§ 64-a. Special license to sell liquor at retail for consumption onthe premises. 1. On or before September first, nineteen hundredsixty-nine, any license issued under section sixty-four of this articlemay be converted into a special on-premises license under this sectionupon the granting of a request for conversion filed with the liquorauthority by the holder of said license. Such a request shall be grantedby the authority except for good cause shown. The granting of such arequest shall constitute conversion of said license into a specialon-premises license subject to the provisions of this chapter applicableto special on-premises licenses issued under this section.2. On or after October first, nineteen hundred sixty-four, any personmay make an application to the appropriate board for a special licenseto sell liquor at retail to be consumed on the premises where sold.
3. Such application shall be in such form and shall contain suchinformation as shall be required by the rules of the liquor authorityand shall be accompanied by a check or draft in the amount required bythis article for such license.
4. Section fifty-four shall control so far as applicable the procedurein connection with such application.
5. Such special license shall in form and in substance be a license tothe person specifically licensed to sell liquor at retail to be consumedon the premises specifically licensed. Such license shall also be deemedto include a license to sell wine and beer at retail to be consumedunder the same terms and conditions, without the payment of anyadditional fee.
* 6. No special on-premises license shall be granted except forpremises in which the principal business shall be (a) the sale of foodor beverages at retail for consumption on the premises or (b) theoperation of a legitimate theatre, including a motion picture theatrethat is a building or facility which is regularly used and kept openprimarily for the exhibition of motion pictures for at least five out ofseven days a week, or on a regular seasonal basis of no less than sixcontiguous weeks, to the general public where all auditorium seating ispermanently affixed to the floor and at least sixty-five percent of themotion picture theatre's annual gross revenues is the combined result ofadmission revenue for the showing of motion pictures and the sale offood and non-alcoholic beverages, or such other lawful adultentertainment or recreational facility as the liquor authority, givingdue regard to the convenience of the public and the strict avoidance ofsales prohibited by this chapter, shall by regulation classify foreligibility.
* NB Effective until April 20, 2027
* 6. No special on-premises license shall be granted except forpremises in which the principal business shall be (a) the sale of foodor beverages at retail for consumption on the premises or (b) theoperation of a legitimate theatre or such other lawful adultentertainment or recreational facility as the liquor authority, givingdue regard to the convenience of the public and the strict avoidance ofsales prohibited by this chapter, shall by regulation classify foreligibility. Nothing contained in this subdivision shall be deemed toauthorize the issuance of a license to a motion picture theatre, exceptthose meeting the definition of restaurant and meals, and where allseating is at tables where meals are served.
* NB Effective April 20, 2027
7. (a) No special on-premises license shall be granted for anypremises which shall be
(i) on the same street or avenue and within two hundred feet of abuilding occupied exclusively as a school, church, synagogue or otherplace of worship or
(ii) in a city, town or village having a population of twenty thousandor more within five hundred feet of three or more existing premiseslicensed and operating pursuant to this section and sections sixty-four,sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraphare to be taken in straight lines from the center of the nearestentrance of the premises sought to be licensed to the center of thenearest entrance of such school, church, synagogue or other place ofworship or to the center of the nearest entrance of each such premiseslicensed and operating pursuant to this section and sections sixty-four,sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; exceptthat no license shall be denied to any premises at which a license underthis chapter has been in existence continuously from a date prior to thedate when a building on the same street or avenue and within two hundredfeet of said premises has been occupied exclusively as a school, church,synagogue or other place of worship; and except that no license shall bedenied to any premises, which is within five hundred feet of three ormore existing premises licensed and operating pursuant to this sectionand sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-dof this article, at which a license under this chapter has been inexistence continuously on or prior to November first, nineteen hundredninety-three. The liquor authority, in its discretion, may authorize theremoval of any such licensed premises to a different location on thesame street or avenue, within two hundred feet of said school, church,synagogue or other place of worship, provided that such new location isnot within a closer distance to such school, church, synagogue or otherplace of worship.
(b) Within the context of this subdivision, the word "entrance" shallmean a door of a school, of a house of worship, or of premises licensedand operating pursuant to this section and sections sixty-four,sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or ofthe premises sought to be licensed, regularly used to give ingress tostudents of the school, to the general public attending the place ofworship, and to patrons or guests of the premises licensed and operatingpursuant to this section and sections sixty-four, sixty-four-b,sixty-four-c, and/or sixty-four-d of this article or of the premisessought to be licensed, except that where a school or house of worship orpremises licensed and operating pursuant to this section and sectionssixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of thisarticle or the premises sought to be licensed is set back from a publicthoroughfare, the walkway or stairs leading to any such door shall bedeemed an entrance; and the measurement shall be taken to the center ofthe walkway or stairs at the point where it meets the building line orpublic thoroughfare. A door which has no exterior hardware, or which isused solely as an emergency or fire exit, or for maintenance purposes,or which leads directly to a part of a building not regularly used bythe general public or patrons, is not deemed an "entrance".
(c) Notwithstanding paragraph (a) of this subdivision, a specialon-premises license for a premises in which the principal business shallbe the operation of a legitimate theater by a corporation organizedpursuant to the not-for-profit corporation law may be grantednotwithstanding the proximity of such premises to any school, providedthat the availability of alcoholic beverages on such premises shall notbe advertised in any way at such premises in any manner visible fromsuch street or avenue.
(c-1) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises and/or an overnight lodging facility located wholly within theboundaries of the borough of Manhattan in the city and county of NewYork, bounded and described as follows:BEGINNING at a point on the easterly side of 7th Avenue, distant 25 feetnortherly from the northeasterly corner of 7th Avenue and 132nd Street;RUNNING THENCE easterly parallel with the northerly side of 132nd Streetand part of the distance of the distance through a party wall, 75 feet;THENCE northerly parallel with 7th Avenue, 49 feet 11 inches; THENCEwesterly parallel with 132nd Street 75 feet to the easterly side of 7thAvenue; THENCE southerly along the easterly side of 7th Avenue, 49 feet11 inches to the point or place of BEGINNING, being the same premiseslocated at 2247 Adam Clayton Powell, Jr. Boulevard (Seventh Avenue),block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLCto AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand sevenand recorded July seventh, two thousand seven in the Office of the CityRegister, New York County as document number 2007071001657001.
(c-2) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises located wholly within the boundaries of the town of Bainbridge,county of Chenango, bounded and described as follows:
BEGINNING at an iron stake at the curb on the north side of North MainStreet, which stake is in a line with the edge of the concrete sidewalkin front of the Ireland Hardware Block; thence to the joint corner ofsaid hardware block and the concrete post at the southwest corner of theCentral Hotel, twenty-seven (27) feet; thence along the foundation wallof said hotel forty (40) feet to an iron stake under a part of theIreland Hardware Store Building six (6) feet from the corner of saidfoundation wall and on a continuation of said line along the Hotelfoundation; thence at an approximate right angle in a northeasterlydirection along a line parallel to and six (6) feet distant from thefoundation wall on the "ell" of the Hotel to a point six (6) feetdistant from the foundation wall of the main building of the Hotel,fourteen (14) feet; thence again at a right angle in an approximatelynorth-westerly direction on a line parallel to and six (6) feet distantfrom the foundation wall of said Hotel building forty-three (43) feet toan iron stake; thence in a northeasterly direction on a line from saidstake touching the corner of the foundation wall to a point on the lineof premises of the Vendor and premises now owned by Edward Danforth,known as the Danforth Block; thence in a southeasterly direction alongsaid boundary line between said premises, which line is believed to benine (9) feet distant southwesterly from the foundation wall of saidDanforth Block, to the curb line; thence along said curb line in asouthwesterly direction to the point or place of beginning.
Being known and designated on the Chenango County Tax Map for theVillage and Town of Bainbridge as parcel 265.11-2-15 as said tax map wason the 15th day of June 2010.
(c-3) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises and/or an overnight lodging facility located wholly within theboundaries of the borough of Manhattan in the city and county of NewYork, bounded and described as follows:BEGINNING at the intersection formed by the easterly side of FifthAvenue and the southerly side of East 117th Street; andRUNNING THENCE easterly along the southerly side of East 117th Street,110 feet 0 inches;THENCE southerly at right angles to the last mentioned course, 100 feet11 inches;THENCE westerly at right angles to the last mentioned course, 110 feet 0inches at right angles to the easterly side of Fifth Avenue;THENCE northerly along the easterly side of Fifth Avenue at right anglesto the last mentioned course, 100 feet 11 inches to the point or placeof BEGINNING.Being known and designated on the Tax Map of The City of New York, forthe Borough of Manhattan, as Section 6, Block 1622 Lot 73 as said TaxMap was on the 26th day of November 1974.
(c-4) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises located wholly within the boundaries of the city of Binghamton,county of Broome, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,County of Broome, State of New York, more particularly bounded anddescribed as follows:
BEGINNING at the intersection of the east line of Front Street and thesouth line of Main Street; thence easterly along the south line of MainStreet making an interior angle of 100° 54' with the east line of FrontStreet a distance of 35.36 feet to a point in the center line of aformer ten-foot right of way; thence southerly making an interior angleof 79° 15' with the last course a distance of 107 feet to a point in thenorth line of an alley; thence westerly along the north line of saidalley and making an interior angle of 90° 07' with the last course adistance of 35 feet to a point in the east line of Front Street; thencenortherly along said east line of Front Street and making an interiorangle of 89° 44' with the last course a distance of 100.46 feet to thepoint of beginning. Hereby intending to describe the premises commonlyknown as 11 Main Street.
(c-5) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises located wholly within the boundaries of the city of Binghamton,county of Broome, bounded and described as follows:
All that tract or parcel of land, situate in the City of Binghamton,County of Broome and State of New York, on the west side of the ChenangoRiver at the west end of the Court Street Bridge, and bounded anddescribed as follows: Commencing at the southeasterly corner of premisesconveyed by Harry Smolensky and Anna Smolensky to Guilio Mattioli andAnthony F. Mattioli, Sr. by Full Covenant Deed dated February 28th, 1963and recorded in the Broome County Clerk's office in Book 1063 of Deedsat page 731 and running thence northerly along the easterly line ofpremises so conveyed in a straight line to lands formerly the homesteadproperty of Benjamin F. Sisson, the southerly part of which is the thirdparcel of land described in a Warranty Deed from Archie S. Beers byRoland F. Beers, his attorney in fact to Arthur Kradjian and KennethKradjian dated April 18, 1967 and recorded in the Broome County Clerk'soffice in Book 1119 of Deeds at page 737; thence in an easterlydirection along the south line of the said premises formerly of ArthurKradjian and Kenneth Kradjian to the Chenango River; thence southerlyalong the westerly bank of the Chenango River as it winds and turns tothe north side of Main Street; thence in a westerly direction along thenorth side of said Main Street to the point or place of beginning.
(c-6) Notwithstanding the provisions of subparagraph (i) of paragraph(a) of this subdivision, the authority may issue a retail license foron-premises consumption for a premises which shall be within two hundredfeet of a building occupied exclusively as a school, church, synagogueor other place of worship, provided such premises constitutes a premisesfor the sale of food or beverages at retail for consumption on thepremises located wholly within the boundaries of the city of Binghamton,county of Broome, bounded and described as follows:
All that tract or parcel of land situate in the City of Binghamton,County of Broome and State of New York, being a strip of land twelve(12) feet wide, front and rear taken off the entire southerly side ofpremises described in 1936 as follows: All that tract or parcel of landsituate in the City of Binghamton, County of Broome and State of NewYork, and being the homestead property of Benjamin F. Sisson, deceased,situate on the east side of Front Street in said city and being abouteighty-seven (87) feet wide front on Front Street and extending to theChenango River and bounded as follows: on the north by lands of CarrieM. Waldron (formerly owned by Charles D. Rogers), on the south by landsof Conine & Gleason, C. F. & W. W. Sisson, Ida R. Buckingham and JamesW. Lyon; on the east by the Chenango River and on the west by FrontStreet, and including all the lands conveyed to Benjamin F. Sisson bythree deeds, to wit: one from the Village of Binghamton dated April 10,1867 and recorded in the Broome County Clerk's office in Book 74 ofDeeds at page 125; one from Sarah R. Graves and Herman W. Graves datedJuly 9, 1875 and recorded in the Broome County Clerk's office in Book 93of Deeds at page 174; and one from Charles D. Rogers and wife dated July9, 1875 and recorded in the Broome County Clerk's office in Book 98 ofDeed at page 369 and also includes the northerly part of lands conveyedto Benjamin F. Sisson by John S. Wells and wife by deed dated June 28,1853 and recorded in the Broome County Clerk's office in Book 39 ofDeeds at page 401 and 402 to all of which deed reference is had.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph(a) of this subdivision, the authority may issue a license pursuant tothis section for a premises which shall be within five hundred feet ofthree or more existing premises licensed and operating pursuant to thissection and sections sixty-four, sixty-four-b, sixty-four-c, and/orsixty-four-d of this article if, after consultation with themunicipality or community board, it determines that granting suchlicense would be in the public interest. Before it may issue any suchlicense, the authority shall conduct a hearing, upon notice to theapplicant and the municipality or community board, and shall state andfile in its office its reasons therefor. Notice to the municipality orcommunity board shall mean written notice mailed by the authority tosuch municipality or community board at least fifteen days in advance ofany hearing scheduled pursuant to this paragraph. Upon the request ofthe authority, any municipality or community board may waive the fifteenday notice requirement. The hearing may be rescheduled, adjourned orcontinued, and the authority shall give notice to the applicant and themunicipality or community board of any such rescheduled, adjourned orcontinued hearing. Before the authority issues any said license, theauthority or one or more of the commissioners thereof may, in additionto the hearing required by this paragraph, also conduct a public meetingregarding said license, upon notice to the applicant and themunicipality or community board. The public meeting may be rescheduled,adjourned or continued, and the authority shall give notice to theapplicant and the municipality or community board of any suchrescheduled, adjourned or continued public meeting. No premises havingbeen granted a license pursuant to this section shall be denied arenewal of such license upon the grounds that such premises are withinfive hundred feet of a building or buildings wherein three or morepremises are licensed and operating pursuant to this section andsections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d ofthis article.
(e) Within the context of this subdivision, a building occupied as aplace of worship does not cease to be "exclusively" occupied as a placeof worship by incidental uses that are not of a nature to detract fromthe predominant character of the building as a place of worship, suchuses which include, but which are not limited to: the conduct of legallyauthorized games of bingo or other games of chance held as a means ofraising funds for the not-for-profit religious organization whichconducts services at the place of worship or for other not-for-profitorganizations or groups; use of the building for fund-raisingperformances by or benefitting the not-for-profit religious organizationwhich conducts services at the place of worship or other not-for-profitorganizations or groups; the use of the building by other religiousorganizations or groups for religious services or other purposes; theconduct of social activities by or for the benefit of the congregants;the use of the building for meetings held by organizations or groupsproviding bereavement counseling to persons having suffered the loss ofa loved one, or providing advice or support for conditions or diseasesincluding, but not limited to, alcoholism, drug addiction, cancer,cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use ofthe building for blood drives, health screenings, health informationmeetings, yoga classes, exercise classes or other activities intended topromote the health of the congregants or other persons; and use of thebuilding by non-congregant members of the community for private socialfunctions. The building occupied as a place of worship does not cease tobe "exclusively" occupied as a place of worship where the not-for-profitreligious organization occupying the place of worship accepts thepayment of funds to defray costs related to another party's use of thebuilding.
* 8. Every special on-premises licensee shall regularly keep foodavailable for sale to its customers for consumption on the premises. Theavailability of sandwiches, soups or other foods, whether fresh,processed, pre-cooked or frozen, shall be deemed compliance with thisrequirement. For motion picture theatres licensed under paragraph (b) ofsubdivision six of this section, food that is typically found in amotion picture theatre, including but not limited to: popcorn, candy,and light snacks, shall be deemed to be in compliance with thisrequirement. The licensed premises shall comply at all times with allthe regulations of the local department of health. Nothing contained inthis subdivision, however, shall be construed to require that any foodbe sold or purchased with any liquor, nor shall any rule, regulation orstandard be promulgated or enforced requiring that the sale of food besubstantial or that the receipts of the business other than from thesale of liquor equal any set percentage of total receipts from salesmade therein.
* NB Effective until April 20, 2027
* 8. Every special on-premises licensee shall regularly keep foodavailable for sale to its customers for consumption on the premises. Theavailability of sandwiches, soups or other foods, whether fresh,processed, pre-cooked or frozen, shall be deemed compliance with thisrequirement. The licensed premises shall comply at all times with allthe regulations of the local department of health. Nothing contained inthis subdivision, however, shall be construed to require that any foodbe sold or purchased with any liquor, nor shall any rule, regulation orstandard be promulgated or enforced requiring that the sale of food besubstantial or that the receipts of the business other than from thesale of liquor equal any set percentage of total receipts from salesmade therein.
* NB Effective April 20, 2027
* 9. In the case of a motion picture theatre applying for a licenseunder this section, any municipality required to be notified undersection one hundred ten-b of this chapter may express an opinion withrespect to whether the application should be approved, and such opinionmay be considered in determining whether good cause exists to deny anysuch application.
* NB Effective until April 20, 2027
* 9. The liquor authority may make such rules as it deems necessary tocarry out the provisions of this section.
* NB Effective April 20, 2027
* 10. The liquor authority may make such rules as it deems necessaryto carry out the provisions of this section.
* NB Effective until April 20, 2027
