N.Y. Alco. Bev. Cont. Law § 64

§ 64. License to sell liquor at retail for consumption on the\npremises. 1. Notwithstanding the provisions of subdivision two of\nsection seventeen of this chapter, any person may make an application to\nthe appropriate board for a license to sell liquor at retail to be\nconsumed on the premises where sold, and such licenses shall be issued\nto all applicants except for good cause shown.\n 2. Such application shall be in such form and shall contain such\ninformation as shall be required by the rules of the liquor authority\nand shall be accompanied by a check or draft in the amount required by\nthis article for such license.\n 3. Section fifty-four shall control so far as applicable the procedure\nin connection with such application.\n 4. Such license shall in form and in substance be a license to the\nperson specifically licensed to sell liquors at retail, to be consumed\nupon the premises. Such license shall also be deemed to include a\nlicense to sell wine and beer at retail to be consumed under the same\nterms and conditions, without the payment of any additional fee.\n 5. No retail license under this section shall be granted except for\nsuch premises as are being conducted as a bona fide hotel provided that\na restaurant is operated in such premises, restaurant, catering\nestablishment, club, railroad car, vessel or aircraft being operated on\nregularly scheduled flights by a United States certificated airline.\n 5-a. Notwithstanding the provisions of subdivision five of this\nsection, a liquor license may be issued under this section to an\nestablishment designated and commonly known and operated as a "bed and\nbreakfast" regardless of whether or not a restaurant is operated in such\nestablishment, provided that such license shall only permit the sale of\nalcoholic beverages to overnight guests of such establishment.\n 6. Where an on-premise license shall be granted to the owner of a\nhotel situated in a town or village the liquor authority may in its\ndiscretion grant to such owner the right to sell liquor and wine for\noff-premise consumption under the same terms and conditions as apply to\noff-premise licenses upon the payment of an additional fee of sixty-two\ndollars and fifty cents; provided, however, that this permission shall\nnot be granted if an off-premise license has been granted for premises\nlocated within eight miles of such hotel.\n 6-a. The authority may consider any or all of the following in\ndetermining whether public convenience and advantage and the public\ninterest will be promoted by the granting of licenses and permits for\nthe sale of alcoholic beverages at a particular unlicensed location:\n (a) The number, classes and character of licenses in proximity to the\nlocation and in the particular municipality or subdivision thereof.\n (b) Evidence that all necessary licenses and permits have been\nobtained from the state and all other governing bodies.\n (c) Effect of the grant of the license on vehicular traffic and\nparking in proximity to the location.\n (d) The existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises.\n (e) The history of liquor violations and reported criminal activity at\nthe proposed premises.\n (f) Any other factors specified by law or regulation that are relevant\nto determine the public convenience and advantage and public interest of\nthe community.\n 7. No retail license for on-premises consumption shall be granted for\nany premises which shall be\n (a) on the same street or avenue and within two hundred feet of a\nbuilding occupied exclusively as a school, church, synagogue or other\nplace of worship or\n (b) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of three or more existing premises\nlicensed and operating pursuant to this section and sections\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle;\n (c) the measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school, church, synagogue or other place of worship or to the\ncenter of the nearest entrance of each such premises licensed and\noperating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,\nhowever, that no renewal license shall be denied because of such\nrestriction to any premises so located which were maintained as a bona\nfide hotel, restaurant, catering establishment or club on or prior to\nDecember fifth, nineteen hundred thirty-three; and, except that no\nlicense shall be denied to any premises at which a license under this\nchapter has been in existence continuously from a date prior to the date\nwhen a building on the same street or avenue and within two hundred feet\nof said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship; and except that no license shall be\ndenied to any premises, which is within five hundred feet of three or\nmore existing premises licensed and operating pursuant to this section\nand sections sixty-four-a, sixty-four-b, sixty-four-c, and/or\nsixty-four-d of this article, at which a license under this chapter has\nbeen in existence continuously on or prior to November first, nineteen\nhundred ninety-three; and except that this subdivision shall not be\ndeemed to restrict the issuance of a hotel liquor license to a building\nused as a hotel and in which a restaurant liquor license currently\nexists for premises which serve as a dining room for guests of the hotel\nand a caterer's license to a person using the permanent catering\nfacilities of a church, synagogue or other place of worship pursuant to\na written agreement between such person and the authorities in charge of\nsuch facilities. The liquor authority, in its discretion, may authorize\nthe removal of any such licensed premises to a different location on the\nsame street or avenue, within two hundred feet of said school, church,\nsynagogue or other place of worship, provided that such new location is\nnot within a closer distance to such school, church, synagogue or other\nplace of worship.\n (d) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or of premises licensed\nand operating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of\nthe premises sought to be licensed, regularly used to give ingress to\nstudents of the school, to the general public attending the place of\nworship, and to patrons or guests of the premises licensed and operating\npursuant to this section and sections sixty-four-a, sixty-four-b,\nsixty-four-c, and/or sixty-four-d of this article or of the premises\nsought to be licensed, except that where a school or house of worship or\npremises licensed and operating pursuant to this section and sections\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle or the premises sought to be licensed is set back from a public\nthoroughfare, the walkway or stairs leading to any such door shall be\ndeemed an entrance; and the measurement shall be taken to the center of\nthe walkway or stairs at the point where it meets the building line or\npublic thoroughfare. A door which has no exterior hardware, or which is\nused solely as an emergency or fire exit, or for maintenance purposes,\nor which leads directly to a part of a building not regularly used by\nthe general public or patrons, is not deemed an "entrance".\n (d-1) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious organization\nwhich conducts services at the place of worship or other not-for-profit\norganizations or groups; the use of the building by other religious\norganizations or groups for religious services or other purposes; the\nconduct of social activities by or for the benefit of the congregants;\nthe use of the building for meetings held by organizations or groups\nproviding bereavement counseling to persons having suffered the loss of\na loved one, or providing advice or support for conditions or diseases\nincluding, but not limited to, alcoholism, drug addiction, cancer,\ncerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of\nthe building for blood drives, health screenings, health information\nmeetings, yoga classes, exercise classes or other activities intended to\npromote the health of the congregants or other persons; and use of the\nbuilding by non-congregant members of the community for private social\nfunctions. The building occupied as a place of worship does not cease to\nbe "exclusively" occupied as a place of worship where the not-for-profit\nreligious organization occupying the place of worship accepts the\npayment of funds to defray costs related to another party's use of the\nbuilding.\n (e) Notwithstanding the provisions of this chapter to the contrary,\nthe authority may issue a license to sell liquor at retail to be\nconsumed on premises to a club as such term is defined in subdivision\nnine of section three of this chapter whether or not the building in\nwhich the premises for which such license is to be issued is used\nexclusively for club purposes and whether or not such premises is within\ntwo hundred feet of a building used exclusively as a school, church,\nsynagogue or place of worship if such club is affiliated or associated\nwith such school, church, synagogue or place of worship and the\ngoverning body of such school, church, synagogue or other place of\nworship has filed written notice with the authority that it has no\nobjection to the issuance of such license.\n (e-1) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a church, synagogue or other place of\nworship, provided such premises constitutes a premises for the sale of\nfood or beverages at retail for consumption on the premises and/or an\novernight lodging facility located wholly within the boundaries of the\nborough of Manhattan in the city and county of New York, bounded and\ndescribed as follows:\n BEGINNING at a point on the southerly side of 49th Street, distant 160\nfeet easterly from the corner formed by the intersection of the\nsoutherly side of 49th Street with the easterly side of 8th Avenue;\nrunning thence southerly, parallel with 8th Avenue and part of the\ndistance through a party wall, 100 feet 5 inches to the center line of\nthe block between 48th and 49th Streets; thence easterly along the\ncenter line of the block, 40 feet; thence northerly, parallel with 8th\nAvenue and part of the distance through a party wall, 100 feet 5 inches\nto the southerly side of 49th Street; thence westerly along the\nsoutherly side of 49th Street, 40 feet to the point or place of\nbeginning. Premises known as 240 and 242 West 49th Street, New York\nCity. Being the same premises described in deed made by Hotel Mayfair\nInc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50\nin liber 4657 Cp. 250.\n (e-2) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a church, synagogue or other place of\nworship, provided such premises constitutes a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Ulster, bounded and\ndescribed as follows:\n ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and\nimprovements erected thereon, situated in the Village of Ellenville,\nTown of Wawarsing, County of Ulster and State of New York, being further\nbounded and described as follows:\n Beginning at a three-quarter inch diameter iron rod found on the\nsouthwesterly bounds of Canal Street, marking the northeasterly corner\nof the lands, now or formerly, John Georges, as described in liber 2645\nof deeds at page 278.\n Thence along the southeasterly bounds of the lands of John Georges,\npassing 1.42 feet northwesterly from the southwesterly corner of the\nbuilding situated on the premises described herein, South thirty-nine\ndegrees, forty-one minutes, fifty-two seconds West, one hundred fifty\nand zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly\nbounds of the lands, now or formerly, Thomas Powers, as described in\nliber 1521 of deeds at page 749. Thence along the northeasterly bounds\nof the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,\nsixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16\nE, 28.00').\n Thence passing 1.92 feet southeasterly from the southeasterly corner\nof the building situated on the premises described herein. North\nthirty-nine degrees, forty-one minutes, fifty-two seconds East, one\nhundred fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the\nsouthwesterly bounds of Canal Street.\n Thence along the southwesterly bounds of Canal Street, North fifty\ndegrees, thirty-nine minutes, sixteen seconds West, twenty-eight and\nzero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.\n Containing 4,199.92 square feet of land or 0.0996 of an acre of land.\n Being the same premises as conveyed by deed dated September 2, 1999\nfrom Chris M. Camio as Executor of the Last Will and Testament of Alice\nManzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and\nAlfred S. Dannhauser and recorded in the Ulster County Clerk's Office on\nSeptember 15, 1999 in Liber 2966 at page 291.\n The undivided interests of John Harris and Alfred S. Dannhauser having\nbeen conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded\nin the Ulster County Clerk's Office in Liber 3213 p 65.\n (e-3) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a school, provided such premises\nconstitutes a premises for the sale of food or beverages at retail for\nconsumption on the premises and/or an overnight lodging facility located\nwholly within the boundaries of the borough of Manhattan in the city and\ncounty of New York, bounded and described as follows:\n Beginning at a point on the southerly side of 46th street, distant\nthree hundred fifty (350) feet westerly from the corner formed by the\nintersection of the westerly side of Sixth Avenue with the said\nsoutherly side of 46th street. Running thence southerly parallel with\nthe said westerly side of Sixth Avenue and for part of the distance\nthrough a party wall, one hundred (100) feet four (4) inches; thence\nwesterly parallel with the southerly side of 46th street, eighty (80)\nfeet; thence northerly again parallel with the westerly side of Sixth\nAvenue, one hundred (100) feet four (4) inches to the southerly side of\n46th street; and thence easterly along the said southerly side of 46th\nstreet, eighty (80) feet to the point or place of beginning. Premises\nknown as 130 West 46th Street, New York City. Being the same premises\ndescribed in deed made by Massachusetts Mutual Life Insurance Company to\nWest 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the\nOffice of the City Register, New York County, on February 6, 2007 as\nCFRN 2007000069808.\n (e-4) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for consumption on the premises\nlocated wholly within the boundaries of the county of Ulster, bounded\nand described as follows:\n THOSE THREE BUILDING LOTS situate on the northeasterly side of Union\nAvenue in the city of Kingston, between Thomas and Cornell Streets,\nknown and distinguished upon a map of the property of the estate of said\nThomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April\n11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and\nbounded and described as follows:\n BEGINNING at the west corner of lot seven which is also the corner of\nCornell Street, where it intersects with Union Avenue, and runs from\nthence in the southerly bounds of Cornell Street, N. 48 degrees 10' east\nthe distance of one hundred and thirty-eight (138) feet, to the south\nbounds of lot (8) eight as laid down upon said map, thence along in the\nsouth bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear\nof lots seven, six and five (7, 6 & 5) as aforesaid the distance of\nseventy-two (72) feet to a lot of land owned by Max Oppenheimer and\nknown on said map as lot four (4); thence in the division line between\nlot four and five as laid down upon said map, south 48 degrees 10' W.\none hundred and twenty-two (122) feet, and fifty-four hundredths of a\nfoot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;\nthence along in said northeasterly bounds of said Union Avenue north 53\ndegrees 57' west along the front of said lots five, six and seven (5, 6\n& 7) the distance of seventy-three feet and sixty-five hundredths of a\nfoot (73 65/100 feet) to the place of beginning; and a part of said\npremises being a part of the same that was conveyed to Thomas Cornell by\nJansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the\noffice of the Clerk of Ulster County in book No. 204 of deeds at page\n403 March 6th, 1877, the balance of the property hereinbefore described\nand herein intended to be conveyed was conveyed to Thomas Cornell by\nJames E. Ostrander and wife by deed bearing date February 8th, 1869, and\nrecorded in Ulster County Clerk's Office in book 175 of deeds at page\n29, February 6th, 1872.\n * (e-5) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a school, provided such\npremises constitute a premises for the sale of food or beverages at\nretail for consumption on the premises located wholly within the\nboundaries of the borough of Brooklyn in the county of Kings and the\ncity of New York, bounded and described as follows:\n Beginning at a point on the westerly side of Washington Avenue distant\n636.45 feet southerly from the intersection of the southerly side of\nEastern Parkway and westerly side of Washington Avenue, said point being\nthe point of beginning; Running thence southerly along the westerly side\nof Washington Avenue, a distance of 345.43 feet; thence westerly along\nthe line forming an interior angle with the previous course of 90\ndegrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence\nnortherly along the line forming an interior angle with the previous\ncourse of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet;\nThence northerly along the line forming an exterior angle with the\nprevious course of 159 degrees 18 minutes 33 seconds, a distance of\n36.59 feet; Thence northerly along the line forming an exterior angle\nwith the previous course of 169 degrees 36 minutes 23 seconds, a\ndistance of 26.26 feet; Thence westerly along the line forming an\nexterior angle with the previous course of 123 degrees 49 minutes 33\nseconds, a distance of 58.57 feet; Thence southwesterly along the line\nforming an exterior angle with the previous course of 129 degrees 53\nminutes 13 seconds, a distance of 108.38 feet; Thence westerly, a\ndistance of 84.05 feet along a curve to the right, which has a radius of\n192.59 feet, and having a central angle of 25Á00'14"; Thence westerly, a\ndistance of 58.94 feet along a curve to the right, which has a radius of\n181.42 feet, and having a central angle of 18Á36'54". Thence westerly, a\ndistance of 354.56 feet; Thence northerly along the line forming an\ninterior angle with the previous course of 90 degrees 14 minutes 09\nseconds, a distance of 114.49 feet; Thence easterly along the line\nforming an exterior angle with the previous course of 286 degrees 53\nminutes 22 seconds, a distance of 7.54 feet; Thence easterly along the\nline forming an interior angle with the previous course of 195 degrees\n07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along\nthe line forming an interior angle with the previous course of 193\ndegrees 52 minutes 57 seconds, a distance of 161.51 feet; Thence\nwesterly along the line forming an interior angle with the previous\ncourse of 257 degrees 31 minutes 43 seconds, a distance of 116.17 feet;\nThence northeasterly, a distance of 7.07 feet along a non-tangent curve\nto the right, having a radius of 4.50 feet, a central angle of 89Á59'10"\nand a chord of 6.36 feet, which chord makes an interior angle with the\nprevious course of 135 degrees 01 minutes 12 seconds; Thence easterly\nalong the line forming an interior angle with the chord of the\nabove-referenced curve of 135 degrees 01 minutes 17 seconds, a distance\nof 135.59 feet; Thence easterly, a distance of 81.93 feet along a\nnon-tangent curve to the left, having a radius of 272.93 feet, a central\nangle of 17Á11'59" and a chord of 81.63 feet, which chord makes an\ninterior angle with the previous course of 186 degrees 52 minutes 37\nseconds; Thence easterly along the line forming an interior angle with\nthe chord of the above-referenced curve of 192 degrees 21 minutes 11\nseconds, a distance of 38.24 feet; Thence easterly along the line\nforming an interior angle with the previous course of 183 degrees 09\nminutes 51 seconds, a distance of 21.53 feet to the point of beginning.\n * NB There are 2 par (e-5)'s\n * (e-5) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for consumption on the premises\nlocated wholly within the boundaries of the county of Kings, bounded and\ndescribed as follows:\nALL that certain plot, piece or parcel of land situate lying and being\nin the Borough of Brooklyn, County of Kings, City and State of New York,\nbounded and described as follows:\nBEGINNING at the corner formed by the intersection of the southerly side\nof Synder Avenue, with the easterly side of Bedford Avenue;\nTHENCE easterly along the southerly side of Synder Avenue, 99 feet 10\ninches;\nTHENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to\nthe center line of Union Street, as shown on the Bergen Map;\nTHENCE westerly along the center line of Union Street, as aforesaid, 99\nfeet 10 inches to the easterly side of Bedford Avenue;\nTHENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8\ninches to the point or place of BEGINNING.\n * NB There are 2 par (e-5)'s\n * (e-6) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Kings, bounded and\ndescribed as follows:\n BEGINNING at a point on the northerly side of Grand Street, distant\nthree hundred and nineteen feet and three inches easterly from the\ncorner formed by the intersection of the northerly of Grand Street with\nthe easterly side of Berry (formerly Third) Street, which point of\nbeginning is where a line drawn along the easterly wall of the house now\nor formerly owned by one Schaefer intersects the northerly side of Grand\nStreet; running thence northerly along the easterly wall of the house\nnow or formerly owned by one Schaefer, seventy one feet and six inches;\nthence easterly nearly parallel with Grand Street, eighteen feet and\nfive inches; thence southerly, seventy feet and seven inches to the\nnortherly side of Grand Street at a point, sixteen feet easterly from\nthe point of beginning; thence westerly along the northerly side of\nGrand Street, sixteen feet.\n * NB There are 2 par (e-6)'s\n * (e-6) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the borough of\nManhattan in the city and county of New York, bounded and described as\nfollows:\n BEGINNING at the corner formed by the intersection of the southerly\nside of Fulton Street with the westerly side of Broadway;\n RUNNING THENCE southerly along the westerly side of Broadway, 78 feet\n11 1/2 inches to an angle point, in said westerly side of Broadway;\n THENCE southerly still along the westerly side of Broadway, 75 feet 3\ninches to the corner formed by the intersection of the westerly side of\nBroadway with the northerly side of Dey Street;\n THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4\ninches;\n THENCE northerly along a line which forms an angle on its westerly\nside with the northerly side of Dey Street of 91 degrees 21 minutes 50\nseconds, 77 feet 5 1/2 inches;\n THENCE easterly along a line which forms an angle on its southerly\nside with the last described course of 91 degrees 21 minutes 50 seconds,\n75 feet 4 5/8 inches;\n THENCE northerly along a line which forms an angle on its westerly\nside with the last described course of 91 degrees 00 minutes 00 seconds,\n77 feet 5 1/4 inches to the southerly side of Fulton Street;\n THENCE easterly along the southerly side of Fulton Street, 99 feet 8\ninches to an angle point on said southerly side of Fulton Street;\n THENCE easterly still along the southerly side of Fulton Street, 100\nfeet 2 1/2 inches to the point or place of BEGINNING.\n TOGETHER with benefits and subject to the terms contained in that\ncertain Easement and License Agreement dated as of April 20, 1993\nbetween Kalikow Fulton Church Realty Company and 195 Property Company\nand recorded on May 10, 1993 in Reel 1969 page 1310.\n * NB There are 2 par (e-6)'s\n * (e-7) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue, or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for the consumption on the premises\nlocated wholly within the boundaries of the county of Ulster, bounded\nand described as follows:\n All that piece or parcel of land, situate in the City of Kingston,\nCounty of Ulster and State of New York described as follows: Beginning\nat a spike in the concrete sidewalk on the south bounds of Main Street\nat its intersection with the west bounds of Fair Street; Thence south 8\ndegrees 10 hours 9 minutes east along the west bounds of Fair Street\n105.31 feet to a spike in line with a three story brick building on\nlands now or formerly Norman G. Lebhar and John W. Krueger (L.1516\nP.425); Thence south 83 degrees 26 hours 38 minutes west along said\nbuilding and lands of Lebhar and Krueger 46.27 feet to a corner of said\nbuilding; Thence north 8 degrees 4 hours 13 minutes west along lands now\nor formerly Lawrence A. Quilty and others (L.1422 P.123) and along the\nbrick building on the herein described parcel 102.62 feet to a\nreinforcement rod set on the south bounds of Main Street; Thence north\n80 degrees 6 hours 32 minutes east along said bounds of Main Street\n46.10 feet to the point and place of beginning. Being the same premises\nas conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave,\nMargaret D. Huff, Executrix to Mark J. Berlanga by deed dated September\n15, 1995 and recorded in the Ulster County Clerk's Office on September\n20, 1995 in Liber 2525 of Deeds at Page 200.\n * NB There are 2 par (e-7)'s\n * (e-7) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Erie, bounded and\ndescribed as follows:\n ALL that certain plot, piece or parcel of land situate in the City of\nBuffalo, County of Erie and state of New York, being part of Lot No. 77,\nTownship 11, Range 8 of the Holland Land Company's Survey, and further\ndistinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown\non a map filed in the Erie County Clerk's Office under Cover No. 781 and\nmore particularly bounded and described as follows:\n BEGINNING at the point of intersection of the northerly line of Hertel\nAvenue as now laid out 100 feet wide with the easterly line of Saranac\nAvenue; thence northerly along the easterly line of Saranac Avenue 120\nfeet; thence easterly parallel with Hertel Avenue 100 feet; thence\nsoutherly parallel with Saranac Avenue and along the easterly line of\nsaid subdivision Lot No. 2, a distance of 120 feet to the northerly line\nof Hertel Avenue; thence westerly along said line of Hertel Avenue 100\nfeet to the point of beginning.\n * NB There are 2 par (e-7)'s\n (e-8) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Erie, bounded and\ndescribed as follows:\n ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No.48, Township\n11, Range 8 of the Holland Land Company's Survey, described as follows:\n BEGINNING at a point in the easterly line of Elmwood Avenue distant\n191.1 feet north of the intersection of said easterly line of Elmwood\nAvenue with the northerly line of Bird Avenue; running thence northerly\nalong the said easterly line of Elmwood Avenue 63 feet; thence easterly\nat right angles with Elmwood Avenue 140 feet; thence southerly parallel\nwith Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood\nAvenue 140 feet to the said easterly line of Elmwood Avenue to the point\nor place of beginning.\n All that Tract or Parcel of Land, situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No. Forty-Eight\n(48), Township Eleven (11) and Range Eight (8) of the Holland Land\nCompany's survey and bounded and described as follows:\n BEGINNING at a point in the easterly line of Elmwood Avenue One\nHundred Sixty and one-tenth (160.10) feet northerly from its\nintersection with the northerly line of Bird Avenue, running thence\nnortherly on said easterly line of Elmwood Avenue Thirty-one (31) feet;\nthence easterly at right angles to Elmwood Avenue One Hundred forty\n(140) feet; thence southerly parallel with Elmwood Avenue Thirty-one\n(31) feet; thence westerly at right angles to Elmwood Avenue, One\nHundred forty (140) feet to the easterly line of Elmwood Avenue at the\nplace of beginning.\n All that Tract or Parcel of Land, situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No. 48, Township\n11, Range 8 of the Holland Land Company's Survey and bounded and\ndescribed as follows:\n BEGINNING at a point in the east line of Elmwood Avenue, distant\n321.50 feet south from the intersection of said east line with the south\nline of Forest Avenue; thence south along the east line of Elmwood\nAvenue, 49 feet to a point; thence east at right angles to the east line\nof Elmwood Avenue, 140 feet to a point, thence north, parallel with the\neast line of Elmwood Avenue, 49 feet to a point; thence west in a\nstraight line, 140 feet to the point of beginning.\n (f) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, the authority may issue a license pursuant to this section\nfor a premises which shall be within five hundred feet of three or more\nexisting premises licensed and operating pursuant to this section and\nsections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d\nof this article if, after consultation with the municipality or\ncommunity board, it determines that granting such license would be in\nthe public interest. Before it may issue any such license, the authority\nshall conduct a hearing, upon notice to the applicant and the\nmunicipality or community board, and shall state and file in its office\nits reasons therefor. The hearing may be rescheduled, adjourned or\ncontinued, and the authority shall give notice to the applicant and the\nmunicipality or community board of any such rescheduled, adjourned or\ncontinued hearing. Before the authority issues any said license, the\nauthority or one or more of the commissioners thereof may, in addition\nto the hearing required by this paragraph, also conduct a public meeting\nregarding said license, upon notice to the applicant and the\nmunicipality or community board. The public meeting may be rescheduled,\nadjourned or continued, and the authority shall give notice to the\napplicant and the municipality or community board of any such\nrescheduled, adjourned or continued public meeting. Notice to the\nmunicipality or community board shall mean written notice mailed by the\nauthority to such municipality or community board at least fifteen days\nin advance of any hearing scheduled pursuant to this paragraph. Upon the\nrequest of the authority, any municipality or community board may waive\nthe fifteen day notice requirement. No premises having been granted a\nlicense pursuant to this section shall be denied a renewal of such\nlicense upon the grounds that such premises are within five hundred feet\nof a building or buildings wherein three or more premises are licensed\nand operating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article.\n 8. A license issued for such premises as are being conducted as a\ncatering establishment shall authorize the holder thereof to sell\nalcoholic beverages at retail during such period of time as a function,\noccasion or event is in progress therein and then only to persons\ninvited to and attending such function, occasion or event and only for\nconsumption on the premises where sold.\n 9. A retail license under this section may be granted for a premises\nbeing conducted as a restaurant and located in the area leased by the\ncity of New York to the New York World's Fair 1964-1965 pursuant to the\nprovisions of chapter four hundred twenty-eight of the laws of nineteen\nhundred sixty as amended by chapter nine hundred nine of the laws of\nnineteen hundred sixty-one during the term or duration of such lease,\nnotwithstanding the fact that said premises is not open to the general\npublic as required by this chapter provided that such premises has been\ndesignated as an authorized facility of the New York World's Fair\n1964-1965 Corporation and has been certified to the liquor authority by\nsaid corporation as such.\n