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One of the concerns some Carroll Gardens residents had about the controversial Hoyt Street oyster bar, whose application for a liquor license was hotly debated at Community Board 6 this Spring, is that it’s near both a school and a church. Opponents of the business said the bar shouldn’t be granted a liquor license because by some measures it’s within 200 feet of a church, which would mean the State Liquor Authority couldn’t give it the green light. The brouhaha no doubt influenced bills that’ve been introduced in both the Senate and Assembly to close a “liquor license loophole” under which bar owners move the door of their establishments so the entrance isn’t within 200 feet of a house of worship or a school. Assemblywoman Joan Millman, who represents the district that includes Carroll Gardens, intro’d the bill in the State Assembly. This change would not cost the state a dime, but it certainly would benefit our neighborhoods immensely, said Millman in a statement (copy on jump). I have introduced this bill largely in response to community input that we close this loophole. Paul Nelson, Millman’s spokesperson, said that problems with business owners exploiting the loophole aren’t particular to Carroll Gardens, but it’s become a bigger concern for residents as the neighborhood transforms into “more of a destination area for bars.”
Shucks! Oyster Bar Dredges Up Controversy [Brownstoner]
Photo by ‘Mr. History.

Assemblywoman Joan Millman has introduced legislation to close a loophole which allows establishments applying for liquor licenses that are located within 200 feet of a school, church, synagogue or other place of worship to evade the 200 foot rule by moving the entrance of their establishment. The 200 foot rule prevents an establishment from receiving a liquor license from the New York State Liquor Authority (SLA) if the entrance to the establishment lies within 200 feet of a school, church, synagogue or other places of worship.

In response to this growing problem, as well as numerous complaints by residents of quiet, residential streets, Assemblywoman Millman has introduced Assembly Bill 11364. This bill would amend the SLA’s standards in relation to the 200 foot rule between a liquor establishment and a school, church, synagogue or place of worship from measuring between entryways to measuring between the closest property line of the liquor establishment and the entryway of the school, church, synagogue or other place of worship. Too often, a bar simply moves its entryway so that it is compliant with the letter of the law; however, the spirit of this law is to prevent bars from being too close to a school, church, synagogue or other place of worship.

This change would not cost the state a dime, but it certainly would benefit our neighborhoods immensely, Millman stated. I have introduced this bill largely in response to community input that we close this loophole.


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  1. Once they have a liquor license – the ‘theme’ or demographic they appeal to can change at whim.
    Yes, they are using this anitiquated rule about schools and churches but there does not seem to be much other protection against the over proliferation of these places in our neighborhoods.
    The commercial ‘overlays’ in residential areas (which is what Smith st , 5th avenue, and the corner of Hoyt/Union are) – are to provide retail services for the residents primarily. Unfortunately, they have recently developed as night life zones servicing the broader city.
    And yes, quality of life issues then are affected whether you want to admit or not.
    Businesses that are open past a certain hour,
    and that conduct their business on sidewalks, courtyards and backyards are a disturbance to nearby residents.
    Also, sanitation (greasy sidewalks, curbs – spilled garbage and rat problems become worse with the over-saturation of restaurants.

  2. Of course Millman is all against this. Oh my god, a bar, in NYC. I suggest we all call Millman’s office and state we want the bar to open and oppose her position. Tell her you live in the neighborhood:

    Millman’s
    DISTRICT OFFICE
    341 Smith Street
    Brooklyn, NY 11231

    718-246-4889 ALBANY OFFICE
    510 Capitol
    Albany, NY 12248
    518-455-5426

  3. What’s the big deal? These people need to take the stick out of their a**. How much noise will an oyster bar make? I could see if it were a nightclub, but this will be a yuppie hangout patronized by people who are just as anal-retentive about neighborhood noise as those seeking to prevent this establishment from opening.

  4. Are we Puritans? Need we protect church goers from the mere sight of a bar? Is the lure of demon rum too much temptation for good Christian folk? Really…what a stupid regulation and shame on our electeds for wasting time on this….

    Schools? Ok – I can see that you might not want kids to bear witness too closely to the lush life. Or even sneak a pint during recess. But come on! Schools: happen during the day. Bars and drinking: happen at night (for the most part…)

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