STATE OF NEW YORK ________________________________________________________________________ 5387 2025-2026 Regular Sessions IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. TAPIA -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to authorizing the liquor authority to issue licenses to new premises for the sale of liquor where such premises is within two hundred feet of a place of worship, or where three or more such premises already exist in counties of a certain population The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (f) of subdivision 7 of section 64 2 of the alcoholic beverage control law, paragraphs (a) and (b) as amended 3 by chapter 463 of the laws of 2009 and paragraph (f) as amended by chap- 4 ter 185 of the laws of 2012, are 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; provided, however, that the authority may issue a 8 retail license for on-premises consumption for a premises that is within 9 two hundred feet of a building occupied exclusively as a school, church, 10 synagogue or other place of worship if the owner or administrator of 11 such school, church, synagogue or other place of worship affirmatively 12 states support for the issuance of such a license; or 13 (b) in a [city, town or village having a population of twenty thousand 14 or more] county having a population between one million six hundred 15 thousand and one million seven hundred thousand as of the two thousand 16 twenty census as conducted by the United States department of commerce 17 within five hundred feet of three or more existing premises licensed and 18 operating pursuant to this section and sections sixty-four-a, sixty- 19 four-b, sixty-four-c, and/or sixty-four-d of this article; 20 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 21 sion, in a county having a population between one million six hundred 22 thousand and one million seven hundred thousand as of the two thousand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08167-01-5
A. 5387 2 1 twenty census as conducted by the United States department of commerce, 2 the authority may issue a license pursuant to this section for a prem- 3 ises which shall be within five hundred feet of three or more existing 4 premises licensed and operating pursuant to this section and sections 5 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 6 article if, after consultation with the municipality or community board, 7 it determines that granting such license would be in the public inter- 8 est. Before it may issue any such license, the authority shall conduct a 9 hearing, upon notice to the applicant and the municipality or community 10 board, and shall state and file in its office its reasons therefor. The 11 hearing may be rescheduled, adjourned or continued, and the authority 12 shall give notice to the applicant and the municipality or community 13 board of any such rescheduled, adjourned or continued hearing. Before 14 the authority issues any said license, the authority or one or more of 15 the commissioners thereof may, in addition to the hearing required by 16 this paragraph, also conduct a public meeting regarding said license, 17 upon notice to the applicant and the municipality or community board. 18 The public meeting may be rescheduled, adjourned or continued, and the 19 authority shall give notice to the applicant and the municipality or 20 community board of any such rescheduled, adjourned or continued public 21 meeting. Notice to the municipality or community board shall mean writ- 22 ten notice mailed by the authority to such municipality or community 23 board at least fifteen days in advance of any hearing scheduled pursuant 24 to this paragraph. Upon the request of the authority, any municipality 25 or community board may waive the fifteen day notice requirement. No 26 premises having been granted a license pursuant to this section shall be 27 denied a renewal of such license upon the grounds that such premises are 28 within five hundred feet of a building or buildings wherein three or 29 more premises are 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. 32 § 2. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (d) of 33 subdivision 7 of section 64-a of the alcoholic beverage control law, 34 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 35 the laws of 2009 and paragraph (d) as amended by chapter 185 of the laws 36 of 2012, are amended to read as follows: 37 (i) on the same street or avenue and within two hundred feet of a 38 building occupied exclusively as a school, church, synagogue or other 39 place of worship; provided, however, that the authority may issue a 40 retail license for on-premises consumption for a premises that is within 41 two hundred feet of a building occupied exclusively as a school, church, 42 synagogue or other place of worship if the owner or administrator of 43 such school, church, synagogue or other place of worship affirmatively 44 states support for the issuance of such a license; or 45 (ii) in a [city, town or village having a population of twenty thou- 46 sand or more] county having a population between one million six hundred 47 thousand and one million seven hundred thousand as of the two thousand 48 twenty census as conducted by the United States department of commerce 49 within five hundred feet of three or more existing premises licensed and 50 operating pursuant to this section and sections sixty-four, 51 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 52 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 53 (a) of this subdivision, in a county having a population between one 54 million six hundred thousand and one million seven hundred thousand as 55 of the two thousand twenty census as conducted by the United States 56 department of commerce, the authority may issue a license pursuant to
A. 5387 3 1 this section for a premises which shall be within five hundred feet of 2 three or more existing premises licensed and operating pursuant to this 3 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 4 sixty-four-d of this article if, after consultation with the munici- 5 pality or community board, it determines that granting such license 6 would be in the public interest. Before it may issue any such license, 7 the authority shall conduct a hearing, upon notice to the applicant and 8 the municipality or community board, and shall state and file in its 9 office its reasons therefor. Notice to the municipality or community 10 board shall mean written notice mailed by the authority to such munici- 11 pality or community board at least fifteen days in advance of any hear- 12 ing scheduled pursuant to this paragraph. Upon the request of the 13 authority, any municipality or community board may waive the fifteen day 14 notice requirement. The hearing may be rescheduled, adjourned or contin- 15 ued, and the authority shall give notice to the applicant and the muni- 16 cipality or community board of any such rescheduled, adjourned or 17 continued hearing. Before the authority issues any said license, the 18 authority or one or more of the commissioners thereof may, in addition 19 to the hearing required by this paragraph, also conduct a public meeting 20 regarding said license, upon notice to the applicant and the munici- 21 pality or community board. The public meeting may be rescheduled, 22 adjourned or continued, and the authority shall give notice to the 23 applicant and the municipality or community board of any such resched- 24 uled, adjourned or continued public meeting. No premises having been 25 granted a license pursuant to this section shall be denied a renewal of 26 such license upon the grounds that such premises are within five hundred 27 feet of a building or buildings wherein three or more premises are 28 licensed and operating pursuant to this section and sections sixty-four, 29 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 30 § 3. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of 31 subdivision 5 of section 64-b of the alcoholic beverage control law, 32 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 33 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws 34 of 2012, are amended to read as follows: 35 (i) on the same street or avenue and within two hundred feet of a 36 building occupied exclusively as a school, church, synagogue or other 37 place of worship; provided, however, that the authority may issue a 38 retail license for on-premises consumption for a premises that is within 39 two hundred feet of a building occupied exclusively as a school, church, 40 synagogue or other place of worship if the owner or administrator of 41 such school, church, synagogue or other place of worship affirmatively 42 states support for the issuance of such a license; or 43 (ii) in a [city, town or village having a population of twenty thou- 44 sand or more] county having a population between one million six hundred 45 thousand and one million seven hundred thousand as of the two thousand 46 twenty census as conducted by the United States department of commerce 47 within five hundred feet of three or more existing premises licensed and 48 operating pursuant to this section and sections sixty-four, 49 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; 50 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 51 (a) of this subdivision, in a county having a population between one 52 million six hundred thousand and one million seven hundred thousand as 53 of the two thousand twenty census as conducted by the United States 54 department of commerce, the authority may issue a license pursuant to 55 this section for a premises which shall be within five hundred feet of 56 three or more existing premises licensed and operating pursuant to this
A. 5387 4 1 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 2 sixty-four-d of this article if, after consultation with the munici- 3 pality or community board, it determines that granting such license 4 would be in the public interest. Before it may issue any such license, 5 the authority shall conduct a hearing, upon notice to the applicant and 6 the municipality or community board, and shall state and file in its 7 office its reasons therefor. The hearing may be rescheduled, adjourned 8 or continued, and the authority shall give notice to the applicant and 9 the municipality or community board of any such rescheduled, adjourned 10 or continued hearing. Before the authority issues any said license, the 11 authority or one or more of the commissioners thereof may, in addition 12 to the hearing required by this paragraph, also conduct a public meeting 13 regarding said license, upon notice to the applicant and the munici- 14 pality or community board. The public meeting may be rescheduled, 15 adjourned or continued, and the authority shall give notice to the 16 applicant and the municipality or community board of any such resched- 17 uled, adjourned or continued public meeting. Notice to the municipality 18 or community board shall mean written notice mailed by the authority to 19 such municipality or community board at least fifteen days in advance of 20 any hearing scheduled pursuant to this paragraph. Upon the request of 21 the authority, any municipality or community board may waive the fifteen 22 day notice requirement. No premises having been granted a license pursu- 23 ant to this section shall be denied a renewal of such license upon the 24 grounds that such premises are within five hundred feet of a building or 25 buildings wherein three or more premises are licensed and operating 26 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 27 four-c, and/or sixty-four-d of this article. 28 § 4. Subparagraphs (i) and (ii) of paragraph (a) and paragraph (c) of 29 subdivision 11 of section 64-c of the alcoholic beverage control law, 30 subparagraphs (i) and (ii) of paragraph (a) as amended by chapter 463 of 31 the laws of 2009 and paragraph (c) as amended by chapter 185 of the laws 32 of 2012, are amended to read as follows: 33 (i) on the same street or avenue and within two hundred feet of a 34 building occupied exclusively as a school, church, synagogue or other 35 place of worship; provided, however, that the authority may issue a 36 retail license for on-premises consumption for a premises that is within 37 two hundred feet of a building occupied exclusively as a school, church, 38 synagogue or other place of worship if the owner or administrator of 39 such school, church, synagogue or other place of worship affirmatively 40 states support for the issuance of such a license; or 41 (ii) in a [city, town or village having a population of twenty thou- 42 sand or more] county having a population between one million six hundred 43 thousand and one million seven hundred thousand as of the two thousand 44 twenty census as conducted by the United States department of commerce 45 within five hundred feet of three or more existing premises licensed and 46 operating pursuant to the provisions of this section or sections sixty- 47 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or 48 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 49 (a) of this subdivision, in a county having a population between one 50 million six hundred thousand and one million seven hundred thousand as 51 of the two thousand twenty census as conducted by the United States 52 department of commerce, the authority may issue a license pursuant to 53 this section for a premises which shall be within five hundred feet of 54 three or more existing premises licensed and operating pursuant to this 55 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 56 sixty-four-d of this article if, after consultation with the munici-
A. 5387 5 1 pality or community board, it determines that granting such license 2 would be in the public interest. Before it may issue any such license, 3 the authority shall conduct a hearing, upon notice to the applicant and 4 the municipality or community board, and shall state and file in its 5 office its reasons therefor. The hearing may be rescheduled, adjourned 6 or continued, and the authority shall give notice to the applicant and 7 the municipality or community board of any such rescheduled, adjourned 8 or continued hearing. Before the authority issues any said license, the 9 authority or one or more of the commissioners thereof may, in addition 10 to the hearing required by this paragraph, also conduct a public meeting 11 regarding said license, upon notice to the applicant and the munici- 12 pality or community board. The public meeting may be rescheduled, 13 adjourned or continued, and the authority shall give notice to the 14 applicant and the municipality or community board of any such resched- 15 uled, adjourned or continued public meeting. Notice to the municipality 16 or community board shall mean written notice mailed by the authority to 17 such municipality or community board at least fifteen days in advance of 18 any hearing scheduled pursuant to this paragraph. Upon the request of 19 the authority, any municipality or community board may waive the fifteen 20 day notice requirement. No premises having been granted a license pursu- 21 ant to this section shall be denied a renewal of such license upon the 22 grounds that such premises are within five hundred feet of a building or 23 buildings wherein three or more premises are operating and licensed 24 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 25 four-b and/or sixty-four-d of this article. 26 § 5. Paragraphs (a), (b) and (e) of subdivision 8 of section 64-d of 27 the alcoholic beverage control law, paragraphs (a) and (b) as amended by 28 chapter 463 of the laws of 2009 and paragraph (e) as amended by chapter 29 185 of the laws of 2012, are amended to read as follows: 30 (a) on the same street or avenue and within two hundred feet of a 31 building occupied exclusively as a school, church, synagogue or other 32 place of worship; provided, however, that the authority may issue a 33 retail license for on-premises consumption for a premises that is within 34 two hundred feet of a building occupied exclusively as a school, church, 35 synagogue or other place of worship if the owner or administrator of 36 such school, church, synagogue or other place of worship affirmatively 37 states support for the issuance of such a license; or 38 (b) in a [city, town or village having a population of twenty thousand 39 or more] county having a population between one million six hundred 40 thousand and one million seven hundred thousand as of the two thousand 41 twenty census as conducted by the United States department of commerce 42 within five hundred feet of an existing premises licensed and operating 43 pursuant to the provisions of this section, or within five hundred feet 44 of three or more existing premises licensed and operating pursuant to 45 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 46 sixty-four-c of this article. 47 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 48 sion, in a county having a population between one million six hundred 49 thousand and one million seven hundred thousand as of the two thousand 50 twenty census as conducted by the United States department of commerce, 51 the authority may issue a license pursuant to this section for a prem- 52 ises which shall be within five hundred feet of an existing premises 53 licensed and operating pursuant to the provisions of this section or 54 within five hundred feet of three or more existing premises licensed and 55 operating pursuant to this section and sections sixty-four, 56 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
A. 5387 6 1 after consultation with the municipality or community board, it deter- 2 mines that granting such license would be in the public interest. 3 Before it may issue any such license, the authority shall conduct a 4 hearing, upon notice to the applicant and the municipality or community 5 board, and shall state and file in its office its reasons therefor. The 6 hearing may be rescheduled, adjourned or continued, and the authority 7 shall give notice to the applicant and the municipality or community 8 board of any such rescheduled, adjourned or continued hearing. Before 9 the authority issues any said license, the authority or one or more of 10 the commissioners thereof may, in addition to the hearing required by 11 this paragraph, also conduct a public meeting regarding said license, 12 upon notice to the applicant and the municipality or community board. 13 The public meeting may be rescheduled, adjourned or continued, and the 14 authority shall give notice to the applicant and the municipality or 15 community board of any such rescheduled, adjourned or continued public 16 meeting. Notice to the municipality or community board shall mean writ- 17 ten notice mailed by the authority to such municipality or community 18 board at least fifteen days in advance of any hearing scheduled pursuant 19 to this paragraph. Upon the request of the authority, any municipality 20 or community board may waive the fifteen day notice requirement. No 21 premises having been granted a license pursuant to this section shall be 22 denied a renewal of such license upon the grounds that such premises are 23 within five hundred feet of an existing premises licensed and operating 24 pursuant to the provisions of this section or within five hundred feet 25 of a building or buildings wherein three or more premises are licensed 26 and operating pursuant to this section and sections sixty-four, sixty- 27 four-a, sixty-four-b, and/or sixty-four-c of this article. 28 § 6. This act shall take effect immediately.