senate Bill S5829

2011-2012 Legislative Session

Relates to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2012 referred to economic development
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.37
Jan 04, 2012 referred to commerce, economic development and small business
returned to senate
died in assembly
Jun 23, 2011 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1537
Jun 20, 2011 referred to rules

Votes

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Jan 18, 2012 - Commerce, Economic Development and Small Business committee Vote

S5829
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jan 18, 2012

aye wr (1)

Jun 23, 2011 - Rules committee Vote

S5829
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S5829 - Bill Details

See Assembly Version of this Bill:
A9330
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64-c, ABC L

S5829 - Bill Texts

view summary

Relates to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer for certain premises in the county of Erie.

view sponsor memo
BILL NUMBER:S5829

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to
authorizing the liquor
authority to issue certain licenses to manufacture and sell alcoholic
beverages
in a premises commonly known as a restaurant-brewer

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the Alcohol Beverage Control law, allowing issuance
of a retail license for on premises consumption of alcohol at 338
Ellicott St., 437 Ellicott St., 90 Pearl St., and 326 to 330 Amherst
St., all in Buffalo, NY.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 10 of section 64-c of the alcoholic beverage control law,
as added by chapter 538 of the laws of 1997, is amended to add a
section (a) that reads; except as provided in subdivisions seven,
eight, nine, twelve, thirteen, fourteen and sixteen of this section,
no person licensed under this section may be interested directly or
indirectly in any other premises in this state where alcoholic
beverages are manufactured of sold. Any person who has an interest in
premises eligible for conversion under subdivision nine of this
section shall not be issued any license under this section unless and
until a conversion application has been filed with and approved by
the authority.

JUSTIFICATION:
In most developing urban downtowns like Buffalo the first thing to
arrive in terms of that new development is housing. There is well
over 2000 people living in downtown Buffalo and the next phase of
development will be the establishment of new small restaurants. There
are several properties in downtown Buffalo expected to open new
restaurants in the next 12 months. This legislation would allow a
business owner with an existing restaurant brewery to open up new
restaurants downtown thereby developing currently vacant property
creating jobs, and attracting thousands of new customers to these new
locations once they are established.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
No fiscal implications to the state.

EFFECTIVE DATE:
Immediately.

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

                                  5829

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing the liquor authority to issue certain licenses to manufac-
  ture  and  sell  alcoholic beverages in a premises commonly known as a
  restaurant-brewer

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

  Section  1.  Subdivision  10 of section 64-c of the alcoholic beverage
control law, as added by chapter 538 of the laws of 1997, is amended  to
read as follows:
  10. (A) Except as provided in subdivisions seven, eight, nine, twelve,
thirteen, fourteen and sixteen of this section, no person licensed under
this section may be interested directly or indirectly in any other prem-
ises  in  this state where alcoholic beverages are manufactured or sold.
Any person who has an interest in premises eligible for conversion under
subdivision nine of this section shall not be issued any  license  under
this  section  unless  and until a conversion application has been filed
with and approved by the authority.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  AUTHORITY  MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S
LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE  FOLLOWING
PREMISES:
  ALL  THAT  TRACT  OR  PARCEL  OF LAND SITUATED IN THE CITY OF BUFFALO,
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF INNER LOT  NO.  200,
DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A  POINT IN THE WEST LINE OF ELLICOTT STREET WHERE SAID
WEST LINE IS INTERSECTED BY THE SOUTHERLY LINE OF  SAID  INNER  LOT  NO.
200, WHICH POINT IS ONE HUNDRED EIGHTY-NINE AND SIX TENTHS (189.60) FEET
SOUTH  OF THE INTERSECTION OF SAID WEST LINE OF ELLICOTT STREET WITH THE
SOUTH LINE OF HURON STREET; RUNNING THENCE WESTERLY ALONG THE SOUTH LINE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13197-01-1

S. 5829                             2

OF SAID INNER LOT NO. 200, ONE  HUNDRED  (100)  FEET;  THENCE  NORTHERLY
PARALLEL  WITH  ELLICOTT  STREET FORTY-EIGHT AND FIVE HUNDREDTHS (48.05)
FEET; THENCE EASTERLY AND AT RIGHT ANGLES TO  ELLICOTT  STREET  EIGHTEEN
AND  THIRTY-SIX  HUNDREDTHS  (18.36) FEET; THENCE SOUTHERLY ONE (1) FOOT
MORE OR LESS TO A DIVISION LINE OF THE NORTHERLY WALL OF BUILDING  KNOWN
AS  NO.  338-342 ELLICOTT STREET AND SOUTHERLY WALL OF BUILDING KNOWN AS
NO. 346 ELLICOTT STREET: THENCE EASTERLY AND AT RIGHT ANGLES TO ELLICOTT
STREET EIGHTY-ONE AND SIXTY-FOUR HUNDREDTHS (81.64) FEET TO THE WESTERLY
LINE OF ELLICOTT STREET; THENCE SOUTHERLY ALONG  THE  WESTERLY  LINE  OF
ELLICOTT STREET FORTY-SIX AND SEVENTY-TWO HUNDREDTHS (46.72) FEET TO THE
POINT OR PLACE OF BEGINNING.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER  OF  A  RESTAURANT-BREWER'S
LICENSE,  A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING
PREMISES:
  BEGINNING AT A POINT IN THE  EASTERLY  LINE  OF  ELLICOTT  STREET  ONE
HUNDRED  EIGHTY-FIVE  (185)  FEET NORTHERLY FROM THE INTERSECTION OF THE
NORTHERLY LINE OF CHIPPEWA STREET WITH THE  EASTERLY  LINE  OF  ELLICOTT
STREET  ABOUT  ONE  HUNDRED  EIGHTEEN  (118)  FEET;  THENCE WESTERLY ONE
HUNDRED TWENTY-NINE  AND  FIVE  HUNDREDTHS  (129.05)  FEET  TO  ELLICOTT
STREET; THENCE SOUTHERLY ON THE EAST LINE OF ELLICOTT STREET TWENTY-FOUR
(24) FEET TO THE PLACE OF BEGINNING, BE THE SAME MORE OR LESS.
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER  OF  A  RESTAURANT-BREWER'S
LICENSE,  A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING
PREMISES.
  ALL THAT TRACT OR PARCEL OF LAND, SITUATED IN  THE  CITY  OF  BUFFALO,
COUNTY  OF  ERIE  AND  STATE OF NEW YORK, BEING PART OF INNER LOT NUMBER
SEVENTY-ONE (71), DESCRIBED AS FOLLOWS:
  BEGINNING IN THE WESTERLY LINE OF PEARL STREET AT THE SOUTHEAST CORNER
OF INNER LOT NUMBER SEVENTY ONE (71), WHICH IS ALSO THE  NORTH  LINE  OF
INNER  LOT  NUMBER  SEVENTY  (70), ONE HUNDRED TWENTY AND THREE TWELFTHS
(120 3/12) FEET TO A POINT DISTANT EASTERLY FROM THE  EASTERLY  LINE  OF
FRANKLIN  STREET ONE HUNDRED TWELVE (112) FEET MEASURED ALONG SAID SOUTH
LINE OF INNER LOT NUMBER SEVENTY-ONE (71), WHICH POINT IS THE  SOUTHEAST
CORNER OF A CERTAIN "COURT" DESCRIBED IN DEED RECORDED IN THE ERIE COUN-
TY  CLERK'S  OFFICE  IN  LIBER 1316 OF DEEDS AT PAGE 210; RUNNING THENCE
NORTHERLY PARALLEL WITH FRANKLIN STREET AND ALONG THE EASTERLY  LINE  OF
THE  "COURT"  LAST  MENTIONED EIGHTY (80) FEET MORE OR LESS TO THE NORTH
LINE OF INNER LOT NUMBER SEVENTY-ONE (71);  THENCE  EASTERLY  ALONG  THE
SAID  NORTH OF INNER LOT NUMBER SEVENTY-ONE (71); ONE HUNDRED TWENTY AND
THREE TWELFTHS (120 3/12) FEET MORE OR LESS  TO  THE  WESTERLY  LINE  OF
PEARL  STREET;  THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PEARL STREET
SEVENTY-NINE HUNDREDTHS (79.97) FEET TO THE PLACE OF BEGINNING.
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  AUTHORITY  MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S
LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE  FOLLOWING
PREMISES:
  ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE CITY OF BUFFALO,
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 248  OF  THE
PARISH TRACT SO CALLED, BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT A POINT IN THE NORTHERLY LINE OF AMHERST STREET 445 FEET
WESTERLY FROM THE INTERSECTION WITH THE WESTERLY LINE OF  GRANT  STREET;
THENCE  NORTHERLY AT RIGHT ANGLES TO AMHERST STREET, 175.22 FEET; THENCE
WESTERLY 37.49 FEET; THENCE SOUTHERLY PARALLEL WITH THE FIRST  DESCRIBED

S. 5829                             3

LINE  162.79 FEET TO AMHERST STREET; THENCE EASTERLY ALONG THE NORTHERLY
LINE OF AMHERST STREET 35 FEET TO THE PLACE OF BEGINNING.
  ALL  THAT  TRACT  OR  PARCEL OF LAND, SITUATED IN THE CITY OF BUFFALO,
COUNTY OF ERIE AND STATE OF NEW YORK,  BEING  PARK  OF  LOT  NUMBER  TWO
HUNDRED  FORTY-EIGHT  (248)  OF THE PARISH TRACT, SO CALLED, AND FURTHER
DISTINGUISHED AS THE EAST FIFTEEN (15) FEET OF  SUBDIVISION  LOT  NUMBER
NINE  (9) AND THE WEST TWENTY (20) FEET OF SUBDIVISION LOT NUMBER ELEVEN
(11) AS SHOWN AS MAP FILED IN ERIE COUNTY  CLERK'S  OFFICE  UNDER  COVER
NUMBER 24, AMHERST STREET, NORTHWEST SIDE, FOUR HUNDRED FIFTY (450) FEET
EAST OF MILITARY ROAD.
  S 2. This act shall take effect immediately.

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