senate Bill S4812D

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:
A8012B
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 ยง106, ABC L
Versions Introduced in 2013-2014 Legislative Cycle:
A6499A

Sponsor Memo

BILL NUMBER:S4812D

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 who 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 106 (13a) 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 York's 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 who 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 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
people at its locations The enactment of this bill will allow the
hiring of an estimated additional 275 workers, 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--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  GOLDEN,  MAZIARZ  --  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 commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Investigations and Government  Operations  in  accordance
  with  Senate  Rule  6,  sec.  8 -- 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.   Section 106 of the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 13-a to read as follows:
  13-A.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS
SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE STATE  LIQUOR
AUTHORITY  MAY ISSUE A LICENSE OR LICENSES UNDER SECTION EIGHTY-ONE-A OF
THIS CHAPTER TO THE OWNER AND/OR OPERATOR OF  THE  PARCEL  DESCRIBED  IN
THIS  PARAGRAPH.  THE  LEGAL DESCRIPTION FOR THE PARCEL SO IDENTIFIED AS
THE SITE ARE AS FOLLOWS:
  ANY SUCH PREMISES OR BUSINESS CONSTITUTING A RETAIL BAKERY AND RESTAU-
RANT AS DEFINED IN THIS CHAPTER CONTAINED WHOLLY WITHIN  THE  BOUNDARIES
OF  THE COUNTY OF NEW YORK, BEGINNING AT THE CORNER FORMED BY THE INTER-
SECTION 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-13-4

S. 4812--D                          2

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 SAID EASTERLY SIDE OF 5TH AVENUE, 62 FEET 3
1/2 INCHES; THENCE EASTERLY ALONG A LINE WHICH FORMS  AN  ANGLE  ON  ITS
SOUTHERLY  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 1/2
INCHES  TO  THE END THEREOF; THENCE NORTHERLY ALONG THE EASTERLY FACE OF
SAID WALL, 1/2 INCH TO THE CENTRE 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 CENTRE OF SAID PARTY WALL,  23
FEET  5  1/2 INCHES TO AN ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL
ALONG THE CENTRE OF SAID PARTY WALL, 24 FEET 1/2 OF AN INCH  TO  ANOTHER
ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL ALONG SAID CENTRE 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  SAID  NORTHERLY 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.
  AND, BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE  SOUTH-
ERLY  SIDE  OF  10TH  STREET WITH THE WESTERLY SIDE OF BROADWAY; RUNNING
THENCE WESTERLY ALONG THE SAID SOUTHERLY SIDE OF 10TH STREET, 125 FEET 5
INCHES TO THE DIVISION LINE BETWEEN LOTS 222 AND 223 ON SAID MAP; THENCE
SOUTHERLY ALONG SAID DIVISION LINE AT RIGHT  ANGLES  TO  SAID  SOUTHERLY
SIDE  OF  EAST  10TH  STREET,  92 FEET 3-1/2 INCHES TO THE DIVISION LINE

S. 4812--D                          3

BETWEEN LOTS 222 AND 191 ON SAID MAP; THENCE WESTERLY AT RIGHT ANGLES TO
THE LAST COURSE AND ALONG THE DIVISION LINE BETWEEN LOTS  220,  221  AND
222  ON  SAID  MAP ON THE NORTH AND LOTS 191, 192 AND 193 ON SAID MAP ON
THE  SOUTH, 61 FEET 1 INCH TO THE DIVISION LINE BETWEEN LOTS 193 AND 194
ON SAID MAP; THENCE SOUTHERLY ALONG SAID LAST MENTIONED DIVISION LINE AT
RIGHT ANGLES TO THE LAST COURSE, 92 FEET 3 INCHES TO THE NORTHERLY  SIDE
OF EAST 9TH STREET;
  ALL THAT CERTAIN PLOT, PIECE OF PARCEL OF LAND SITUATE, LYING AN BEING
IN THE BOROUGH OF MANHATTAN, COUNTY, CITY AND STATE OF NEW YORK, BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE
OF  ASTOR PLACE AND THE EASTERLY SIDE OF BROADWAY; RUNNING THENCE NORTH-
ERLY ALONG THE EASTERLY SIDE OF BROADWAY, 133 FEET 1/2 OF AN INCH TO THE
CORNER FORMED BY THE INTERSECTION OF EASTERLY SIDE OF BROADWAY  AND  THE
SOUTHERLY SIDE OF EAST 8TH STREET;
THENCE  EASTERLY  ALONG  THE SOUTHERLY SIDE OF EAST 8TH STREET, 116 FEET
81/4 INCHES;
THENCE SOUTHERLY ON A LINE FORMING AN ANGLE OF 97 DEGREES 51 MINUTES  40
SECONDS  WITH THE SOUTHERLY SIDE OF EAST 8TH STREET, 98 FEET 7 INCHES TO
THE NORTHERLY SIDE OF ASTOR PLACE;
THENCE WESTERLY ALONG THE NORTHERLY SIDE OF ASTOR PLACE, 143  FEET  91/2
INCHES TO THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF
ASTOR PLACES AND THE EASTERLY SIDE OF BROADWAY, AT THE POINT OR PLACE OF
BEGINNING.
  S 2. This act shall take effect immediately.

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