N.Y. Alcoholic Beverage Control Law § 64-f: License to sell liquor on premises commonly known as a for-profit club

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

for-profit club. 1. Any person may make an application to the state

liquor authority to operate a "for-profit club" which is operated solely

for a recreational, social, patriotic, political, benevolent, communal

workspace, corporate dining space, or athletic purpose.

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. The fee for such license shall be twenty thousand

dollars annually.

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

applicable the procedure in connection with such application. For-profit

clubs that apply for a license pursuant to this section are also

authorized to apply for a temporary retail permit as provided for in

section ninety-seven-a of this chapter.

4. Such for-profit club license shall in form and in substance be a

license to the person specifically licensed to operate a for-profit club

and sell liquor at retail exclusively to members in good standing and

their guests under the by-laws of the for-profit club to be consumed on

the premises specifically licensed. Such license shall also be deemed to

include a license to sell liquor, wine, beer, cider, mead and/or braggot

at retail exclusively to members in good standing and their guests under

the by-laws of the for-profit club to be consumed on the premises under

the same terms and conditions, without the payment of any additional

fee.

5. (a) A license under this section shall be required of any person,

corporation, partnership, company, or any other for-profit entity which

is the owner, lessee or occupant of a premises used exclusively for the

for-profit club purposes, and which is operated solely for a

recreational, social, patriotic, political, benevolent, communal

workspace, corporate dining space, or athletic purpose. A "member" of a

for-profit club shall mean a person who whether a charter member or

admitted in agreement with the by-laws of the for-profit club, has

become a bona fide member thereof, who maintains membership by the

payment of annual dues in a bona fide manner in accordance with the

by-laws of the for-profit club and whose name and address is entered on

the list of members of the for-profit club. A for-profit club must have

one hundred or more members.

(b) For the purpose of a for-profit club license issued pursuant to

this section solely for use as corporate dining space for their

employees and clients shall:

(i) include only such space directly used for corporate dining

purposes where food and beverages are regularly available to employees,

clients, and guests;

(ii) authorize that licensees do not have to meet member requirements;

(iii) authorize contracts with a third party licensed by the authority

to provide food and beverages so long as any third party contract is

disclosed to the authority; and

(iv) be responsible for maintaining records, filing all necessary

applications, and providing other such documentation required or deemed

necessary to be submitted to the authority.

6. 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;

(f) any purpose or intention of discrimination by the applicant or any

individual, corporation, partnership, company, or any other for-profit

entity which is the owner, lessee or occupant of the premises to be

licensed as a for-profit club premises; and

(g) 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.

7. No for-profit club 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, sixty-four-c, and/or sixty-four-d 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, sixty-four-c, and/or sixty-four-d 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,

sixty-four-c, and/or sixty-four-d 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, sixty-four-c, and/or sixty-four-d 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, sixty-four-c, and/or sixty-four-d 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,

sixty-four-c, and/or sixty-four-d 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, sixty-four-c, and/or sixty-four-d 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, sixty-four-c, and/or

sixty-four-d 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: (i) 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; (ii) 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;

(iii) 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 (iv) 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.

8. 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.

9. For purposes of this section, for-profit club licensees as

authorized herein shall be responsible for any violations of this

chapter or the rules of the authority occurring while the license is in

effect. Liability under the provisions of sections 11-100 and 11-101 of

the general obligations law shall accrue to the licensee.

10. All for-profit club licensees shall be subject to such rules and

regulations by the authority as is deemed necessary and are in

conformity with the provisions of this chapter.