Community Board 4 Rejects Liquor License Applications
BY RICHARD GENTILVISO
Enforcing a much overlooked law designed to help protect local communities, Community Board 4 turned down two liquor license applications in Elmhurst and Corona based on the "500-foot rule" last week.

Liquor licenses are routinely handled by the State Liquor Authority (SLA) in New York. About 10 years ago, the state legislature passed a 500-foot rule to restrict bars and clubs from impinging on neighborhoods around them. The law limits new liquor licenses where three or more licensed places already exist within 500 feet of each other. But the SLA rarely, if ever, enforces it.

Reacting to public outcry after the murders of two women who had been drinking in bars in 2006, the SLA imposed a four-month moratorium on new liquor licenses in Manhattan last September.

However, the city council is calling on the state legislature to authorize the city to create its own alcohol beverage control board, independent of the SLA, to enforce laws. A city alcohol beverage control board needs the state's approval, however, making the establishment of such a board an unlikely occurrence. In a report issued by the city council on December 29, the council said, "[SLA] has proven ill-equipped to identify and preemptively deal with the city's nightlife problems before they get out of hand," according to a December 29 New York Sun report.

Critics of the SLA say the SLA does not have enough agents to enforce the law or monitor bars and clubs, once they are granted a license.

The city council is also seeking to change the minimum age for entrance into bars and clubs from 16 to 18.

At its January meeting in Corona, Community Board 4 voted down an application for a new on-premise liquor license at the Ivis Bar Tavern, 102-03 44th Ave. and renewal licenses for a wine liquor license at Michael's Restaurant, 96-06 43rd Avenue and 43-01 Junction Blvd., all in Corona, based on the 500- foot limitation.

The board also turned down applications for three other establishments which had been cited by police for serving liquor to minors and other reasons. However, community boards are only advisory and the SLA can overrule their decisions. A local alcohol beverage control board would have the power to decide.

The New York City Police Department and representatives of the New York Nightlife Association have agreed to meet this year to discuss problems such as underage drinking and the impact of clubs and bars on neighborhoods.

In a New York Times editorial Oct. 8, 2006, "The police would surely get better cooperation from the clubs if the city had greater say over whether owners could keep their [liquor] licenses."

In other business, the board overwhelmingly approved a rezoning for Junction Boulevard at Corona and 50th Avenues. The rezoning applies only to a specific property in question. The parcel of land, in a residential zone, has been used commercially and will be rezoned for commercial use.

"The plan is to legalize the premises," said District Manager Richard Italiano. The rezoning will allow the owners to get financing for a new building that can attract a high-quality client, Italiano said. Two existing residential properties on 50th Avenue will not be affected by the rezoning, he said.