New York’s 500 Foot Law is a primary regulation for managing the concentration of establishments with liquor licenses, applicable in municipalities with populations over 20,000, including New York City. The sections relevant to ordinary on-premises liquor licenses are found in Section 64, 64-a. https://www.nysenate.gov/legislation/laws/ABC/64
The law passed in 2023 was known as the Padavan law in response to the execution style murder of a police-officer. Odd – tango dancers and trumpet players were not among the executioners. Here is a new video on the history of the Padavan incident.
ABC Law Section 64(6-a) establishes a public interest standard not exclusively applicable to 500 foot situations, but immediately precedes the 500 foot provision. This provision and Section 64(7)(f) are both applicable to licenses subject to the 500 Foot Rule.
Section 64(6-a)
6-a. The authority may consider any or all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) The number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof.
(b) Evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies.
(c) Effect of the grant of the license on vehicular traffic and parking in proximity to the location.
(d) The existing noise level at the location and any increase in noise level that would be generated by the proposed premises.
(e) The history of liquor violations and reported criminal activity at the proposed premises.
(f) Any other factors specified by law or regulation that are relevant to determine the public convenience and advantage and public interest of the community.
ABC Law Section 64(7)(b) states the 500 Foot Rule for standard on-premises liquor licenses. It prohibits the issuance of a license to any premises on the same street or avenue and within 500 feet of three or more existing licensed establishments in municipalities with a population of 20,000 or more (including all of New York City).
ABC Law Section 64(7)(b)
- No retail license for on-premises consumption shall be granted for any premises which shall be
(a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship or
(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;
ABC Law Section 64(7)(f) allows exceptions to Section 64(7)(b) if the applicant proves the license is in the “public interest” during a mandated hearing, known as the 500-foot rule hearings. [The drafting of Section 64 confusing;y inserts a lengthy list of site-specific legislative exceptions in subsection (e-1), which bypasses the 200-foot rule for certain Manhattan locations, before revealing subsection (7)(f).]
ABC Law Section 64(7)(f)
(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.
ABC Law Section 64-a(7)(a)(ii) specifically addresses “special on-premises” licenses (bars and taverns) and applies the 500-foot restriction to cities, towns, or villages with populations over 20,000, which includes all of NYC.
Item #1
ABC Law Section 97-a(3) contains the restrictions for Temporary Retail Permits in cities with a population of one million or more. It states that in such cities, locations subject to the 500-foot rule must adhere to specific conditions, which can include closing times of midnight indoors, noise restrictions limiting audio to recorded background music, and a prohibition on dancing.
ABC Law Section 97-a(3)
SECTION 97-A Temporary retail permit
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
https://www.nysenate.gov/legislation/laws/ABC/97-A
Note: Buried in § 97-is the following-:
- § 97-a(3) …Provided however, any premises granted a temporary retail permit pursuant to this subdivision in a city with a population of one million or more people shall only be allowed to operate on the premises under the following conditions: the closing time any day of the week shall be no later than midnight; provided however that the closing time of any outdoor space shall be no later than ten o’clock post-meridian Sunday through Thursday and eleven o’clock post-meridian Friday and Saturday; no outdoor music; indoors shall have recorded background music only, with no live music, DJ’s, karaoke, or similar forms of music; and no dancing….
- Following for context is the complete § 97-a.
- § 97-a. Temporary retail permit. 1. The authority is hereby authorized to issue a temporary retail permit:
(a) to the transferee of a retail license to continue the operations of a retail premises during the period that the transfer application for the license from person to person at the same premises is pending; or
* (b) to the applicant for a new retail license.
* NB Repealed October 12, 2026
- Such a permit may be issued if all of the following conditions are met:
(a) the applicant for the temporary permit shall have filed with the authority an application for a retail license at such premises, together with all required filing and license fees;
(b) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of one hundred twenty-eight dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses;
(c) in the case of a transfer application, the premises shall have been operated under a retail license within thirty days of the date of filing the application for a temporary permit;
(d) at the time the permit is issued the current license, if any, in effect for said premises shall have been surrendered to, placed into safekeeping with, or otherwise deemed abandoned by the authority.
- A temporary retail permit under paragraph (b) of subdivision one of this section may not be issued for any premises that is subject to the provisions of section sixty-three or seventy-nine of this chapter; a temporary retail permit under paragraph (b) of subdivision one of this section shall not be issued for a premises subject to the provisions of paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph (a) of subdivision seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, or paragraph (b) of subdivision eight of section sixty-four-d, unless and until a recommendation that there be a finding of public interest has been made by an administrative law judge pursuant to paragraph (f) of subdivision seven of section sixty-four, paragraph (d) of subdivision seven of section sixty-four-a, paragraph (c) of subdivision five of section sixty-four-b, paragraph (c) of subdivision eleven of section sixty-four-c, or paragraph (e) of subdivision eight of section sixty-four-d of this chapter. Provided however, any premises granted a temporary retail permit pursuant to this subdivision in a city with a population of one million or more people shall only be allowed to operate on the premises under the following conditions: the closing time any day of the week shall be no later than midnight; provided however that the closing time of any outdoor space shall be no later than ten o’clock post-meridian Sunday through Thursday and eleven o’clock post-meridian Friday and Saturday; no outdoor music; indoors shall have recorded background music only, with no live music, DJ’s, karaoke, or similar forms of music; and no dancing. The authority shall automatically lift such restrictions if the authority issues a retail license for the premises, and replace such restrictions with other restrictions, if any, imposed by the authority in accordance with the public interest standard. Further provided however, a temporary retail permit may not be issued pursuant to this subdivision in a city with a population of one million or more people if a retail license at the location was canceled, suspended or revoked by the authority for two consecutive licensees at such location. The foregoing restriction on the issuance of a temporary retail permit pursuant to this subdivision in a city with a population of one million or more people if a retail license at the location was canceled, suspended or revoked by the authority for two consecutive licensees at such location shall not apply to any location at which an active retail license shall have existed subsequent to a prior retail license being canceled, suspended or revoked by the authority for two consecutive licensees at such location, so long as such subsequent retail license was not canceled, suspended or revoked in the past five years.
3-a. A notice for a public hearing pursuant to paragraph (f) of subdivision seven of section sixty-four, paragraph (d) of subdivision seven of section sixty-four-a, paragraph (c) of subdivision five of section sixty-four-b, paragraph (c) of subdivision eleven of section sixty-four-c, or paragraph (e) of subdivision eight of section sixty-four-d of this chapter shall also include notification that a temporary retail permit may be issued to the premises by the authority after a recommendation that there be a finding of public interest has been made in proceedings conducted pursuant to subdivision three of this section.
- A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed one hundred eighty days. A temporary permit may be extended at the discretion of the authority, for an additional thirty day period upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional thirty day extensions upon payment of the appropriate fee.
- A temporary retail permit is a conditional permit and authorizes the holder thereof:
(a) in the case of a transfer application to purchase and sell such alcoholic beverages as would be permitted to be purchased and sold under the privileges of the retail license for which the transfer application has been filed;
(b) in the case of all other retail applications, to purchase and sell such alcoholic beverages as would be permitted to be purchased and sold under the privileges of the license applied for; and
(c) to sell such alcoholic beverages to consumers only and not for resale.
- The holder of a temporary retail permit shall purchase alcoholic beverages only by payment in currency or check for such alcoholic beverages on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is operating under such retail license or licenses in addition to the temporary retail permit, and who is not delinquent under the provisions of section one hundred one-aa of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the temporary permit.
- Notwithstanding any other provision of law, a temporary retail permit may be summarily cancelled or suspended at any time if the authority determines that good cause for such cancellation or suspension exists. The authority shall promptly notify the holder of a temporary retail permit in writing of such cancellation or suspension and shall set forth the reasons for such action.
- The application for a temporary permit shall be on such form as the authority shall prescribe.
- Approval of, or extension of, a temporary retail permit shall not be deemed as an approval of the retail application.
- Notwithstanding any inconsistent provision of law to the contrary, the authority may promulgate such rules and regulations as may be necessary to carry out the provisions of this section.
The provision not allowing live music and dancing in temporary permits dates back to 2022.
L. 2022, ch. 106 (bill S.7784 in the Senate; “same as” A.8699 in the Assembly) — signed February 24, 2022.That act amended ABC Law § 97-a(3) to add NYC operating conditions for a premises holding a TRP “in a city with a population of one million or more people” (NYC), including:
“indoors shall have recorded background music only, with no live music … and no dancing.” A 2026 bill extends this provision for another year.
2023 Bil
STATE OF NEW YORK ________________________________________________________________________ 7784 IN SENATE January 11, 2022 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
***
Provided however, any premises granted a tempo-
23 rary retail permit pursuant to this subdivision in a city with a popu-
24 lation of one million or more people shall only be allowed to operate on
25 the premises under the following conditions: an active retail license
26 shall have existed at the location within the past two years, and such
27 license shall not have been canceled, suspended, or revoked by the
28 authority within the past two years; the closing time any day of the
29 week shall be no later than midnight; provided however that the closing
30 time of any outdoor space shall be no later than ten o'clock post-meri-
31 dian Sunday through Thursday and eleven o'clock post-meridian Friday and
32 Saturday; no outdoor music; indoors shall have recorded background music
33 only, with no live music, DJ's, karaoke, or similar forms of music; and
34 no dancing. The authority shall automatically lift such restrictions if
35 the authority issues a retail license for the premises, and replace such
36 restrictions with other restrictions, if any, imposed by the authority
37 in accordance with the public interest standard.