The Effect of the 200 Foot Rule on New York Liquor Licenses

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New York Liquor License Now was founded by The Rodriguez Law Firm in passion to the needs of its hastily embryonic clientele of restaurants, bars, lounges, clubs, wine stores, sap stores, grocery stores, supermarkets, wholesalers, and importers throughout New York to procure their sap license.

The Effect of the 200 Foot Rule on New York Liquor Licenses

The Effect of the 200 Foot Rule on New York Liquor Licenses

When applying for a fluid license in New York, there are several rules or considerations that must be followed One of these is the 200 Foot Rule where the applicants establishment must not be within 200 feet of a school, church, synagogue, mosque, or further niche of worship In this article, we discuss several considerations concerning the 200 Foot Rule including how to cadence the distance, how cranny locations are interpreted, the grandfather clause, and determining if a building is exclusively used as a school or niche of worship.Measurement of DistanceThe measurement of this grasp is of main importance, particularly within the New York City metro area, where these restrictions are often the basis for the negative of a extract license application The measurement must be taken in a lank succession from the center of the nearest main ingress of the school/place of worship to the center of the nearest highest abyss of the establishment If a door or mouth is not a standard entrance, such as a ignite exit or perpetuation door, then it is not used in the measurement. Corner LocationsIf the establishment or the school/place of worship is on a corner, it is considered to be on both streets for purposes of the 200 foot rule, regardless of whether it has doorways or addresses on both streets Furthermore, the establishment and the school/place of worship do not own to be on the duplicate clog Stated differently, where the establishment or school/place of worship is on a corner, the applicant should look 200 feet to both streets in each directionThe Grandfather ClauseNormally if a location that has been licensed to tout liquid is found to be in violation of the 200 foot directive its license must be revoked when its license comes up for renewal However, there are several exceptions One is for establishments in operation since December 5th, 1933. Another is if the juice establishment was in operation before the school or place of worship. A hotel that holds a restaurant juice license may apply for a hotel secretion license There are a few more instances where a Grandfather Clause may be considered to be in effectExclusive Use As A School/Place of WorshipWhile the act uses the period building used exclusively as a school/place of worship when referencing the 200 foot rule, the courts have adopted a assessment that looks to whether the building is used primarily as a school/place of worship In 2007, the 200 foot decree was amended to rarefy that the use of a building for certain purposes would be considered incidental to its primary use as a calling of worship. Those uses include, but are not limited to, the use of the building for: (1) the conduct of games of chance, such as bingo, (2) fund-raising performance, (3) social activities, (4) cognitive and physical health counseling, and (5) health allied promotional activities

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