S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1380
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Economic Development
       AN ACT to amend the alcoholic beverage control law, in relation to wine,
         beer and liquor in motion picture theatres
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3 of the alcoholic beverage control law is  amended
    2  by adding a new subdivision 20-f to read as follows:
    3    20-F. "MOTION PICTURE THEATRE" SHALL MEAN A BUILDING OR FACILITY WHICH
    4  IS  REGULARLY  USED AND KEPT OPEN PRIMARILY FOR THE EXHIBITION OF MOTION
    5  PICTURES ON A DAILY BASIS TO THE GENERAL  PUBLIC  WHERE  ALL  AUDITORIUM
    6  SEATING  IS  PERMANENTLY  AFFIXED  TO  THE FLOOR AND AT LEAST SIXTY-FIVE
    7  PERCENT OF THE MOTION PICTURE THEATRE'S ANNUAL  GROSS  REVENUES  IS  THE
    8  COMBINED  RESULT OF ADMISSION REVENUE FOR THE SHOWING OF MOTION PICTURES
    9  AND THE SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES.
   10    S 2. The alcoholic beverage control law is amended  by  adding  a  new
   11  section 64-e to read as follows:
   12    S  64-E. LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREM-
   13  ISES IN A MOTION PICTURE THEATRE. 1. ANY PERSON MAY MAKE AN  APPLICATION
   14  TO THE STATE LIQUOR AUTHORITY FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR
   15  CONSUMPTION  ON  THE  PREMISES IN A MOTION PICTURE THEATRE AS DEFINED IN
   16  SUBDIVISION TWENTY-F OF SECTION THREE OF THIS CHAPTER.
   17    2. A LICENSE UNDER THIS SECTION SHALL  BE  ISSUED  TO  ALL  APPLICANTS
   18  EXCEPT FOR GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE EXISTS TO
   19  DENY AN APPLICATION, THE AUTHORITY MAY CONSIDER:
   20    (A)  THE HISTORY OF LIQUOR VIOLATIONS AND DOCUMENTED CRIMINAL ACTIVITY
   21  AT THE PROPOSED PREMISES CONNECTED WITH  THE  SALE  AND  CONSUMPTION  OF
   22  ALCOHOLIC BEVERAGES;
   23    (B)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE BEEN
   24  OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES FOR THE OPERATION
   25  OF THE MOTION PICTURE THEATRE AND SALE OF ALCOHOLIC BEVERAGES;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01194-01-5
       A. 1380                             2
    1    (C) THE AGGREGATE NUMBER OF SEATS IN THE MOTION PICTURE THEATRE;
    2    (D)  THE APPLICANT'S PROPOSED METHOD OF OPERATION AND ALCOHOLIC BEVER-
    3  AGE CONTROL PLAN;
    4    (E) OBJECTIONS FROM THE LOCAL MUNICIPALITY BASED ON EVIDENCE OF  NEGA-
    5  TIVE IMPACTS TO THE SURROUNDING COMMUNITY;
    6    (F)  ANY  OTHER  FACTORS, IN THE JUDGMENT OF THE AUTHORITY, THAT WOULD
    7  CREATE A RISK IN THE ORDERLY ENFORCEMENT OF THIS CHAPTER; AND
    8    (G) ANY OTHER FACTORS, SUCH AS THE CHARACTER AND FITNESS OF THE APPLI-
    9  CANT TO HOLD A LICENSE, THAT ARE  RELEVANT  TO  DETERMINE  WHETHER  GOOD
   10  CAUSE EXISTS TO DENY THE APPLICATION.
   11    3.  SUCH  APPLICATION  SHALL  BE  IN  SUCH FORM AND SHALL CONTAIN SUCH
   12  INFORMATION AS SHALL BE REQUIRED BY THE RULES OF  THE  LIQUOR  AUTHORITY
   13  AND  SHALL  BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY
   14  THIS ARTICLE FOR SUCH LICENSE. SUCH LICENSE  SHALL  ALSO  BE  DEEMED  TO
   15  INCLUDE  A  LICENSE TO SELL WINE AND BEER AT RETAIL TO BE CONSUMED UNDER
   16  THE SAME TERMS AND CONDITIONS, WITHOUT THE  PAYMENT  OF  ANY  ADDITIONAL
   17  FEE.
   18    4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
   19  BLE THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
   20    5.  A  LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
   21  CONDITIONS SET FORTH BELOW.  FAILURE TO COMPLY WITH ANY OF THESE  CONDI-
   22  TIONS  SHALL,  CONSTITUTE  GROUNDS  FOR  THE SUSPENSION, CANCELLATION OR
   23  REVOCATION OF THE LICENSE, AND/OR THE IMPOSITION OF A CIVIL PENALTY  AND
   24  THE  RECOVERY  OF THE PENAL SUM OF THE BOND ON FILE DURING THE PERIOD OF
   25  THE VIOLATION.
   26    (A) A LICENSEE SHALL NOT SELL OR SERVE AN ALCOHOLIC  BEVERAGE  TO  ANY
   27  PERSON  THAT  DOES  NOT  DEMONSTRATE  THAT  THEY  ARE  OVER  THE  AGE OF
   28  TWENTY-ONE AS EVIDENCED BY THE PRESENTATION OF A VALID  FORM  OF  PHOTO-
   29  GRAPHIC  IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAP-
   30  TER;
   31    (B) NO MORE THAN ONE ALCOHOLIC BEVERAGE SHALL BE SOLD OR SERVED TO ANY
   32  ONE PERSON DURING ANY ONE TRANSACTION;
   33    (C) SUBJECT TO THE PROVISIONS SET FORTH IN SUBDIVISION FIVE OF SECTION
   34  ONE HUNDRED SIX OF THIS CHAPTER, THE LICENSEE SHALL ONLY SELL  OR  SERVE
   35  ALCOHOLIC BEVERAGES FOR THE PERIOD BEGINNING ONE HOUR PRIOR TO THE FIRST
   36  MOTION PICTURE VIEWING AND ENDING UPON THE CONCLUSION OF THE LAST MOTION
   37  PICTURE VIEWING; AND
   38    (D) THE LICENSEE MUST MAKE AVAILABLE TO ITS PATRONS FOOD THAT IS TYPI-
   39  CALLY  FOUND  IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO:
   40  POPCORN, CANDY, AND LIGHT SNACKS.
   41    6. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE ISSUANCE OF  A
   42  LICENSE  PURSUANT  TO  SECTION  SIXTY-FOUR  OF  THIS SECTION TO A MOTION
   43  PICTURE THEATRE OR OTHER VENUE THAT SHOWS MOTION PICTURES THAT MEETS THE
   44  DEFINITION OF A RESTAURANT SET  FORTH  IN  SUBDIVISION  TWENTY-SEVEN  OF
   45  SECTION  THREE  OF  THIS  CHAPTER  AND WHERE ALL SEATING IS AT TABLES OR
   46  SEATSIDE TABLES WHERE MEALS ARE SERVED.
   47    7. NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE GRANTED  FOR
   48  ANY PREMISES WHICH SHALL BE:
   49    (A)  ON  THE  SAME  STREET  OR AVENUE AND WITHIN TWO HUNDRED FEET OF A
   50  BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
   51  PLACE OF WORSHIP; OR
   52    (B)  IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
   53  OR MORE WITHIN FIVE HUNDRED FEET OF  THREE  OR  MORE  EXISTING  PREMISES
   54  LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
   55  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
   56  ARTICLE.
       A. 1380                             3
    1    8. (A) THE MEASUREMENTS IN SUBDIVISION SEVEN OF THIS SECTION ARE TO BE
    2  TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE  OF  THE
    3  PREMISES  SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE OF
    4  SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER  PLACE  OF  WORSHIP  OR  TO  THE
    5  CENTER  OF THE NEAREST ENTRANCE OF EACH SUCH PREMISES LICENSED AND OPER-
    6  ATING PURSUANT TO THIS SECTION AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
    7  SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE; EXCEPT,
    8  HOWEVER,  THAT  NO  RENEWAL  LICENSE  SHALL  BE  DENIED  BECAUSE OF SUCH
    9  RESTRICTION TO ANY PREMISES SO LOCATED WHICH WERE MAINTAINED AS  A  BONA
   10  FIDE  HOTEL,  RESTAURANT,  CATERING ESTABLISHMENT OR CLUB ON OR PRIOR TO
   11  DECEMBER FIFTH, NINETEEN  HUNDRED  THIRTY-THREE;  AND,  EXCEPT  THAT  NO
   12  LICENSE  SHALL  BE  DENIED TO ANY PREMISES AT WHICH A LICENSE UNDER THIS
   13  CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO THE DATE
   14  WHEN A BUILDING ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED FEET
   15  OF SAID PREMISES HAS BEEN OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL,  CHURCH,
   16  SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND EXCEPT THAT NO LICENSE SHALL BE
   17  DENIED  TO  ANY  PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET OF THREE OR
   18  MORE EXISTING PREMISES LICENSED AND OPERATING PURSUANT TO  THIS  SECTION
   19  AND   SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,
   20  AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT WHICH A LICENSE UNDER THIS CHAP-
   21  TER HAS BEEN IN EXISTENCE CONTINUOUSLY ON OR PRIOR  TO  NOVEMBER  FIRST,
   22  NINETEEN  HUNDRED NINETY-THREE. THE LIQUOR AUTHORITY, IN ITS DISCRETION,
   23  MAY AUTHORIZE THE REMOVAL OF ANY SUCH LICENSED PREMISES TO  A  DIFFERENT
   24  LOCATION  ON  THE SAME STREET OR AVENUE, WITHIN TWO HUNDRED FEET OF SAID
   25  SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED THAT  SUCH
   26  NEW  LOCATION  IS  NOT  WITHIN A CLOSER DISTANCE TO SUCH SCHOOL, CHURCH,
   27  SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   28    (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  WORD  "ENTRANCE"  SHALL
   29  MEAN  A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
   30  AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,
   31  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
   32  ARTICLE OR OF THE PREMISES SOUGHT TO BE LICENSED, REGULARLY USED TO GIVE
   33  INGRESS TO STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC  ATTENDING  THE
   34  PLACE  OF WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND
   35  OPERATING  PURSUANT   TO   THIS   SECTION   AND   SECTIONS   SIXTY-FOUR,
   36  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
   37  ARTICLE  OR OF THE PREMISES SOUGHT TO BE LICENSED, EXCEPT THAT  WHERE  A
   38  SCHOOL  OR  HOUSE OF WORSHIP OR PREMISES LICENSED AND OPERATING PURSUANT
   39  TO THIS SECTION AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,
   40  SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE OR THE PREMISES SOUGHT
   41  TO  BE  LICENSED  IS SET BACK FROM A PUBLIC THOROUGHFARE, THE WALKWAY OR
   42  STAIRS LEADING TO ANY SUCH DOOR SHALL BE DEEMED  AN  ENTRANCE;  AND  THE
   43  MEASUREMENT SHALL BE TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT THE
   44  POINT  WHERE  IT  MEETS THE BUILDING LINE OR PUBLIC THOROUGHFARE. A DOOR
   45  WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS AN  EMERGENCY
   46  OR  FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY TO A
   47  PART OF A BUILDING NOT REGULARLY USED BY THE GENERAL PUBLIC OR  PATRONS,
   48  IS NOT DEEMED AN "ENTRANCE".
   49    (C)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A BUILDING OCCUPIED AS A
   50  PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A  PLACE
   51  OF  WORSHIP  BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO DETRACT FROM
   52  THE PREDOMINANT CHARACTER OF THE BUILDING AS A PLACE  OF  WORSHIP,  SUCH
   53  USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
   54  AUTHORIZED  GAMES  OF  BINGO OR OTHER GAMES OF CHANCE HELD AS A MEANS OF
   55  RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
   56  CONDUCTS  SERVICES  AT  THE PLACE OF WORSHIP OR FOR OTHER NOT-FOR-PROFIT
       A. 1380                             4
    1  ORGANIZATIONS OR GROUPS; USE OF THE BUILDING FOR  FUND-RAISING  PERFORM-
    2  ANCES  BY  OR BENEFITING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION WHICH
    3  CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
    4  IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
    5  TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
    6  SOCIAL  ACTIVITIES  BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE USE OF
    7  THE BUILDING FOR MEETINGS HELD  BY  ORGANIZATIONS  OR  GROUPS  PROVIDING
    8  BEREAVEMENT  COUNSELING  TO  PERSONS HAVING SUFFERED THE LOSS OF A LOVED
    9  ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR DISEASES INCLUDING
   10  BUT NOT LIMITED TO, ALCOHOLISM, DRUG ADDITION, CANCER,  CEREBRAL  PALSY,
   11  PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; THE USE OF THE BUILDING FOR
   12  BLOOD  DRIVES,  HEALTH  SCREENINGS,  HEALTH  INFORMATION  MEETINGS, YOGA
   13  CLASSES, EXERCISE CLASSES OR OTHER ACTIVITIES INTENDED  TO  PROMOTE  THE
   14  HEALTH  OF  THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE BUILDING BY
   15  NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR  PRIVATE  SOCIAL  FUNCTIONS.
   16  THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLU-
   17  SIVELY"  OCCUPIED  AS  A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT RELI-
   18  GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
   19  FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
   20    9. NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION
   21  SEVEN  OF  THIS  SECTION,  THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO
   22  THIS SECTION FOR A PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED  FEET  OF
   23  THREE  OR MORE EXISTING PREMISES LICENSED AND OPERATING PURSUANT TO THIS
   24  SECTION   AND   SECTIONS   SIXTY-FOUR,    SIXTY-FOUR-A,    SIXTY-FOUR-B,
   25  SIXTY-FOUR-C,  AND/OR  SIXTY-FOUR-D OF THIS ARTICLE IF, AFTER  CONSULTA-
   26  TION WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETERMINES THAT GRANT-
   27  ING SUCH LICENSE WOULD BE IN THE PUBLIC INTEREST.  BEFORE IT  MAY  ISSUE
   28  ANY  SUCH LICENSE, THE AUTHORITY SHALL CONDUCT A HEARING, UPON NOTICE TO
   29  THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD, AND  SHALL  STATE
   30  AND FILE IN ITS OFFICE ITS REASONS THEREFOR. THE HEARING MAY BE RESCHED-
   31  ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
   32  APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
   33  ULED, ADJOURNED OR CONTINUED HEARING. BEFORE THE  AUTHORITY  ISSUES  ANY
   34  SAID  LICENSE, THE AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF
   35  MAY, IN ADDITION TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT
   36  A PUBLIC MEETING REGARDING SAID LICENSE, UPON NOTICE  TO  THE  APPLICANT
   37  AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD.  THE PUBLIC MEETING MAY BE
   38  RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE
   39  TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH
   40  RESCHEDULED,  ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE TO THE MUNI-
   41  CIPALITY OR COMMUNITY BOARD SHALL MEAN  WRITTEN  NOTICE  MAILED  BY  THE
   42  AUTHORITY  TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS
   43  IN ADVANCE OF ANY HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH. UPON THE
   44  REQUEST OF THE AUTHORITY, ANY MUNICIPALITY OR COMMUNITY BOARD MAY  WAIVE
   45  THE  FIFTEEN  DAY  NOTICE REQUIREMENT. NO PREMISES HAVING BEEN GRANTED A
   46  LICENSE PURSUANT TO THIS SECTION SHALL  BE  DENIED  A  RENEWAL  OF  SUCH
   47  LICENSE UPON THE GROUNDS THAT SUCH PREMISES ARE WITHIN FIVE HUNDRED FEET
   48  OF  A  BUILDING OR BUILDINGS WHEREIN THREE OR MORE PREMISES ARE LICENSED
   49  AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,
   50  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
   51  ARTICLE.
   52    S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
   53  law,  as  amended by chapter 355 of the laws of 2013, is amended to read
   54  as follows:
   55    3. To revoke, cancel or suspend for cause any license or permit issued
   56  under this chapter and/or to impose a civil penalty  for  cause  against
       A. 1380                             5
    1  any  holder  of a license or permit issued pursuant to this chapter. Any
    2  civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
    3  dollars  as  against  the holder of any retail permit issued pursuant to
    4  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
    5  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    6  and as against the holder of  any  retail  license  issued  pursuant  to
    7  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
    8  fifty-five-a,   sixty-three,   sixty-four,  sixty-four-a,  sixty-four-b,
    9  sixty-four-c, SIXTY-FOUR-E, seventy-six-f, seventy-nine, eighty-one  and
   10  eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
   11  against the holder of a license issued pursuant to sections fifty-three,
   12  seventy-six, seventy-six-a, and seventy-eight of this chapter,  provided
   13  that  the civil penalty against the holder of a wholesale license issued
   14  pursuant to section fifty-three of this chapter shall not exceed the sum
   15  of ten thousand dollars where that licensee violates provisions of  this
   16  chapter  during the course of the sale of beer at retail to a person for
   17  consumption at home, and the sum of  one  hundred  thousand  dollars  as
   18  against the holder of any license issued pursuant to sections fifty-one,
   19  sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
   20  shall be in addition to and  separate  and  apart  from  the  terms  and
   21  provisions  of  the bond required pursuant to section one hundred twelve
   22  of this chapter. Provided that no appeal is pending on the imposition of
   23  such civil penalty, in the event such civil penalty imposed by the divi-
   24  sion remains unpaid, in whole or in  part,  more  than  forty-five  days
   25  after  written  demand  for payment has been sent by first class mail to
   26  the address of the licensed premises,  a  notice  of  impending  default
   27  judgment  shall be sent by first class mail to the licensed premises and
   28  by first class mail to the last known home address  of  the  person  who
   29  signed  the  most  recent license application.   The notice of impending
   30  default judgment shall advise the licensee: (a) that a civil penalty was
   31  imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
   32  amount  of  the  civil penalty; (d) the amount of the civil penalty that
   33  remains unpaid as of the date of the  notice;  (e)  the  violations  for
   34  which  the civil penalty was imposed; and (f) that a judgment by default
   35  will be entered in the supreme court of the county in which the licensed
   36  premises are located, or other court of civil jurisdiction or any  other
   37  place  provided for the entry of civil judgments within the state of New
   38  York unless the division receives full payment of  all  civil  penalties
   39  due  within  twenty  days of the date of the notice of impending default
   40  judgment. If full payment shall not have been received by  the  division
   41  within  thirty  days of mailing of the notice of impending default judg-
   42  ment, the division shall proceed to enter with such court a statement of
   43  the default judgment containing the amount of the penalty  or  penalties
   44  remaining  due  and unpaid, along with proof of mailing of the notice of
   45  impending default judgment. The filing of such judgment shall  have  the
   46  full  force  and  effect  of  a default judgment duly docketed with such
   47  court pursuant to the civil practice law and  rules  and  shall  in  all
   48  respects  be  governed  by  that chapter and may be enforced in the same
   49  manner and with the same effect as that provided by law  in  respect  to
   50  execution issued against property upon judgments of a court of record. A
   51  judgment entered pursuant to this subdivision shall remain in full force
   52  and effect for eight years notwithstanding any other provision of law.
   53    S  4.  Subdivision  3  of section 55 of the alcoholic beverage control
   54  law, as amended by chapter 531 of the laws of 1964, is amended  to  read
   55  as follows:
       A. 1380                             6
    1    3.  No  such  license  shall be issued, however, to any person for any
    2  premises other than premises for which a license  may  be  issued  under
    3  section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E of this chapter or
    4  a hotel or premises which are kept, used, maintained, advertised or held
    5  out  to  the  public to be a place where food is prepared and served for
    6  consumption on the premises in such quantities as to satisfy the  liquor
    7  authority  that  the  sale of beer intended is incidental to and not the
    8  prime source of revenue from the operation of such premises. The forego-
    9  ing provisions of this subdivision  shall  not  apply  to  any  premises
   10  located  at,  in,  or  on the area leased by the city of New York to New
   11  York World's Fair 1964 Corporation pursuant to the provisions of chapter
   12  four hundred twenty-eight of the laws  of  nineteen  hundred  sixty,  as
   13  amended  by  a chapter of the laws of nineteen hundred sixty-one, during
   14  the term or duration of such lease. Such license may also  include  such
   15  suitable  space outside of the licensed premises and adjoining it as may
   16  be approved by the liquor authority.
   17    S 5. Subdivisions 1 and 2 of section 56-a of  the  alcoholic  beverage
   18  control  law,  as amended by chapter 384 of the laws of 2013, is amended
   19  to read as follows:
   20    1. In addition to the annual fees provided for in this chapter,  there
   21  shall  be  paid  to  the  authority  with each initial application for a
   22  license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
   23  fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
   24  ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
   25  each  initial application for a license filed pursuant to section sixty-
   26  three, sixty-four, sixty-four-a [or], sixty-four-b  OR  SIXTY-FOUR-E  of
   27  this  chapter,  a  filing  fee of two hundred dollars; with each initial
   28  application for a  license  filed  pursuant  to  section  fifty-three-a,
   29  fifty-four, fifty-five, fifty-five-a, seventy-nine, eighty-one or eight-
   30  y-one-a  of this chapter, a filing fee of one hundred dollars; with each
   31  initial application for a permit filed pursuant to  section  ninety-one,
   32  ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
   33  such permit is to be issued on a calendar year basis, ninety-four, nine-
   34  ty-five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or
   35  j  of  subdivision  one of section ninety-nine-b of this chapter if such
   36  permit is to be issued on a calendar year basis, or  for  an  additional
   37  bar pursuant to subdivision four of section one hundred of this chapter,
   38  a  filing  fee of twenty dollars; and with each application for a permit
   39  under section ninety-three-a of this chapter, other than a permit to  be
   40  issued  on  a  calendar  year basis, section ninety-seven, ninety-eight,
   41  ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
   42  issued pursuant to paragraph b, c, e or j of subdivision one of  section
   43  ninety-nine-b  of this chapter on a calendar year basis, a filing fee of
   44  ten dollars.
   45    2. In addition to the annual fees provided for in this chapter,  there
   46  shall  be  paid  to  the  authority  with each renewal application for a
   47  license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
   48  fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
   49  ty-eight of this chapter, a filing fee of one hundred dollars; with each
   50  renewal application for a license filed pursuant to section sixty-three,
   51  sixty-four, sixty-four-a [or],  sixty-four-b  OR  SIXTY-FOUR-E  of  this
   52  chapter,  a  filing fee of ninety dollars; with each renewal application
   53  for a license filed pursuant  to  section  seventy-nine,  eighty-one  or
   54  eighty-one-a  of  this chapter, a filing fee of twenty-five dollars; and
   55  with each renewal application for a license or permit filed pursuant  to
   56  section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
       A. 1380                             7
    1  ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
    2  such  permit  is  issued  on a calendar year basis, ninety-four, ninety-
    3  five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
    4  sions b, c, e or j of section ninety-nine-b, if such permit is issued on
    5  a  calendar  year  basis,  or with each renewal application for an addi-
    6  tional bar pursuant to subdivision four of section one hundred  of  this
    7  chapter, a filing fee of thirty dollars.
    8    S  6.  Paragraph  (b)  of subdivision 7 of section 64 of the alcoholic
    9  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   10  amended to read as follows:
   11    (b)  in a city, town or village having a population of twenty thousand
   12  or more within five hundred feet of  three  or  more  existing  premises
   13  licensed   and   operating   pursuant   to  this  section  and  sections
   14  sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR
   15  SIXTY-FOUR-E of this article;
   16    S  7.  Paragraph  (c)  of subdivision 7 of section 64 of the alcoholic
   17  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   18  amended to read as follows:
   19    (c) the measurements in paragraphs (a) and (b) of this subdivision are
   20  to be taken in straight lines from the center of the nearest entrance of
   21  the premises sought to be licensed to the center of the nearest entrance
   22  of  such  school,  church, synagogue or other place of worship or to the
   23  center of the nearest entrance of each such premises licensed and  oper-
   24  ating  pursuant to this section and sections sixty-four-a, sixty-four-b,
   25  sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of  this  arti-
   26  cle; except, however, that no renewal license shall be denied because of
   27  such  restriction  to any premises so located which were maintained as a
   28  bona fide hotel, restaurant, catering establishment or club on or  prior
   29  to  December  fifth,  nineteen hundred thirty-three; and, except that no
   30  license shall be denied to any premises at which a  license  under  this
   31  chapter has been in existence continuously from a date prior to the date
   32  when a building on the same street or avenue and within two hundred feet
   33  of  said  premises  has  been  occupied exclusively as a school, church,
   34  synagogue or other place of worship; and except that no license shall be
   35  denied to any premises, which is within five hundred feet  of  three  or
   36  more  existing  premises licensed and operating pursuant to this section
   37  and sections sixty-four-a, sixty-four-b, sixty-four-c,  [and/or]  sixty-
   38  four-d,  AND/OR  SIXTY-FOUR-E  of this article, at which a license under
   39  this chapter has been in existence continuously on or prior to  November
   40  first,  nineteen  hundred ninety-three; and except that this subdivision
   41  shall not be deemed to restrict the issuance of a hotel  liquor  license
   42  to  a  building used as a hotel and in which a restaurant liquor license
   43  currently exists for premises which serve as a dining room for guests of
   44  the hotel and a caterer's license to a person using the permanent cater-
   45  ing facilities of a church, synagogue or other place of worship pursuant
   46  to a written agreement between such person and the authorities in charge
   47  of such facilities. The liquor authority, in its discretion, may author-
   48  ize the removal of any such licensed premises to a different location on
   49  the same street or avenue, within  two  hundred  feet  of  said  school,
   50  church,  synagogue  or  other  place  of worship, provided that such new
   51  location is not within a closer distance to such school,  church,  syna-
   52  gogue or other place of worship.
   53    S  8.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
   54  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   55  amended to read as follows:
       A. 1380                             8
    1    (d)  Within the context of this subdivision, the word "entrance" shall
    2  mean a door of a school, of a house of worship, or of premises  licensed
    3  and  operating  pursuant  to  this  section  and  sections sixty-four-a,
    4  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
    5  of this article or of the premises sought to be licensed, regularly used
    6  to give ingress to students of the school, to the general public attend-
    7  ing  the  place  of  worship,  and  to patrons or guests of the premises
    8  licensed  and  operating  pursuant  to   this   section   and   sections
    9  sixty-four-a,  sixty-four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR
   10  SIXTY-FOUR-E of this article or of the premises sought to  be  licensed,
   11  except  that where a school or house of worship or premises licensed and
   12  operating pursuant to this section  and  sections  sixty-four-a,  sixty-
   13  four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   14  article  or the premises sought to be licensed is set back from a public
   15  thoroughfare, the walkway or stairs leading to any such  door  shall  be
   16  deemed  an entrance; and the measurement shall be taken to the center of
   17  the walkway or stairs at the point where it meets the building  line  or
   18  public  thoroughfare. A door which has no exterior hardware, or which is
   19  used solely as an emergency or fire exit, or for  maintenance  purposes,
   20  or  which  leads  directly to a part of a building not regularly used by
   21  the general public or patrons, is not deemed an "entrance".
   22    S 9. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
   23  beverage  control law, as amended by chapter 185 of the laws of 2012, is
   24  amended to read as follows:
   25    (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
   26  sion,  the  authority may issue a license pursuant to this section for a
   27  premises which shall be within five hundred feet of three or more exist-
   28  ing premises  licensed  and  operating  pursuant  to  this  section  and
   29  sections     sixty-four-a,    sixty-four-b,    sixty-four-c,    [and/or]
   30  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   31  with the municipality or community board, it  determines  that  granting
   32  such  license  would  be in the public interest. Before it may issue any
   33  such license, the authority shall conduct a hearing, upon notice to  the
   34  applicant  and  the municipality or community board, and shall state and
   35  file in its office its reasons therefor. The hearing may be rescheduled,
   36  adjourned or continued, and the  authority  shall  give  notice  to  the
   37  applicant  and  the municipality or community board of any such resched-
   38  uled, adjourned or continued hearing. Before the  authority  issues  any
   39  said  license, the authority or one or more of the commissioners thereof
   40  may, in addition to the hearing required by this paragraph, also conduct
   41  a public meeting regarding said license, upon notice  to  the  applicant
   42  and  the  municipality  or  community  board.  The public meeting may be
   43  rescheduled, adjourned or continued, and the authority shall give notice
   44  to the applicant and the municipality or community  board  of  any  such
   45  rescheduled,  adjourned or continued public meeting. Notice to the muni-
   46  cipality or community board shall mean  written  notice  mailed  by  the
   47  authority  to such municipality or community board at least fifteen days
   48  in advance of any hearing scheduled pursuant to this paragraph. Upon the
   49  request of the authority, any municipality or community board may  waive
   50  the  fifteen  day  notice requirement. No premises having been granted a
   51  license pursuant to this section shall  be  denied  a  renewal  of  such
   52  license upon the grounds that such premises are within five hundred feet
   53  of  a  building or buildings wherein three or more premises are licensed
   54  and operating  pursuant  to  this  section  and  sections  sixty-four-a,
   55  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   56  of this article.
       A. 1380                             9
    1    S 10. Paragraph (a) of subdivision 7 of section 64-a of the  alcoholic
    2  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    3  amended to read as follows:
    4    (a)  No  special on-premises license shall be granted for any premises
    5  which shall be
    6    (i) on the same street or avenue and within  two  hundred  feet  of  a
    7  building  occupied  exclusively  as a school, church, synagogue or other
    8  place of worship or
    9    (ii) in a city, town or village having a population of twenty thousand
   10  or more within five hundred feet of  three  or  more  existing  premises
   11  licensed and operating pursuant to this section and sections sixty-four,
   12  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   13  of this article;
   14    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
   15  are to be taken in  straight  lines  from  the  center  of  the  nearest
   16  entrance  of  the  premises  sought  to be licensed to the center of the
   17  nearest entrance of such school, church, synagogue  or  other  place  of
   18  worship  or  to the center of the nearest entrance of each such premises
   19  licensed and operating pursuant to this section and sections sixty-four,
   20  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   21  of  this article; except that no license shall be denied to any premises
   22  at which a license under this chapter has been in existence continuously
   23  from a date prior to the date when a building  on  the  same  street  or
   24  avenue  and  within  two hundred feet of said premises has been occupied
   25  exclusively as a school, church, synagogue or other  place  of  worship;
   26  and  except  that  no  license shall be denied to any premises, which is
   27  within five hundred feet of three or more existing premises licensed and
   28  operating  pursuant   to   this   section   and   sections   sixty-four,
   29  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   30  of this article, at which a license  under  this  chapter  has  been  in
   31  existence  continuously  on or prior to November first, nineteen hundred
   32  ninety-three. The liquor authority, in its discretion, may authorize the
   33  removal of any such licensed premises to a  different  location  on  the
   34  same  street  or avenue, within two hundred feet of said school, church,
   35  synagogue or other place of worship, provided that such new location  is
   36  not  within a closer distance to such school, church, synagogue or other
   37  place of worship.
   38    S 11. Paragraph (b) of subdivision 7 of section 64-a of the  alcoholic
   39  beverage  control law, as amended by chapter 463 of the laws of 2009, is
   40  amended to read as follows:
   41    (b) Within the context of this subdivision, the word "entrance"  shall
   42  mean  a door of a school, of a house of worship, or of premises licensed
   43  and operating pursuant to this section and sections  sixty-four,  sixty-
   44  four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   45  article or of the premises sought to be licensed, regularly used to give
   46  ingress  to  students of the school, to the general public attending the
   47  place of worship, and to patrons or guests of the premises licensed  and
   48  operating   pursuant   to   this   section   and   sections  sixty-four,
   49  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   50  of  this  article  or of the premises sought to be licensed, except that
   51  where a school or house of worship or premises  licensed  and  operating
   52  pursuant  to  this section and sections sixty-four, sixty-four-b, sixty-
   53  four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of  this  article  or
   54  the  premises  sought to be licensed is set back from a public thorough-
   55  fare, the walkway or stairs leading to any such door shall be deemed  an
   56  entrance;  and the measurement shall be taken to the center of the walk-
       A. 1380                            10
    1  way or stairs at the point where it meets the building  line  or  public
    2  thoroughfare.  A  door  which has no exterior hardware, or which is used
    3  solely as an emergency or fire exit, or  for  maintenance  purposes,  or
    4  which  leads  directly to a part of a building not regularly used by the
    5  general public or patrons, is not deemed an "entrance".
    6    S 12. Paragraph (d) of subdivision 7 of section 64-a of the  alcoholic
    7  beverage  control law, as amended by chapter 185 of the laws of 2012, is
    8  amended to read as follows:
    9    (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
   10  (a)  of  this subdivision, the authority may issue a license pursuant to
   11  this section for a premises which shall be within five hundred  feet  of
   12  three  or more existing premises licensed and operating pursuant to this
   13  section and sections sixty-four,  sixty-four-b,  sixty-four-c,  [and/or]
   14  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   15  with  the  municipality  or community board, it determines that granting
   16  such license would be in the public interest. Before it  may  issue  any
   17  such  license, the authority shall conduct a hearing, upon notice to the
   18  applicant and the municipality or community board, and shall  state  and
   19  file  in  its office its reasons therefor. Notice to the municipality or
   20  community board shall mean written notice mailed  by  the  authority  to
   21  such municipality or community board at least fifteen days in advance of
   22  any  hearing  scheduled  pursuant to this paragraph. Upon the request of
   23  the authority, any municipality or community board may waive the fifteen
   24  day notice requirement. The hearing may  be  rescheduled,  adjourned  or
   25  continued,  and the authority shall give notice to the applicant and the
   26  municipality or community board of any such  rescheduled,  adjourned  or
   27  continued  hearing.  Before  the  authority issues any said license, the
   28  authority or one or more of the commissioners thereof may,  in  addition
   29  to the hearing required by this paragraph, also conduct a public meeting
   30  regarding  said  license,  upon  notice to the applicant and the munici-
   31  pality or community  board.  The  public  meeting  may  be  rescheduled,
   32  adjourned  or  continued,  and  the  authority  shall give notice to the
   33  applicant and the municipality or community board of any  such  resched-
   34  uled,  adjourned  or  continued  public meeting. No premises having been
   35  granted a license pursuant to this section shall be denied a renewal  of
   36  such license upon the grounds that such premises are within five hundred
   37  feet  of  a  building  or  buildings  wherein three or more premises are
   38  licensed and operating pursuant to this section and sections sixty-four,
   39  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   40  of this article.
   41    S  13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b of
   42  the alcoholic beverage control law, paragraph (a) as amended  and  para-
   43  graph  (b) as added by chapter 463 of the laws of 2009 and paragraph (c)
   44  as amended by chapter 185 of the laws of 2012, are amended  to  read  as
   45  follows:
   46    (a)  No  bottle  club  license shall be granted for any premises which
   47  shall be
   48    (i) on the same street or avenue and within  two  hundred  feet  of  a
   49  building  occupied  exclusively  as a school, church, synagogue or other
   50  place of worship; or
   51    (ii) in a city, town or village having a population of twenty thousand
   52  or more within five hundred feet of  three  or  more  existing  premises
   53  licensed and operating pursuant to this section and sections sixty-four,
   54  sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   55  of this article;
       A. 1380                            11
    1    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
    2  are to be taken in  straight  lines  from  the  center  of  the  nearest
    3  entrance  of  the  premises  sought  to be licensed to the center of the
    4  nearest entrance of such school, church, synagogue  or  other  place  of
    5  worship  or  to the center of the nearest entrance of each such premises
    6  licensed and operating pursuant to this section and sections sixty-four,
    7  sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
    8  of  this article; except that no license shall be denied to any premises
    9  at which a license under this chapter has been in existence continuously
   10  from a date prior to the date when a building  on  the  same  street  or
   11  avenue  and  within  two hundred feet of said premises has been occupied
   12  exclusively as a school, church, synagogue or other  place  of  worship;
   13  and  except  that  no  license shall be denied to any premises, which is
   14  within five hundred feet of three or more existing premises licensed and
   15  operating  pursuant   to   this   section   and   sections   sixty-four,
   16  sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   17  of this article, at which a license  under  this  chapter  has  been  in
   18  existence  continuously  on or prior to November first, nineteen hundred
   19  ninety-three. The liquor authority, in its discretion, may authorize the
   20  removal of any such licensed premises to a  different  location  on  the
   21  same  street  or avenue, within two hundred feet of said school, church,
   22  synagogue or other place of worship, provided that such new location  is
   23  not  within a closer distance to such school, church, synagogue or other
   24  place of worship.
   25    (b) Within the context of this subdivision, the word "entrance"  shall
   26  mean  a door of a school, of a house of worship, or of premises licensed
   27  and operating pursuant to this section and sections  sixty-four,  sixty-
   28  four-a, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   29  article or of the premises sought to be licensed, regularly used to give
   30  ingress  to  students of the school, to the general public attending the
   31  place of worship, and to patrons or guests of the premises licensed  and
   32  operating   pursuant   to   this   section   and   sections  sixty-four,
   33  sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   34  of  this  article  or of the premises sought to be licensed, except that
   35  where a school or house of worship or premises  licensed  and  operating
   36  pursuant  to  this section and sections sixty-four, sixty-four-a, sixty-
   37  four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of  this  article  or
   38  the  premises  sought to be licensed is set back from a public thorough-
   39  fare, the walkway or stairs leading to any such door shall be deemed  an
   40  entrance;  and the measurement shall be taken to the center of the walk-
   41  way or stairs at the point where it meets the building  line  or  public
   42  thoroughfare.  A  door  which has no exterior hardware, or which is used
   43  solely as an emergency or fire exit, or  for  maintenance  purposes,  or
   44  which  leads  directly to a part of a building not regularly used by the
   45  general public or patrons, is not deemed an "entrance".
   46    (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
   47  (a)  of  this subdivision, the authority may issue a license pursuant to
   48  this section for a premises which shall be within five hundred  feet  of
   49  three  or more existing premises licensed and operating pursuant to this
   50  section and sections sixty-four,  sixty-four-a,  sixty-four-c,  [and/or]
   51  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   52  with  the  municipality  or community board, it determines that granting
   53  such license would be in the public interest. Before it  may  issue  any
   54  such  license, the authority shall conduct a hearing, upon notice to the
   55  applicant and the municipality or community board, and shall  state  and
   56  file in its office its reasons therefor. The hearing may be rescheduled,
       A. 1380                            12
    1  adjourned  or  continued,  and  the  authority  shall give notice to the
    2  applicant and the municipality or community board of any  such  resched-
    3  uled,  adjourned  or  continued hearing. Before the authority issues any
    4  said  license, the authority or one or more of the commissioners thereof
    5  may, in addition to the hearing required by this paragraph, also conduct
    6  a public meeting regarding said license, upon notice  to  the  applicant
    7  and  the  municipality  or  community  board.  The public meeting may be
    8  rescheduled, adjourned or continued, and the authority shall give notice
    9  to the applicant and the municipality or community  board  of  any  such
   10  rescheduled,  adjourned or continued public meeting. Notice to the muni-
   11  cipality or community board shall mean  written  notice  mailed  by  the
   12  authority  to such municipality or community board at least fifteen days
   13  in advance of any hearing scheduled pursuant to this paragraph. Upon the
   14  request of the authority, any municipality or community board may  waive
   15  the  fifteen  day  notice requirement. No premises having been granted a
   16  license pursuant to this section shall  be  denied  a  renewal  of  such
   17  license upon the grounds that such premises are within five hundred feet
   18  of  a  building or buildings wherein three or more premises are licensed
   19  and operating pursuant to this section and sections  sixty-four,  sixty-
   20  four-a, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   21  article.
   22    S 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
   23  beverage  control  law,  as added by chapter 366 of the laws of 2012, is
   24  amended to read as follows:
   25    (a) For purposes of sections one hundred one and one  hundred  six  of
   26  this  chapter,  a  person  licensed under this section shall be deemed a
   27  "retailer" as that term is defined within section three of this chapter.
   28  Notwithstanding any provision of this chapter to the contrary, a  person
   29  licensed under this section may also be licensed (or interested directly
   30  or  indirectly  in a license) to sell liquor at retail to be consumed on
   31  or off the premises under section fifty-four, fifty-four-a,  fifty-five,
   32  fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
   33  sixty-four,  sixty-four-a,   sixty-four-b   [and],   sixty-four-d,   AND
   34  SIXTY-FOUR-E of this article.
   35    S 15. Subdivision 11 of section 64-c of the alcoholic beverage control
   36  law,  as amended by chapter 463 of the laws of 2009 and paragraph (c) as
   37  amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
   38  follows:
   39    11. (a) No restaurant-brewer license shall be granted for any premises
   40  which shall be:
   41    (i)  on  the  same  street  or avenue and within two hundred feet of a
   42  building occupied exclusively as a school, church,  synagogue  or  other
   43  place of worship; or
   44    (ii) in a city, town or village having a population of twenty thousand
   45  or  more  within  five  hundred  feet of three or more existing premises
   46  licensed and operating pursuant to the provisions  of  this  section  or
   47  sections  sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
   48  AND SIXTY-FOUR-E of this article; or
   49    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
   50  are to be taken in  straight  lines  from  the  center  of  the  nearest
   51  entrance  of  the  premises  sought  to be licensed to the center of the
   52  nearest entrance of such school, church, synagogue  or  other  place  of
   53  worship  or  to the center of the nearest entrance of each such premises
   54  licensed and operating pursuant to this section and sections sixty-four,
   55  sixty-four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  of
   56  this  article; except that no license shall be denied to any premises at
       A. 1380                            13
    1  which a license under this chapter has been  in  existence  continuously
    2  from  a  date  prior  to  the date when a building on the same street or
    3  avenue and within two hundred feet of said premises  has  been  occupied
    4  exclusively as a school, church, synagogue or other place of worship and
    5  except  that no license shall be denied to any premises, which is within
    6  five hundred feet of three or more existing premises licensed and  oper-
    7  ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
    8  sixty-four-b [and/or], sixty-four-d, AND SIXTY-FOUR-E of  this  article,
    9  at which a license under this chapter has been in existence continuously
   10  on or prior to November first, nineteen hundred ninety-three.
   11    (b)  Within the context of this subdivision, the word "entrance" shall
   12  mean a door of a school, of a house of worship, or premises licensed and
   13  operating  pursuant   to   this   section   and   sections   sixty-four,
   14  sixty-four-a,  sixty-four-b  [and/or], sixty-four-d, AND SIXTY-FOUR-E of
   15  this article or of the premises sought to be licensed, regularly used to
   16  give ingress to students of the school, to the general public  attending
   17  the  place of worship, and to patrons or guests of the premises licensed
   18  and operating pursuant to this section and sections  sixty-four,  sixty-
   19  four-a,  sixty-four-b  [and/or],  sixty-four-d, AND SIXTY-FOUR-E of this
   20  article or of the premises sought to be licensed, except  that  where  a
   21  school  or  house of worship or premises licensed and operating pursuant
   22  to this section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b
   23  [and/or],  sixty-four-d, AND/OR SIXTY-FOUR-E of this article is set back
   24  from a public thoroughfare, the walkway or stairs leading  to  any  such
   25  door  shall be deemed an entrance; and the measurement shall be taken to
   26  the center of the walkway or stairs at the  point  where  it  meets  the
   27  building line or public thoroughfare. A door which has no exterior hard-
   28  ware, or which is used solely as an emergency or fire exit, or for main-
   29  tenance  purposes,  or  which leads directly to a part of a building not
   30  regularly used by the general  public  or  patrons,  is  not  deemed  an
   31  "entrance".
   32    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
   33  (a) of this subdivision, the authority may issue a license  pursuant  to
   34  this  section  for a premises which shall be within five hundred feet of
   35  three or more existing premises licensed and operating pursuant to  this
   36  section  and  sections  sixty-four, sixty-four-a, sixty-four-b [and/or],
   37  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   38  with the municipality or community board, it  determines  that  granting
   39  such  license  would  be in the public interest. Before it may issue any
   40  such license, the authority shall conduct a hearing, upon notice to  the
   41  applicant  and  the municipality or community board, and shall state and
   42  file in its office its reasons therefor. The hearing may be rescheduled,
   43  adjourned or continued, and the  authority  shall  give  notice  to  the
   44  applicant  and  the municipality or community board of any such resched-
   45  uled, adjourned or continued hearing. Before the  authority  issues  any
   46  said  license, the authority or one or more of the commissioners thereof
   47  may, in addition to the hearing required by this paragraph, also conduct
   48  a public meeting regarding said license, upon notice  to  the  applicant
   49  and  the  municipality  or  community  board.  The public meeting may be
   50  rescheduled, adjourned or continued, and the authority shall give notice
   51  to the applicant and the municipality or community  board  of  any  such
   52  rescheduled,  adjourned or continued public meeting. Notice to the muni-
   53  cipality or community board shall mean  written  notice  mailed  by  the
   54  authority  to such municipality or community board at least fifteen days
   55  in advance of any hearing scheduled pursuant to this paragraph. Upon the
   56  request of the authority, any municipality or community board may  waive
       A. 1380                            14
    1  the  fifteen  day  notice requirement. No premises having been granted a
    2  license pursuant to this section shall  be  denied  a  renewal  of  such
    3  license upon the grounds that such premises are within five hundred feet
    4  of  a building or buildings wherein three or more premises are operating
    5  and licensed pursuant to this section  or  sections  sixty-four,  sixty-
    6  four-a, sixty-four-b [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this
    7  article.
    8    S  16. Subdivision 8 of section 64-d of the alcoholic beverage control
    9  law, as amended by chapter 463 of the laws of 2009 and paragraph (e)  as
   10  amended  by  chapter  185  of  the  laws  of 2012, is amended to read as
   11  follows:
   12    8. No cabaret license shall be granted for any  premises  which  shall
   13  be:
   14    (a)  on  the  same  street  or avenue and within two hundred feet of a
   15  building occupied exclusively as a school, church,  synagogue  or  other
   16  place of worship or
   17    (b)  in a city, town or village having a population of twenty thousand
   18  or more within five hundred feet of an existing  premises  licensed  and
   19  operating  pursuant  to  the  provisions of this section, or within five
   20  hundred feet of three or more existing premises licensed  and  operating
   21  pursuant  to  this section and sections sixty-four, sixty-four-a, sixty-
   22  four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this article.
   23    (c) the measurements in paragraphs (a) and (b) of this subdivision are
   24  to be taken in straight lines from the center of the nearest entrance of
   25  the premises sought to be licensed to the center of the nearest entrance
   26  of such school, church, synagogue or other place of worship  or  to  the
   27  center  of the nearest entrance of each such premises licensed and oper-
   28  ating pursuant to this section and  sections  sixty-four,  sixty-four-a,
   29  sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this article;
   30  except  that  no  license  shall  be  denied  to any premises at which a
   31  license under this chapter has been in  existence  continuously  from  a
   32  date  prior to the date when a building on the same street or avenue and
   33  within two hundred feet of said premises has been  occupied  exclusively
   34  as  a  school,  church,  synagogue or other place of worship; and except
   35  that no license shall be denied to any premises, which  is  within  five
   36  hundred  feet of an existing premises licensed and operating pursuant to
   37  the provisions of this section or which is within five hundred  feet  of
   38  three  or more existing premises licensed and operating pursuant to this
   39  section and sections sixty-four,  sixty-four-a,  sixty-four-b,  [and/or]
   40  sixty-four-c  AND/OR  SIXTY-FOUR-E  of  this article, at which a license
   41  under this chapter has been in existence continuously  on  or  prior  to
   42  November  first, nineteen hundred ninety-three. The liquor authority, in
   43  its discretion, may authorize the removal of any such licensed  premises
   44  to a different location on the same street or avenue, within two hundred
   45  feet  of  said  school,  church,  synagogue  or  other place of worship,
   46  provided that such new location is not within a closer distance to  such
   47  school, church, synagogue or other place of worship.
   48    (d)  within the context of this subdivision, the word "entrance" shall
   49  mean a door of a school, of a house of worship, or of premises  licensed
   50  and  operating  pursuant to this section and sections sixty-four, sixty-
   51  four-a, sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of  this
   52  article or of the premises sought to be licensed, regularly used to give
   53  ingress  to  students of the school, to the general public attending the
   54  place of worship, and to patrons or guests of the premises licensed  and
   55  operating   pursuant   to   this   section   and   sections  sixty-four,
   56  sixty-four-a, sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of
       A. 1380                            15
    1  this article or of the premises sought to be licensed, except that where
    2  a school or house of worship or premises licensed and operating pursuant
    3  to this section and  sections  sixty-four,  sixty-four-a,  sixty-four-b,
    4  [and/or]  sixty-four-c  AND/OR SIXTY-FOUR-E of this article or the prem-
    5  ises sought to be licensed is set back from a public  thoroughfare,  the
    6  walkway  or stairs leading to any such door shall be deemed an entrance;
    7  and the measurement shall be taken to  the  center  of  the  walkway  or
    8  stairs at the point where it meets the building line or public thorough-
    9  fare.  A door which has no exterior hardware, or which is used solely as
   10  an emergency or fire exit, or for maintenance purposes, or  which  leads
   11  directly  to  a  part  of  a  building not regularly used by the general
   12  public or patrons, is not deemed an "entrance".
   13    (e) notwithstanding the provisions of paragraph (b) of  this  subdivi-
   14  sion,  the  authority may issue a license pursuant to this section for a
   15  premises which shall be within five hundred feet of an existing premises
   16  licensed and operating pursuant to the provisions  of  this  section  or
   17  within five hundred feet of three or more existing premises licensed and
   18  operating   pursuant   to   this   section   and   sections  sixty-four,
   19  sixty-four-a, sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of
   20  this article if, after consultation with the municipality  or  community
   21  board,  it  determines that granting such license would be in the public
   22  interest.  Before it may issue any such  license,  the  authority  shall
   23  conduct  a hearing, upon notice to the applicant and the municipality or
   24  community board, and shall state and file  in  its  office  its  reasons
   25  therefor.  The  hearing  may be rescheduled, adjourned or continued, and
   26  the authority shall give notice to the applicant and the municipality or
   27  community board of any such rescheduled, adjourned or continued hearing.
   28  Before the authority issues any said license, the authority  or  one  or
   29  more  of  the  commissioners  thereof  may,  in  addition to the hearing
   30  required by this paragraph, also conduct a public meeting regarding said
   31  license, upon notice to the applicant and the municipality or  community
   32  board.    The public meeting may be rescheduled, adjourned or continued,
   33  and the authority shall give notice to the  applicant  and  the  munici-
   34  pality  or community board of any such rescheduled, adjourned or contin-
   35  ued public meeting. Notice to the municipality or community board  shall
   36  mean  written  notice  mailed  by  the authority to such municipality or
   37  community board at least fifteen days in advance of any  hearing  sched-
   38  uled  pursuant to this paragraph. Upon the request of the authority, any
   39  municipality or  community  board  may  waive  the  fifteen  day  notice
   40  requirement.  No premises having been granted a license pursuant to this
   41  section shall be denied a renewal of such license upon the grounds  that
   42  such  premises  are  within  five  hundred  feet of an existing premises
   43  licensed and operating pursuant to the provisions  of  this  section  or
   44  within  five  hundred  feet  of a building or buildings wherein three or
   45  more premises are licensed and operating pursuant to  this  section  and
   46  sections  sixty-four,  sixty-four-a, sixty-four-b, [and/or] sixty-four-c
   47  AND/OR SIXTY-FOUR-E of this article.
   48    (f) Within the context of this subdivision, a building occupied  as  a
   49  place  of worship does not cease to be "exclusively" occupied as a place
   50  of worship by incidental uses that are not of a nature to  detract  from
   51  the  predominant  character  of the building as a place of worship, such
   52  uses which include, but which are not limited to: the conduct of legally
   53  authorized games of bingo or other games of chance held as  a  means  of
   54  raising  funds  for  the  not-for-profit  religious  organization  which
   55  conducts services at the place of worship or  for  other  not-for-profit
   56  organizations  or  groups; use of the building for fund-raising perform-
       A. 1380                            16
    1  ances by or benefitting the not-for-profit religious organization  which
    2  conducts services at the place of worship or other not-for-profit organ-
    3  izations or groups; the use of the building by other religious organiza-
    4  tions or groups for religious services or other purposes; the conduct of
    5  social  activities  by or for the benefit of the congregants; the use of
    6  the building for meetings held  by  organizations  or  groups  providing
    7  bereavement  counseling  to  persons having suffered the loss of a loved
    8  one, or providing advice or support for conditions or  diseases  includ-
    9  ing,  but  not  limited to, alcoholism, drug addiction, cancer, cerebral
   10  palsy, Parkinson's disease, or  Alzheimer's  disease;  the  use  of  the
   11  building  for  blood drives, health screenings, health information meet-
   12  ings, yoga classes, exercise classes or  other  activities  intended  to
   13  promote  the  health of the congregants or other persons; and use of the
   14  building by non-congregant members of the community for  private  social
   15  functions. The building occupied as a place of worship does not cease to
   16  be "exclusively" occupied as a place of worship where the not-for-profit
   17  religious  organization  occupying  the  place  of  worship  accepts the
   18  payment of funds to defray costs related to another party's use  of  the
   19  building.
   20    S  17.  Subdivision  4 of section 66 of the alcoholic beverage control
   21  law, as amended by section 3 of part Z of chapter  85  of  the  laws  of
   22  2002, is amended to read as follows:
   23    4.  The  annual  fee  for  a  license,  under section sixty-four [or],
   24  sixty-four-a[,] OR SIXTY-FOUR-E to sell liquor at retail to be  consumed
   25  on  the  premises  where  sold  shall  be twenty-one hundred seventy-six
   26  dollars in the counties of New York, Kings, Bronx  and  Queens;  fifteen
   27  hundred  thirty-six  dollars  in  the  county  of Richmond and in cities
   28  having a population of more than one hundred thousand and less than  one
   29  million; twelve hundred sixteen dollars in cities having a population of
   30  more than fifty thousand and less than one hundred thousand; and the sum
   31  of  eight  hundred ninety-six dollars elsewhere; except that the license
   32  fees for catering establishments shall be  two-thirds  the  license  fee
   33  specified  herein  and  for clubs, except luncheon clubs and golf clubs,
   34  shall be seven hundred fifty dollars in counties  of  New  York,  Kings,
   35  Bronx  and Queens; five hundred dollars in the county of Richmond and in
   36  cities having a population of more than one hundred  thousand  and  less
   37  than  one  million; three hundred fifty dollars in cities having a popu-
   38  lation of more than fifty thousand and less than one  hundred  thousand;
   39  and  the sum of two hundred fifty dollars elsewhere. The annual fees for
   40  luncheon clubs shall be three hundred seventy-five dollars, and for golf
   41  clubs in the counties of New York, Kings, Bronx, Queens,  Nassau,  Rich-
   42  mond  and  Westchester,  two  hundred  fifty  dollars, and elsewhere one
   43  hundred eighty-seven dollars and fifty cents.  Notwithstanding any other
   44  provision of law to the contrary, there shall be no  annual  fee  for  a
   45  license,  under  section  sixty-four,  to  sell  liquor  at retail to be
   46  consumed on the premises where the applicant is an  organization  organ-
   47  ized  under  section  two hundred sixty of the military law and incorpo-
   48  rated pursuant to the not-for-profit corporation law.  Provided,  howev-
   49  er,  that  where  any premises for which a license is issued pursuant to
   50  section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E  of  this  article
   51  remain  open  only  within  the period commencing April first and ending
   52  October thirty-first of any one year, or only within the period commenc-
   53  ing October first and ending the following April thirtieth,  the  liquor
   54  authority  may,  in  its  discretion,  grant  a summer or winter license
   55  effective only for such appropriate period of time, for which a  license
   56  fee  shall be paid to be pro-rated for the period for which such license
       A. 1380                            17
    1  is effective, at the rate provided for in the city, town or  village  in
    2  which  such  premises are located, except that no such license fee shall
    3  be less than one-half  of  the  regular  annual  license  fee;  provided
    4  further  that  where  the  premises to be licensed are a race track or a
    5  golf course or are licensed pursuant to section sixty-four [or],  sixty-
    6  four-a,  OR  SIXTY-FOUR-E  of  this  chapter,  the period of such summer
    7  license may commence March first and end November thirtieth.
    8    Where a hotel, restaurant, club, golf course or  race  track  is  open
    9  prior to April first and/or subsequent to October thirty-first by reason
   10  of  the issuance of a caterer's permit or permits issued by the authori-
   11  ty, such fact alone shall not affect the eligibility of the premises  or
   12  the person owning or operating such hotel, restaurant, club, golf course
   13  or race track for a summer license.
   14    S  18.  Paragraph  a of subdivision 4 of section 81-a of the alcoholic
   15  beverage control law, as added by chapter 666 of the laws  of  1987,  is
   16  amended to read as follows:
   17    a.  No  such  license  shall  be issued to any person for any premises
   18  other than premises for which a license  may  be  issued  under  section
   19  sixty-four  OR SIXTY-FOUR-E of this chapter or a hotel or premises which
   20  are kept, used, maintained, advertised or held out to the public to be a
   21  place where food is prepared and served for consumption on the  premises
   22  in  such  quantities as to satisfy the liquor authority that the sale of
   23  wine intended is incidental to and not the prime source of revenue  from
   24  the operation of such premises. Such license may also include such suit-
   25  able  space  outside  the  licensed  premises and adjoining it as may be
   26  approved by the liquor authority.
   27    S 19. Subdivision 7 of section 100 of the alcoholic  beverage  control
   28  law,  as added by chapter 256 of the laws of 1978, is amended to read as
   29  follows:
   30    7. Within ten days after filing a new application to  sell  liquor  at
   31  retail  under section sixty-three, sixty-four, sixty-four-a [or], sixty-
   32  four-b OR SIXTY-FOUR-E of this chapter, a notice thereof,  in  the  form
   33  prescribed  by  the  authority,  shall  be  posted by the applicant in a
   34  conspicuous place at the entrance to the proposed premises.  The  appli-
   35  cant  shall  make  reasonable efforts to insure such notice shall remain
   36  posted throughout the pendency of the application. The provisions hereof
   37  shall apply only where no retail  liquor  license  has  previously  been
   38  granted  for the proposed premise and shall, specifically, not be appli-
   39  cable to a proposed sale of an existing business engaged in  the  retail
   40  sale of liquor. The authority may adopt such rules it may deem necessary
   41  to carry out the purpose of this subdivision.
   42    S  20.  The  closing  paragraph of subdivision 2 of section 102 of the
   43  alcoholic beverage control law, as added by section  1  of  part  OO  of
   44  chapter 56 of the laws of 2010, is amended to read as follows:
   45    As  used  in this subdivision, "recreational facility" shall mean: (i)
   46  premises that are part of a facility the  principal  business  of  which
   47  shall  be the providing of recreation in the form of golf, tennis, swim-
   48  ming, skiing or boating; and (ii) premises in which the principal  busi-
   49  ness  shall  be  the  operation  of  a  theatre, MOTION PICTURE THEATRE,
   50  concert hall, opera house, bowling establishment, excursion  and  sight-
   51  seeing  vessel,  or  accommodation  of athletic events, sporting events,
   52  expositions and other similar events or occasions requiring the accommo-
   53  dation of large gatherings of persons.
   54    S 21. Subdivision 1 of section 110-a of the alcoholic beverage control
   55  law, as added by chapter 77 of the laws of 1999, is amended to  read  as
   56  follows:
       A. 1380                            18
    1    1.  Every  person  applying  for a license to sell alcoholic beverages
    2  pursuant to subdivision four of section  fifty-one,  or  section  fifty-
    3  five,  sixty-four,  sixty-four-a, sixty-four-c, SIXTY-FOUR-E, eighty-one
    4  or eighty-one-a of this chapter shall publish notice thereof pursuant to
    5  subdivision two of this section.
    6    S 22. Subdivision 1 of section 110-b of the alcoholic beverage control
    7  law,  as  amended by chapter 560 of the laws of 2011, is amended to read
    8  as follows:
    9    1. Not less than thirty days before filing any of the following appli-
   10  cations, an applicant shall notify the municipality in which  the  prem-
   11  ises is located of such applicant's intent to file such an application:
   12    (a) for a license issued pursuant to section fifty-five, fifty-five-a,
   13  sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,  sixty-four-d,
   14  SIXTY-FOUR-E, eighty-one or eighty-one-a of this chapter;
   15    (b) for a renewal under section one hundred nine of this chapter of  a
   16  license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
   17  sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E, eighty-one or
   18  eighty-one-a of this chapter if the premises is located within the  city
   19  of New York;
   20    (c)  for approval of an alteration under section ninety-nine-d of this
   21  chapter if the premises is located within  the  city  of  New  York  and
   22  licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
   23  sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-E,  eighty-one  or
   24  eighty-one-a of this chapter; or
   25    (d) for approval of a substantial corporate change under section nine-
   26  ty-nine-d  of this chapter if the premises is located within the city of
   27  New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
   28  sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E,
   29  eighty-one or eighty-one-a of this chapter.
   30    S 23. This act shall take effect immediately, provided, however,  that
   31  the  amendments to subdivision 3 of section 17 of the alcoholic beverage
   32  control law made by section three of this act shall not affect the expi-
   33  ration of such subdivision and shall be deemed to expire therewith.