Relates to extending the two hundred foot rule to certain treatment facilities for mental illness and chemical dependence operating under the mental hygiene law.
Summary
This bill amends multiple provisions of New York’s Alcoholic Beverage Control Law to extend the state’s “two hundred foot rule” to certain treatment facilities operated under the Mental Hygiene Law. Under current law, liquor licenses are generally restricted when the proposed premises is within 200 feet of a school, church, synagogue, or other place of worship. The bill adds treatment facilities for individuals with mental illness or chemical dependence to that protected category across several license types, including on-premises retail licenses, club licenses, and off-premises retail liquor and wine licenses.
The bill also updates the statutory definition of “entrance” so that measurements are taken from doors or access points used by patients and visitors of these treatment facilities, similar to the existing rules for schools and houses of worship. It preserves existing exceptions, including grandfathering for certain long-standing licensed premises and discretionary authority for the Liquor Authority to approve relocations in some circumstances. The act would take effect 90 days after becoming law.
Impact
The bill would change the Alcoholic Beverage Control Law by expanding location-based licensing restrictions to include mental health and substance use treatment facilities operating under the Mental Hygiene Law. As a result, the State Liquor Authority would have to treat these facilities like schools and houses of worship when evaluating whether a proposed liquor license is too close to a protected site, and applicants near such facilities could be denied licenses or face relocation limits unless an exception applies. The practical effect would be to create a new buffer zone around certain treatment centers and potentially affect bars, restaurants, clubs, hotels, and retail alcohol sellers seeking licenses near those facilities.
Sentiment
No committee transcript or vote record is provided, so there is no documented debate or recorded support/opposition in the materials supplied. Based on the bill text and caption, the measure appears to be framed as a protective public-safety and public-health amendment, with an emphasis on shielding treatment facilities from nearby alcohol outlets. The absence of recorded votes or discussion means the overall legislative sentiment cannot be measured from the available context.
Contention
The main point of contention likely concerns whether treatment facilities should receive the same proximity protections as schools and houses of worship under New York’s liquor licensing rules. Supporters would likely argue that patients in mental health and chemical dependence treatment settings deserve added protection from alcohol-related businesses nearby, while opponents could argue that the expansion would unnecessarily restrict commercial development and liquor licensing opportunities in affected neighborhoods. Another possible issue is the scope of the protected facilities, since the bill applies to facilities operated pursuant to the Mental Hygiene Law rather than all health-related or social service locations.
Relates to extending the two hundred foot rule to certain treatment facilities for mental illness and chemical dependence operating under the mental hygiene law.
Relating to notice of rights provided to a patient receiving certain mental health, chemical dependency, or rehabilitation treatment or services at certain facilities.
Authorizes the performance of certain dental hygiene services at voluntary foster care agency health facilities by a registered hygienist operating pursuant to a collaborative agreement between such hygienist and a dentist.
Authorizes the performance of certain dental hygiene services at voluntary foster care agency health facilities by a registered hygienist operating pursuant to a collaborative agreement between such hygienist and a dentist.