds,  a  distance  of  108.38  feet; Thence westerly, a
  distance of 84.05 feet along a curve to the right, which has a radius of
  192.59 feet, and having a central angle of 25°00'14"; Thence westerly, a
  distance of 58.94 feet along a curve to the right, which has a radius of
  181.42 feet, and having a central angle of 18°36'54". Thence westerly, a
  distance of 354.56 feet; Thence northerly  along  the  line  forming  an
  interior  angle  with  the  previous  course of 90 degrees 14 minutes 09
  seconds, a distance of 114.49  feet;  Thence  easterly  along  the  line
  forming  an  exterior  angle  with the previous course of 286 degrees 53
  minutes 22 seconds, a distance of 7.54 feet; Thence easterly  along  the
  line  forming  an interior angle with the previous course of 195 degrees
  07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly  along
  the  line  forming  an  interior  angle  with the previous course of 193
  degrees 52 minutes  57  seconds,  a  distance  of  161.51  feet;  Thence
  westerly  along  the  line  forming  an interior angle with the previous
  course of 257 degrees 31 minutes 43 seconds, a distance of 116.17  feet;
  Thence  northeasterly, a distance of 7.07 feet along a non-tangent curve
  to the right, having a radius of 4.50 feet, a central angle of 89°59'10"
  and a chord of 6.36 feet, which chord makes an interior angle  with  the
  previous  course  of  135 degrees 01 minutes 12 seconds; Thence easterly
  along the  line  forming  an  interior  angle  with  the  chord  of  the
  above-referenced  curve of 135 degrees 01 minutes 17 seconds, a distance
  of 135.59 feet; Thence easterly,  a  distance  of  81.93  feet  along  a
  non-tangent curve to the left, having a radius of 272.93 feet, a central
  angle  of  17°11'59"  and  a  chord  of 81.63 feet, which chord makes an
  interior angle with the previous course of 186  degrees  52  minutes  37
  seconds;  Thence  easterly along the line forming an interior angle with
  the chord of the above-referenced curve of 192  degrees  21  minutes  11
  seconds,  a  distance  of  38.24  feet;  Thence  easterly along the line
  forming an interior angle with the previous course  of  183  degrees  09
  minutes 51 seconds, a distance of 21.53 feet to the point of beginning.
    * NB There are 2 par (e-5)'s
    * (e-5)  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 exclusively as a 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 county of Kings, bounded and
  described as follows:
  ALL  that  certain plot, piece or parcel of land situate lying and being
  in the Borough of Brooklyn, County of Kings, City and State of New York,
  bounded and described as follows:
  BEGINNING at the corner formed by the intersection of the southerly side
  of Synder Avenue, with the easterly side of Bedford Avenue;
  THENCE easterly along the southerly side of Synder Avenue,  99  feet  10
  inches;
  THENCE  southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to
  the center line of Union Street, as shown on the Bergen Map;
  THENCE westerly along the center line of Union Street, as aforesaid,  99
  feet 10 inches to the easterly side of Bedford Avenue;
  THENCE  northerly along the easterly side of Bedford Avenue, 81 feet 1/8
  inches to the point or place of BEGINNING.
    * NB There are 2 par (e-5)'s
    (f)  Notwithstanding  the  provisions  of  paragraph   (b)   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-a, 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.  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.  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. 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-a,
  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
    8. A license issued for such premises as  are  being  conducted  as  a
  catering  establishment  shall  authorize  the  holder  thereof  to sell
  alcoholic beverages at retail during such period of time as a  function,
  occasion  or  event  is  in  progress  therein  and then only to persons
  invited to and attending such function, occasion or event and  only  for
  consumption on the premises where sold.
    9.  A  retail license under this section may be granted for a premises
  being conducted as a restaurant and located in the area  leased  by  the
  city  of New York to the New York World's Fair 1964-1965 pursuant to the
  provisions of chapter four hundred twenty-eight of the laws of  nineteen

  hundred  sixty  as  amended  by chapter nine hundred nine of the laws of
  nineteen hundred sixty-one during the term or duration  of  such  lease,
  notwithstanding  the  fact that said premises is not open to the general
  public  as required by this chapter provided that such premises has been
  designated as an authorized  facility  of  the  New  York  World's  Fair
  1964-1965  Corporation and has been certified to the liquor authority by
  said corporation as such.