State Codes and Statutes

Statutes > New-york > Abc > Article-5 > 64-d

§  64-d.  License  to  sell  liquor  on  premises  commonly known as a  cabaret.  1. Any person may make an  application  to  the  state  liquor  authority to operate a cabaret.    2.  Such  application  shall  be  in  such form and shall contain such  information as shall be required by the liquor authority  and  shall  be  accompanied  by  a check or draft in the amount required by this article  for such license.    * 3. Upon receipt of an  original  or  a  renewal  application  for  a  license  under this section, the applicant shall notify the clerk of the  village, town or city, as the case may be,  by  certified  mail,  return  receipt  requested,  wherein  the prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective until January 11, 2011    * 3.  Upon  receipt  of  an  original  or  a renewal application for a  license under this section, the applicant shall notify the clerk of  the  village,  town  or  city,  as  the case may be, by certified mail return  receipt requested, overnight delivery service with proof of mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective January 11, 2011    4.  Section  fifty-four  of  this  chapter  shall  control  so  far as  applicable the procedure in connection with such application.    5. Such cabaret license shall in form and in substance be a license to  the person specifically licensed to operate a cabaret and sell liquor at  retail to be  consumed  on  the  premises  specifically  licensed.  Such  license  shall also be deemed to include a license to sell wine and beer  at retail to be consumed under the same terms  and  conditions,  without  the payment of any additional fee.    6. A license under this section shall be required of any licensee upon  whose premises musical entertainment, singing, dancing or other forms of  entertainment  is  permitted; provided, however, that this section shall  only  apply  to  licensees  whose  premises  have  a  capacity  for  theassemblage  of  six  hundred  or more persons. Nothing contained in this  subdivision shall be construed as requiring a license under this section  by an establishment licensed under section sixty-four or  paragraph  (b)  of subdivision six of section sixty-four-a of this article.    7.  The  authority  shall consider all of the following in determining  whether public convenience and advantage and the public interest will be  promoted by the granting of a license pursuant to this section:    (a) the number, classes and character of licenses in proximity to  the  location and in the particular municipality or subdivision thereof;    (b)  evidence  that applicants have secured all necessary licenses and  permits from the state and all other governing bodies;    (c) the effect that the granting of the license will have on vehicular  traffic and parking in the proximity of 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; and    (f) any other factors specified by law or regulation that are relevant  to determine the public convenience or advantage and necessary  to  find  that the granting of such license shall be in the public interest.    8.  No  cabaret  license 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 an existing premises licensed and  operating pursuant to the provisions of this  section,  or  within  five  hundred  feet  of three or more existing premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b, and/or sixty-four-c of this article.    (c) the measurements in paragraphs (a) and (b) of this subdivision are  to be taken in straight lines from the center of the nearest entrance of  the premises sought to be licensed to the center of the nearest entrance  of  such  school,  church, synagogue or other place of worship or to the  center of the nearest  entrance  of  each  such  premises  licensed  and  operating   pursuant   to   this   section   and   sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article;  except  that no license shall be denied to any premises at which a license under  this chapter has been in existence continuously from a date prior to the  date when a building on the same street or avenue and within two hundred  feet of said premises has been occupied exclusively as a school, church,  synagogue or other place of worship; and except that no license shall be  denied to any premises, which is within five hundred feet of an existing  premises  licensed  and  operating  pursuant  to  the provisions of this  section or which is within five hundred feet of three or  more  existing  premises  licensed  and  operating pursuant to this section and sections  sixty-four, sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this  article,  at  which  a  license under this chapter has been in existence  continuously  on  or  prior  to   November   first,   nineteen   hundred  ninety-three. The liquor authority, in its discretion, may authorize the  removal  of  any  such  licensed premises to a different location on the  same street or avenue, within two hundred feet of said  school,  church,  synagogue  or other place of worship, provided that such new location is  not within a closer distance to such school, church, synagogue or  other  place of worship.    (d)  within the context of this subdivision, the word "entrance" shall  mean a door of a school, of a house of worship, or of premises  licensedand   operating  pursuant  to  this  section  and  sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this  article  or  of  the  premises  sought  to be licensed, regularly used to give ingress to  students  of  the  school,  to the general public attending the place of  worship, and to patrons or guests of the premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this article or of the premises  sought to be licensed, except that where a school or house of worship or  premises licensed and operating pursuant to this  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of this  article or the premises sought to be licensed is set back from a  public  thoroughfare,  the  walkway  or stairs leading to any such door shall be  deemed an entrance; and the measurement shall be taken to the center  of  the  walkway  or stairs at the point where it meets the building line or  public thoroughfare. A door which has no exterior hardware, or which  is  used  solely  as an emergency or fire exit, or for maintenance purposes,  or which leads directly to a part of a building not  regularly  used  by  the general public or patrons, is not deemed an "entrance".    (e)   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 an existing  premises licensed and operating  pursuant  to  the  provisions  of  this  section  or  within five hundred feet of three or more existing premises  licensed and operating pursuant to this section and sections sixty-four,  sixty-four-a, sixty-four-b, and/or  sixty-four-c  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.  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 an existing premises licensed and  operating  pursuant  to  the provisions of this section or 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,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.    (f) Within the context of this subdivision, a building occupied  as  a  place  of worship does not cease to be "exclusively" occupied as a place  of worship by incidental uses that are not of a nature to  detract  from  the  predominant  character  of the building as a place of worship, such  uses which include, but which are not limited to: the conduct of legally  authorized games of bingo or other games of chance held as  a  means  of  raising  funds  for  the  not-for-profit  religious  organization  which  conducts services at the place of worship or  for  other  not-for-profit  organizations   or   groups;   use  of  the  building  for  fund-raising  performances by or benefitting the not-for-profit religious organization  which conducts services at the place of worship or other  not-for-profit  organizations  or  groups;  the  use  of the building by other religious  organizations or groups for religious services or  other  purposes;  the  conduct  of  social activities by or for the benefit of the congregants;  the use of the building for meetings held  by  organizations  or  groups  providing  bereavement counseling to persons having suffered the loss ofa loved one, or providing advice or support for conditions  or  diseases  including,  but  not  limited  to,  alcoholism,  drug addiction, cancer,  cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use  of  the  building  for  blood  drives, health screenings, health information  meetings, yoga classes, exercise classes or other activities intended to  promote the health of the congregants or other persons; and use  of  the  building  by  non-congregant members of the community for private social  functions. The building occupied as a place of worship does not cease to  be "exclusively" occupied as a place of worship where the not-for-profit  religious organization  occupying  the  place  of  worship  accepts  the  payment  of  funds to defray costs related to another party's use of the  building.    9. On or within ninety days of the effective date of this section, any  person who holds a license under section sixty-four of this  article  to  sell beer, wine and liquor at retail for consumption on the premises and  who  operates  pursuant  to  the  provisions  of subdivision six of this  section shall file an application with the liquor authority  to  convert  such  license  into  a  license  under this section. Such an application  shall be granted by the authority  except  for  good  cause  shown.  The  granting  of  such  an  application  shall constitute conversion of said  license into a cabaret license subject to the provisions of this chapter  applicable to cabaret licenses  issued  under  this  section;  provided,  however,  that  no licensee applying for such conversion shall be denied  on the grounds that such application fails to meet the  requirements  of  subdivision eight of this section.    10.  All other provisions of this chapter relative to licenses to sell  liquor at retail for consumption on the premises shall apply as  far  as  applicable.

State Codes and Statutes

Statutes > New-york > Abc > Article-5 > 64-d

§  64-d.  License  to  sell  liquor  on  premises  commonly known as a  cabaret.  1. Any person may make an  application  to  the  state  liquor  authority to operate a cabaret.    2.  Such  application  shall  be  in  such form and shall contain such  information as shall be required by the liquor authority  and  shall  be  accompanied  by  a check or draft in the amount required by this article  for such license.    * 3. Upon receipt of an  original  or  a  renewal  application  for  a  license  under this section, the applicant shall notify the clerk of the  village, town or city, as the case may be,  by  certified  mail,  return  receipt  requested,  wherein  the prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective until January 11, 2011    * 3.  Upon  receipt  of  an  original  or  a renewal application for a  license under this section, the applicant shall notify the clerk of  the  village,  town  or  city,  as  the case may be, by certified mail return  receipt requested, overnight delivery service with proof of mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective January 11, 2011    4.  Section  fifty-four  of  this  chapter  shall  control  so  far as  applicable the procedure in connection with such application.    5. Such cabaret license shall in form and in substance be a license to  the person specifically licensed to operate a cabaret and sell liquor at  retail to be  consumed  on  the  premises  specifically  licensed.  Such  license  shall also be deemed to include a license to sell wine and beer  at retail to be consumed under the same terms  and  conditions,  without  the payment of any additional fee.    6. A license under this section shall be required of any licensee upon  whose premises musical entertainment, singing, dancing or other forms of  entertainment  is  permitted; provided, however, that this section shall  only  apply  to  licensees  whose  premises  have  a  capacity  for  theassemblage  of  six  hundred  or more persons. Nothing contained in this  subdivision shall be construed as requiring a license under this section  by an establishment licensed under section sixty-four or  paragraph  (b)  of subdivision six of section sixty-four-a of this article.    7.  The  authority  shall consider all of the following in determining  whether public convenience and advantage and the public interest will be  promoted by the granting of a license pursuant to this section:    (a) the number, classes and character of licenses in proximity to  the  location and in the particular municipality or subdivision thereof;    (b)  evidence  that applicants have secured all necessary licenses and  permits from the state and all other governing bodies;    (c) the effect that the granting of the license will have on vehicular  traffic and parking in the proximity of 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; and    (f) any other factors specified by law or regulation that are relevant  to determine the public convenience or advantage and necessary  to  find  that the granting of such license shall be in the public interest.    8.  No  cabaret  license 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 an existing premises licensed and  operating pursuant to the provisions of this  section,  or  within  five  hundred  feet  of three or more existing premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b, and/or sixty-four-c of this article.    (c) the measurements in paragraphs (a) and (b) of this subdivision are  to be taken in straight lines from the center of the nearest entrance of  the premises sought to be licensed to the center of the nearest entrance  of  such  school,  church, synagogue or other place of worship or to the  center of the nearest  entrance  of  each  such  premises  licensed  and  operating   pursuant   to   this   section   and   sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article;  except  that no license shall be denied to any premises at which a license under  this chapter has been in existence continuously from a date prior to the  date when a building on the same street or avenue and within two hundred  feet of said premises has been occupied exclusively as a school, church,  synagogue or other place of worship; and except that no license shall be  denied to any premises, which is within five hundred feet of an existing  premises  licensed  and  operating  pursuant  to  the provisions of this  section or which is within five hundred feet of three or  more  existing  premises  licensed  and  operating pursuant to this section and sections  sixty-four, sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this  article,  at  which  a  license under this chapter has been in existence  continuously  on  or  prior  to   November   first,   nineteen   hundred  ninety-three. The liquor authority, in its discretion, may authorize the  removal  of  any  such  licensed premises to a different location on the  same street or avenue, within two hundred feet of said  school,  church,  synagogue  or other place of worship, provided that such new location is  not within a closer distance to such school, church, synagogue or  other  place of worship.    (d)  within the context of this subdivision, the word "entrance" shall  mean a door of a school, of a house of worship, or of premises  licensedand   operating  pursuant  to  this  section  and  sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this  article  or  of  the  premises  sought  to be licensed, regularly used to give ingress to  students  of  the  school,  to the general public attending the place of  worship, and to patrons or guests of the premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this article or of the premises  sought to be licensed, except that where a school or house of worship or  premises licensed and operating pursuant to this  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of this  article or the premises sought to be licensed is set back from a  public  thoroughfare,  the  walkway  or stairs leading to any such door shall be  deemed an entrance; and the measurement shall be taken to the center  of  the  walkway  or stairs at the point where it meets the building line or  public thoroughfare. A door which has no exterior hardware, or which  is  used  solely  as an emergency or fire exit, or for maintenance purposes,  or which leads directly to a part of a building not  regularly  used  by  the general public or patrons, is not deemed an "entrance".    (e)   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 an existing  premises licensed and operating  pursuant  to  the  provisions  of  this  section  or  within five hundred feet of three or more existing premises  licensed and operating pursuant to this section and sections sixty-four,  sixty-four-a, sixty-four-b, and/or  sixty-four-c  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.  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 an existing premises licensed and  operating  pursuant  to  the provisions of this section or 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,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.    (f) Within the context of this subdivision, a building occupied  as  a  place  of worship does not cease to be "exclusively" occupied as a place  of worship by incidental uses that are not of a nature to  detract  from  the  predominant  character  of the building as a place of worship, such  uses which include, but which are not limited to: the conduct of legally  authorized games of bingo or other games of chance held as  a  means  of  raising  funds  for  the  not-for-profit  religious  organization  which  conducts services at the place of worship or  for  other  not-for-profit  organizations   or   groups;   use  of  the  building  for  fund-raising  performances by or benefitting the not-for-profit religious organization  which conducts services at the place of worship or other  not-for-profit  organizations  or  groups;  the  use  of the building by other religious  organizations or groups for religious services or  other  purposes;  the  conduct  of  social activities by or for the benefit of the congregants;  the use of the building for meetings held  by  organizations  or  groups  providing  bereavement counseling to persons having suffered the loss ofa loved one, or providing advice or support for conditions  or  diseases  including,  but  not  limited  to,  alcoholism,  drug addiction, cancer,  cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use  of  the  building  for  blood  drives, health screenings, health information  meetings, yoga classes, exercise classes or other activities intended to  promote the health of the congregants or other persons; and use  of  the  building  by  non-congregant members of the community for private social  functions. The building occupied as a place of worship does not cease to  be "exclusively" occupied as a place of worship where the not-for-profit  religious organization  occupying  the  place  of  worship  accepts  the  payment  of  funds to defray costs related to another party's use of the  building.    9. On or within ninety days of the effective date of this section, any  person who holds a license under section sixty-four of this  article  to  sell beer, wine and liquor at retail for consumption on the premises and  who  operates  pursuant  to  the  provisions  of subdivision six of this  section shall file an application with the liquor authority  to  convert  such  license  into  a  license  under this section. Such an application  shall be granted by the authority  except  for  good  cause  shown.  The  granting  of  such  an  application  shall constitute conversion of said  license into a cabaret license subject to the provisions of this chapter  applicable to cabaret licenses  issued  under  this  section;  provided,  however,  that  no licensee applying for such conversion shall be denied  on the grounds that such application fails to meet the  requirements  of  subdivision eight of this section.    10.  All other provisions of this chapter relative to licenses to sell  liquor at retail for consumption on the premises shall apply as  far  as  applicable.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-5 > 64-d

§  64-d.  License  to  sell  liquor  on  premises  commonly known as a  cabaret.  1. Any person may make an  application  to  the  state  liquor  authority to operate a cabaret.    2.  Such  application  shall  be  in  such form and shall contain such  information as shall be required by the liquor authority  and  shall  be  accompanied  by  a check or draft in the amount required by this article  for such license.    * 3. Upon receipt of an  original  or  a  renewal  application  for  a  license  under this section, the applicant shall notify the clerk of the  village, town or city, as the case may be,  by  certified  mail,  return  receipt  requested,  wherein  the prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective until January 11, 2011    * 3.  Upon  receipt  of  an  original  or  a renewal application for a  license under this section, the applicant shall notify the clerk of  the  village,  town  or  city,  as  the case may be, by certified mail return  receipt requested, overnight delivery service with proof of mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be  located or, in the case of an  application  for  renewal,  where  it  is  presently  located, not less than thirty days prior to the submission of  its application for a license  under  this  section  or  for  a  renewal  thereof.    For the purposes of the preceding sentence notification need  only be given to the clerk of a village when  such  premises  is  to  be  located  within  the boundaries of the village. In the city of New York,  the community board established pursuant to section twenty-eight hundred  of the New York city charter with jurisdiction over the  area  in  which  such  licensed  premises  is  to  be  located  shall  be  considered the  appropriate public body to  which  notification  shall  be  given.  Such  municipality  or  community  board,  as  the case may be, may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor authority makes  its determination to grant or deny such license.    * NB Effective January 11, 2011    4.  Section  fifty-four  of  this  chapter  shall  control  so  far as  applicable the procedure in connection with such application.    5. Such cabaret license shall in form and in substance be a license to  the person specifically licensed to operate a cabaret and sell liquor at  retail to be  consumed  on  the  premises  specifically  licensed.  Such  license  shall also be deemed to include a license to sell wine and beer  at retail to be consumed under the same terms  and  conditions,  without  the payment of any additional fee.    6. A license under this section shall be required of any licensee upon  whose premises musical entertainment, singing, dancing or other forms of  entertainment  is  permitted; provided, however, that this section shall  only  apply  to  licensees  whose  premises  have  a  capacity  for  theassemblage  of  six  hundred  or more persons. Nothing contained in this  subdivision shall be construed as requiring a license under this section  by an establishment licensed under section sixty-four or  paragraph  (b)  of subdivision six of section sixty-four-a of this article.    7.  The  authority  shall consider all of the following in determining  whether public convenience and advantage and the public interest will be  promoted by the granting of a license pursuant to this section:    (a) the number, classes and character of licenses in proximity to  the  location and in the particular municipality or subdivision thereof;    (b)  evidence  that applicants have secured all necessary licenses and  permits from the state and all other governing bodies;    (c) the effect that the granting of the license will have on vehicular  traffic and parking in the proximity of 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; and    (f) any other factors specified by law or regulation that are relevant  to determine the public convenience or advantage and necessary  to  find  that the granting of such license shall be in the public interest.    8.  No  cabaret  license 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 an existing premises licensed and  operating pursuant to the provisions of this  section,  or  within  five  hundred  feet  of three or more existing premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b, and/or sixty-four-c of this article.    (c) the measurements in paragraphs (a) and (b) of this subdivision are  to be taken in straight lines from the center of the nearest entrance of  the premises sought to be licensed to the center of the nearest entrance  of  such  school,  church, synagogue or other place of worship or to the  center of the nearest  entrance  of  each  such  premises  licensed  and  operating   pursuant   to   this   section   and   sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article;  except  that no license shall be denied to any premises at which a license under  this chapter has been in existence continuously from a date prior to the  date when a building on the same street or avenue and within two hundred  feet of said premises has been occupied exclusively as a school, church,  synagogue or other place of worship; and except that no license shall be  denied to any premises, which is within five hundred feet of an existing  premises  licensed  and  operating  pursuant  to  the provisions of this  section or which is within five hundred feet of three or  more  existing  premises  licensed  and  operating pursuant to this section and sections  sixty-four, sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this  article,  at  which  a  license under this chapter has been in existence  continuously  on  or  prior  to   November   first,   nineteen   hundred  ninety-three. The liquor authority, in its discretion, may authorize the  removal  of  any  such  licensed premises to a different location on the  same street or avenue, within two hundred feet of said  school,  church,  synagogue  or other place of worship, provided that such new location is  not within a closer distance to such school, church, synagogue or  other  place of worship.    (d)  within the context of this subdivision, the word "entrance" shall  mean a door of a school, of a house of worship, or of premises  licensedand   operating  pursuant  to  this  section  and  sections  sixty-four,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this  article  or  of  the  premises  sought  to be licensed, regularly used to give ingress to  students  of  the  school,  to the general public attending the place of  worship, and to patrons or guests of the premises licensed and operating  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of  this article or of the premises  sought to be licensed, except that where a school or house of worship or  premises licensed and operating pursuant to this  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b,  and/or  sixty-four-c  of this  article or the premises sought to be licensed is set back from a  public  thoroughfare,  the  walkway  or stairs leading to any such door shall be  deemed an entrance; and the measurement shall be taken to the center  of  the  walkway  or stairs at the point where it meets the building line or  public thoroughfare. A door which has no exterior hardware, or which  is  used  solely  as an emergency or fire exit, or for maintenance purposes,  or which leads directly to a part of a building not  regularly  used  by  the general public or patrons, is not deemed an "entrance".    (e)   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 an existing  premises licensed and operating  pursuant  to  the  provisions  of  this  section  or  within five hundred feet of three or more existing premises  licensed and operating pursuant to this section and sections sixty-four,  sixty-four-a, sixty-four-b, and/or  sixty-four-c  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.  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 an existing premises licensed and  operating  pursuant  to  the provisions of this section or 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,  sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.    (f) Within the context of this subdivision, a building occupied  as  a  place  of worship does not cease to be "exclusively" occupied as a place  of worship by incidental uses that are not of a nature to  detract  from  the  predominant  character  of the building as a place of worship, such  uses which include, but which are not limited to: the conduct of legally  authorized games of bingo or other games of chance held as  a  means  of  raising  funds  for  the  not-for-profit  religious  organization  which  conducts services at the place of worship or  for  other  not-for-profit  organizations   or   groups;   use  of  the  building  for  fund-raising  performances by or benefitting the not-for-profit religious organization  which conducts services at the place of worship or other  not-for-profit  organizations  or  groups;  the  use  of the building by other religious  organizations or groups for religious services or  other  purposes;  the  conduct  of  social activities by or for the benefit of the congregants;  the use of the building for meetings held  by  organizations  or  groups  providing  bereavement counseling to persons having suffered the loss ofa loved one, or providing advice or support for conditions  or  diseases  including,  but  not  limited  to,  alcoholism,  drug addiction, cancer,  cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use  of  the  building  for  blood  drives, health screenings, health information  meetings, yoga classes, exercise classes or other activities intended to  promote the health of the congregants or other persons; and use  of  the  building  by  non-congregant members of the community for private social  functions. The building occupied as a place of worship does not cease to  be "exclusively" occupied as a place of worship where the not-for-profit  religious organization  occupying  the  place  of  worship  accepts  the  payment  of  funds to defray costs related to another party's use of the  building.    9. On or within ninety days of the effective date of this section, any  person who holds a license under section sixty-four of this  article  to  sell beer, wine and liquor at retail for consumption on the premises and  who  operates  pursuant  to  the  provisions  of subdivision six of this  section shall file an application with the liquor authority  to  convert  such  license  into  a  license  under this section. Such an application  shall be granted by the authority  except  for  good  cause  shown.  The  granting  of  such  an  application  shall constitute conversion of said  license into a cabaret license subject to the provisions of this chapter  applicable to cabaret licenses  issued  under  this  section;  provided,  however,  that  no licensee applying for such conversion shall be denied  on the grounds that such application fails to meet the  requirements  of  subdivision eight of this section.    10.  All other provisions of this chapter relative to licenses to sell  liquor at retail for consumption on the premises shall apply as  far  as  applicable.