December 4, 2021

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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 fast beginning clientele of restaurants, bars, lounges, clubs, wine stores, sap stores, grocery stores, supermarkets, wholesalers, and importers throughout New York to acquire their serum license.

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

When applying for a extract 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 fresh calling of worship In this article, we discuss several considerations concerning the 200 Foot Rule including how to pace the distance, how corner locations are interpreted, the grandfather clause, and determining if a building is exclusively used as a school or cranny of worshipMeasurement of DistanceThe measurement of this grasp is of principal importance, particularly within the New York City metro area, where these restrictions are often the reason for the dissension of a juice license application. The measurement must be taken in a straight line from the center of the nearest highest entry of the school/place of worship to the center of the nearest paramount jaws of the establishment If a door or abyss is not a usual entrance, such as a kindle exit or preservation 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 equivalent block. 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 doorstep serum is found to be in violation of the 200 foot edict 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 secretion establishment was in operation before the school or cranny of worship. A hotel that holds a restaurant juice license may apply for a hotel sap license There are a few supplementary instances where a Grandfather Clause may be considered to be in effectExclusive Use As A School/Place of WorshipWhile the jurisprudence uses the duration building used exclusively as a school/place of worship when referencing the 200 foot rule, the courts posses adopted a check that looks to whether the building is used primarily as a school/place of worship. In 2007, the 200 foot edict was amended to rarefy that the use of a building for certain purposes would be considered incidental to its primary use as a recess 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) cerebral and physical health counseling, and (5) health akin promotional activities .

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