1. Transfer Applications

A transfer application should include the same method of operation as the existing business and incorporate any stipulations regarding method of operation which were signed by the original owner.  However, Community Board #3 will consider requests to modify existing stipulations for transferred licenses if the revised stipulations will not substantially alter the existing method of operation.

2. 500 Foot Rule

Community Board #3 abides by the 500 foot rule.  Applicants for full liquor licenses that are subject to the 500 foot rule of the New York State Alcohol Beverage Control Law will be denied unless they can establish that an approval of the license would be in the public interest.  Community Board #3 will strictly scrutinize such applications and applicants should refer to the New York State Liquor Authority criteria regarding public interest in preparing their community board applications.  In considering public interest, Community Board #3 may address these same criteria, including: 1) the number, class and character of existing licensed premises within 500 feet, 2) whether an applicant has obtained all necessary government licenses and permits for the proposed business, 3) the effect of an additional licensed premise on vehicular traffic and parking, 4) the impact of an additional licensed premise on the existing noise level, 5) the history of violations and reported criminal activity at the subject location, and 6) any other factor specified by law or regulation that would be relevant to deciding whether public convenience and advantage, as well as the public interest, would be served by approving the application.

Zoning Issues

3. Community Board 3 will not approve additional eating & drinking establishments in residentially zoned districts.

a. Therefore, if there is a “grandfathered” commercial site, that is not currently an eating/drinking establishment, and it is inappropriately located in a residential district, Community Board 3 will not approve a license to allow the “grandfathered” non-residential use to become an eating or drinking establishment.

b. If a residential location with a "grandfathered" commercial establishment becomes vacant for two or more years, Community Board 3 will not approve a new license for the location.

c. Community Board 3 will not approve a license extended to a rear yard in a residential zone with a commercial overlay.

d. It should be noted that Community Board 3 strictly adheres to zoning regulations that do not allow expansion of "grandfathered" use of commercial establishments in residential areas.  Therefore, licenses cannot be extended to back yards or other floors or sidewalk cafes or increased floor space in residentially zoned areas.