Filed Date: 7/16/1980
Status: Precedential
Modified Date: 7/5/2016
Everett J. Johns, Esq. Clarkstown Town Attorney
You request our opinion whether your town has power to adopt certain proposed zoning regulations relating to the sale and consumption of alcoholic beverages. The Rockland County Restaurant, Hotel and Tavern Association, Inc. has asked for the regulations applicable to the issuance of new licenses. The Association wishes to restrict premises in which alcoholic beverages could be sold and/or consumed to those having a special permit which could be issued only (1) if the premises were located 500 feet or more from a place of worship or a school (the Alcoholic Beverage Control Law §
The requested regulations would if adopted tend to reinstitute the monopolistic conditions in the business deplored in the reports of the Moreland Commission which led to the amendments, commencing with chapter 531 of the Laws of 1964, to the Alcoholic Beverage Control Law.
Alcoholic Beverage Control Law §
In our opinion, a municipality cannot regulate the place of sale and consumption of alcoholic beverages by requiring special permits under zoning regulations.