The 500 Foot Law ABC § 64 in practice creates barriers to obtaining an on-Premises license without an optional time consuming hearing by the SLA Board, absent Community Board Approval.
<updated June 12, 2025> In New York City, because of its density, the majority of on-premise liquor license establishments are within 500 feet of another existing premise. ABC §64 7 (b) prohibits issuance of a license, but then §64 7-(f) allows issuance of a license with the approval of the SLA and holding a hearing or meeting. The Alcoholic Beverage Control Law is often misread by novices – the language is confusing, and it is not helpful that §64-7 (f) is preceded by the lengthy recitation of special interest parcels in §64-7 (e) where the legislature has exempted premises with special legislation.
It appears that in practice, the SLA will hold a public hearing if there is an objection by the community board but that is in the discretion of the Board. The following statement by the SLA would indicate that a Board vote is required if “the Community Board or other interested parties oppose the application.” This language does not require that there be a full public meeting. The statute allows the SLA to hold a full public meeting.
The SLA states as follows at https://sla.ny.gov/500-foot-law, and seems to avoid having a full Board hearing in most circumstances.
The hearings are not held in person. They are based solely on the review of the written materials submitted by the applicant and municipality by an Administrative Law Judge. If there is no opposition to the application, and no other issues presented that require consideration by the Members of the Authority, the application is acted on by the Authority’s Licensing Bureau. In cases where the Administrative Law Judge does not find in favor of the application, the Community Board or other interested parties oppose the application, or there are other issues requiring review by the Members of the Authority, the matter is referred to the Members for determination. It’s important to note that the fact that there is opposition to an application does not necessarily mean that the Authority will disapprove the application. The Authority may also disapprove an application even when there is no opposition.”
New York Consolidated Laws, Alcoholic Beverage Control Law – ABC § 64. License to sell liquor at retail for consumption on the premises – 500 Foot Law Provides:New York Consolidated Laws, Alcoholic Beverage Control Law – ABC § 64. License to sell liquor at retail for consumption on the premises, provides at section 7.
7. No retail license for on-premises consumption shall be granted for any premises which shall be
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(b) in a city, town or village having a population of twenty thousand or more within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(f) Notwithstanding the provisions of paragraph (b) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
