Exempts certain property from the prohibition of alcohol sales within a certain distance from a church for a certain premises located in the county of Ontario.
Summary
A08199 creates a narrow, site-specific exception to New York’s Alcoholic Beverage Control Law for one identified premises in Ontario County, in the Village of Phelps, Town of Phelps. Under current law, retail on-premises liquor licenses generally cannot be issued for premises located within 200 feet of a building occupied exclusively as a school, church, synagogue, or other place of worship. This bill authorizes the State Liquor Authority to issue such a license for the described property even though it falls within that restricted distance.
The bill is highly localized and does not change the general 200-foot rule statewide. Instead, it carves out a special exemption for a single parcel of land described by metes and bounds, allowing a food or beverage retail establishment on that property to obtain an on-premises consumption license immediately upon enactment. The measure would therefore affect the licensing authority’s discretion only as to this specific location and would not broadly alter alcohol zoning or proximity restrictions for other properties.
Impact
The bill amends section 64 of the Alcoholic Beverage Control Law by adding a new paragraph that permits a retail on-premises consumption license for one specifically described premises in Ontario County despite its proximity to a church or other place of worship. Its practical effect is to override the usual statutory distance restriction for that parcel only, enabling the premises to operate with an alcohol license if all other licensing requirements are met. The affected parties are the property owner/operator of the identified site, the State Liquor Authority, and nearby religious institutions whose proximity would otherwise bar the license.
Sentiment
The available voting history suggests the bill was received favorably in committee, with strong support in both the Assembly Ways and Means Committee and the Assembly Rules Committee. The 29-3 vote in Ways and Means indicates some opposition or hesitation, but the subsequent unanimous Rules Committee vote points to broad acceptance of the measure as a local exception. No committee transcripts are available, so the record reflects procedural support more than detailed debate.
Contention
The main point of contention is the policy of granting a special exemption from alcohol proximity restrictions for a single parcel near a church or other place of worship. Supporters likely view the bill as a targeted local accommodation for a specific business location, while opponents may object to weakening a long-standing protection intended to buffer houses of worship and schools from nearby alcohol sales. Because the bill is narrowly tailored to one property in Ontario County, the dispute is less about statewide policy change and more about whether a one-off exception is appropriate.
Same As
Exempts certain property from the prohibition of alcohol sales within a certain distance from a church for a certain premises located in the county of Ontario.