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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