|FROM:||The Legal Taxi|
|RE:||Barrels and stills|
Barrels and stills
What is 1500ft relocation law for liquor stores?
Have an existing store. Want to move it to another location, in this case across the road so it is within 1500ft from the current location.
Give me only the law related to this with highlighted relevant portion.
Originating Jurisdiction only
Relevant Statutes and Case Law
We could not find any “1500 foot” provision. It appears that such a provision may have existed in the past, but it no longer remains. Instead, as set forth in §111 below, approval of any move, more or less than 1500 feet, may come only at the discretion of the authority (SLC). To relocate the liquor shop, the license holder must apply to the SLA and request that it exercise its broad discretion to grant the request. There is no provision under ABC that states that 1500 rule is still applicable to relocations. There are only a 200 foot and a 500-foot rule currently applicable as per the ABC Law and NY State Liquor Authority, and these apply to notices and distances from other institutions, respectively.
New York Alcoholic Beverage Control Law § 111 states that a license is limited to the site of the original application, and it provides any exception will come only with at the discretion of the authority. The Code states:
- A license issued to any person, pursuant to chapter one hundred [fig 1] eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises except in the discretion of the authority. It shall be available only to the person therein specified, and only for the premises licensed and no other except if authorized by the authority. Provided, however, that the provisions of this section shall not be deemed to prohibit the issuance of a license under section seventy-six-b or seventy-six-c of this chapter. For the purposes of this section each railroad car and each vessel shall be deemed premises separately to be licensed.
NY CLS Al Bev § 111
NY CLS Al Bev § 3 defines the term “building containing licensed premises”:
- It shall include the licensed premises and also any part of a building in which such premises is contained and any part of any other building connected with such building by direct access or by a common entrance.
The SLC website states:
- The Alcoholic and Beverage law provides that the measurement be taken in a straight line from the center of the nearest entrance of the school/place of worship to the center of the nearest entrance of the establishment. The distance is determined using only entrances that are regularly used to give ingress to (a) the students of the school, (b) the general public into the place of worship; and (c) patrons into the establishment. Emergency/fire exits, maintenance access, and doors to gain access to non-public areas are not used in the measurement. If the entrance is set back from the sidewalk by a walkway or doorway, the measurement is taken from the center of the line where the walkway/doorway meets the sidewalk.
- The Alcoholic Beverage Control Law prohibits certain licenses from being issued if the location of the establishment is on the same street and within 200 feet of a building that is used exclusively as a school, church, synagogue or other place of worship. This restriction is commonly called the 200 foot rule and applies to any retail establishment where liquor will be sold for on premises consumption and any retail establishment where liquor or wine will be sold for consumption off the premises.
- Applications for licenses under Section 64, 64-a, 64-c and 64-d of the Alcoholic Beverage Control Law are all, to some degree, subject to the 500 foot rule. These statutes provide for “full” (liquor, wine and beer) liquor licenses for the on-premises license. A license under Section 64 can only be issued to a restaurant, hotel with a restaurant, catering establishment, club, vessel or aircraft. Establishments obtaining a license under this section must have a kitchen, with a chef, serving meals.
- Section 64-a provides for the “special” on-premises license. The statute allows certain establishments to obtain an on-premises license without meeting the restaurant/kitchen requirement of Section 64. If the location is subject to the 500 foot rule, and no other exception applies, the license cannot be issued unless the State Liquor Authority makes an affirmative finding that it is in the public interest to issue the license.
If the 200-foot rule applies to a location, the Authority does not have the discretion to grant the application. Even if the school or place of worship consents to the issuance of the license, the Authority cannot approve the application. If the Authority discovers that an establishment has been licensed in violation of the rule, it cannot allow the violation to continue when the license comes up for renewal.
Thank you for allowing us to serve you. Please let us know if we can provide anything further for you.
NEITHER MIND MERCHANTS, THE LEGAL TAXI, ANY OTHER SUBSIDIARY OF MIND MERCHANTS, OR ANY AGENTS OR VENDORS OF MIND MERCHANTS (TOGETHER, "MIND MERCHANTS"), NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (TOGETHER, "PERSONNEL"), PROVIDES LEGAL SERVICES OR LEGAL ADVICE IN THE UNITED STATES, UNITED KINGDOM, OR INDIA. MIND MERCHANTS IS NOT A LAW FIRM, AND IT DOES NOT AND CANNOT RENDER LEGAL SERVICES OR LEGAL ADVICE TO THE GENERAL PUBLIC. MIND MERCHANTS IS NOT ENGAGED IN THE PRACTICE OF LAW, NOTWITHSTANDING ANY PERFORMANCE OR DELIVERY OF SERVICES BY LAWYERS WHO ARE OR MAY BE AUTHORIZED TO PRACTICE LAW IN THE UNITED STATES, UNITED KINGDOM, OR INDIA. THE SERVICES AND RELATED WORK PRODUCT PROVIDED BY MIND MERCHANTS AND ITS PERSONNEL ARE PERFORMED AND PROVIDED SOLELY AT THE REQUEST OF LAWYERS AND ARE BEING PROVIDED DIRECTLY TO THOSE LAWYERS, OR THEIR DESIGNEE(S), IN SUPPORT OF THE LEGAL SERVICES THAT THOSE LAWYERS ARE PERFORMING FOR THEIR CLIENTS.