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New York Alcoholic Beverage Control Law Section 64-a - Special License To Sell Liquor At Retail For Consumption On The Premises.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 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.
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 the provisions of this section;
(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 the provisions of this section;
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 the provisions of this section, at which a license under this chapter
has been in existence continuously on or prior to November first,
nineteen hundred ninety-three.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section 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 the
provisions of this section or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section 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.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within five
hundred feet of three or more existing premises licensed and operating
pursuant to the provisions of this section 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. 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 operating
and licensed pursuant to this section.
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.
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Last modified: August 26, 2006 |