senate Bill S4812B

Amended

Relates to manufacturers of alcohol and their interest in any premises where alcohol is sold and retail licenses

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Bill Status


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

  • 24 / Apr / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / May / 2013
    • AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / May / 2013
    • PRINT NUMBER 4812A
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 13 / Jun / 2013
    • PRINT NUMBER 4812B
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1608
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 13 / Mar / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 13 / Mar / 2014
    • PRINT NUMBER 4812C
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Jun / 2014
    • PRINT NUMBER 4812D

Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

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Bill Details

See Assembly Version of this Bill:
A8012
Versions:
S4812
S4812A
S4812B
S4812C
S4812D
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Cycle:
A6499A

Sponsor Memo

BILL NUMBER:S4812B

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers of alcohol and retail interest and licenses

PURPOSE: The purpose of this legislation is to amend the Alcohol
Beverage Control Law with respect to an exception to the so called
"tied house laws" to allow a baker/restaurant in the borough of
Manhattan that has a financial partner that has an interest in a
winery in France to obtain an on premises license for the sale of
alcohol at its current locations.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 101(a) to allow a bakery/restaurant to apply
for an on premises license to serve alcohol at its current locations

JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic
of New Yorks liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the post-Prohibition era to
essentially encourage competition, one of its clear impacts today is
to prevent high quality, healthy, full service restaurants from
opening - and creating jobs.

This bill will allow a bakery/restaurant in the borough of Manhattan
that has a financial partner that has an interest in a winery in
France to obtain an on premises license for the sale of alcohol at its
current locations. It must be made clear that the the operators of the
locations in New York State have neither an interest in the financial
partner nor an interest in the winery. There only tie to the winery is
that group they receive their funding from has the interest in the
winery.

To date, they have already invested approximately $7 million dollars
in construction of its current outlets and currently employ over 300
persons at its locations. The enactment of this bill will allow the
hiring of an estimated additional 275 persons. Moreover, the current
estimate is the four locations will gross $15 million dollars and with
the enactment of this bill they anticipate to gross over $30 million
dollars a year. This bill will increased revenues to the state and to
the local government by virtue of increased sales tax revenues and
increased payroll taxes.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Increased Sales Tax revenue and increased
employment.

FISCAL IMPLICATIONS: Substantial increase in sales tax revenues and
increased employment.

EFFECTIVE DATE: Immediately.


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

                                 4812--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  manufacturers of alcohol and retail interest and licenses

  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  22  of  the  laws  of
2011, 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 boundaries 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, Elizabethtown, New York, provided  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-06-3

S. 4812--B                          2

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 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 maintains 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 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 north-

S. 4812--B                          3

erly  side of west fifty-fourth street three feet one and one-half inch-
es; 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  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  desig-
nated  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 particularly
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 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  Mili-
tary  Turnpike,  said iron pipe being located 910.39 feet southeasterly,
as measured along the easterly bounds of said highway, from the souther-
ly 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

S. 4812--B                          4

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 northwes-
terly 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 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 Coun-
cil 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 reputed-
ly 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

S. 4812--B                          5

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
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

S. 4812--B                          6

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
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.

S. 4812--B                          7

  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.
  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, 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 Rodg-
ers;  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

S. 4812--B                          8

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 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

S. 4812--B                          9

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.
  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 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

S. 4812--B                         10

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
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
  (IX)  ANY  SUCH  PREMISES OR BUSINESS CONSTITUTING A RETAIL BAKERY AND
RESTAURANT AS DEFINED IN THIS CHAPTER CONTAINED WHOLLY WITHIN THE BOUND-
ARIES OF THE COUNTY OF NEW YORK, BEGINNING AT THE CORNER FORMED  BY  THE
INTERSECTION  OF  THE WESTERLY SIDE OF 3RD AVENUE AND THE NORTHERLY SIDE
OF EAST 74TH STREET; RUNNING THENCE NORTHERLY ALONG THE WESTERLY SIDE OF
3RD AVENUE, 76 FEET 8 INCHES; THENCE WESTERLY PARALLEL  WITH  EAST  74TH
STREET,  100  FEET; THENCE SOUTHERLY PARALLEL WITH 3RD AVENUE, 76 FEET 8
INCHES TO THE NORTHERLY SIDE OF EAST 74TH STREET;  AND  THENCE  EASTERLY
ALONG  THE  NORTHERLY  SIDE  OF EAST 74TH STREET, 100 FEET TO THE CORNER
FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF EAST 74TH STREET AND
THE WESTERLY SIDE OF 3RD AVENUE, TO THE POINT OR PLACE OF BEGINNING.
  AND, BEGINNING AT A POINT  ON  THE  SOUTHERLY  SIDE  OF  40TH  STREET,
DISTANT  147 FEET 6 INCHES WESTERLY FROM THE CORNER FORMED BY THE INTER-
SECTION OF THE WESTERLY SIDE OF 5TH AVENUE WITH THE  SOUTHERLY  SIDE  OF
40TH  STREET;  AND,  RUNNING THENCE SOUTHERLY AND PARALLEL TO 5TH AVENUE
AND PART OF THE DISTANCE THROUGH A PARTY WALL, 98 FEET 9 INCHES;  THENCE
WESTERLY  PARALLEL  WITH 40TH STREET, 62 FEET 6 INCHES; THENCE NORTHERLY
AGAIN PARALLEL WITH 5TH AVENUE AND PART OF THE DISTANCE THROUGH  ANOTHER
PARTY WALL 98 FEET 9 INCHES TO THE SOUTHERLY SIDE OF 40TH STREET; THENCE
EASTERLY ALONG THE SOUTHERLY SIDE OF 40TH STREET 62 FEET 6 INCHES TO THE
POINT OR PLACE OF BEGINNING.
  AND BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHER-
LY  SIDE  OF  21ST  STREET WITH THE EASTERLY SIDE OF 5TH AVENUE; RUNNING
THENCE NORTHERLY ALONG THE EASTERLY SIDE OF 5TH AVENUE, 62  FEET  3  1/2

S. 4812--B                         11

INCHES; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS EASTER-
LY  SIDE  WITH  THE  SAID  EASTERLY SIDE OF 5TH AVENUE OF 88 DEGREES, 30
MINUTES, 81 FEET 1/2 INCH; THENCE SOUTHERLY ALONG A LINE WHICH FORMS  AN
ANGLE 90 DEGREES, 5 MINUTES AND 30 SECONDS ON ITS WESTERLY SIDE WITH THE
LAST  MENTIONED  COURSE  15  FEET  2 INCHES TO THE SOUTHERLY FACE OF THE
SOUTHERLY WALL OF THE ONE STORY BRICK BUILDING ON THE PREMISES  ADJOURN-
ING  THE  PREMISES  HEREBY DESCRIBED ON THE NORTH; THENCE EASTERLY ALONG
THE SOUTHERLY FACE OF THE SOUTHERLY WALL OF SAID BUILDING, 10  FEET  1/2
INCHES  TO  THE END THEREOF; THENCE NORTHERLY ALONG THE EASTERLY FACE OF
SAID WALL, 1/2 INCH TO THE CENTER LINE OF A PARTY WALL  STANDING  PARTLY
ON  THE  PREMISES HEREBY DESCRIBED AND PARTLY ON THE PREMISES ADJOURNING
ON THE NORTH; THENCE EASTERLY THROUGH THE CENTER OF SAID PARTY WALL,  23
FEET  5  1/2 INCHES TO AN ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL
ALONG THE CENTER OF SAID PARTY WALL, 24 FEET 1/2 OF AN INCH  TO  ANOTHER
ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL ALONG SAID CENTER LINE OF
SAID PARTY WALL, 33 FEET 11 7/8 INCHES TO THE WESTERLY SIDE OF BROADWAY;
THENCE  SOUTHERLY  ALONG THE WESTERLY SIDE OF BROADWAY, 65 FEET 4 INCHES
TO THE CORNER FORMED BY THE INTERSECTION OF SAID WESTERLY SIDE OF BROAD-
WAY WITH THE NORTHERLY SIDE OF 21ST STREET; AND  THENCE  WESTERLY  ALONG
THE  SOUTHERLY  SIDE  OF  21ST STREET, 195 FEET TO THE POINT OR PLACE OF
BEGINNING.
  AND, BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF CENTRAL PARK SOUTH,
FORMERLY KNOWN AS 59TH STREET, IN THE SAID BOROUGH AND CITY, DISTANT 450
FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY
SIDE OF SEVENTH AVENUE WITH THE SAID  SOUTHERLY  SIDE  OF  CENTRAL  PARK
SOUTH;  RUNNING  THENCE SOUTHERLY, PARALLEL WITH SEVENTH AVENUE 200 FEET
10 INCHES TO THE NORTHERLY SIDE OF WEST  58TH  STREET;  THENCE  WESTERLY
ALONG  THE  NORTHERLY SIDE OF WEST 58TH STREET, 145 FEET TO THE EASTERLY
SIDE OF BROADWAY; THENCE NORTHWESTERLY ALONG THE EASTERLY SIDE OF BROAD-
WAY 165 FEET 9 1/2 INCHES TO ITS INTERSECTION WITH THE EASTERLY SIDE  OF
GRAND  OR  COLUMBUS  CIRCLE; THENCE NORTHERLY ALONG THE EASTERLY SIDE OF
GRAND OR COLUMBUS CIRCLE, 50 FEET 3 INCHES  TO  THE  SOUTHERLY  SIDE  OF
CENTRAL  PARK SOUTH; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF CENTRAL
PARK SOUTH, 189 FEET 10 1/2 INCHES TO THE POINT OR PLACE OF BEGINNING.
  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

S. 4812--B                         12

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
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. This act shall take effect immediately.

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