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New York Alcoholic Beverage Control Law Section 64-d - License To Sell Liquor On Premises Commonly Known As A Cabaret.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 64-d - License To Sell Liquor On Premises Commonly Known As A Cabaret.
§ 64-d. License to sell liquor on premises commonly known as a
cabaret. 1. Any person may make an application to the state liquor
authority to operate a cabaret.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this article
for such license.
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located, not less than thirty days prior to the submission of its
application for a license under this section or for a renewal thereof.
For the purposes of the preceding sentence notification need only be
given to the clerk of a village when such premises is to be located
within the boundaries of the village. In the city of New York, the
community board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which such
licensed premises is to be located shall be considered the appropriate
public body to which notification shall be given. Such municipality or
community board, as the case may be, may express an opinion for or
against the granting of such license. Any such opinion shall be deemed
part of the record upon which the liquor authority makes its
determination to grant or deny such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such cabaret license shall in form and in substance be a license to
the person specifically licensed to operate a cabaret and 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. A license under this section shall be required of any licensee upon
whose premises musical entertainment, singing, dancing or other forms of
entertainment is permitted; provided, however, that this section shall
only apply to licensees whose premises have a capacity for the
assemblage of six hundred or more persons. Nothing contained in this
subdivision shall be construed as requiring a license under this section
by an establishment licensed under section sixty-four or paragraph (b)
of subdivision six of section sixty-four-a of this article.
7. The authority shall consider all of the following in determining
whether public convenience and advantage and the public interest will be
promoted by the granting of a license pursuant to this section:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and
permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular
traffic and parking in the proximity of 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; and
(f) any other factors specified by law or regulation that are relevant
to determine the public convenience or advantage and necessary to find
that the granting of such license shall be in the public interest.
8. No cabaret license 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 an existing premises licensed and
operating pursuant to the provisions of this section, or within five
hundred feet of three or more existing premises licensed and operating
pursuant to sections sixty-four and sixty-four-c of this article.
The measurements in paragraphs (a) and (b) of this subdivision shall
be taken in accordance with the provisions of subdivision seven of
section sixty-four of this article.
9. On or within ninety days of the effective date of this section, any
person who holds a license under section sixty-four of this article to
sell beer, wine and liquor at retail for consumption on the premises and
who operates pursuant to the provisions of subdivision six of this
section shall file an application with the liquor authority to convert
such license into a license under this section. Such an application
shall be granted by the authority except for good cause shown. The
granting of such an application shall constitute conversion of said
license into a cabaret license subject to the provisions of this chapter
applicable to cabaret licenses issued under this section; provided,
however, that no licensee applying for such conversion shall be denied
on the grounds that such application fails to meet the requirements of
subdivision eight of this section.
10. All other provisions of this chapter relative to licenses to sell
liquor at retail for consumption on the premises shall apply as far as
applicable.
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Last modified: August 26, 2006 |