senate Bill S3241

Adds to list of premises which are exempt from provisions that restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Feb / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 12 / Apr / 2011
    • 1ST REPORT CAL.360
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 04 / May / 2011
    • SUBSTITUTED BY A5150

Summary

Adds land in the Town of Hopewell on which the Friends of the Finger Lakes Performing Arts Center, Inc. operates, to the list of premises which are exempt from the provisions of law which generally restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.

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Bill Details

See Assembly Version of this Bill:
A5150
Versions:
S3241
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101 & 106, ABC L

Votes

4
0
4
Aye
0
Nay
2
aye with reservations
0
absent
2
excused
0
abstained
show Investigations and Government Operations committee vote details
aye wr (2)
excused (2)

Sponsor Memo

BILL NUMBER:S3241

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the
exemption of certain parcels of land

PURPOSE OR GENERAL IDEA OF BILL:
To allow the Friends of the Finger
Lakes Performing Arts Center ("CMAC") to get a single license for its
May to October season.
Currently, the caterer hired by CMAC is required to obtain an
individual day event license for each of the individual bar locations
for each of the individual events held at the facility.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds The Finger Lakes
Performing Arts Center ("CMAC") to the list of entities that are
exempt from subdivision 1 of section 101 of the alcoholic beverage
control law.

Section 2 contains the effective date.

JUSTIFICATION:
CMAC is managed by a Board of Directors which counts,
among its members, individuals who are also directors of alcoholic
beverage industry members. Current law prohibits a company which has
an association with an alcoholic beverage producer from obtaining a
retail license. This prevents CMAC from obtaining a single, seasonal
license at the facility to sell beer, wine and distilled spirits to
consumers attending summer concerts. It makes it necessary for the
caterer hired by CMAC to obtain an individual day event license for
each of the individual bar locations for each of the individual
events held at the facility.

This technical restriction which prohibits CMAC from obtaining a
seasonal license, makes it very difficult for the caterer, who is
then forced to obtain, each year, numerous site event permits to sell
alcoholic beverages.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3241

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  exemption of certain parcels of land

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 101 of the  alco-
holic  beverage  control  law,  as amended by chapter 390 of the laws of
2010, is amended to read as follows:
  (a) Be interested directly or indirectly in  any  premises  where  any
alcoholic  beverage is sold at retail; or in any business devoted wholly
or partially to the sale of any alcoholic beverage at  retail  by  stock
ownership,  interlocking  directors, mortgage or lien or any personal or
real property, or by any other means. The provisions of  this  paragraph
shall  not  apply  to (i) any such premises or business constituting the
overnight lodging and resort facility located wholly within the  bounda-
ries  of  the  town  of  North  Elba,  county of Essex, township eleven,
Richard's survey, great  lot  numbers  two  hundred  seventy-eight,  two
hundred  seventy-nine, two hundred eighty, two hundred ninety-eight, two
hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three
hundred  nineteen,  three  hundred twenty, three hundred thirty-five and
three hundred thirty-six, and township twelve, Thorn's survey, great lot
numbers one hundred six and  one  hundred  thirteen,  as  shown  on  the
Adirondack  map, compiled by the conservation department of the state of
New York - nineteen hundred sixty-four  edition,  in  the  Essex  county
atlas  at  page  twenty-seven in the Essex county clerk's office, Eliza-
bethtown, New York, provided that such facility maintains not less  than
two  hundred fifty rooms and suites for overnight lodging, (ii) any such
premises or business  constituting  the  overnight  lodging  and  resort
facility located wholly within the boundaries of that tract or parcel of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08919-01-1

S. 3241                             2

land situate in the city of Canandaigua, county of Ontario, beginning at
a  point  in  the northerly line of village lot nine where it meets with
South Main Street, thence south sixty-nine  degrees  fifty-four  minutes
west a distance of nine hundred sixteen and twenty-three hundredths feet
to an iron pin; thence in the same course a distance of fourteen feet to
an  iron pin; thence in the same course a distance of fourteen and four-
tenths feet to  a  point;  thence  south  fifteen  degrees  thirty-eight
minutes  and forty seconds east a distance of four hundred forty-six and
eighty-seven hundredths feet  to  a  point;  thence  south  twenty-eight
degrees  thirty-seven  minutes  and fifty seconds east a distance of one
hundred thirteen and eighty-four hundredths  feet  to  a  point;  thence
south  eighty-five  degrees  and  forty-seven minutes east a distance of
forty-seven and sixty-one hundredths feet to an iron pin; thence on  the
same  course  a distance of three hundred and sixty-five feet to an iron
pin; thence north seventeen degrees twenty-one minutes and  ten  seconds
east  a  distance  of four hundred fifty-seven and thirty-two hundredths
feet to an iron pin; thence north nineteen degrees  and  thirty  minutes
west  a  distance of two hundred and forty-eight feet to a point; thence
north sixty-nine degrees and fifty-four minutes east a distance  of  two
hundred  eighty-four  and  twenty-six hundredths feet to a point; thence
north nineteen degrees and thirty minutes west a distance of sixty  feet
to  the  point and place of beginning, provided that such facility main-
tains not less than one hundred twenty rooms and  suites  for  overnight
lodging,  (iii) any such premises or business constituting the overnight
lodging facility located wholly within the boundaries of that  tract  or
parcel  of land situated in the borough of Manhattan, city and county of
New York, beginning at a point on the  northerly  side  of  west  fifty-
fourth street at a point one hundred feet easterly from the intersection
of  the said northerly side of west fifty-fourth street and the easterly
side of seventh avenue; running thence northerly and parallel  with  the
easterly  side  of  seventh  avenue  one hundred feet five inches to the
center line of the block; running thence easterly and parallel with  the
northerly  side of west fifty-fourth street and along the center line of
the block fifty feet to a point; running thence northerly  and  parallel
with the easterly side of seventh avenue one hundred feet five inches to
the  southerly  side  of  west fifty-fifth street at a point distant one
hundred fifty feet easterly from the intersection of the said  southerly
side of west fifty-fifth street and the easterly side of seventh avenue;
running  thence  easterly  along  the southerly side of west fifty-fifth
street thirty-one feet three inches to a point; running thence southerly
and parallel with the easterly side of the seventh  avenue  one  hundred
feet five inches to the center line of the block; running thence easter-
ly  along  the  center line of the block and parallel with the southerly
side of west fifty-fifth street, one hundred feet; running thence north-
erly and parallel with the easterly side of seventh avenue  one  hundred
feet  five  inches  to  the  southerly  side of west fifty-fifth street;
running thence easterly along the southerly  side  of  west  fifty-fifth
street  twenty-one  feet  ten  and  one-half  inches to a point; running
thence southerly and parallel with the easterly side of  seventh  avenue
one  hundred  feet  five inches to the center line of the block; running
thence westerly along the center line of the block and parallel with the
northerly side of west fifty-fourth street three feet one  and  one-half
inches;  running thence southerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to  the  northerly  side  of
west  fifty-fourth street at a point distant three hundred feet easterly
from the intersection of the said northerly side  of  west  fifty-fourth

S. 3241                             3

street  and the easterly side of seventh avenue; running thence westerly
and along the northerly side of west  fifty-fourth  street  two  hundred
feet  to  the  point  or place of beginning, provided that such facility
maintains  not  less  than four hundred guest rooms and suites for over-
night lodging, (iv) any such premises or business located on that  tract
or parcel of land, or any subdivision thereof, situate in the Village of
Lake Placid, Town of North Elba, Essex County, New York; it being also a
part  of  Lot  No.   279, Township No. 11, Old Military Tract, Richard's
Survey; it being also all of Lot No. 23 and part of Lot No. 22 as  shown
and designated on a certain map entitled "Map of Building Sites for Sale
by  B.R.  Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL
No. 1 on a certain map of lands of Robert J. Mahoney and  wife  made  by
G.C.  Sylvester, P.E.   & L.S.  # 21300, dated August 4, 1964, and filed
in the Essex County Clerk's Office on August 27, 1964, and more  partic-
ularly  bounded  and described as follows; BEGINNING at the intersection
of the northerly bounds of Shore Drive (formerly Mirror Street) with the
westerly bounds of Park Place (formerly Rider  Street)  which  point  is
also  the  northeast corner of Lot No. 23, from thence South 21°50' East
in the westerly bounds of Park Place a distance of  119  feet,  more  or
less,  to  a lead plug in the edge of the sidewalk marking the southeast
corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
South 68°00'50" West a distance of 50.05 feet to an  iron  pipe  set  in
concrete  at  the  corner of Lots 23 and 22; from thence South 65°10'50"
West a distance of 7.94 feet along the south line of Lot No.  22  to  an
iron  pipe  for  a corner; from thence North 23°21'40" West and at 17.84
feet along said line passing over a drill hole in a  concrete  sidewalk,
and  at  68.04 feet further along said line passing over an iron pipe at
the southerly edge of another sidewalk, and at 1.22 feet  further  along
said  line  passing  over  another  drill  hole  in  a sidewalk, a total
distance of 119 feet, more or less, to the northerly line  of  Lot.  No.
22;  from  thence easterly in the northerly line of Lot 22 and 23 to the
northeast corner of Lot No. 23 and the point of beginning. Also  includ-
ing the lands to the center of Shore Drive included between the norther-
ly  straight  line continuation of the side lines of the above described
parcel, and to the center of Park  Place,  where  they  abut  the  above
described premises SUBJECT to the use thereof for street purposes. Being
the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any  such  premises
or  business  located  on  that  certain piece or parcel of land, or any
subdivision thereof, situate, lying and being in  the  Town  of  Platts-
burgh,  County of Clinton, State of New York and being more particularly
bounded and described as follows: Starting at an iron pipe found in  the
easterly  bounds of the highway known as the Old Military Turnpike, said
iron pipe being located 910.39 feet southeasterly, as measured along the
easterly bounds of said highway, from the southerly bounds of the  road-
way  known  as  Industrial Parkway West, THENCE running S 31 ° 54' 33" E
along the easterly bounds  of  said  Old  Military  Turnpike  Extension,
239.88  feet  to a point marking the beginning of a curve concave to the
west; thence southerly along said curve, having a radius of 987.99 feet,
248.12 feet to an iron pipe found marking the point of beginning for the
parcel herein being described, said  point  also  marked  the  southerly
corner  of  lands  of  Larry  Garrow, et al, as described in Book 938 of
Deeds at page 224; thence N 07° 45' 4" E along the  easterly  bounds  of
said  Garrow,  748.16  feet  to  a  3"x4"  concrete monument marking the
northeasterly corner of said Garrow, the  northwesterly  corner  of  the

S. 3241                             4

parcel  herein being described and said monument also marking the south-
erly bounds of lands of Salerno Plastic Corp. as described in  Book  926
of  Deeds  at  Page  186;  thence S 81° 45' 28" E along a portion of the
southerly  bounds  of said Salerno Plastic Corp., 441.32 feet to an iron
pin found marking the northeasterly corner of the  parcel  herein  being
described  and  also marking the northwest corner of the remaining lands
now or formerly owned by said Marx and Delaura; thence S 07° 45'  40"  W
along  the  Westerly  bounds  of  lands now of formerly of said Marx and
DeLaura and along  the  easterly  bounds  of  the  parcel  herein  being
described,  560.49  feet  to an iron pin; thence N 83° 43' 21" W along a
portion of the remaining lands of said Marx and DeLaura, 41.51  feet  to
an  iron  pin;  thence S 08° 31' 30" W, along a portion of the remaining
lands of said Marx and Delaura,  75.01  feet  to  an  iron  pin  marking
northeasterly  corner  of lands currently owned by the Joint Council for
Economic  Opportunity  of  Plattsburgh  and  Clinton  County,  Inc.   as
described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
a  portion  of  the northerly bounds of said J.C.E.O., 173.50 feet to an
iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
erly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence  S  07°
45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
pin;  thence  S 66° 48' 56" W along a portion of the northerly bounds of
remaining lands of said Marx and DeLaura, 100.00 feet to  an  iron  pipe
found  on  the  easterly bounds of the aforesaid highway, said from pipe
also being located on a curve concave to the west;  thence  running  and
running northerly along the easterly bounds of the aforesaid highway and
being  along  said curve, with the curve having a radius of 987.93 feet,
60.00 feet to the point of beginning and containing 6.905 acres of land.
Being the same premises as conveyed to Ronald Marx  and  Alice  Marx  by
deed of CIT Small Business Lending Corp., as agent of the administrator,
U.S.  Small  Business  Administration,  an  agency  of the United States
Government dated September 10, 2001 and recorded in the  office  of  the
Clinton  County  Clerk  on  September 21, 2001 as Instrument #135020; or
(vi) any such premises or business located on the west side of New  York
state  route  414  in  military lots 64 and 75 located wholly within the
boundaries of that tract or parcel of land situated in the town of Lodi,
county of Seneca beginning at an iron pin on the assumed  west  line  of
New  York  State Route 414 on the apparent north line of lands reputedly
of White (lib. 420, page 155); said iron  pin  also  being  northerly  a
distance  of  1200 feet more or less from the centerline of South Miller
Road; Thence leaving the point of beginning north 85-17'-44" west  along
said  lands  of  White  a distance of 2915.90 feet to an iron pin Thence
north 03-52'-48" east along said lands of White, passing through an iron
pin 338.36 feet distant, and continuing further along that same course a
distance of 13.64 feet farther, the total distance being 352.00 feet  to
a point in the assumed centerline of Nellie Neal Creek; Thence in gener-
ally  a  north  westerly  direction  the following courses and distances
along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
a distance of 189.56 feet to a point; north 63-40'-00" west  a  distance
of  156.00  feet  to  a point; north 49-25'-00" west a distance of 80.00
feet to a point; south 80-21'-00" west a distance of  90.00  feet  to  a
point; north 72-03'-00" west a distance of 566.00 feet to a point; north
68-15'-00"  west  a distance of 506.00 feet to a point; north 55-16'-00"
west a distance of 135.00 feet to  a  point;  south  69-18'-00"  west  a
distance  of 200.00 feet to a point; south 88-00'-00" west a distance of
170.00 feet to a point on a tie line at or near the high water  line  of
Seneca Lake; Thence north 25-17'-00" east along said tie line a distance

S. 3241                             5

of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
an  iron pin; Thence north 06-56'-47" east along said lands of M. Wagner
a  distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
along lands reputedly of Schneider (lib. 429, page  37)  a  distance  of
50.10  feet  to  an  iron pipe; Thence north 07-49'-11" east along lands
reputedly of Oney (lib. 484, page 24) a distance of  50.00  feet  to  an
iron  pipe;  Thence  north  82-29'-40"  west  along said lands of Oney a
distance of 95.30 feet to an iron pipe on a tie  line  at  or  near  the
highwater  line  of Seneca Lake; Thence north 08-15'-22" east along said
tie line a  distance  of  25.00  feet  to  an  iron  pin;  Thence  south
82-28'-00"  east  along  lands  reputedly  of  Yu (lib. 405, page 420) a
distance of 96.53 feet to an iron pipe;  Thence  north  34-36'-59"  east
along  said  lands  of  Yu  a  distance  of 95.00 feet to a point in the
assumed centerline of Van Liew Creek; Thence in  generally  an  easterly
direction  the following courses and distances along the assumed center-
line of Van Liew Creek; north 72-46'-37" east a distance of 159.98  feet
to  a  point; north 87-53'-00" east a distance of 94.00 feet to a point;
south 71-12'-00" east a  distance  of  52.00  feet  to  a  point;  south
84-10'-00"  east  a distance of 158.00 feet to a point; south 59-51'-00"
east a distance of 160.00 feet to  a  point;  south  83-29'-00"  east  a
distance  of  187.00 feet to a point; Thence north 01-33'-40" east along
lands reputedly of Hansen (lib. 515, page 205) passing through  an  iron
pipe  32.62  feet distant, and continuing further along that same course
passing through an iron pin 205.38 feet farther,  and  continuing  still
further  along  that  same  course a distance of 21.45 feet farther, the
total distance being 259.45 feet to the assumed remains of a  White  Oak
stump;  Thence  north  69-16'-11" east along lands reputedly of Schwartz
(lib. 374, page 733) being tie lines along the top of the south bank  of
Campbell  Creek  a  distance  of  338.00  feet  to a point; Thence south
57-17'32" east along said tie line a distance of 136.60 feet to a point;
Thence south 74-45'-00" east along said tie line a  distance  of  100.00
feet  to  an  iron pin; Thence north 04-46'-00" east along said lands of
Schwartz a distance of 100.00 feet to a point in the assumed  centerline
of Campbell Creek; Thence in generally an easterly direction the follow-
ing  courses  and  distances  along  the  assumed centerline of Campbell
Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
76-53'-00" east a distance of 180.00 feet to a  point;  north  83-05'00"
east  a  distance  of  230.00  feet  to a point; south 66-44'-00" east a
distance of 90.00 feet to a point; south 81-10'-00" east a  distance  of
240.00  feet  to a point; south 45-29'-15" east a distance of 73.18 feet
to a point; Thence south 05-25'-50" west along lands reputedly of  Stan-
ley  Wagner (lib. 450, page 276) a distance of 135.00 feet to a point on
the assumed north line of Military Lot 75; Thence south 84-34'-10"  east
along said lands of Wagner and the assumed north line of Military Lot 75
a  distance  of 1195.06 feet to an iron pin; Thence south O6-57'52" west
along said lands of M. Wagner (lib. 414, page 267)  passing  through  an
iron  pin  215.58  feet  distant, and continuing further along that same
course a distance of 20.59 feet farther, the total distance being 236.17
feet to a point in the assumed centerline of Campbell Creek;  Thence  in
generally  a south easterly direction the following course and distances
along the assumed centerline of Campbell Creek; north 78-23'-09" east  a
distance  of  29.99 feet to a point; south 46-09'-15" east a distance of
65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
a point; south 61-59'-50" east a distance of 206.91  feet  to  a  point;
north  63-58'-27"  east  a  distance  of  43.12  feet  to a point; south

S. 3241                             6

28-51'-21" east a distance of 47.72 feet to a  point;  south  15-14'-08"
west  a  distance  of  33.42  feet  to  a point; south 79-16'-32" east a
distance of 255.15 feet to a point; south 62-19'-46" east a distance  of
75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
a point; north 82-12'55" east a distance of 86.00 feet to a point; south
44-13'53"  east  a  distance  of 64.08 feet to a point; north 67-52'-46"
east a distance of 73.98 feet  to  a  point;  north  88-13'-13"  east  a
distance  of  34.64 feet to a point on the assumed west line of New York
State Route 414; Thence south 20-13'-30" east  along  the  assumed  west
line of New York State Route 414 a distance of 248.04 feet to a concrete
monument;  Thence  south 02-10'-30" west along said road line a distance
of 322.90 feet to an iron pin; Thence 13-14'-50" west  along  said  road
line  a  distance of 487.41 feet to an iron pin, said iron pin being the
point and place of beginning;
  Comprising an area of 126.807 acres of  land  according  to  a  survey
completed  by  Michael  D.  Karlsen  entitled  "Plan Owned by Stanley A.
Wagner" known as Parcel A of Job number 98-505.
  This survey is subject to all  utility  easements  and  easements  and
right-of-ways of record which may affect the parcel of land.
  This  survey  is  also  subject  to the rights of the public in and to
lands herein referred to as New York State Route 414.
  This survey intends to describe a portion of the premises as  conveyed
by  Ruth  V.  Wagner  to Stanley A. Wagner by deed recorded February 10,
1989 in Liber 450 of deeds, at Page 286.
  This survey also intends to describe a  portion  of  the  premises  as
conveyed  by  Stanley  W. VanVleet to Stanley A. Wagner by deed recorded
April 30, 1980 in Liber 385 of Deeds, at Page 203.
 ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
New York State Route 414 in Military Lot 75 in the Town of Lodi,  County
of Seneca, State of New York bounded and described as follows:
  Beginning  at  an  iron pin on the assumed east line of New York State
Route 414, said iron pin being  north  50-44'-57"  east  a  distance  of
274.92  feet  from  the  south  east corner of the parcel of land herein
above described; Thence leaving the point of beginning  north  00-26'01"
east  along a mathematical tie line a distance of 504.91 feet to an iron
pin; Thence south 37-00'-20" east along lands  reputedly  of  Tomberelli
(lib.  419,  page  243) passing through an iron pin 176.00 feet distant,
and continuing further along that same course a distance  of  2.01  feet
farther,  the  total distance being 178.01 feet to a point; Thence south
09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page  181)
a  distance  of 68.19 feet to an iron pipe; Thence south 15-36'-04" west
along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
Thence south 72-04'-59" west along said lands of M. Wagner a distance of
20.49 feet to an iron pin, said iron pin being the point  and  place  of
beginning.
  Comprising  an  area  of  0.727  acre  of  lands according to a survey
completed by Michael D. Karlsen entitled "Plan of Land Owned by  Stanley
A. Wagner" known as Parcel B of job number 98-505.
  This  survey  is  subject  to  all utility easements and easements and
right-of-ways of record which may affect this parcel of land.
  This survey is also subject to the rights of  the  public  in  and  to
lands herein referred to as New York State Route 414.
  This survey intends to describe the same premises as conveyed by Henry
W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
to  Stanley  A.  Wagner by deed recorded July 2, 1996 in liber 542, page
92.

S. 3241                             7

  This survey also intends to describe a  portion  of  the  premises  as
conveyed  by Ruth V. Wagner to Stanley A. Wagner by deed recorded Febru-
ary 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of  this
paragraph  shall  not  apply  to any premises or business located wholly
within  the following described parcel: ALL THAT TRACT OR PARCEL OF LAND
situate in the City of Corning, County of Steuben and State of New  York
bounded  and  described  as follows: Beginning at an iron pin situate at
the terminus of the westerly line of Townley Avenue at its  intersection
with the southwesterly line of New York State Route 17; thence S 00° 45'
18"  E  along  the westerly line of Townley Avenue, a distance of 256.09
feet to a point; thence S 89° 02' 07" W through an iron pin placed at  a
distance of 200.00 feet, a total distance of 300.00 feet to an iron pin;
thence N 00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S
89° 02' 07" W a distance of 114.56 feet to a point situate in the south-
east  corner  of  Parcel  A-2  as  set forth on a survey map hereinafter
described; thence N 14° 18' 49" E a distance of 124.40 feet to  an  iron
pin  situate  at  the southeast corner of lands now or formerly of Cicci
(Liber 923, Page 771); thence N 14° 18' 49" E a distance of  76.46  feet
to  an  iron  pin; thence N 00° 57' 53" W a distance of 26.25 feet to an
iron pin marking the southeast corner of parcel A-1 as set forth on  the
hereinafter  described  survey map; thence N 00° 58' 01" W a distance of
166.00 to an iron pin situate at the northeast  corner  of  said  Parcel
A-1,  which pin also marks the southeast corner of lands now or formerly
of Becraft (Liber 1048, Page 1086); thence N 00° 57' 53" W a distance of
106.00 feet to an iron pin situate in the southerly line of lands now or
formerly of the United States Postal Service; thence N  89°  02'  07"  E
along the southerly line of said United States Postal Service a distance
of 81.47 feet to a point; thence N 14° 18' 49" E along the easterly line
of  said  United  States  Postal Service a distance of 114.29 feet to an
iron pin situate in the southwesterly line of New York State  Route  17;
thence  S  32°  00' 31" E along the southwesterly line of New York State
Route 17, a distance of 358.93 feet to an iron  pin;  thence  continuing
along the southwesterly line of New York state Route 17, S 38° 30' 04" E
a  distance  of  108.18 feet to the iron pin marking the place of begin-
ning. Said premises are set forth and shown as approximately 4.026 acres
of land designated as Parcel A (excluding Parcels  A-1  and  A-2)  on  a
survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City
of Corning, Steuben County, New York" by Weiler Associates, dated Decem-
ber  27,  2001,  designated Job No. 12462; or (vii) any such premises or
businesses located on that certain plot, piece or parcel of land,  situ-
ate,  lying  and being in the Second Ward of the City of Schenectady, on
the Northerly side of Union Street, bounded and described as follows: to
wit; Beginning at the Southeasterly corner of the lands lately owned  by
Elisha L. Freeman and now by Albert Shear; and running from thence East-
erly  along  the line of Union Street, 44 feet to the lands now owned by
or in the possession of James  G.  Van  Vorst;  thence  Northerly  in  a
straight  line  along the last mentioned lands and the lands of the late
John Lake, 102 feet to the lands of one Miss  Rodgers;  thence  Westerly
along  the line of the last mentioned lands of said Rodgers to the lands
of the said Shear; and thence Southerly along the lands  of  said  Shear
101 feet, 6 inches to Union Street, the place of beginning.
  Also  all  that  tract  or parcel of land, with the buildings thereon,
situate in the City of Schenectady, County of Schenectady, and State  of
New  York,  situate  in  the First, formerly the Second Ward of the said
City, on the Northerly side of  Union  Street,  which  was  conveyed  by
William  Meeker  and  wife to Elisha L. Freeman by deed dated the second

S. 3241                             8

day of December 1843, and recorded in the Clerk's Office of  Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said  deed  is bounded and described as follows: Beginning at a point in
the  Northerly line of Union Street where it is intersected by the East-
erly line of  property  numbered  235  Union  Street,  which  is  hereby
conveyed,  and  running thence Northerly along the Easterly line of said
property, One Hundred Forty and Five-tenths  (140.5)  feet  to  a  point
sixteen  (16)  feet  Southerly from the Southerly line of the new garage
built upon land adjoining on the North; thence  Westerly  parallel  with
said  garage,  Forty-six  and Seven-tenths (46.7) feet; thence Southerly
One Hundred Forty and Eight-tenths (140.8) feet to the Northerly  margin
of  Union  Street;  thence  Easterly along the Northerly margin of Union
Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
place of beginning.
  The  two  above  parcels  are  together more particularly described as
follows:
  All that parcel of land in the City  of  Schenectady  beginning  at  a
point  in  the  northerly  margin  of  Union Street at the southwesterly
corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
which  point  is  about  60  feet westerly of the westerly line of North
College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
southeasterly  corner  of  other lands now or formerly of Friedman (Deed
Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
southwesterly  corner  of  lands  now or formerly of Stockade Associates
(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
lands now or formerly of McCarthy (Deed Book 1129 at page  281);  thence
along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
thence  still  along  lands of SONYMA and lands now or formerly of Magee
(Deed Book 399 at page 165) S. 86 deg.  11'  52"  E.  42.57  feet  to  a
corner;  thence  still  along lands of Magee and Lands of Friedman first
above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin-
ning.
  Excepting and reserving all that portion of  the  above  parcel  lying
easterly of a line described as follows:
  All  that tract or parcel of land, situated in the City of Schenectady
and County of Schenectady and State of New York, on the  Northerly  side
of Union Street bounded and described as follows:
  Beginning at a point in the northerly line of Union Street, said point
being  in  the  division  line between lands now or formerly of Electric
Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
East; thence North 03 deg. 04' 10" East, along  the  building  known  as
Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
North  88  deg.  45'  45"  West, along said building and building eve, a
distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
along  said  building  eve of Street No. 241 Union Street, a distance of
32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
a  distance  of 1.2 feet to an intersection of building corner of Street
No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
East,  along said brick wall, a distance of 14.47 feet to a point in the
corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)

S. 3241                             9

on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
  Also  all  that  tract  or  parcel of land commonly known as the Union
Street School, located on the Northeasterly corner of  Union  and  North
College  Streets in the First Ward of the City and County of Schenectady
and State of New  York,  more  particularly  bounded  and  described  as
follows:    Beginning  at  a point in the Northerly street line of Union
Street where it is intersected by the  Easterly  street  line  of  North
College Street, and runs thence Northerly along the Easterly street line
of  North College Street, one hundred seven and five-tenths (107.5) feet
to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
in the Northwesterly street line of Erie Boulevard thence  southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred twen-
ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
Northerly street line of Union Street; thence Westerly along the  North-
erly street line of Union Street, one hundred twenty-four and fifty-five
hundredths (124.55) feet to the point or place of beginning.
  The  above  described parcel of property includes the Blue Line parcel
of land, which is a portion of the abandoned Erie Canal  Lands,  located
in  the  First Ward of the City of Schenectady, New York, and which Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth in the above described premises and the Northeasterly lot line  of
the  old  Union Street School as it runs parallel with the Northwesterly
line of Erie Boulevard as aforesaid.
  The two above parcels are  together  more  particularly  described  as
follows: All that parcel of land in the City of Schenectady beginning at
a  point  in  the northerly margin of Union Street and the northwesterly
margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
42'  20"  W. 124.55 feet to the easterly margin of North College Street;
thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
ning[.]; OR (VIII) ANY SUCH PREMISES OR BUSINESSES LOCATED ON THAT TRACT
OR PARCEL OF LAND SITUATE IN THE TOWN OF HOPEWELL, ONTARIO COUNTY, STATE
OF NEW YORK, BOUNDED AND DESCRIBED AS  FOLLOWS:  COMMENCING  AT  A  5/8"
REBAR FOUND ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF ONTAR-
IO  COUNTY  -  FINGER  LAKES COMMUNITY COLLEGE (LIBER 698 OF DEEDS, PAGE
466) ON THE NORTH AND LANDS NOW OR FORMERLY OF JAMES W. BAIRD (LIBER 768
OF DEEDS, PAGE 1109) ON THE SOUTH; THENCE, NORTH  43°-33'-40"  WEST,  ON
SAID  DIVISION LINE, A DISTANCE OF 77.32 FEET TO THE POINT OF BEGINNING.
THENCE, NORTH 43°-33'-40" WEST, CONTINUING ON  SAID  DIVISION  LINE  AND
THROUGH  SAID  LANDS  OF  ONTARIO COUNTY, A DISTANCE OF 520.45 FEET TO A
POINT ON THE SOUTHEASTERLY EDGE OF AN  EXISTING  CONCRETE  PAD;  THENCE,
SOUTH  74°-19'-53"  WEST, ALONG SAID EDGE OF CONCRETE AND THE PROJECTION
THEREOF, A DISTANCE OF 198.78 FEET TO A POINT ON THE  EASTERLY  EDGE  OF
PAVEMENT  OF  AN  EXISTING  CAMPUS  DRIVE; THENCE, THE FOLLOWING TWO (2)
COURSES AND DISTANCES ALONG SAID EDGE OF PAVEMENT:  NORTHEASTERLY  ON  A
CURVE  TO  THE  LEFT HAVING A RADIUS OF 2221.65 FEET, A CHORD BEARING OF
NORTH 30°-16'-39" EAST, A CHORD DISTANCE OF 280.79, A CENTRAL  ANGLE  OF
07°-14'-47",  A  LENGTH  OF 280.98 FEET TO A POINT OF REVERSE CURVATURE;

S. 3241                            10

THENCE, NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF  843.42
FEET,  A  CHORD  BEARING  OF NORTH 45°-25'-09" EAST, A CHORD DISTANCE OF
534.08, A CENTRAL ANGLE OF 36°-55'-01", A LENGTH OF  543.43  FEET  TO  A
POINT;  THENCE,  SOUTH 30°-04'-59" EAST, A DISTANCE OF 18.28 FEET TO THE
CORNER OF THE PROPERTY ACQUIRED BY ONTARIO COUNTY (LIBER 766  OF  DEEDS,
PAGE  1112),  AS  SHOWN  ON A MAP RECORDED IN THE ONTARIO COUNTY CLERK'S
OFFICE AS MAP NO. 6313; THENCE,  THE  FOLLOWING  FOUR  (4)  COURSES  AND
DISTANCES  ALONG  SAID PROPERTY LINE: SOUTH 30°-04'-59" EAST, A DISTANCE
OF 177.17 FEET TO A POINT; THENCE, SOUTH 02°-20'-33" EAST, A DISTANCE OF
147.53 FEET TO A POINT; THENCE, SOUTH 41°-31'-35" EAST,  A  DISTANCE  OF
200.93 FEET TO A POINT; THENCE, SOUTH 23°-48'-53" WEST, ALONG SAID PROP-
ERTY  LINE,  AND THE PROJECTION THEREOF, THROUGH THE FIRST SAID LANDS OF
ONTARIO COUNTY - FINGER LAKES COMMUNITY COLLEGE  (LIBER  698  OF  DEEDS,
PAGE 466), A DISTANCE OF 517.96 FEET TO POINT OF BEGINNING.  SAID PARCEL
CONTAINING  7.834  ACRES,  MORE  OR  LESS,  AS  SHOWN  ON A MAP ENTITLED
"PROPOSED LEASE AREA - FRIENDS  OF  THE  FINGER  LAKES  PERFORMING  ARTS
CENTER,  HOPEWELL,  NY", PREPARED BY BERGMANN ASSOCIATES, DRAWING LM-01,
DATED JUNE 10, 2005, LAST REVISED AUGUST 17, 2005. THE RELATED PAC PROP-
ERTIES ARE SHOWN ON THE MAP DENOMINATED  "FLCC  CAMPUS  PROPERTY,  FLPAC
GROUND  LEASE,  PARKING, VEHICULAR & PEDESTRIAN ACCESS", RECORDED IN THE
ONTARIO COUNTY CLERK'S OFFICE ON DECEMBER 10, 2009 IN BOOK 1237 OF DEEDS
AT PAGE 9 AND ARE COMPRISED OF THE AREAS SEPARATELY LABELED  AS  PARKING
LOT  'A', PARKING LOT 'G', THE TICKET BOOTH AREA, THE SIDEWALKS, AND THE
ENTRY ROADS.
  The provisions of this paragraph  shall  not  apply  to  any  premises
licensed under section sixty-four of this chapter in which a manufactur-
er or wholesaler holds a direct or indirect interest, provided that: (I)
said  premises  consist  of  an interactive entertainment facility which
predominantly  offers  interactive  computer  and  video   entertainment
attractions, and other games and also offers themed merchandise and food
and  beverages, (II) the sale of alcoholic beverages within the premises
shall be restricted to an area consisting of not more  than  twenty-five
percent  of  the  total  interior  floor area of the premises, (III) the
retail licenses shall derive not less than  sixty-five  percent  of  the
total  revenue  generated  by the facility from interactive video enter-
tainment activities and other games, including related  attractions  and
sales  of  merchandise other than food and alcoholic beverages, (IV) the
interested manufacturer or wholesaler, or its parent company,  shall  be
listed  on  a  national  securities  exchange and its direct or indirect
equity interest in the retail  licensee  shall  not  exceed  twenty-five
percent,  (V)  no more than fifteen percent of said licensee's purchases
of alcoholic beverages for  sale  in  the  premises  shall  be  products
produced  or distributed by the manufacturer or wholesaler, (VI) neither
the name of the manufacturer or wholesaler nor the name of any brand  of
alcoholic  beverage  produced  or  distributed  by  said manufacturer or
wholesaler shall be part of the name of the premises, (VII) the name  of
the  manufacturer or wholesaler or the name of products sold or distrib-
uted by such manufacturer or  wholesaler  shall  not  be  identified  on
signage  affixed  to either the interior or the exterior of the premises
in any fashion, (VIII) promotions involving alcoholic beverages produced
or distributed by the manufacturer or wholesaler are not  held  in  such
premises  and further, retail and consumer advertising specialties bear-
ing the name of the manufacturer or wholesaler or the name of  alcoholic
beverages  produced or distributed by the manufacturer or wholesaler are
not utilized in any fashion, given away or sold in  said  premises,  and
(IX)  except  to the extent provided in this paragraph, the licensing of

S. 3241                            11

each premises covered by this exception is subject to all provisions  of
section  sixty-four of this chapter, including but not limited to liquor
authority approval of the specific location thereof.  The provisions  of
this  paragraph  shall not prohibit (1) a manufacturer or wholesaler, if
an individual, or a partner, of a partnership, or, if a corporation,  an
officer or director thereof, from being an officer or director of a duly
licensed  charitable  organization  which is the holder of a license for
on-premises consumption under this chapter, nor (2) a manufacturer  from
acquiring any such premises if the liquor authority first consents ther-
eto  after  determining,  upon  such proofs as it shall deem sufficient,
that such premises is  contiguous  to  the  licensed  premises  of  such
manufacturer,  and  is  reasonably  necessary  for  the expansion of the
facilities of such manufacturer. After any such acquisition, it shall be
illegal for a manufacturer acquiring any such premises to sell or deliv-
er alcoholic beverages manufactured by him  to  any  licensee  occupying
such premises.
  S  2.  Subdivision 13 of section 106 of the alcoholic beverage control
law, as amended by chapter 390 of the laws of 2010, is amended  to  read
as follows:
  13.  No  retail  licensee  for on-premises consumption shall be inter-
ested, directly or indirectly, in any premises where liquors,  wines  or
beer  are  manufactured or sold at wholesale, by stock ownership, inter-
locking directors, mortgage or lien on any personal or real property  or
by  any  other means, except that liquors, wines or beer may be manufac-
tured or sold wholesale by the person  licensed  as  a  manufacturer  or
wholesaler  thereof  on  real  property  owned by an interstate railroad
corporation or a  United  States  certificated  airline  with  a  retail
license for on-premises consumption, or on premises or with respect to a
business  constituting  an overnight lodging and resort facility located
wholly within the boundaries of the town of North Elba, county of Essex,
township eleven, Richard's survey, great lot numbers two hundred  seven-
ty-eight, two hundred seventy-nine, two hundred eight, two hundred nine-
ty-eight,  two  hundred  ninety-nine, three hundred, three hundred eigh-
teen, three  hundred  nineteen,  three  hundred  twenty,  three  hundred
thirty-five  and  three hundred thirty-six, and township twelve, Thorn's
survey, great lot numbers one hundred six and one hundred  thirteen,  as
shown  on the Adirondack map, compiled by the conservation department of
the state of New York - nineteen  hundred  sixty-four  edition,  in  the
Essex  county  atlas  at  page  twenty-seven in the Essex county clerk's
office, Elizabethtown, New York, provided that such  facility  maintains
not  less than two hundred fifty rooms and suites for overnight lodging,
or on premises or with respect to the operation of a  restaurant  in  an
office  building  located  in a city having a population of five hundred
thousand or more and in which is located the licensed premises  of  such
manufacturer  or wholesaler, provided that the building, the interior of
the retail premise and the rental therefor fully comply with the  crite-
ria  set  forth  in  paragraph  two  of subdivision three of section one
hundred one of this article, any such premises or  business  located  on
that tract or parcel of land, or any subdivision thereof, situate in the
Village  of  Lake Placid, Town of North Elba, Essex County, New York; it
being also a part of Lot No.  279, Township No. 11, Old Military  Tract,
Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
as shown and designated on a certain map entitled "Map of Building Sites
for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being
PARCEL  No.  1  on  a certain map of lands of Robert J. Mahoney and wife
made by G.C. Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964, and

S. 3241                            12

filed in the Essex County Clerk's Office on August 27,  1964,  and  more
particularly  bounded  and described as follows; BEGINNING at the inter-
section of the northerly bounds of Shore Drive (formerly Mirror  Street)
with  the  westerly  bounds  of Park Place (formerly Rider Street) which
point is also the northeast corner of Lot  No.  23,  from  thence  South
21°50' East in the westerly bounds of Park Place a distance of 119 feet,
more  or  less,  to  a lead plug in the edge of the sidewalk marking the
southeast corner of Lot No. 23 and the northeast corner of Lot  No.  24;
from  thence  South  68°00'50"  West a distance of 50.05 feet to an iron
pipe set in concrete at the corner of Lots 23 and 22; from thence  South
65°10'50"  West  a distance of 7.94 feet along the south line of Lot No.
22 to an iron pipe for a corner; from thence North 23°21'40" West and at
17.84 feet along said line passing over a drill hole in a concrete side-
walk, and at 68.04 feet further along said line  passing  over  an  iron
pipe at the southerly edge of another sidewalk, and at 1.22 feet further
along  said  line passing over another drill hole in a sidewalk, a total
distance of 119 feet, more or less, to the northerly line of Lot No. 22;
from thence easterly in the northerly line of  Lot  22  and  23  to  the
northeast  corner of Lot No. 23 and the point of beginning. Also includ-
ing the lands to the center of Shore Drive included between the norther-
ly straight line continuation of the side lines of the  above  described
parcel,  and  to  the  center  of  Park Place, where they abut the above
described premises SUBJECT to the use thereof for street purposes. Being
the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
July 10, 1992 in Book 1017 of Deeds at Page 318, or any such premises or
business  located on that certain piece or parcel of land, or any subdi-
vision thereof, situate, lying and being in  the  Town  of  Plattsburgh,
County of Clinton, State of New York and being more particularly bounded
and described as follows: Starting at an iron pipe found in the easterly
bounds of the highway known as the Old Military Turnpike, said iron pipe
being  located 910.39 feet southeasterly, as measured along the easterly
bounds of said highway, from the southerly bounds of the  roadway  known
as  Industrial  Parkway  West,  THENCE running S 31° 54' 33" E along the
easterly bounds of said Old Military Turnpike Extension, 239.88 feet  to
a  point  marking  the  beginning of a curve concave to the west; thence
southerly along said curve, having a radius of 987.99 feet, 248.12  feet
to  an  iron  pipe  found  marking the point of beginning for the parcel
herein being described, said point also marked the southerly  corner  of
lands  of Larry Garrow, et al, as described in Book 938 of Deeds at page
224; thence N 07° 45' 4" E along the easterly  bounds  of  said  Garrow,
748.16  feet  to  a  3"x4"  concrete  monument marking the northeasterly
corner of said Garrow, the northwesterly corner  of  the  parcel  herein
being  described  and said monument also marking the southerly bounds of
lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
186; thence S 81° 45' 28" E along a portion of the southerly  bounds  of
said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
northeasterly corner of the parcel herein being described and also mark-
ing the northwest corner of the remaining lands now or formerly owned by
said  Marx and Delaura; thence S 07° 45' 40" W along the Westerly bounds
of lands now of formerly of said Marx and DeLaura and along the easterly
bounds of the parcel herein being described, 560.49 feet to an iron pin;
thence N 83° 43' 21" W along a portion of the remaining  lands  of  said
Marx  and  DeLaura,  41.51  feet to an iron pin; thence S 08° 31' 30" W,
along a portion of the remaining lands of said Marx and  Delaura,  75.01
feet  to  an  iron  pin  marking northeasterly corner of lands currently

S. 3241                            13

owned by the Joint Council for Economic Opportunity of  Plattsburgh  and
Clinton  County,  Inc.  as  described  in Book 963 of Deeds at Page 313;
thence N 82° 20' 32" W along a portion of the northerly bounds  of  said
J.C.E.O.,  173.50  feet to an iron pin; thence 61° 21' 12" W, continuing
along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to
an iron pin; thence S 07° 45' 42" W along the westerly  bounds  of  said
J.C.E.O., 50 feet to an iron pin; thence S 66° 48' 56" W along a portion
of  the  northerly  bounds  of remaining lands of said Marx and DeLaura,
100.00 feet to an iron pipe found on the easterly bounds of  the  afore-
said  highway,  said  from pipe also being located on a curve concave to
the west; thence running and running northerly along the easterly bounds
of the aforesaid highway and being along  said  curve,  with  the  curve
having a radius of 987.93 feet, 60.00 feet to the point of beginning and
containing  6.905  acres of land. Being the same premises as conveyed to
Ronald Marx and Alice Marx by deed of CIT Small Business Lending  Corp.,
as  agent  of  the administrator, U.S. Small Business Administration, an
agency of the United States Government  dated  September  10,  2001  and
recorded in the office of the Clinton County Clerk on September 21, 2001
as  Instrument  #135020,  or  any such premises or businesses located on
that certain plot, piece or parcel of land, situate, lying and being  in
the  Second  Ward  of  the City of Schenectady, on the Northerly side of
Union Street, bounded and described as follows: to wit; Beginning at the
Southeasterly corner of the lands lately owned by Elisha L. Freeman  and
now  by Albert Shear; and running from thence Easterly along the line of
Union Street, 44 feet to the lands now owned by or in the possession  of
James  G.  Van Vorst; thence Northerly in a straight line along the last
mentioned lands and the lands of the late John Lake,  102  feet  to  the
lands  of  one  Miss Rodgers; thence Westerly along the line of the last
mentioned lands of said Rodgers to the lands  of  the  said  Shear;  and
thence  Southerly  along  the  lands of said Shear 101 feet, 6 inches to
Union Street, the place of beginning.
  Also all that tract or parcel of land,  with  the  buildings  thereon,
situate  in the City of Schenectady, County of Schenectady, and State of
New York, situate in the First, formerly the Second  Ward  of  the  said
City,  on  the  Northerly  side  of  Union Street, which was conveyed by
William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
day  of December 1843, and recorded in the Clerk's Office of Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said deed is bounded and described as follows: Beginning at a  point  in
the  Northerly line of Union Street where it is intersected by the East-
erly line of  property  numbered  235  Union  Street,  which  is  hereby
conveyed,  and  running thence Northerly along the Easterly line of said
property, One Hundred Forty and Five-tenths  (140.5)  feet  to  a  point
sixteen  (16)  feet  Southerly from the Southerly line of the new garage
built upon land adjoining on the North; thence  Westerly  parallel  with
said  garage,  Forty-six  and Seven-tenths (46.7) feet; thence Southerly
One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
of Union Street; thence Easterly along the  Northerly  margin  of  Union
Street,  about  Forty-eight and three-tenths (48.3) feet to the point or
place of beginning.
  The two above parcels are  together  more  particularly  described  as
follows:
  All  that  parcel  of  land  in the City of Schenectady beginning at a
point in the northerly margin  of  Union  Street  at  the  southwesterly
corner  of lands now or formerly of Friedman (Deed Book 636 at page 423)
which point is about 60 feet westerly of  the  westerly  line  of  North

S. 3241                            14

College  Street  and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
southeasterly corner of other lands now or formerly  of  Friedman  (Deed
Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
southwesterly  corner  of  lands  now or formerly of Stockade Associates
(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
lands now or formerly at McCarthy (Deed Book 1129 at page  281);  thence
along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
still  along  lands  of  SONYMA and lands now or formerly of Magee (Deed
Book 399 at page 165) S. 86 deg. 11' 52" E.  42.57  feet  to  a  corner;
thence  still  along  lands  of  Magee and Lands of Friedman first above
mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
  Excepting and reserving all that portion of  the  above  parcel  lying
easterly of a line described as follows:
  All  that tract or parcel of land, situated in the City of Schenectady
and County of Schenectady and State of New York, on the  Northerly  side
of Union Street bounded and described as follows:
  Beginning at a point in the northerly line of Union Street, said point
being  in  the  division  line between lands now or formerly of Electric
Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
East; thence North 03 deg. 04' 10" East, along  the  building  known  as
Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
North  88  deg.  45'  45"  West, along said building and building eve, a
distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
along  said  building  eve of Street No. 241 Union Street, a distance of
32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
a  distance  of 1.2 feet to an intersection of building corner of Street
No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
East,  along said brick wall, a distance of 14.47 feet to a point in the
corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
  Also all that tract or parcel of land  commonly  known  as  the  Union
Street  School,  located  on the Northeasterly corner of Union and North
College Streets in the First Ward of the City and County of  Schenectady
and  State  of  New  York,  more  particularly  bounded and described as
follows:  Beginning at a point in the Northerly  street  line  of  Union
Street  where  it  is  intersected  by the Easterly street line of North
College Street, and runs thence Northerly along the Easterly street line
of North College Street, one hundred seven and five-tenths (107.5)  feet
to  a  point,  thence  easterly  at an angle of ninety (90) degrees, one
hundred ninety-one and seventy-five hundredths (191.75) feet to a  point
in  the Northwesterly street line of Erie Boulevard thence southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred twen-
ty-three and eight-tenths (123.8) feet  to  its  intersection  with  the
Northerly  street line of Union Street; thence Westerly along the North-
erly street line of Union Street, one hundred twenty-four and fifty-five
hundredths (124.55) feet to the point or place of beginning.

S. 3241                            15

  The above described parcel of property includes the Blue  Line  parcel
of  land,  which is a portion of the abandoned Erie Canal Lands, located
in the First Ward of the City of Schenectady, New York, and  which  Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth  in the above described premises and the Northeasterly lot line of
the old Union Street School as it runs parallel with  the  Northwesterly
line of Erie Boulevard as aforesaid.
  The  two  above  parcels  are  together more particularly described as
follows: All that parcel of land in the City of Schenectady beginning at
a point in the northerly margin of Union Street  and  the  northwesterly
margin  of  Erie Boulevard and runs thence along Union Street N. 86 deg.
42' 20" W. 124.55 feet to the easterly margin of North  College  Street;
thence  along  North  College Street N. 05 deg 04' 40" E. 107.50 feet to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55'  20"  E.
191.75  feet to the northwesterly margin of Erie Boulevard; thence along
Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of  begin-
ning, ANY SUCH PREMISES OR BUSINESSES LOCATED ON THAT TRACT OR PARCEL OF
LAND SITUATE IN THE TOWN OF HOPEWELL, ONTARIO COUNTY, STATE OF NEW YORK,
BOUNDED  AND  DESCRIBED  AS FOLLOWS: COMMENCING AT A 5/8" REBAR FOUND ON
THE DIVISION LINE BETWEEN LANDS NOW OR  FORMERLY  OF  ONTARIO  COUNTY  -
FINGER  LAKES  COMMUNITY  COLLEGE  (LIBER 698 OF DEEDS, PAGE 466) ON THE
NORTH AND LANDS NOW OR FORMERLY OF JAMES W. BAIRD (LIBER 768  OF  DEEDS,
PAGE  1109)  ON THE SOUTH; THENCE, NORTH 43°-33'-40" WEST, ON SAID DIVI-
SION LINE, A DISTANCE OF 77.32 FEET TO THE POINT OF BEGINNING.   THENCE,
NORTH  43°-33'-40"  WEST,  CONTINUING  ON SAID DIVISION LINE AND THROUGH
SAID LANDS OF ONTARIO COUNTY, A DISTANCE OF 520.45 FEET TO  A  POINT  ON
THE  SOUTHEASTERLY  EDGE  OF  AN  EXISTING  CONCRETE  PAD; THENCE, SOUTH
74°-19'-53" WEST, ALONG SAID EDGE OF CONCRETE AND THE PROJECTION  THERE-
OF,  A  DISTANCE OF 198.78 FEET TO A POINT ON THE EASTERLY EDGE OF PAVE-
MENT OF AN EXISTING CAMPUS DRIVE; THENCE, THE FOLLOWING TWO (2)  COURSES
AND  DISTANCES  ALONG SAID EDGE OF PAVEMENT: NORTHEASTERLY ON A CURVE TO
THE LEFT HAVING A RADIUS OF 2221.65  FEET,  A  CHORD  BEARING  OF  NORTH
30°-16'-39"  EAST,  A  CHORD  DISTANCE  OF  280.79,  A  CENTRAL ANGLE OF
07°-14'-47", A LENGTH OF 280.98 FEET TO A POINT  OF  REVERSE  CURVATURE;
THENCE,  NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 843.42
FEET, A CHORD BEARING OF NORTH 45°-25'-09" EAST,  A  CHORD  DISTANCE  OF
534.08,  A  CENTRAL  ANGLE  OF 36°-55'-01", A LENGTH OF 543.43 FEET TO A
POINT; THENCE, SOUTH 30°-04'-59" EAST, A DISTANCE OF 18.28 FEET  TO  THE
CORNER  OF  THE PROPERTY ACQUIRED BY ONTARIO COUNTY (LIBER 766 OF DEEDS,
PAGE 1112), AS SHOWN ON A MAP RECORDED IN  THE  ONTARIO  COUNTY  CLERK'S
OFFICE  AS  MAP  NO.  6313;  THENCE,  THE FOLLOWING FOUR (4) COURSES AND
DISTANCES ALONG SAID PROPERTY LINE: SOUTH 30°-04'-59" EAST,  A  DISTANCE
OF 177.17 FEET TO A POINT; THENCE, SOUTH 02°-20'-33" EAST, A DISTANCE OF
147.53  FEET  TO  A POINT; THENCE, SOUTH 41°-31'-35" EAST, A DISTANCE OF
200.93 FEET TO A POINT; THENCE, SOUTH 23°-48'-53" WEST, ALONG SAID PROP-
ERTY LINE, AND THE PROJECTION THEREOF, THROUGH THE FIRST SAID  LANDS  OF
ONTARIO  COUNTY  -  FINGER  LAKES COMMUNITY COLLEGE (LIBER 698 OF DEEDS,
PAGE 466), A DISTANCE OF 517.96 FEET TO POINT OF BEGINNING.  SAID PARCEL
CONTAINING 7.834 ACRES, MORE  OR  LESS,  AS  SHOWN  ON  A  MAP  ENTITLED
"PROPOSED  LEASE  AREA  -  FRIENDS  OF  THE FINGER LAKES PERFORMING ARTS
CENTER, HOPEWELL, NY", PREPARED BY BERGMANN ASSOCIATES,  DRAWING  LM-01,
DATED JUNE 10, 2005, LAST REVISED AUGUST 17, 2005. THE RELATED PAC PROP-
ERTIES  ARE  SHOWN  ON  THE MAP DENOMINATED "FLCC CAMPUS PROPERTY, FLPAC
GROUND LEASE, PARKING, VEHICULAR & PEDESTRIAN ACCESS", RECORDED  IN  THE

S. 3241                            16

ONTARIO COUNTY CLERK'S OFFICE ON DECEMBER 10, 2009 IN BOOK 1237 OF DEEDS
AT  PAGE  9 AND ARE COMPRISED OF THE AREAS SEPARATELY LABELED AS PARKING
LOT 'A', PARKING LOT 'G', THE TICKET BOOTH AREA, THE SIDEWALKS, AND  THE
ENTRY  ROADS;  or on premises or with respect to a business constituting
the overnight lodging facility located wholly within the  boundaries  of
that  tract or parcel of land situated in the borough of Manhattan, city
and county of New York, beginning at a point on the  northerly  side  of
west  fifty-fourth  street at a point one hundred feet easterly from the
intersection of the said northerly side of west fifty-fourth street  and
the easterly side of seventh avenue; running thence northerly and paral-
lel with the easterly side of seventh avenue one hundred feet five inch-
es to the center line of the block; running thence easterly and parallel
with the northerly side of west fifty-fourth street and along the center
line  of  the  block fifty feet to a point; running thence northerly and
parallel with the easterly side of seventh avenue one hundred feet  five
inches  to  the  southerly  side  of  west fifty-fifth street at a point
distant one hundred fifty feet easterly from  the  intersection  of  the
said  southerly side of west fifty-fifth street and the easterly side of
seventh avenue; running thence easterly along the southerly side of west
fifty-fifth street thirty-one feet three  inches  to  a  point;  running
thence  southerly  and  parallel  with  the easterly side of the seventh
avenue one hundred feet five inches to the center  line  of  the  block;
running  thence easterly along the center line of the block and parallel
with the southerly side of west fifty-fifth street,  one  hundred  feet;
running  thence northerly and parallel with the easterly side of seventh
avenue one hundred feet five  inches  to  the  southerly  side  of  west
fifty-fifth  street; running thence easterly along the southerly side of
west fifty-fifth street twenty-one feet ten and  one-half  inches  to  a
point;  running  thence southerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to the center  line  of  the
block;  running  thence  westerly along the center line of the block and
parallel with the northerly side of west fifty-fourth street three  feet
one  and one-half inches; running thence southerly and parallel with the
easterly side of seventh avenue one hundred  feet  five  inches  to  the
northerly  side  of  west  fifty-fourth  street at a point distant three
hundred feet easterly from the intersection of the said  northerly  side
of  west  fifty-fourth  street  and the easterly side of seventh avenue;
running thence westerly and along the  northerly  side  of  west  fifty-
fourth  street  two  hundred  feet  to  the point or place of beginning,
provided that such facility maintains not less than four  hundred  guest
rooms  and  suites  for  overnight  lodging. Any lien, mortgage or other
interest or estate now held  by  said  retail  licensee  on  or  in  the
personal  or  real  property  of  such manufacturer or wholesaler, which
mortgage, lien, interest or estate was acquired on  or  before  December
thirty-first,  nineteen hundred thirty-two, shall not be included within
the provisions of this subdivision; provided,  however,  the  burden  of
establishing  the  time  of the accrual of the interest, comprehended by
this subdivision shall be upon the person who claims to be  entitled  to
the protection and exemption afforded hereby.
  S 3. This act shall take effect immediately.

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