New York ABC Code § 64-D

License to sell liquor on premises commonly known as a cabaret
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§ 64-d. License to sell liquor on premises commonly known as a\ncabaret.  1. Any person may make an application to the state liquor\nauthority to operate a cabaret.\n  2. Such application shall be in such form and shall contain such\ninformation as shall be required by the liquor authority and shall be\naccompanied by a check or draft in the amount required by this article\nfor such license.\n  4. Section fifty-four of this chapter shall control so far as\napplicable the procedure in connection with such application.\n  5. Such cabaret license shall in form and in substance be a license to\nthe person specifically licensed to operate a cabaret and sell liquor at\nretail to be consumed on the premises specifically licensed. Such\nlicense shall also be deemed to include a license to sell wine and beer\nat retail to be consumed under the same terms and conditions, without\nthe payment of any additional fee.\n  6. A license under this section shall be required of any licensee upon\nwhose premises musical entertainment, singing, dancing or other forms of\nentertainment is permitted; provided, however, that this section shall\nonly apply to licensees whose premises have a capacity for the\nassemblage of six hundred or more persons. Nothing contained in this\nsubdivision shall be construed as requiring a license under this section\nby an establishment licensed under section sixty-four or paragraph (b)\nof subdivision six of section sixty-four-a of this article.\n  7. The authority shall consider all of the following in determining\nwhether public convenience and advantage and the public interest will be\npromoted by the granting of a license pursuant to this section:\n  (a) the number, classes and character of licenses in proximity to the\nlocation and in the particular municipality or subdivision thereof;\n  (b) evidence that applicants have secured all necessary licenses and\npermits from the state and all other governing bodies;\n  (c) the effect that the granting of the license will have on vehicular\ntraffic and parking in the proximity of the location;\n  (d) the existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises;\n  (e) the history of liquor violations and reported criminal activity at\nthe proposed premises; and\n  (f) any other factors specified by law or regulation that are relevant\nto determine the public convenience or advantage and necessary to find\nthat the granting of such license shall be in the public interest.\n  8. No cabaret license shall be granted for any premises which shall\nbe:\n  (a) on the same street or avenue and within two hundred feet of a\nbuilding occupied exclusively as a school, church, synagogue or other\nplace of worship or\n  (b) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of an existing premises licensed and\noperating pursuant to the provisions of this section, or within five\nhundred feet of three or more existing premises licensed and operating\npursuant to this section and sections sixty-four, sixty-four-a,\nsixty-four-b, and/or sixty-four-c of this article.\n  (c) the measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school, church, synagogue or other place of worship or to the\ncenter of the nearest entrance of each such premises licensed and\noperating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b, and/or sixty-four-c of this article; except\nthat no license shall be denied to any premises at which a license under\nthis chapter has been in existence continuously from a date prior to the\ndate when a building on the same street or avenue and within two hundred\nfeet of said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worshi

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