N.Y. Alcoholic Beverage Control Law § 64-d: License to sell liquor on premises commonly known as a cabaret

§ 64-d. License to sell liquor on premises commonly known as a

cabaret. 1. Any person may make an application to the state liquor

authority to operate a cabaret.

2. Such application shall be in such form and shall contain such

information as shall be required by the liquor authority and shall be

accompanied by a check or draft in the amount required by this article

for such license.

4. Section fifty-four of this chapter shall control so far as

applicable the procedure in connection with such application.

5. Such cabaret license shall in form and in substance be a license to

the person specifically licensed to operate a cabaret and sell liquor at

retail to be consumed on the premises specifically licensed. Such

license shall also be deemed to include a license to sell wine and beer

at retail to be consumed under the same terms and conditions, without

the payment of any additional fee.

6. A license under this section shall be required of any licensee upon

whose premises musical entertainment, singing, dancing or other forms of

entertainment is permitted; provided, however, that this section shall

only apply to licensees whose premises have a capacity for the

assemblage of six hundred or more persons. Nothing contained in this

subdivision shall be construed as requiring a license under this section

by an establishment licensed under section sixty-four or paragraph (b)

of subdivision six of section sixty-four-a of this article.

7. The authority shall consider all of the following in determining

whether public convenience and advantage and the public interest will be

promoted by the granting of a license pursuant to this section:

(a) the number, classes and character of licenses in proximity to the

location and in the particular municipality or subdivision thereof;

(b) evidence that applicants have secured all necessary licenses and

permits from the state and all other governing bodies;

(c) the effect that the granting of the license will have on vehicular

traffic and parking in the proximity of the location;

(d) the existing noise level at the location and any increase in noise

level that would be generated by the proposed premises;

(e) the history of liquor violations and reported criminal activity at

the proposed premises; and

(f) any other factors specified by law or regulation that are relevant

to determine the public convenience or advantage and necessary to find

that the granting of such license shall be in the public interest.

8. No cabaret license shall be granted for any premises which shall

be:

(a) on the same street or avenue and within two hundred feet of a

building occupied exclusively as a school, church, synagogue or other

place of worship or

(b) in a city, town or village having a population of twenty thousand

or more within five hundred feet of an existing premises licensed and

operating pursuant to the provisions of this section, or within five

hundred feet of three or more existing premises licensed and operating

pursuant to this section and sections sixty-four, sixty-four-a,

sixty-four-b, and/or sixty-four-c of this article.

(c) the measurements in paragraphs (a) and (b) of this subdivision are

to be taken in straight lines from the center of the nearest entrance of

the premises sought to be licensed to the center of the nearest entrance

of such school, church, synagogue or other place of worship or to the

center of the nearest entrance of each such premises licensed and

operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b, and/or sixty-four-c of this article; except

that no license shall be denied to any premises at which a license under

this chapter has been in existence continuously from a date prior to the

date when a building on the same street or avenue and within two hundred

feet of said premises has been occupied exclusively as a school, church,

synagogue or other place of worship; and except that no license shall be

denied to any premises, which is within five hundred feet of an existing

premises licensed and operating pursuant to the provisions of this

section or which is within five hundred feet of three or more existing

premises licensed and operating pursuant to this section and sections

sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this

article, at which a license under this chapter has been in existence

continuously on or prior to November first, nineteen hundred

ninety-three. The liquor authority, in its discretion, may authorize the

removal of any such licensed premises to a different location on the

same street or avenue, within two hundred feet of said school, church,

synagogue or other place of worship, provided that such new location is

not within a closer distance to such school, church, synagogue or other

place of worship.

(d) within the context of this subdivision, the word "entrance" shall

mean a door of a school, of a house of worship, or of premises licensed

and operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b, and/or sixty-four-c of this article or of

the premises sought to be licensed, regularly used to give ingress to

students of the school, to the general public attending the place of

worship, and to patrons or guests of the premises licensed and operating

pursuant to this section and sections sixty-four, sixty-four-a,

sixty-four-b, and/or sixty-four-c of this article or of the premises

sought to be licensed, except that where a school or house of worship or

premises licensed and operating pursuant to this section and sections

sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this

article or the premises sought to be licensed is set back from a public

thoroughfare, the walkway or stairs leading to any such door shall be

deemed an entrance; and the measurement shall be taken to the center of

the walkway or stairs at the point where it meets the building line or

public thoroughfare. A door which has no exterior hardware, or which is

used solely as an emergency or fire exit, or for maintenance purposes,

or which leads directly to a part of a building not regularly used by

the general public or patrons, is not deemed an "entrance".

(e) notwithstanding the provisions of paragraph (b) of this

subdivision, the authority may issue a license pursuant to this section

for a premises which shall be within five hundred feet of an existing

premises licensed and operating pursuant to the provisions of this

section or within five hundred feet of three or more existing premises

licensed and operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,

after consultation with the municipality or community board, it

determines that granting such license would be in the public interest.

Before it may issue any such license, the authority shall conduct a

hearing, upon notice to the applicant and the municipality or community

board, and shall state and file in its office its reasons therefor. The

hearing may be rescheduled, adjourned or continued, and the authority

shall give notice to the applicant and the municipality or community

board of any such rescheduled, adjourned or continued hearing. Before

the authority issues any said license, the authority or one or more of

the commissioners thereof may, in addition to the hearing required by

this paragraph, also conduct a public meeting regarding said license,

upon notice to the applicant and the municipality or community board.

The public meeting may be rescheduled, adjourned or continued, and the

authority shall give notice to the applicant and the municipality or

community board of any such rescheduled, adjourned or continued public

meeting. Notice to the municipality or community board shall mean

written notice mailed by the authority to such municipality or community

board at least fifteen days in advance of any hearing scheduled pursuant

to this paragraph. Upon the request of the authority, any municipality

or community board may waive the fifteen day notice requirement. No

premises having been granted a license pursuant to this section shall be

denied a renewal of such license upon the grounds that such premises are

within five hundred feet of an existing premises licensed and operating

pursuant to the provisions of this section or within five hundred feet

of a building or buildings wherein three or more premises are licensed

and operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.

(f) Within the context of this subdivision, a building occupied as a

place of worship does not cease to be "exclusively" occupied as a place

of worship by incidental uses that are not of a nature to detract from

the predominant character of the building as a place of worship, such

uses which include, but which are not limited to: the conduct of legally

authorized games of bingo or other games of chance held as a means of

raising funds for the not-for-profit religious organization which

conducts services at the place of worship or for other not-for-profit

organizations or groups; use of the building for fund-raising

performances by or benefitting the not-for-profit religious organization

which conducts services at the place of worship or other not-for-profit

organizations or groups; the use of the building by other religious

organizations or groups for religious services or other purposes; the

conduct of social activities by or for the benefit of the congregants;

the use of the building for meetings held by organizations or groups

providing bereavement counseling to persons having suffered the loss of

a loved one, or providing advice or support for conditions or diseases

including, but not limited to, alcoholism, drug addiction, cancer,

cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of

the building for blood drives, health screenings, health information

meetings, yoga classes, exercise classes or other activities intended to

promote the health of the congregants or other persons; and use of the

building by non-congregant members of the community for private social

functions. The building occupied as a place of worship does not cease to

be "exclusively" occupied as a place of worship where the not-for-profit

religious organization occupying the place of worship accepts the

payment of funds to defray costs related to another party's use of the

building.

9. On or within ninety days of the effective date of this section, any

person who holds a license under section sixty-four of this article to

sell beer, wine and liquor at retail for consumption on the premises and

who operates pursuant to the provisions of subdivision six of this

section shall file an application with the liquor authority to convert

such license into a license under this section. Such an application

shall be granted by the authority except for good cause shown. The

granting of such an application shall constitute conversion of said

license into a cabaret license subject to the provisions of this chapter

applicable to cabaret licenses issued under this section; provided,

however, that no licensee applying for such conversion shall be denied

on the grounds that such application fails to meet the requirements of

subdivision eight of this section.

10. All other provisions of this chapter relative to licenses to sell

liquor at retail for consumption on the premises shall apply as far as

applicable.