senate Bill S6376

Signed by Governor

Relates to the exemption of certain parcels of land

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Sponsor

Bill Status


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

  • 21 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2014
    • 1ST REPORT CAL.305
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 16 / Jun / 2014
    • SUBSTITUTED FOR A8579
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.278
  • 16 / Jun / 2014
    • PASSED ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.301

Summary

Relates to the exemption of certain parcels of land.

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Bill Details

See Assembly Version of this Bill:
A8579
Versions:
S6376
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101 & 106, ABC L

Sponsor Memo

BILL NUMBER:S6376

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

PURPOSE: To add a certain parcel of land in the town of Oneonta 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.

SUMMARY OF PROVISIONS: Amends Sections 101(1)(a) and 106(13) of the
Alcoholic Beverage Control Law, which restrict the relationships
between manufacturers, wholesalers and retailers, by adding a specific
parcel of land in the town of Oneonta to the list of parcels which are
exempt from these laws.

EXISTING LAW: Current law restricts ownership interests between
alcohol manufacturers, wholesalers and retailers. However, the law has
been amended on occasion to create specific exemptions from these
general prohibitions.

JUSTIFICATION: This legislation is necessary in order to permit the
creators of Cooperstown Vodka to apply for a farm distillery license.
As current retail licensee holders, they are currently prohibited
under the alcoholic beverage control law from also holding a farm
distillery license. The creators of Cooperstown Vodka have developed
an innovative new product made from New York State soft white wheat.
All ingredients, right down to the packaging materials, will be made
in New York State. This is directly in line with both the Pride of NY
program to promote NYS branded products and the governor's Taste NY
initiative which is dedicated to bringing New Yorkers the best
products grown and made in the state.

If approved, the farm distillery license will provide an opportunity
to put hundreds of people to work in all facets of the operation
including bottling, boxing and distribution. This legislation will
create jobs, improve both the local and state economy, and provide
support to local agriculture.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  6376

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen.  SEWARD -- 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 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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13385-01-3

S. 6376                             2

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
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

S. 6376                             3

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
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

S. 6376                             4

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
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

S. 6376                             5

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
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

S. 6376                             6

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.
  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

S. 6376                             7

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
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

S. 6376                             8

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)
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

S. 6376                             9

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
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;
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

S. 6376                            10

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 BUSINESSES LOCATED ON THAT
TRACT OR PARCEL OF LAND SITUATE LYING AND BEING IN THE TOWN OF  ONEONTA,
COUNTY  OF  OTSEGO  AND  STATE OF NEW YORK AND BEING A PORTION OF OTSEGO
COUNTY TAX MAP DEPARTMENT PARCEL  NUMBER  287.00-1-33  AND  BOUNDED  AND
DESCRIBED  AS FOLLOWS: BEGINNING AT A POINT 2.12 FEET OFF THE NORTHEAST-
ERLY CORNER OF A ONE STORY BUILDING ON THE LANDS, NOW  OR  FORMERLY,  OF
ABNER DOUBLEDAY, LLC, AKA COOPERSTOWN ALL STAR VILLAGE, LLC, AS OWNED BY
MARTIN  AND  BRENDA PATTON, WHICH POINT LIES N 87°55'13" W A DISTANCE OF
149.37' FROM  THE  NORTHEAST  CORNER  OF  THE  PATTON  LANDS;  THENCE  N
74°30'18"  W A DISTANCE OF 51.50 FEET TO A POINT; THENCE S 15°29'42" W A
DISTANCE OF 2.00 FEET TO A POINT; THENCE N 74°30'18"  W  A  DISTANCE  OF
14.00  FEET TO A POINT; THENCE S 15°29'42" W A DISTANCE OF 19.20 FEET TO
A POINT; THENCE S 74°30'18" E A DISTANCE  OF  14.20  FEET  TO  A  POINT;
THENCE  S  15°29'42"  W  A DISTANCE OF 4.20 FEET; THENCE S 74°30'18" E A
DISTANCE OF 51.30 FEET TO A POINT; THENCE N 15°29'42" E  A  DISTANCE  OF
25.40 FEET TO A POINT TO THE POINT AND PLACE OF BEGINNING.
CONTAINING  AN  AREA  OF  1576.06  SQUARE FEET, OR 0.036 ACRES WITH SUCH
BEARINGS REFERENCING MAGNETIC NORTH 1995.
THIS SURVEY IS SUBJECT TO ANY RIGHTS OF WAY OR EASEMENTS WHICH MAY  HAVE
BEEN GRANTED TO UTILITY COMPANIES.
  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

S. 6376                            11

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
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 22 of the laws of 2011, 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

S. 6376                            12

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
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

S. 6376                            13

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
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

S. 6376                            14

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
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.

S. 6376                            15

  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, 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

S. 6376                            16

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  SUCH  PREMISES OR BUSINESSES LOCATED ON THAT TRACT OR
PARCEL OF LAND SITUATE LYING AND BEING IN THE TOWN OF ONEONTA, COUNTY OF
OTSEGO AND STATE OF NEW YORK AND BEING A PORTION OF  OTSEGO  COUNTY  TAX
MAP  DEPARTMENT  PARCEL  NUMBER 287.00-1-33 AND BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT 2.12 FEET OFF THE NORTHEASTERLY CORNER  OF
A  ONE STORY BUILDING ON THE LANDS, NOW OR FORMERLY, OF ABNER DOUBLEDAY,
LLC, AKA COOPERSTOWN ALL STAR VILLAGE, LLC, AS OWNED BY MARTIN AND BREN-
DA PATTON, WHICH POINT LIES N 87°55'13" W A DISTANCE OF 149.37' FROM THE
NORTHEAST CORNER OF THE PATTON LANDS; THENCE N 74°30'18" W A DISTANCE OF
51.50 FEET TO A POINT; THENCE S 15°29'42" W A DISTANCE OF 2.00 FEET TO A
POINT; THENCE N 74°30'18" W A DISTANCE OF 14.00 FEET TO A POINT;  THENCE
S  15°29'42" W A DISTANCE OF 19.20 FEET TO A POINT; THENCE S 74°30'18" E
A DISTANCE OF 14.20 FEET TO A POINT; THENCE S  15°29'42" W A DISTANCE OF
4.20 FEET; THENCE S 74°30'18" E A DISTANCE OF 51.30  FEET  TO  A  POINT;
THENCE  N  15°29'42"  E A DISTANCE OF 25.40 FEET TO A POINT TO THE POINT
AND PLACE OF BEGINNING 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 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 east-
erly 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

S. 6376                            17

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  south-
erly  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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