The language of the New York State Alcoholic Beverage Control Law prohibits certain licences from being issued if the establishment is on the same street and within 200 feet of a building being “used exclusively as a school, church, synagogue or other place of worship…”. To the extent that many churches in Harlem are not used “exclusively” as churches, but also serve other secular functions, these other functions may suffice to permit the issuance of a license.

In addition, exceptions to the rule exist, including, for example, that licences that were issued to an establishment operating in a certain location prior to when a building within 200 feet first began to be used as a church/school, such establishments may continue to renew their licences.

Also, the statute allows a licensee to move a licensed premises that has an exception to another location within 200 feet of the school/church, as long as the new location is not closer than the old location. While this is generally interpreted to mean that the licensed premises may move to a new location within 200 feet of the same school/church, it may be argued that the statute permits the licensee to move to within 200 feet of another school/church as well, since once the original establishment is moved, no further licences may be issued at that location.

What’s the deal? Is that law and that often used excuse valid? How do these business seem to get around that law? Curious because it’s been a heavily used excuse, and by the looks of it, business sell alcohol within 75′ of a church/school with no problem in Harlem. Again, the Den used to be next door sharing the same wall with a Church…