BILL NUMBER: S10559A
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to an
exemption for certain property from the prohibition of alcohol sales
within a certain distance of a school or place of worship
 
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the State Liquor Authority to issue an on-premises retail
license for a specifically identified property in Lower Manhattan that
is otherwise restricted under the Alcoholic Beverage Control Law's 200-
foot rule regarding proximity to a place of worship.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 7 of section 64 of the alco-
holic beverage control law by adding a new paragraph (e-18) creating a
narrowly tailored exemption to the 200-foot rule for a specifically
described premises located wholly within Manhattan. The bill permits the
issuance of an on-premises retail license for the sale of food or bever-
ages at retail for on-premises consumption at the designated location.
The bill contains a detailed legal description of the affected parcel
and associated easement parcel.
Section five of the bill sets forth the effective date.
 
JUSTIFICATION:
Under current law, the Alcoholic Beverage Control Law generally prohib-
its the issuance of an on-premises liquor license for establishments
located within 200 feet of a building occupied exclusively as a church,
synagogue, or other place of worship. White this restriction serves an
important public purpose, there are circumstances where a narrowly
tailored exemption is appropriate due to the unique characteristics of a
particular property and surrounding commercial environment.
This legislation authorizes the State Liquor Authority to consider and
issue a retail license for a specifically identified premises in Lower
Manhattan that would otherwise be prohibited solely because of its prox-
imity to a place of worship. The property is located in a dense mixed-
use commercial area where restaurants and hospitality establishments are
common and contribute significantly to neighborhood vitality and econom-
ic activity.
The bill does not create a broad statewide exemption or weaken the
underlying protections of the 200-foot rule. Instead, it provides a
site-specific remedy applicable only to the parcel described in the
legislation. Granting this exemption would support economic activity,
commercial occupancy, and activation of the property while preserving
the State Liquor Authority's broader regulatory authority over licens-
ing, public safety, and operational compliance.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10559: 64 alcoholic beverage control law, 64(7) alcoholic beverage control law
S10559A: 64 alcoholic beverage control law, 64(7) alcoholic beverage control law