S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1380--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. LENTOL, STIRPE, LUPARDO, ABBATE, WEPRIN, ZEBROW-
         SKI, PRETLOW, O'DONNELL -- read once and referred to the Committee  on
         Economic  Development  --  committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the alcoholic beverage control law, in relation to  wine
         and beer 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 BEER AND WINE AT RETAIL FOR CONSUMPTION ON THE
   13  PREMISES IN A MOTION PICTURE THEATRE. 1. ANY PERSON MAY MAKE AN APPLICA-
   14  TION  TO  THE  STATE  LIQUOR AUTHORITY FOR A LICENSE TO SELL BEER, WINE,
   15  WINE PRODUCTS AND CIDER AT RETAIL FOR CONSUMPTION ON THE PREMISES  IN  A
   16  MOTION  PICTURE  THEATRE  AS  DEFINED IN SUBDIVISION TWENTY-F OF SECTION
   17  THREE OF THIS CHAPTER.   FOR THE PURPOSES OF  THIS  SECTION,  "ALCOHOLIC
   18  BEVERAGES" SHALL MEAN BEER, WINE, WINE PRODUCTS AND CIDER.
   19    2.  A  LICENSE  UNDER  THIS  SECTION SHALL BE ISSUED TO ALL APPLICANTS
   20  EXCEPT FOR GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE EXISTS TO
   21  DENY AN APPLICATION, THE AUTHORITY MAY CONSIDER:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01194-06-5
       A. 1380--A                          2
    1    (A) THE HISTORY OF BEER AND WINE VIOLATIONS  AND  DOCUMENTED  CRIMINAL
    2  ACTIVITY  AT  THE PROPOSED PREMISES CONNECTED WITH THE SALE AND CONSUMP-
    3  TION OF ALCOHOLIC BEVERAGES;
    4    (B)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE BEEN
    5  OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES FOR THE OPERATION
    6  OF THE MOTION PICTURE THEATRE AND SALE OF ALCOHOLIC BEVERAGES;
    7    (C) THE AGGREGATE NUMBER OF SEATS IN THE MOTION PICTURE THEATRE;
    8    (D) THE APPLICANT'S PROPOSED METHOD OF OPERATION AND ALCOHOLIC  BEVER-
    9  AGE CONTROL PLAN;
   10    (E)  OBJECTIONS FROM THE LOCAL MUNICIPALITY BASED ON EVIDENCE OF NEGA-
   11  TIVE IMPACTS TO THE SURROUNDING COMMUNITY;
   12    (F) ANY OTHER FACTORS, IN THE JUDGMENT OF THE  AUTHORITY,  THAT  WOULD
   13  CREATE A RISK IN THE ORDERLY ENFORCEMENT OF THIS CHAPTER; AND
   14    (G) ANY OTHER FACTORS, SUCH AS THE CHARACTER AND FITNESS OF THE APPLI-
   15  CANT  TO  HOLD  A  LICENSE,  THAT ARE RELEVANT TO DETERMINE WHETHER GOOD
   16  CAUSE EXISTS TO DENY THE APPLICATION.
   17    3. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
   18  INFORMATION  AS  SHALL  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
   19  AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT  REQUIRED  BY
   20  THIS ARTICLE FOR SUCH LICENSE.
   21    4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
   22  BLE TO THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
   23    5.  A  LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
   24  CONDITIONS SET FORTH BELOW.  FAILURE TO COMPLY WITH ANY OF THESE  CONDI-
   25  TIONS  SHALL,  CONSTITUTE  GROUNDS  FOR  THE SUSPENSION, CANCELLATION OR
   26  REVOCATION OF THE LICENSE, AND/OR THE IMPOSITION OF A CIVIL PENALTY  AND
   27  THE  RECOVERY  OF THE PENAL SUM OF THE BOND ON FILE DURING THE PERIOD OF
   28  THE VIOLATION.
   29    (A) A LICENSEE SHALL NOT SELL OR SERVE AN ALCOHOLIC  BEVERAGE  TO  ANY
   30  PERSON  THAT  DOES  NOT  DEMONSTRATE  THAT  THEY  ARE  OVER  THE  AGE OF
   31  TWENTY-ONE AS EVIDENCED BY THE PRESENTATION OF A VALID  FORM  OF  PHOTO-
   32  GRAPHIC  IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAP-
   33  TER;
   34    (B) NO MORE THAN ONE ALCOHOLIC BEVERAGE SHALL BE SOLD OR SERVED TO ANY
   35  ONE PERSON DURING ANY ONE TRANSACTION;
   36    (C) SUBJECT TO THE PROVISIONS SET FORTH IN SUBDIVISION FIVE OF SECTION
   37  ONE HUNDRED SIX OF THIS CHAPTER, THE LICENSEE SHALL ONLY SELL  OR  SERVE
   38  ALCOHOLIC BEVERAGES FOR THE PERIOD BEGINNING ONE HOUR PRIOR TO THE FIRST
   39  MOTION PICTURE VIEWING AND ENDING UPON THE CONCLUSION OF THE LAST MOTION
   40  PICTURE VIEWING; AND
   41    (D) THE LICENSEE MUST MAKE AVAILABLE TO ITS PATRONS FOOD THAT IS TYPI-
   42  CALLY  FOUND  IN A MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO:
   43  POPCORN, CANDY, AND LIGHT SNACKS.
   44    6. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE ISSUANCE OF  A
   45  LICENSE  PURSUANT  TO  SECTION  SIXTY-FOUR  OF  THIS SECTION TO A MOTION
   46  PICTURE THEATRE OR OTHER VENUE THAT SHOWS MOTION PICTURES THAT MEETS THE
   47  DEFINITION OF A RESTAURANT SET  FORTH  IN  SUBDIVISION  TWENTY-SEVEN  OF
   48  SECTION  THREE  OF  THIS  CHAPTER  AND WHERE ALL SEATING IS AT TABLES OR
   49  SEATSIDE TABLES WHERE MEALS ARE SERVED.
   50    7. NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE GRANTED  FOR
   51  ANY PREMISES WHICH SHALL BE:
   52    (A)  ON  THE  SAME  STREET  OR AVENUE AND WITHIN TWO HUNDRED FEET OF A
   53  BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
   54  PLACE OF WORSHIP; OR
   55    (B)  IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
   56  OR MORE WITHIN FIVE HUNDRED FEET OF  THREE  OR  MORE  EXISTING  PREMISES
       A. 1380--A                          3
    1  LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
    2  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
    3  ARTICLE.
    4    8. (A) THE MEASUREMENTS IN SUBDIVISION SEVEN OF THIS SECTION ARE TO BE
    5  TAKEN  IN  STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE
    6  PREMISES SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE  OF
    7  SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR  OTHER  PLACE OF WORSHIP OR TO THE
    8  CENTER OF THE NEAREST ENTRANCE OF EACH SUCH PREMISES LICENSED AND  OPER-
    9  ATING  PURSUANT  TO  THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-A,
   10  SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE; EXCEPT,
   11  HOWEVER, THAT NO  RENEWAL  LICENSE  SHALL  BE  DENIED  BECAUSE  OF  SUCH
   12  RESTRICTION  TO  ANY PREMISES SO LOCATED WHICH WERE MAINTAINED AS A BONA
   13  FIDE HOTEL, RESTAURANT, CATERING ESTABLISHMENT OR CLUB ON  OR  PRIOR  TO
   14  DECEMBER  FIFTH,  NINETEEN  HUNDRED  THIRTY-THREE;  AND,  EXCEPT THAT NO
   15  LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH A  LICENSE  UNDER  THIS
   16  CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE PRIOR TO THE DATE
   17  WHEN A BUILDING ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED FEET
   18  OF  SAID  PREMISES  HAS  BEEN  OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
   19  SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND EXCEPT THAT NO LICENSE SHALL BE
   20  DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET  OF  THREE  OR
   21  MORE  EXISTING  PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION
   22  AND  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,   SIXTY-FOUR-C,
   23  AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT WHICH A LICENSE UNDER THIS CHAP-
   24  TER  HAS  BEEN  IN EXISTENCE CONTINUOUSLY ON OR PRIOR TO NOVEMBER FIRST,
   25  NINETEEN HUNDRED NINETY-THREE. THE LIQUOR AUTHORITY, IN ITS  DISCRETION,
   26  MAY  AUTHORIZE  THE REMOVAL OF ANY SUCH LICENSED PREMISES TO A DIFFERENT
   27  LOCATION ON THE SAME STREET OR AVENUE, WITHIN TWO HUNDRED FEET  OF  SAID
   28  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED THAT SUCH
   29  NEW LOCATION IS NOT WITHIN A CLOSER DISTANCE  TO  SUCH  SCHOOL,  CHURCH,
   30  SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   31    (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
   32  MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES  LICENSED
   33  AND   OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS  SIXTY-FOUR,
   34  SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR  SIXTY-FOUR-D  OF  THIS
   35  ARTICLE OR OF THE PREMISES SOUGHT TO BE LICENSED, REGULARLY USED TO GIVE
   36  INGRESS  TO  STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC ATTENDING THE
   37  PLACE OF WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED  AND
   38  OPERATING   PURSUANT   TO   THIS   SECTION   AND   SECTIONS  SIXTY-FOUR,
   39  SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR  SIXTY-FOUR-D  OF  THIS
   40  ARTICLE    OR OF THE PREMISES SOUGHT TO BE LICENSED, EXCEPT THAT WHERE A
   41  SCHOOL OR HOUSE OF WORSHIP OR PREMISES LICENSED AND  OPERATING  PURSUANT
   42  TO  THIS  SECTION  AND  SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B,
   43  SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE OR THE PREMISES SOUGHT
   44  TO BE LICENSED IS SET BACK FROM A PUBLIC THOROUGHFARE,  THE  WALKWAY  OR
   45  STAIRS  LEADING  TO  ANY  SUCH DOOR SHALL BE DEEMED AN ENTRANCE; AND THE
   46  MEASUREMENT SHALL BE TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT THE
   47  POINT WHERE IT MEETS THE BUILDING LINE OR PUBLIC  THOROUGHFARE.  A  DOOR
   48  WHICH  HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS AN EMERGENCY
   49  OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY TO  A
   50  PART  OF A BUILDING NOT REGULARLY USED BY THE GENERAL PUBLIC OR PATRONS,
   51  IS NOT DEEMED AN "ENTRANCE".
   52    (C) FOR THE PURPOSES OF THIS SUBDIVISION, A  BUILDING  OCCUPIED  AS  A
   53  PLACE  OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE
   54  OF WORSHIP BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO  DETRACT  FROM
   55  THE  PREDOMINANT  CHARACTER  OF THE BUILDING AS A PLACE OF WORSHIP, SUCH
   56  USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
       A. 1380--A                          4
    1  AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF CHANCE HELD AS  A  MEANS  OF
    2  RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
    3  CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR  FOR  OTHER  NOT-FOR-PROFIT
    4  ORGANIZATIONS  OR  GROUPS; USE OF THE BUILDING FOR FUND-RAISING PERFORM-
    5  ANCES BY OR BENEFITING THE NOT-FOR-PROFIT RELIGIOUS  ORGANIZATION  WHICH
    6  CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
    7  IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
    8  TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
    9  SOCIAL  ACTIVITIES  BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE USE OF
   10  THE BUILDING FOR MEETINGS HELD  BY  ORGANIZATIONS  OR  GROUPS  PROVIDING
   11  BEREAVEMENT  COUNSELING  TO  PERSONS HAVING SUFFERED THE LOSS OF A LOVED
   12  ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR DISEASES INCLUDING
   13  BUT NOT LIMITED TO, ALCOHOLISM, DRUG ADDITION, CANCER,  CEREBRAL  PALSY,
   14  PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; THE USE OF THE BUILDING FOR
   15  BLOOD  DRIVES,  HEALTH  SCREENINGS,  HEALTH  INFORMATION  MEETINGS, YOGA
   16  CLASSES, EXERCISE CLASSES OR OTHER ACTIVITIES INTENDED  TO  PROMOTE  THE
   17  HEALTH  OF  THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE BUILDING BY
   18  NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR  PRIVATE  SOCIAL  FUNCTIONS.
   19  THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLU-
   20  SIVELY"  OCCUPIED  AS  A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT RELI-
   21  GIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE PAYMENT OF
   22  FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE BUILDING.
   23    9. NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION
   24  SEVEN  OF  THIS  SECTION,  THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO
   25  THIS SECTION FOR A PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED  FEET  OF
   26  THREE  OR MORE EXISTING PREMISES LICENSED AND OPERATING PURSUANT TO THIS
   27  SECTION   AND   SECTIONS   SIXTY-FOUR,    SIXTY-FOUR-A,    SIXTY-FOUR-B,
   28  SIXTY-FOUR-C,  AND/OR  SIXTY-FOUR-D OF THIS ARTICLE IF, AFTER  CONSULTA-
   29  TION WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETERMINES THAT GRANT-
   30  ING SUCH LICENSE WOULD BE IN THE PUBLIC INTEREST.  BEFORE IT  MAY  ISSUE
   31  ANY  SUCH LICENSE, THE AUTHORITY SHALL CONDUCT A HEARING, UPON NOTICE TO
   32  THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD, AND  SHALL  STATE
   33  AND FILE IN ITS OFFICE ITS REASONS THEREFOR. THE HEARING MAY BE RESCHED-
   34  ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
   35  APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
   36  ULED, ADJOURNED OR CONTINUED HEARING. BEFORE THE  AUTHORITY  ISSUES  ANY
   37  SAID  LICENSE, THE AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF
   38  MAY, IN ADDITION TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT
   39  A PUBLIC MEETING REGARDING SAID LICENSE, UPON NOTICE  TO  THE  APPLICANT
   40  AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD.  THE PUBLIC MEETING MAY BE
   41  RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE
   42  TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH
   43  RESCHEDULED,  ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE TO THE MUNI-
   44  CIPALITY OR COMMUNITY BOARD SHALL MEAN  WRITTEN  NOTICE  MAILED  BY  THE
   45  AUTHORITY  TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS
   46  IN ADVANCE OF ANY HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH. UPON THE
   47  REQUEST OF THE AUTHORITY, ANY MUNICIPALITY OR COMMUNITY BOARD MAY  WAIVE
   48  THE  FIFTEEN  DAY  NOTICE REQUIREMENT. NO PREMISES HAVING BEEN GRANTED A
   49  LICENSE PURSUANT TO THIS SECTION SHALL  BE  DENIED  A  RENEWAL  OF  SUCH
   50  LICENSE UPON THE GROUNDS THAT SUCH PREMISES ARE WITHIN FIVE HUNDRED FEET
   51  OF  A  BUILDING OR BUILDINGS WHEREIN THREE OR MORE PREMISES ARE LICENSED
   52  AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS   SIXTY-FOUR,
   53  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR SIXTY-FOUR-D OF THIS
   54  ARTICLE.
       A. 1380--A                          5
    1    S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
    2  law,  as  amended by chapter 355 of the laws of 2013, is amended to read
    3  as follows:
    4    3. To revoke, cancel or suspend for cause any license or permit issued
    5  under  this  chapter  and/or to impose a civil penalty for cause against
    6  any holder of a license or permit issued pursuant to this  chapter.  Any
    7  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
    8  dollars as against the holder of any retail permit  issued  pursuant  to
    9  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
   10  paragraph f of subdivision one of section ninety-nine-b of this chapter,
   11  and as against the holder of  any  retail  license  issued  pursuant  to
   12  sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
   13  five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
   14  sixty-four-c, SIXTY-FOUR-E, seventy-six-f, seventy-nine, eighty-one  and
   15  eighty-one-a  of this chapter, and the sum of thirty thousand dollars as
   16  against the holder of a license issued pursuant to sections fifty-three,
   17  seventy-six, seventy-six-a, and seventy-eight of this chapter,  provided
   18  that  the civil penalty against the holder of a wholesale license issued
   19  pursuant to section fifty-three of this chapter shall not exceed the sum
   20  of ten thousand dollars where that licensee violates provisions of  this
   21  chapter  during the course of the sale of beer at retail to a person for
   22  consumption at home, and the sum of  one  hundred  thousand  dollars  as
   23  against the holder of any license issued pursuant to sections fifty-one,
   24  sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
   25  shall be in addition to and  separate  and  apart  from  the  terms  and
   26  provisions  of  the bond required pursuant to section one hundred twelve
   27  of this chapter. Provided that no appeal is pending on the imposition of
   28  such civil penalty, in the event such civil penalty imposed by the divi-
   29  sion remains unpaid, in whole or in  part,  more  than  forty-five  days
   30  after  written  demand  for payment has been sent by first class mail to
   31  the address of the licensed premises,  a  notice  of  impending  default
   32  judgment  shall be sent by first class mail to the licensed premises and
   33  by first class mail to the last known home address  of  the  person  who
   34  signed  the  most  recent license application.   The notice of impending
   35  default judgment shall advise the licensee: (a) that a civil penalty was
   36  imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
   37  amount  of  the  civil penalty; (d) the amount of the civil penalty that
   38  remains unpaid as of the date of the  notice;  (e)  the  violations  for
   39  which  the civil penalty was imposed; and (f) that a judgment by default
   40  will be entered in the supreme court of the county in which the licensed
   41  premises are located, or other court of civil jurisdiction or any  other
   42  place  provided for the entry of civil judgments within the state of New
   43  York unless the division receives full payment of  all  civil  penalties
   44  due  within  twenty  days of the date of the notice of impending default
   45  judgment. If full payment shall not have been received by  the  division
   46  within  thirty  days of mailing of the notice of impending default judg-
   47  ment, the division shall proceed to enter with such court a statement of
   48  the default judgment containing the amount of the penalty  or  penalties
   49  remaining  due  and unpaid, along with proof of mailing of the notice of
   50  impending default judgment. The filing of such judgment shall  have  the
   51  full  force  and  effect  of  a default judgment duly docketed with such
   52  court pursuant to the civil practice law and  rules  and  shall  in  all
   53  respects  be  governed  by  that chapter and may be enforced in the same
   54  manner and with the same effect as that provided by law  in  respect  to
   55  execution issued against property upon judgments of a court of record. A
       A. 1380--A                          6
    1  judgment entered pursuant to this subdivision shall remain in full force
    2  and effect for eight years notwithstanding any other provision of law.
    3    S  4.  Subdivision  3  of section 55 of the alcoholic beverage control
    4  law, as amended by chapter 531 of the laws of 1964, is amended  to  read
    5  as follows:
    6    3.  No  such  license  shall be issued, however, to any person for any
    7  premises other than premises for which a license  may  be  issued  under
    8  section sixty-four [or], sixty-four-a OR SIXTY-FOUR-E of this chapter or
    9  a hotel or premises which are kept, used, maintained, advertised or held
   10  out  to  the  public to be a place where food is prepared and served for
   11  consumption on the premises in such quantities as to satisfy the  liquor
   12  authority  that  the  sale of beer intended is incidental to and not the
   13  prime source of revenue from the operation of such premises. The forego-
   14  ing provisions of this subdivision  shall  not  apply  to  any  premises
   15  located  at,  in,  or  on the area leased by the city of New York to New
   16  York World's Fair 1964 Corporation pursuant to the provisions of chapter
   17  four hundred twenty-eight of the laws  of  nineteen  hundred  sixty,  as
   18  amended  by  a chapter of the laws of nineteen hundred sixty-one, during
   19  the term or duration of such lease. Such license may also  include  such
   20  suitable  space outside of the licensed premises and adjoining it as may
   21  be approved by the liquor authority.
   22    S 5. Subdivisions 1 and 2 of section 56-a of  the  alcoholic  beverage
   23  control  law,  as amended by chapter 384 of the laws of 2013, is amended
   24  to read as follows:
   25    1. In addition to the annual fees provided for in this chapter,  there
   26  shall  be  paid  to  the  authority  with each initial application for a
   27  license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
   28  fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
   29  ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
   30  each  initial application for a license filed pursuant to section sixty-
   31  three, sixty-four, sixty-four-a  or  sixty-four-b  of  this  chapter,  a
   32  filing  fee  of two hundred dollars; with each initial application for a
   33  license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
   34  fifty-five-a, SIXTY-FOUR-E, seventy-nine, eighty-one or eighty-one-a  of
   35  this  chapter,  a  filing  fee of one hundred dollars; with each initial
   36  application for a permit filed pursuant to section  ninety-one,  ninety-
   37  one-a,  ninety-two,  ninety-two-a, ninety-three, ninety-three-a, if such
   38  permit is to be issued on a calendar year  basis,  ninety-four,  ninety-
   39  five,  ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or j
   40  of subdivision one of section ninety-nine-b  of  this  chapter  if  such
   41  permit  is  to  be issued on a calendar year basis, or for an additional
   42  bar pursuant to subdivision four of section one hundred of this chapter,
   43  a filing fee of twenty dollars; and with each application for  a  permit
   44  under  section ninety-three-a of this chapter, other than a permit to be
   45  issued on a calendar year  basis,  section  ninety-seven,  ninety-eight,
   46  ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
   47  issued  pursuant to paragraph b, c, e or j of subdivision one of section
   48  ninety-nine-b of this chapter on a calendar year basis, a filing fee  of
   49  ten dollars.
   50    2.  In addition to the annual fees provided for in this chapter, there
   51  shall be paid to the authority  with  each  renewal  application  for  a
   52  license  filed  pursuant to section fifty-one, fifty-one-a, fifty-three,
   53  fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or  seven-
   54  ty-eight of this chapter, a filing fee of one hundred dollars; with each
   55  renewal application for a license filed pursuant to section sixty-three,
   56  sixty-four,  sixty-four-a  or sixty-four-b of this chapter, a filing fee
       A. 1380--A                          7
    1  of ninety dollars; with each renewal application  for  a  license  filed
    2  pursuant  to  section  seventy-nine,  eighty-one or eighty-one-a of this
    3  chapter, a filing fee of twenty-five  dollars;  and  with  each  renewal
    4  application  for  a  license  or permit filed pursuant to section fifty-
    5  three-a, fifty-four, fifty-five, fifty-five-a, SIXTY-FOUR-E, ninety-one,
    6  ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
    7  such permit is issued on a calendar  year  basis,  ninety-four,  ninety-
    8  five, ninety-six or ninety-six-a of this chapter or pursuant to subdivi-
    9  sions b, c, e or j of section ninety-nine-b, if such permit is issued on
   10  a  calendar  year  basis,  or with each renewal application for an addi-
   11  tional bar pursuant to subdivision four of section one hundred  of  this
   12  chapter, a filing fee of thirty dollars.
   13    S  6.  Paragraph  (b)  of subdivision 7 of section 64 of the alcoholic
   14  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   15  amended to read as follows:
   16    (b)  in a city, town or village having a population of twenty thousand
   17  or more within five hundred feet of  three  or  more  existing  premises
   18  licensed   and   operating   pursuant   to  this  section  and  sections
   19  sixty-four-a, sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR
   20  SIXTY-FOUR-E of this article;
   21    S  7.  Paragraph  (c)  of subdivision 7 of section 64 of the alcoholic
   22  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   23  amended to read as follows:
   24    (c) the measurements in paragraphs (a) and (b) of this subdivision are
   25  to be taken in straight lines from the center of the nearest entrance of
   26  the premises sought to be licensed to the center of the nearest entrance
   27  of  such  school,  church, synagogue or other place of worship or to the
   28  center of the nearest entrance of each such premises licensed and  oper-
   29  ating  pursuant to this section and sections sixty-four-a, sixty-four-b,
   30  sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of  this  arti-
   31  cle; except, however, that no renewal license shall be denied because of
   32  such  restriction  to any premises so located which were maintained as a
   33  bona fide hotel, restaurant, catering establishment or club on or  prior
   34  to  December  fifth,  nineteen hundred thirty-three; and, except that no
   35  license shall be denied to any premises at which a  license  under  this
   36  chapter has been in existence continuously from a date prior to the date
   37  when a building on the same street or avenue and within two hundred feet
   38  of  said  premises  has  been  occupied exclusively as a school, church,
   39  synagogue or other place of worship; and except that no license shall be
   40  denied to any premises, which is within five hundred feet  of  three  or
   41  more  existing  premises licensed and operating pursuant to this section
   42  and sections sixty-four-a, sixty-four-b, sixty-four-c,  [and/or]  sixty-
   43  four-d,  AND/OR  SIXTY-FOUR-E  of this article, at which a license under
   44  this chapter has been in existence continuously on or prior to  November
   45  first,  nineteen  hundred ninety-three; and except that this subdivision
   46  shall not be deemed to restrict the issuance of a hotel  liquor  license
   47  to  a  building used as a hotel and in which a restaurant liquor license
   48  currently exists for premises which serve as a dining room for guests of
   49  the hotel and a caterer's license to a person using the permanent cater-
   50  ing facilities of a church, synagogue or other place of worship pursuant
   51  to a written agreement between such person and the authorities in charge
   52  of such facilities. The liquor authority, in its discretion, may author-
   53  ize the removal of any such licensed premises to a different location on
   54  the same street or avenue, within  two  hundred  feet  of  said  school,
   55  church,  synagogue  or  other  place  of worship, provided that such new
       A. 1380--A                          8
    1  location is not within a closer distance to such school,  church,  syna-
    2  gogue or other place of worship.
    3    S  8.  Paragraph  (d)  of subdivision 7 of section 64 of the alcoholic
    4  beverage control law, as amended by chapter 463 of the laws of 2009,  is
    5  amended to read as follows:
    6    (d)  Within the context of this subdivision, the word "entrance" shall
    7  mean a door of a school, of a house of worship, or of premises  licensed
    8  and  operating  pursuant  to  this  section  and  sections sixty-four-a,
    9  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   10  of this article or of the premises sought to be licensed, regularly used
   11  to give ingress to students of the school, to the general public attend-
   12  ing  the  place  of  worship,  and  to patrons or guests of the 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 or of the premises sought to  be  licensed,
   16  except  that where a school or house of worship or premises licensed and
   17  operating pursuant to this section  and  sections  sixty-four-a,  sixty-
   18  four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   19  article  or the premises sought to be licensed is set back from a public
   20  thoroughfare, the walkway or stairs leading to any such  door  shall  be
   21  deemed  an entrance; and the measurement shall be taken to the center of
   22  the walkway or stairs at the point where it meets the building  line  or
   23  public  thoroughfare. A door which has no exterior hardware, or which is
   24  used solely as an emergency or fire exit, or for  maintenance  purposes,
   25  or  which  leads  directly to a part of a building not regularly used by
   26  the general public or patrons, is not deemed an "entrance".
   27    S 9. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
   28  beverage  control law, as amended by chapter 185 of the laws of 2012, is
   29  amended to read as follows:
   30    (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
   31  sion,  the  authority may issue a license pursuant to this section for a
   32  premises which shall be within five hundred feet of three or more exist-
   33  ing premises  licensed  and  operating  pursuant  to  this  section  and
   34  sections     sixty-four-a,    sixty-four-b,    sixty-four-c,    [and/or]
   35  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   36  with the municipality or community board, it  determines  that  granting
   37  such  license  would  be in the public interest. Before it may issue any
   38  such license, the authority shall conduct a hearing, upon notice to  the
   39  applicant  and  the municipality or community board, and shall state and
   40  file in its office its reasons therefor. The hearing may be rescheduled,
   41  adjourned or continued, and the  authority  shall  give  notice  to  the
   42  applicant  and  the municipality or community board of any such resched-
   43  uled, adjourned or continued hearing. Before the  authority  issues  any
   44  said  license, the authority or one or more of the commissioners thereof
   45  may, in addition to the hearing required by this paragraph, also conduct
   46  a public meeting regarding said license, upon notice  to  the  applicant
   47  and  the  municipality  or  community  board.  The public meeting may be
   48  rescheduled, adjourned or continued, and the authority shall give notice
   49  to the applicant and the municipality or community  board  of  any  such
   50  rescheduled,  adjourned or continued public meeting. Notice to the muni-
   51  cipality or community board shall mean  written  notice  mailed  by  the
   52  authority  to such municipality or community board at least fifteen days
   53  in advance of any hearing scheduled pursuant to this paragraph. Upon the
   54  request of the authority, any municipality or community board may  waive
   55  the  fifteen  day  notice requirement. No premises having been granted a
   56  license pursuant to this section shall  be  denied  a  renewal  of  such
       A. 1380--A                          9
    1  license upon the grounds that such premises are within five hundred feet
    2  of  a  building or buildings wherein three or more premises are 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.
    6    S 10. Paragraph (a) of subdivision 7 of section 64-a of the  alcoholic
    7  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    8  amended to read as follows:
    9    (a) No special on-premises license shall be granted for  any  premises
   10  which shall be
   11    (i)  on  the  same  street  or avenue and within two hundred feet of a
   12  building occupied exclusively as a school, church,  synagogue  or  other
   13  place of worship or
   14    (ii) in a city, town or village having a population of twenty thousand
   15  or  more  within  five  hundred  feet of three or more existing premises
   16  licensed and operating pursuant to this section and sections sixty-four,
   17  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   18  of this article;
   19    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
   20  are  to  be  taken  in  straight  lines  from  the center of the nearest
   21  entrance of the premises sought to be licensed  to  the  center  of  the
   22  nearest  entrance  of  such  school, church, synagogue or other place of
   23  worship or to the center of the nearest entrance of each  such  premises
   24  licensed and operating pursuant to this section and sections sixty-four,
   25  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   26  of this article; except that no license shall be denied to any  premises
   27  at which a license under this chapter has been in existence continuously
   28  from  a  date  prior  to  the date when a building on the same street or
   29  avenue and within two hundred feet of said premises  has  been  occupied
   30  exclusively  as  a  school, church, synagogue or other place of worship;
   31  and except that no license shall be denied to  any  premises,  which  is
   32  within five hundred feet of three or more existing premises licensed and
   33  operating   pursuant   to   this   section   and   sections  sixty-four,
   34  sixty-four-b, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   35  of  this  article,  at  which  a  license under this chapter has been in
   36  existence continuously on or prior to November first,  nineteen  hundred
   37  ninety-three. The liquor authority, in its discretion, may authorize the
   38  removal  of  any  such  licensed premises to a different location on the
   39  same street or avenue, within two hundred feet of said  school,  church,
   40  synagogue  or other place of worship, provided that such new location is
   41  not within a closer distance to such school, church, synagogue or  other
   42  place of worship.
   43    S  11. Paragraph (b) of subdivision 7 of section 64-a of the alcoholic
   44  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   45  amended to read as follows:
   46    (b)  Within the context of this subdivision, the word "entrance" shall
   47  mean a door of a school, of a house of worship, or of premises  licensed
   48  and  operating  pursuant to this section and sections sixty-four, sixty-
   49  four-b, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   50  article or of the premises sought to be licensed, regularly used to give
   51  ingress to students of the school, to the general public  attending  the
   52  place  of worship, and to patrons or guests of the premises licensed and
   53  operating  pursuant   to   this   section   and   sections   sixty-four,
   54  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   55  of this article or of the premises sought to be  licensed,  except  that
   56  where  a  school  or house of worship or premises licensed and operating
       A. 1380--A                         10
    1  pursuant to this section and sections sixty-four,  sixty-four-b,  sixty-
    2  four-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
    3  the premises sought to be licensed is set back from a  public  thorough-
    4  fare,  the walkway or stairs leading to any such door shall be deemed an
    5  entrance; and the measurement shall be taken to the center of the  walk-
    6  way  or  stairs  at the point where it meets the building line or public
    7  thoroughfare. A door which has no exterior hardware, or  which  is  used
    8  solely  as  an  emergency  or fire exit, or for maintenance purposes, or
    9  which leads directly to a part of a building not regularly used  by  the
   10  general public or patrons, is not deemed an "entrance".
   11    S  12. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
   12  beverage control law, as amended by chapter 185 of the laws of 2012,  is
   13  amended to read as follows:
   14    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
   15  (a) of this subdivision, the authority may issue a license  pursuant  to
   16  this  section  for a premises which shall be within five hundred feet of
   17  three or more existing premises licensed and operating pursuant to  this
   18  section  and  sections  sixty-four, sixty-four-b, sixty-four-c, [and/or]
   19  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   20  with the municipality or community board, it  determines  that  granting
   21  such  license  would  be in the public interest. Before it may issue any
   22  such license, the authority shall conduct a hearing, upon notice to  the
   23  applicant  and  the municipality or community board, and shall state and
   24  file in its office its reasons therefor. Notice to the  municipality  or
   25  community  board  shall  mean  written notice mailed by the authority to
   26  such municipality or community board at least fifteen days in advance of
   27  any hearing scheduled pursuant to this paragraph. Upon  the  request  of
   28  the authority, any municipality or community board may waive the fifteen
   29  day  notice  requirement.  The  hearing may be rescheduled, adjourned or
   30  continued, and the authority shall give notice to the applicant and  the
   31  municipality  or  community  board of any such rescheduled, adjourned or
   32  continued hearing. Before the authority issues  any  said  license,  the
   33  authority  or  one or more of the commissioners thereof may, in addition
   34  to the hearing required by this paragraph, also conduct a public meeting
   35  regarding said license, upon notice to the  applicant  and  the  munici-
   36  pality  or  community  board.  The  public  meeting  may be rescheduled,
   37  adjourned or continued, and the  authority  shall  give  notice  to  the
   38  applicant  and  the municipality or community board of any such resched-
   39  uled, adjourned or continued public meeting.  No  premises  having  been
   40  granted  a license pursuant to this section shall be denied a renewal of
   41  such license upon the grounds that such premises are within five hundred
   42  feet of a building or buildings  wherein  three  or  more  premises  are
   43  licensed and operating pursuant to this section and sections sixty-four,
   44  sixty-four-b,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   45  of this article.
   46    S 13. Paragraphs (a), (b) and (c) of subdivision 5 of section 64-b  of
   47  the  alcoholic  beverage control law, paragraph (a) as amended and para-
   48  graph (b) as added by chapter 463 of the laws of 2009 and paragraph  (c)
   49  as  amended  by  chapter 185 of the laws of 2012, are amended to read as
   50  follows:
   51    (a) No bottle club license shall be granted  for  any  premises  which
   52  shall be
   53    (i)  on  the  same  street  or avenue and within two hundred feet of a
   54  building occupied exclusively as a school, church,  synagogue  or  other
   55  place of worship; or
       A. 1380--A                         11
    1    (ii) in a city, town or village having a population of twenty thousand
    2  or  more  within  five  hundred  feet of three or more existing premises
    3  licensed and operating pursuant to this section and sections sixty-four,
    4  sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
    5  of this article;
    6    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
    7  are  to  be  taken  in  straight  lines  from  the center of the nearest
    8  entrance of the premises sought to be licensed  to  the  center  of  the
    9  nearest  entrance  of  such  school, church, synagogue or other place of
   10  worship or to the center of the nearest entrance of each  such  premises
   11  licensed and operating pursuant to this section and sections sixty-four,
   12  sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   13  of this article; except that no license shall be denied to any  premises
   14  at which a license under this chapter has been in existence continuously
   15  from  a  date  prior  to  the date when a building on the same street or
   16  avenue and within two hundred feet of said premises  has  been  occupied
   17  exclusively  as  a  school, church, synagogue or other place of worship;
   18  and except that no license shall be denied to  any  premises,  which  is
   19  within five hundred feet of three or more existing premises licensed and
   20  operating   pursuant   to   this   section   and   sections  sixty-four,
   21  sixty-four-a, sixty-four-c, [and/or] sixty-four-d,  AND/OR  SIXTY-FOUR-E
   22  of  this  article,  at  which  a  license under this chapter has been in
   23  existence continuously on or prior to November first,  nineteen  hundred
   24  ninety-three. The liquor authority, in its discretion, may authorize the
   25  removal  of  any  such  licensed premises to a different location on the
   26  same street or avenue, within two hundred feet of said  school,  church,
   27  synagogue  or other place of worship, provided that such new location is
   28  not within a closer distance to such school, church, synagogue or  other
   29  place of worship.
   30    (b)  Within the context of this subdivision, the word "entrance" shall
   31  mean a door of a school, of a house of worship, or of premises  licensed
   32  and  operating  pursuant to this section and sections sixty-four, sixty-
   33  four-a, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   34  article or of the premises sought to be licensed, regularly used to give
   35  ingress to students of the school, to the general public  attending  the
   36  place  of worship, and to patrons or guests of the premises licensed and
   37  operating  pursuant   to   this   section   and   sections   sixty-four,
   38  sixty-four-a,  sixty-four-c,  [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E
   39  of this article or of the premises sought to be  licensed,  except  that
   40  where  a  school  or house of worship or premises licensed and operating
   41  pursuant to this section and sections sixty-four,  sixty-four-a,  sixty-
   42  four-c,  [and/or]  sixty-four-d,  AND/OR SIXTY-FOUR-E of this article or
   43  the premises sought to be licensed is set back from a  public  thorough-
   44  fare,  the walkway or stairs leading to any such door shall be deemed an
   45  entrance; and the measurement shall be taken to the center of the  walk-
   46  way  or  stairs  at the point where it meets the building line or public
   47  thoroughfare. A door which has no exterior hardware, or  which  is  used
   48  solely  as  an  emergency  or fire exit, or for maintenance purposes, or
   49  which leads directly to a part of a building not regularly used  by  the
   50  general public or patrons, is not deemed an "entrance".
   51    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
   52  (a) of this subdivision, the authority may issue a license  pursuant  to
   53  this  section  for a premises which shall be within five hundred feet of
   54  three or more existing premises licensed and operating pursuant to  this
   55  section  and  sections  sixty-four, sixty-four-a, sixty-four-c, [and/or]
   56  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
       A. 1380--A                         12
    1  with the municipality or community board, it  determines  that  granting
    2  such  license  would  be in the public interest. Before it may issue any
    3  such license, the authority shall conduct a hearing, upon notice to  the
    4  applicant  and  the municipality or community board, and shall state and
    5  file in its office its reasons therefor. The hearing may be rescheduled,
    6  adjourned or continued, and the  authority  shall  give  notice  to  the
    7  applicant  and  the municipality or community board of any such resched-
    8  uled, adjourned or continued hearing. Before the  authority  issues  any
    9  said  license, the authority or one or more of the commissioners thereof
   10  may, in addition to the hearing required by this paragraph, also conduct
   11  a public meeting regarding said license, upon notice  to  the  applicant
   12  and  the  municipality  or  community  board.  The public meeting may be
   13  rescheduled, adjourned or continued, and the authority shall give notice
   14  to the applicant and the municipality or community  board  of  any  such
   15  rescheduled,  adjourned or continued public meeting. Notice to the muni-
   16  cipality or community board shall mean  written  notice  mailed  by  the
   17  authority  to such municipality or community board at least fifteen days
   18  in advance of any hearing scheduled pursuant to this paragraph. Upon the
   19  request of the authority, any municipality or community board may  waive
   20  the  fifteen  day  notice requirement. No premises having been granted a
   21  license pursuant to this section shall  be  denied  a  renewal  of  such
   22  license upon the grounds that such premises are within five hundred feet
   23  of  a  building or buildings wherein three or more premises are licensed
   24  and operating pursuant to this section and sections  sixty-four,  sixty-
   25  four-a, sixty-four-c, [and/or] sixty-four-d, AND/OR SIXTY-FOUR-E of this
   26  article.
   27    S 14. Paragraph (a) of subdivision 10 of section 64-c of the alcoholic
   28  beverage  control  law,  as added by chapter 366 of the laws of 2012, is
   29  amended to read as follows:
   30    (a) For purposes of sections one hundred one and one  hundred  six  of
   31  this  chapter,  a  person  licensed under this section shall be deemed a
   32  "retailer" as that term is defined within section three of this chapter.
   33  Notwithstanding any provision of this chapter to the contrary, a  person
   34  licensed under this section may also be licensed (or interested directly
   35  or  indirectly  in a license) to sell liquor at retail to be consumed on
   36  or off the premises under section fifty-four, fifty-four-a,  fifty-five,
   37  fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
   38  sixty-four,  sixty-four-a,   sixty-four-b   [and],   sixty-four-d,   AND
   39  SIXTY-FOUR-E of this article.
   40    S 15. Subdivision 11 of section 64-c of the alcoholic beverage control
   41  law,  as amended by chapter 463 of the laws of 2009 and paragraph (c) as
   42  amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
   43  follows:
   44    11. (a) No restaurant-brewer license shall be granted for any premises
   45  which shall be:
   46    (i)  on  the  same  street  or avenue and within two hundred feet of a
   47  building occupied exclusively as a school, church,  synagogue  or  other
   48  place of worship; or
   49    (ii) in a city, town or village having a population of twenty thousand
   50  or  more  within  five  hundred  feet of three or more existing premises
   51  licensed and operating pursuant to the provisions  of  this  section  or
   52  sections  sixty-four, sixty-four-a, sixty-four-b [and/or], sixty-four-d,
   53  AND SIXTY-FOUR-E of this article; or
   54    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
   55  are to be taken in  straight  lines  from  the  center  of  the  nearest
   56  entrance  of  the  premises  sought  to be licensed to the center of the
       A. 1380--A                         13
    1  nearest entrance of such school, church, synagogue  or  other  place  of
    2  worship  or  to the center of the nearest entrance of each such premises
    3  licensed and operating pursuant to this section and sections sixty-four,
    4  sixty-four-a,  sixty-four-b  [and/or], sixty-four-d, AND SIXTY-FOUR-E of
    5  this article; except that no license shall be denied to any premises  at
    6  which  a  license  under this chapter has been in existence continuously
    7  from a date prior to the date when a building  on  the  same  street  or
    8  avenue  and  within  two hundred feet of said premises has been occupied
    9  exclusively as a school, church, synagogue or other place of worship and
   10  except that no license shall be denied to any premises, which is  within
   11  five  hundred feet of three or more existing premises licensed and oper-
   12  ating pursuant to this section and  sections  sixty-four,  sixty-four-a,
   13  sixty-four-b  [and/or],  sixty-four-d, AND SIXTY-FOUR-E of this article,
   14  at which a license under this chapter has been in existence continuously
   15  on or prior to November first, nineteen hundred ninety-three.
   16    (b) Within the context of this subdivision, the word "entrance"  shall
   17  mean a door of a school, of a house of worship, or premises licensed and
   18  operating   pursuant   to   this   section   and   sections  sixty-four,
   19  sixty-four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  of
   20  this article or of the premises sought to be licensed, regularly used to
   21  give  ingress to students of the school, to the general public attending
   22  the place of worship, and to patrons or guests of the premises  licensed
   23  and  operating  pursuant to this section and sections sixty-four, sixty-
   24  four-a, sixty-four-b [and/or], sixty-four-d, AND  SIXTY-FOUR-E  of  this
   25  article  or  of  the premises sought to be licensed, except that where a
   26  school or house of worship or premises licensed and  operating  pursuant
   27  to  this  section  and  sections  sixty-four, sixty-four-a, sixty-four-b
   28  [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this article is set  back
   29  from  a  public  thoroughfare, the walkway or stairs leading to any such
   30  door shall be deemed an entrance; and the measurement shall be taken  to
   31  the  center  of  the  walkway  or stairs at the point where it meets the
   32  building line or public thoroughfare. A door which has no exterior hard-
   33  ware, or which is used solely as an emergency or fire exit, or for main-
   34  tenance purposes, or which leads directly to a part of  a  building  not
   35  regularly  used  by  the  general  public  or  patrons, is not deemed an
   36  "entrance".
   37    (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
   38  (a)  of  this subdivision, the authority may issue a license pursuant to
   39  this section for a premises which shall be within five hundred  feet  of
   40  three  or more existing premises licensed and operating pursuant to this
   41  section and sections sixty-four,  sixty-four-a,  sixty-four-b  [and/or],
   42  sixty-four-d, AND/OR SIXTY-FOUR-E of this article if, after consultation
   43  with  the  municipality  or community board, it determines that granting
   44  such license would be in the public interest. Before it  may  issue  any
   45  such  license, the authority shall conduct a hearing, upon notice to the
   46  applicant and the municipality or community board, and shall  state  and
   47  file in its office its reasons therefor. The hearing may be rescheduled,
   48  adjourned  or  continued,  and  the  authority  shall give notice to the
   49  applicant and the municipality or community board of any  such  resched-
   50  uled,  adjourned  or  continued hearing. Before the authority issues any
   51  said license, the authority or one or more of the commissioners  thereof
   52  may, in addition to the hearing required by this paragraph, also conduct
   53  a  public  meeting  regarding said license, upon notice to the applicant
   54  and the municipality or community  board.  The  public  meeting  may  be
   55  rescheduled, adjourned or continued, and the authority shall give notice
   56  to  the  applicant  and  the municipality or community board of any such
       A. 1380--A                         14
    1  rescheduled, adjourned or continued public meeting. Notice to the  muni-
    2  cipality  or  community  board  shall  mean written notice mailed by the
    3  authority to such municipality or community board at least fifteen  days
    4  in advance of any hearing scheduled pursuant to this paragraph. Upon the
    5  request  of the authority, any municipality or community board may waive
    6  the fifteen day notice requirement. No premises having  been  granted  a
    7  license  pursuant  to  this  section  shall  be denied a renewal of such
    8  license upon the grounds that such premises are within five hundred feet
    9  of a building or buildings wherein three or more premises are  operating
   10  and  licensed  pursuant  to  this section or sections sixty-four, sixty-
   11  four-a, sixty-four-b [and/or], sixty-four-d, AND/OR SIXTY-FOUR-E of this
   12  article.
   13    S 16. Subdivision 8 of section 64-d of the alcoholic beverage  control
   14  law,  as amended by chapter 463 of the laws of 2009 and paragraph (e) as
   15  amended by chapter 185 of the laws  of  2012,  is  amended  to  read  as
   16  follows:
   17    8.  No  cabaret  license shall be granted for any premises which shall
   18  be:
   19    (a) on the same street or avenue and within  two  hundred  feet  of  a
   20  building  occupied  exclusively  as a school, church, synagogue or other
   21  place of worship or
   22    (b) in a city, town or village having a population of twenty  thousand
   23  or  more  within  five hundred feet of an existing premises licensed and
   24  operating pursuant to the provisions of this  section,  or  within  five
   25  hundred  feet  of three or more existing premises licensed and operating
   26  pursuant to this section and sections sixty-four,  sixty-four-a,  sixty-
   27  four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this article.
   28    (c) the measurements in paragraphs (a) and (b) of this subdivision are
   29  to be taken in straight lines from the center of the nearest entrance of
   30  the premises sought to be licensed to the center of the nearest entrance
   31  of  such  school,  church, synagogue or other place of worship or to the
   32  center of the nearest entrance of each such premises licensed and  oper-
   33  ating  pursuant  to  this section and sections sixty-four, sixty-four-a,
   34  sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this article;
   35  except that no license shall be  denied  to  any  premises  at  which  a
   36  license  under  this  chapter  has been in existence continuously from a
   37  date prior to the date when a building on the same street or avenue  and
   38  within  two  hundred feet of said premises has been occupied exclusively
   39  as a school, church, synagogue or other place  of  worship;  and  except
   40  that  no  license  shall be denied to any premises, which is within five
   41  hundred feet of an existing premises licensed and operating pursuant  to
   42  the  provisions  of this section or which is within five hundred feet of
   43  three or more existing premises licensed and operating pursuant to  this
   44  section  and  sections  sixty-four, sixty-four-a, sixty-four-b, [and/or]
   45  sixty-four-c AND/OR SIXTY-FOUR-E of this article,  at  which  a  license
   46  under  this  chapter  has  been in existence continuously on or prior to
   47  November first, nineteen hundred ninety-three. The liquor authority,  in
   48  its  discretion, may authorize the removal of any such licensed premises
   49  to a different location on the same street or avenue, within two hundred
   50  feet of said school,  church,  synagogue  or  other  place  of  worship,
   51  provided  that such new location is not within a closer distance to such
   52  school, church, synagogue or other place of worship.
   53    (d) within the context of this subdivision, the word "entrance"  shall
   54  mean  a door of a school, of a house of worship, or of premises licensed
   55  and operating pursuant to this section and sections  sixty-four,  sixty-
   56  four-a,  sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of this
       A. 1380--A                         15
    1  article or of the premises sought to be licensed, regularly used to give
    2  ingress to students of the school, to the general public  attending  the
    3  place  of worship, and to patrons or guests of the premises licensed and
    4  operating   pursuant   to   this   section   and   sections  sixty-four,
    5  sixty-four-a, sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of
    6  this article or of the premises sought to be licensed, except that where
    7  a school or house of worship or premises licensed and operating pursuant
    8  to this section and  sections  sixty-four,  sixty-four-a,  sixty-four-b,
    9  [and/or]  sixty-four-c  AND/OR SIXTY-FOUR-E of this article or the prem-
   10  ises sought to be licensed is set back from a public  thoroughfare,  the
   11  walkway  or stairs leading to any such door shall be deemed an entrance;
   12  and the measurement shall be taken to  the  center  of  the  walkway  or
   13  stairs at the point where it meets the building line or public thorough-
   14  fare.  A door which has no exterior hardware, or which is used solely as
   15  an emergency or fire exit, or for maintenance purposes, or  which  leads
   16  directly  to  a  part  of  a  building not regularly used by the general
   17  public or patrons, is not deemed an "entrance".
   18    (e) notwithstanding the provisions of paragraph (b) of  this  subdivi-
   19  sion,  the  authority may issue a license pursuant to this section for a
   20  premises which shall be within five hundred feet of an existing premises
   21  licensed and operating pursuant to the provisions  of  this  section  or
   22  within five hundred feet of three or more existing premises licensed and
   23  operating   pursuant   to   this   section   and   sections  sixty-four,
   24  sixty-four-a, sixty-four-b, [and/or] sixty-four-c AND/OR SIXTY-FOUR-E of
   25  this article if, after consultation with the municipality  or  community
   26  board,  it  determines that granting such license would be in the public
   27  interest.  Before it may issue any such  license,  the  authority  shall
   28  conduct  a hearing, upon notice to the applicant and the municipality or
   29  community board, and shall state and file  in  its  office  its  reasons
   30  therefor.  The  hearing  may be rescheduled, adjourned or continued, and
   31  the authority shall give notice to the applicant and the municipality or
   32  community board of any such rescheduled, adjourned or continued hearing.
   33  Before the authority issues any said license, the authority  or  one  or
   34  more  of  the  commissioners  thereof  may,  in  addition to the hearing
   35  required by this paragraph, also conduct a public meeting regarding said
   36  license, upon notice to the applicant and the municipality or  community
   37  board.    The public meeting may be rescheduled, adjourned or continued,
   38  and the authority shall give notice to the  applicant  and  the  munici-
   39  pality  or community board of any such rescheduled, adjourned or contin-
   40  ued public meeting. Notice to the municipality or community board  shall
   41  mean  written  notice  mailed  by  the authority to such municipality or
   42  community board at least fifteen days in advance of any  hearing  sched-
   43  uled  pursuant to this paragraph. Upon the request of the authority, any
   44  municipality or  community  board  may  waive  the  fifteen  day  notice
   45  requirement.  No premises having been granted a license pursuant to this
   46  section shall be denied a renewal of such license upon the grounds  that
   47  such  premises  are  within  five  hundred  feet of an existing premises
   48  licensed and operating pursuant to the provisions  of  this  section  or
   49  within  five  hundred  feet  of a building or buildings wherein three or
   50  more premises are licensed and operating pursuant to  this  section  and
   51  sections  sixty-four,  sixty-four-a, sixty-four-b, [and/or] sixty-four-c
   52  AND/OR SIXTY-FOUR-E of this article.
   53    (f) Within the context of this subdivision, a building occupied  as  a
   54  place  of worship does not cease to be "exclusively" occupied as a place
   55  of worship by incidental uses that are not of a nature to  detract  from
   56  the  predominant  character  of the building as a place of worship, such
       A. 1380--A                         16
    1  uses which include, but which are not limited to: the conduct of legally
    2  authorized games of bingo or other games of chance held as  a  means  of
    3  raising  funds  for  the  not-for-profit  religious  organization  which
    4  conducts  services  at  the place of worship or for other not-for-profit
    5  organizations or groups; use of the building for  fund-raising  perform-
    6  ances  by or benefitting the not-for-profit religious organization which
    7  conducts services at the place of worship or other not-for-profit organ-
    8  izations or groups; the use of the building by other religious organiza-
    9  tions or groups for religious services or other purposes; the conduct of
   10  social activities by or for the benefit of the congregants; the  use  of
   11  the  building  for  meetings  held  by organizations or groups providing
   12  bereavement counseling to persons having suffered the loss  of  a  loved
   13  one,  or  providing advice or support for conditions or diseases includ-
   14  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
   15  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
   16  building for blood drives, health screenings, health  information  meet-
   17  ings,  yoga  classes,  exercise  classes or other activities intended to
   18  promote the health of the congregants or other persons; and use  of  the
   19  building  by  non-congregant members of the community for private social
   20  functions. The building occupied as a place of worship does not cease to
   21  be "exclusively" occupied as a place of worship where the not-for-profit
   22  religious organization  occupying  the  place  of  worship  accepts  the
   23  payment  of  funds to defray costs related to another party's use of the
   24  building.
   25    S 17. Subdivision 4 of section 66 of the  alcoholic  beverage  control
   26  law,  as  amended  by  section  3 of part Z of chapter 85 of the laws of
   27  2002, is amended to read as follows:
   28    4. The annual fee  for  a  license,  under  section  sixty-four  [or],
   29  sixty-four-a[,]  OR SIXTY-FOUR-E to sell liquor at retail to be consumed
   30  on the premises where  sold  shall  be  twenty-one  hundred  seventy-six
   31  dollars  in  the  counties of New York, Kings, Bronx and Queens; fifteen
   32  hundred thirty-six dollars in the  county  of  Richmond  and  in  cities
   33  having  a population of more than one hundred thousand and less than one
   34  million; twelve hundred sixteen dollars in cities having a population of
   35  more than fifty thousand and less than one hundred thousand; and the sum
   36  of eight hundred ninety-six dollars elsewhere; except that  the  license
   37  fees  for  catering  establishments  shall be two-thirds the license fee
   38  specified herein and for clubs, except luncheon clubs  and  golf  clubs,
   39  shall  be  seven  hundred  fifty dollars in counties of New York, Kings,
   40  Bronx and Queens; five hundred dollars in the county of Richmond and  in
   41  cities  having  a  population of more than one hundred thousand and less
   42  than one million; three hundred fifty dollars in cities having  a  popu-
   43  lation  of  more than fifty thousand and less than one hundred thousand;
   44  and the sum of two hundred fifty dollars elsewhere. The annual fees  for
   45  luncheon clubs shall be three hundred seventy-five dollars, and for golf
   46  clubs  in  the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
   47  mond and Westchester, two  hundred  fifty  dollars,  and  elsewhere  one
   48  hundred eighty-seven dollars and fifty cents.  Notwithstanding any other
   49  provision  of  law  to  the contrary, there shall be no annual fee for a
   50  license, under section sixty-four,  to  sell  liquor  at  retail  to  be
   51  consumed  on  the premises where the applicant is an organization organ-
   52  ized under section two hundred sixty of the military  law  and  incorpo-
   53  rated  pursuant to the not-for-profit corporation law.  Provided, howev-
   54  er, that where any premises for which a license is  issued  pursuant  to
   55  section  sixty-four  [or],  sixty-four-a OR SIXTY-FOUR-E of this article
   56  remain open only within the period commencing  April  first  and  ending
       A. 1380--A                         17
    1  October thirty-first of any one year, or only within the period commenc-
    2  ing  October  first and ending the following April thirtieth, the liquor
    3  authority may, in its discretion,  grant  a  summer  or  winter  license
    4  effective  only for such appropriate period of time, for which a license
    5  fee shall be paid to be pro-rated for the period for which such  license
    6  is  effective,  at the rate provided for in the city, town or village in
    7  which such premises are located, except that no such license  fee  shall
    8  be  less  than  one-half  of  the  regular  annual license fee; provided
    9  further that where the premises to be licensed are a  race  track  or  a
   10  golf  course or are licensed pursuant to section sixty-four [or], sixty-
   11  four-a, OR SIXTY-FOUR-E of this  chapter,  the  period  of  such  summer
   12  license may commence March first and end November thirtieth.
   13    Where  a  hotel,  restaurant,  club, golf course or race track is open
   14  prior to April first and/or subsequent to October thirty-first by reason
   15  of the issuance of a caterer's permit or permits issued by the  authori-
   16  ty,  such fact alone shall not affect the eligibility of the premises or
   17  the person owning or operating such hotel, restaurant, club, golf course
   18  or race track for a summer license.
   19    S 18. Paragraph a of subdivision 4 of section 81-a  of  the  alcoholic
   20  beverage  control  law,  as added by chapter 666 of the laws of 1987, is
   21  amended to read as follows:
   22    a. No such license shall be issued to  any  person  for  any  premises
   23  other  than  premises  for  which  a license may be issued under section
   24  sixty-four OR SIXTY-FOUR-E of this chapter or a hotel or premises  which
   25  are kept, used, maintained, advertised or held out to the public to be a
   26  place  where food is prepared and served for consumption on the premises
   27  in such quantities as to satisfy the liquor authority that the  sale  of
   28  wine  intended is incidental to and not the prime source of revenue from
   29  the operation of such premises. Such license may also include such suit-
   30  able space outside the licensed premises and  adjoining  it  as  may  be
   31  approved by the liquor authority.
   32    S  19.  Subdivision 7 of section 100 of the alcoholic beverage control
   33  law, as added by chapter 256 of the laws of 1978, is amended to read  as
   34  follows:
   35    7.  Within  ten  days after filing a new application to sell liquor at
   36  retail under section sixty-three, sixty-four, sixty-four-a [or],  sixty-
   37  four-b  OR  SIXTY-FOUR-E  of this chapter, a notice thereof, in the form
   38  prescribed by the authority, shall be  posted  by  the  applicant  in  a
   39  conspicuous  place  at the entrance to the proposed premises. The appli-
   40  cant shall make reasonable efforts to insure such  notice  shall  remain
   41  posted throughout the pendency of the application. The provisions hereof
   42  shall  apply  only  where  no  retail liquor license has previously been
   43  granted for the proposed premise and shall, specifically, not be  appli-
   44  cable  to  a proposed sale of an existing business engaged in the retail
   45  sale of liquor. The authority may adopt such rules it may deem necessary
   46  to carry out the purpose of this subdivision.
   47    S 20. The closing paragraph of subdivision 2 of  section  102  of  the
   48  alcoholic  beverage  control  law,  as  added by section 1 of part OO of
   49  chapter 56 of the laws of 2010, is amended to read as follows:
   50    As used in this subdivision, "recreational facility" shall  mean:  (i)
   51  premises  that  are  part  of a facility the principal business of which
   52  shall be the providing of recreation in the form of golf, tennis,  swim-
   53  ming,  skiing or boating; and (ii) premises in which the principal busi-
   54  ness shall be the  operation  of  a  theatre,  MOTION  PICTURE  THEATRE,
   55  concert  hall,  opera house, bowling establishment, excursion and sight-
   56  seeing vessel, or accommodation of  athletic  events,  sporting  events,
       A. 1380--A                         18
    1  expositions and other similar events or occasions requiring the accommo-
    2  dation of large gatherings of persons.
    3    S 21. Subdivision 1 of section 110-a of the alcoholic beverage control
    4  law,  as  added by chapter 77 of the laws of 1999, is amended to read as
    5  follows:
    6    1. Every person applying for a license  to  sell  alcoholic  beverages
    7  pursuant  to  subdivision  four  of section fifty-one, or section fifty-
    8  five, sixty-four, sixty-four-a, sixty-four-c,  SIXTY-FOUR-E,  eighty-one
    9  or eighty-one-a of this chapter shall publish notice thereof pursuant to
   10  subdivision two of this section.
   11    S 22. Subdivision 1 of section 110-b of the alcoholic beverage control
   12  law,  as  amended by chapter 560 of the laws of 2011, is amended to read
   13  as follows:
   14    1. Not less than thirty days before filing any of the following appli-
   15  cations, an applicant shall notify the municipality in which  the  prem-
   16  ises is located of such applicant's intent to file such an application:
   17    (a) for a license issued pursuant to section fifty-five, fifty-five-a,
   18  sixty-four,   sixty-four-a,  sixty-four-b,  sixty-four-c,  sixty-four-d,
   19  SIXTY-FOUR-E, eighty-one or eighty-one-a of this chapter;
   20    (b) for a renewal under section one hundred nine of this chapter of  a
   21  license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
   22  sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E, eighty-one or
   23  eighty-one-a of this chapter if the premises is located within the  city
   24  of New York;
   25    (c)  for approval of an alteration under section ninety-nine-d of this
   26  chapter if the premises is located within  the  city  of  New  York  and
   27  licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
   28  sixty-four-a, sixty-four-c, sixty-four-d,  SIXTY-FOUR-E,  eighty-one  or
   29  eighty-one-a of this chapter; or
   30    (d) for approval of a substantial corporate change under section nine-
   31  ty-nine-d  of this chapter if the premises is located within the city of
   32  New York and licensed  pursuant  to  section  fifty-five,  fifty-five-a,
   33  sixty-four,   sixty-four-a,  sixty-four-c,  sixty-four-d,  SIXTY-FOUR-E,
   34  eighty-one or eighty-one-a of this chapter.
   35    S 23. Section 67 of the alcoholic beverage control law, as amended  by
   36  section  4  of  part  Z of chapter 85 of the laws of 2002, is amended to
   37  read as follows:
   38    S 67. License fees, duration  of  licenses;  fee  for  part  of  year.
   39  Effective  April  first,  nineteen hundred eighty-three, licenses issued
   40  pursuant to  sections  sixty-one,  sixty-two,  sixty-three,  sixty-four,
   41  sixty-four-a  [and], sixty-four-b AND SIXTY-FOUR-E of this article shall
   42  be effective for three years at three  times  that  annual  fee,  except
   43  that, in implementing the purposes of this section, the liquor authority
   44  shall  schedule  the  commencement  dates, duration and expiration dates
   45  thereof to provide for an equal cycle of license renewals  issued  under
   46  each  such  section  through  the  course  of the fiscal year. Effective
   47  December first, nineteen hundred ninety-eight, licenses issued  pursuant
   48  to   sections   sixty-four,   sixty-four-a   [and],   sixty-four-b   AND
   49  SIXTY-FOUR-E of this article shall be effective for  two  years  at  two
   50  times that annual fee, except that, in implementing the purposes of this
   51  section,  the  liquor  authority  shall schedule the commencement dates,
   52  duration and expiration dates thereof to provide for an equal  cycle  of
   53  license  renewals  issued  under each such section through the course of
   54  the fiscal year. Notwithstanding the foregoing, commencing  on  December
   55  first,  nineteen  hundred  ninety-eight  and  concluding on July thirty-
   56  first, two thousand two, a licensee issued a license pursuant to section
       A. 1380--A                         19
    1  sixty-four, sixty-four-a [or],  sixty-four-b  OR  SIXTY-FOUR-E  of  this
    2  article  may  elect  to  remit  the fee for such license in equal annual
    3  installments. Such installments shall be due on dates established by the
    4  liquor  authority  and  the  failure of a licensee to have remitted such
    5  annual installments after a due date shall be a violation of this  chap-
    6  ter.  For licenses issued for less than the three-year licensing period,
    7  the license fee shall be levied on a pro-rated basis. The entire license
    8  fee shall be due and payable at the  time  of  application.  The  liquor
    9  authority  may  make such rules as shall be appropriate to carry out the
   10  purpose of this section.
   11    S 24. This act shall take effect immediately, provided, however,  that
   12  the  amendments to subdivision 3 of section 17 of the alcoholic beverage
   13  control law made by section three of this act shall not affect the expi-
   14  ration of such subdivision and shall be deemed to expire therewith.