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New York Alcoholic Beverage Control Law Section 64-b - License To Sell Liquor On Premises Commonly Known As A Bottle Club.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 64-b - License To Sell Liquor On Premises Commonly Known As A Bottle Club.
§ 64-b. License to sell liquor on premises commonly known as a bottle
club. 1. It shall be unlawful for any person, partnership or corporation
operating a place for profit or pecuniary gain, with a capacity for the
assemblage of twenty or more persons to permit a person or persons to
come to the place of assembly for the purpose of consuming alcoholic
beverages on said premises, which alcoholic beverages are either
provided by the operator of the place of assembly, his agents, servants
or employees, or are brought onto said premises by the person or persons
assembling at such place, unless an appropriate license has first been
obtained from the state liquor authority by the operator of said place
of assembly. Nothing in this section shall be construed as affecting
the definition of place of assembly in this chapter or any other law.
Nothing contained herein shall prohibit or restrict the leasing or use
of such place of assemblage as defined herein by any organization or
club enumerated in subdivision seven hereof.
2. Upon or after the effective date hereof any person may make an
application to the appropriate board for a special license to operate a
bottle club.
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 of this chapter shall control so far as
applicable the procedure in connection with such application.
5. No bottle club license shall be granted for any premises which
shall be 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; the measurements to be taken in a straight line from
the center of the nearest entrance of such school, church, synagogue or
other place of worship to the center of the nearest entrance of the
premises to be licensed; 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.
6. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
7. This section shall not apply to any non-profit religious,
charitable, or fraternal organization nor to a club as defined in
section three, subdivision nine of this chapter, nor to a duly
recognized political club, except that it shall be unlawful for any of
the above to permit consumption of alcoholic beverages during the hours
prohibited by or pursuant to section one hundred six of the alcoholic
beverage control law.
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Last modified: August 26, 2006 |