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New York Alcoholic Beverage Control Law Section 64 - 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 - License To Sell Liquor At Retail For Consumption On The Premises.
§ 64. License to sell liquor at retail for consumption on the
premises. 1. Notwithstanding the provisions of subdivision two of
section seventeen of this chapter, any person may make an application to
the appropriate board for a license to sell liquor at retail to be
consumed on the premises where sold, and such licenses shall be issued
to all applicants except for good cause shown.
2. 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.
2-a. Notwithstanding any other provision of this chapter, upon receipt
of an application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or an
application for an alteration to a premises licensed for consumption on
the premises under section ninety-nine-d of this chapter, 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, or alteration 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 pursuant to section one
hundred nine of this chapter. 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 board
makes its determination to grant or deny such license.
3. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
upon the premises. 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.
5. No retail license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel provided that
a restaurant is operated in such premises, restaurant, catering
establishment, club, railroad car, vessel or aircraft being operated on
regularly scheduled flights by a United States certificated airline.
5-a. Notwithstanding the provisions of subdivision five of this
section, a liquor license may be issued under this section to an
establishment designated and commonly known and operated as a "bed and
breakfast" regardless of whether or not a restaurant is operated in such
establishment, provided that such license shall only permit the sale of
alcoholic beverages to overnight guests of such establishment.
6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of sixty-two
dollars and fifty cents; provided, however, that this permission shall
not be granted if an off-premise license has been granted for premises
located within eight miles of such hotel.
6-a. The authority may consider any or all of the following in
determining whether public convenience and advantage and the public
interest will be promoted by the granting of licenses and permits for
the sale of alcoholic beverages at a particular unlicensed location:
(a) The number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof.
(b) Evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies.
(c) Effect of the grant of the license on vehicular traffic and
parking in proximity to 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.
(f) Any other factors specified by law or regulation that are relevant
to determine the public convenience and advantage and public interest of
the community.
7. No retail license for on-premises consumption 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 three or more existing premises
licensed and operating pursuant to the provisions of this section;
(c) the measurements in paragraphs (a) and (b) of this subdivision 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, however,
that no renewal license shall be denied because of such restriction to
any premises so located which were maintained as a bona fide hotel,
restaurant, catering establishment or club on or prior to December
fifth, nineteen hundred thirty-three; and, 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; and except that this subdivision shall not be deemed to
restrict the issuance of a hotel liquor license to a building used as a
hotel and in which a restaurant liquor license currently exists for
premises which serve as a dining room for guests of the hotel and a
caterer's license to a person using the permanent catering facilities of
a church, synagogue or other place of worship pursuant to a written
agreement between such person and the authorities in charge of such
facilities. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) 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".
(e) Notwithstanding the provisions of this chapter to the contrary,
the authority may issue a license to sell liquor at retail to be
consumed on premises to a club as such term is defined in subdivision
nine of section three of this chapter whether or not the building in
which the premises for which such license is to be issued is used
exclusively for club purposes and whether or not such premises is within
two hundred feet of a building used exclusively as a school, church,
synagogue or place of worship if such club is affiliated or associated
with such school, church, synagogue or place of worship and the
governing body of such school, church, synagogue or other place of
worship has filed written notice with the authority that it has no
objection to the issuance of such license.
(e-1) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises and/or an
overnight lodging facility located wholly within the boundaries of the
borough of Manhattan in the city and county of New York, bounded and
described as follows:
BEGINNING at a point on the southerly side of 49th Street, distant 160
feet easterly from the corner formed by the intersection of the
southerly side of 49th Street with the easterly side of 8th Avenue;
running thence southerly, parallel with 8th Avenue and part of the
distance through a party wall, 100 feet 5 inches to the center line of
the block between 48th and 49th Streets; thence easterly along the
center line of the block, 40 feet; thence northerly, parallel with 8th
Avenue and part of the distance through a party wall, 100 feet 5 inches
to the southerly side of 49th Street; thence westerly along the
southerly side of 49th Street, 40 feet to the point or place of
beginning. Premises known as 240 and 242 West 49th Street, New York
City. Being the same premises described in deed made by Hotel Mayfair
Inc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50
in liber 4657 Cp. 250.
(e-2) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Ulster, bounded and
described as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements erected thereon, situated in the Village of Ellenville,
Town of Wawarsing, County of Ulster and State of New York, being further
bounded and described as follows:
Beginning at a three-quarter inch diameter iron rod found on the
southwesterly bounds of Canal Street, marking the northeasterly corner
of the lands, now or formerly, John Georges, as described in liber 2645
of deeds at page 278.
Thence along the southeasterly bounds of the lands of John Georges,
passing 1.42 feet northwesterly from the southwesterly corner of the
building situated on the premises described herein, South thirty-nine
degrees, forty-one minutes, fifty-two seconds West, one hundred fifty
and zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly
bounds of the lands, now or formerly, Thomas Powers, as described in
liber 1521 of deeds at page 749. Thence along the northeasterly bounds
of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16
E, 28.00').
Thence passing 1.92 feet southeasterly from the southeasterly corner
of the building situated on the premises described herein. North
thirty-nine degrees, forty-one minutes, fifty-two seconds East, one
hundred fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the
southwesterly bounds of Canal Street.
Thence along the southwesterly bounds of Canal Street, North fifty
degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and
zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
Being the same premises as conveyed by deed dated September 2, 1999
from Chris M. Camio as Executor of the Last Will and Testament of Alice
Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
September 15, 1999 in Liber 2966 at page 291.
The undivided interests of John Harris and Alfred S. Dannhauser having
been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
in the Ulster County Clerk's Office in Liber 3213 p 65.
(f) Notwithstanding the provisions of paragraph (b) 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. Notice to the municipality or community board
shall mean written notice mailed by the authority to such municipality
or community board at least fifteen days in advance of any hearing
scheduled pursuant to this paragraph. Upon the request of the authority,
any municipality or community board may waive the fifteen day notice
requirement. 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. A license issued for such premises as are being conducted as a
catering establishment shall authorize the holder thereof to sell
alcoholic beverages at retail during such period of time as a function,
occasion or event is in progress therein and then only to persons
invited to and attending such function, occasion or event and only for
consumption on the premises where sold.
9. A retail license under this section may be granted for a premises
being conducted as a restaurant and located in the area leased by the
city of New York to the New York World's Fair 1964-1965 pursuant to the
provisions of chapter four hundred twenty-eight of the laws of nineteen
hundred sixty as amended by chapter nine hundred nine of the laws of
nineteen hundred sixty-one during the term or duration of such lease,
notwithstanding the fact that said premises is not open to the general
public as required by this chapter provided that such premises has been
designated as an authorized facility of the New York World's Fair
1964-1965 Corporation and has been certified to the liquor authority by
said corporation as such.
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Last modified: August 26, 2006 |