Relates to an exemption for certain property from the prohibition of alcohol sales within a certain distance from a school

2025 Regular Session

Allows a specific Manhattan property within 200 feet of a school or place of worship to obtain a restaurant alcohol license, narrowly exempting that location.

REFERRED TO ECONOMIC DEVELOPMENT

Overview

Bill: A 11540 (2025-2026), New York

Purpose: Creates a narrowly tailored exemption allowing restaurant licenses within a specified two-hundred-foot zone near a building used exclusively as a school or place of worship, but only for properties located wholly within a specific, described block in Manhattan (borough of Manhattan, City of New York, County of New York). This exemption modifies the prohibition on alcohol sales near such institutions.

Main purpose and intent

The bill amends the Alcoholic Beverage Control Law to permit certain restaurant licenses to be issued within 200 feet of a building occupied exclusively as a school, church, synagogue, or other place of worship.

The authorization applies despite existing restrictions in paragraph (a) of subdivision 7 of section 64, creating a targeted exception to proximity-based prohibitions.

The geographic scope is highly specific: a particular property in Manhattan bounded by described street lines and block boundaries, effectively limiting the exemption to a single, precisely defined premises.

Key provisions

New exception (e-18) to subdivision 7, section 64:

Authority may issue restaurant licenses for a premises within 200 feet of a building used exclusively as a school or place of worship.
The premises must be located wholly within the boundaries of a defined block in Manhattan, as detailed by a boundary description (beginning at the intersection of 16th Street and Irving Place, with exact distances and directions provided).
The property must be conducted as a restaurant.

Effective date: The act takes effect immediately upon enactment.

Affected entities and impact

Potentially affected: Restaurant license applicants seeking to operate near educational or religious facilities, specifically within the narrowly described Manhattan block.

Implications:

Extends the possibility of obtaining an alcohol-selling restaurant license in an area previously restricted due to proximity to schools or places of worship.
Creates a very limited, location-specific exemption that could affect neighboring businesses, zoning strategy, and local community considerations for the designated block.

Procedural and timeline aspects

Status: Referred to the Committee on Economic Development after introduction (June 1, 2026).

Immediate effect: If enacted, the exemption would take effect immediately upon enactment.

Legislative pathway: As a proposed amendment to the Alcoholic Beverage Control Law, it would require normal passage by the Legislature and signature by the Governor to become law.

Notable details

The geographic bounds are explicitly codified in the bill using a detailed survey-like description, effectively reserving the exemption to a single property within Manhattan.

The bill preserves existing prohibitions for all other areas and only adds the new e-18 paragraph as an exception.

If you’d like, I can add a plain-language example of how this exemption would operate for a hypothetical restaurant seeking a license under the specified conditions.