Is the operation of McArthur's Liquor's illegal? There are a few things that need to be addressed in  regards to the McArthur's new venture, McArthur's Liquors.

The liquor store is located across the street from a church and close to a school. Pursuant to NYS Law of the Alcohol Beverge Consumption Law Article Five §  64-a 7.  (a)  No  special  on-premises  license  shall  be  granted for anypremises which shall be
    (i) on the same street or avenue and within  two  hundred  feet  of  a building  occupied  exclusively  as a school, church, synagogue or other place of worship or
    (ii) in a city, town or village having a population of twenty thousand or more within five hundred feet of  three  or  more  existing  premises licensed and operating pursuant to this section and sections sixty-four,sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; *This section indicates that another liquor store can open in the storefront next to K & D Deli despite what the McArthurs say that their the only ones that can open a liquor store.
 
A call to the NYS Liquor Authority confirmed that the above applies to both on and off premise license holders.


Note the photo below...the Hyde Park Bapist Church is directly across the street, approximately 200 feet from the Haviland Shopping Center.

In addition, apparently the McArthurs had a wine/liquor tasting event at their grand opening. In order to do so, again, per NYS Law, Article Six § 80. Wine  tasting.  1.  Except  as  otherwise  provided  for in this chapter, any person licensed to sell wine pursuant to this  article,  or section  sixty-three  or  section seventy-nine of this chapter, shall be permitted to conduct wine tastings only upon the licensed premises. Wine tastings which are conducted under the auspices of an official agent  of a  farm  winery, winery, wholesaler, or importer and where such agent is physically present at all times during the conduct of the tasting, then,in that event, any liability stemming from a right of  action  resulting from  a  wine  tasting  as authorized herein, and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the farm winery, winery, wholesaler, or importer.

The call to the NYS Liquor Authority confirmed that a licensed official who represents the vendor or wholesaler must be in attendence for both wine and liquor tasting. Was a licensed vendor in fact present throughout the duration of the sampling?

Questions should be raised. The representative that we spoke with mentioned a 250/500 foot rule in regards to the licensing of on/off premise businesses. How did the McArthur's obtain a license given that they are across the street from a church.  Did they in fact have a licensed official from the vendor in attendence throughout the entire tasting event? Or, in typical McArthur fashion eschrew the law and do what they want to do.