senate Bill S6851

2011-2012 Legislative Session

Authorizes granting of off-premises consumption liquor license to a premises that is within 200 feet of a school or place of worship in Lake Placid, Essex county

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 referred to economic development
delivered to assembly
passed senate
May 30, 2012 advanced to third reading
May 23, 2012 2nd report cal.
May 22, 2012 1st report cal.860
Mar 29, 2012 referred to investigations and government operations

Votes

view votes

May 22, 2012 - Investigations and Government Operations committee Vote

S6851
6
1
committee
6
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 22, 2012

nay (1)
aye wr (1)

S6851 - Bill Details

See Assembly Version of this Bill:
A9726
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §105, ABC L

S6851 - Bill Texts

view summary

Authorizes the granting of an off-premises consumption liquor license to a premises that is within 200 feet of a school or place of worship in Lake Placid, county of Essex.

view sponsor memo
BILL NUMBER:S6851

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
the granting of a retail license to sell liquor and/or wine for
off-premises consumption to a certain premises, in the village of Lake
Placid and county of Essex, that is located within 200 feet of a school
or place of worship

PURPOSE:
Authorizes granting of off-premises consumption liquor license to The
Haus Wine LLC.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 3 of section 105 of the alcoholic
beverage control law, allowing issuance of a retail license to sell
liquor and/or wine for off premises consumption for a premises within
200 feet of a place of worship.

JUSTIFICATION:
While the alcoholic beverage control law prohibits the sale of liquor
and/or wine for off-premises consumption at any location within 200
feet of a place of worship. This bill would make an exception to this
rule for The Haus Wine LLC in Lake Placid.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6851                                                  A. 9726

                      S E N A T E - A S S E M B L Y

                             March 29, 2012
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Investi-
  gations and Government Operations

IN  ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred
  to the Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  the  granting  of  a retail license to sell liquor and/or
  wine for off-premises  consumption  to  a  certain  premises,  in  the
  village of Lake Placid and county of Essex, that is located within 200
  feet of a school or place of worship

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

  Section 1. Subdivision 3 of section  105  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE  TO  SELL  LIQUOR  AND/OR
WINE  FOR  OFF-PREMISES CONSUMPTION, TO A PREMISES WHICH SHALL BE WITHIN
TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED SUCH PREMISES  CONSTITUTES
A  PREMISES FOR THE SALE OF LIQUOR AND/OR WINE FOR OFF-PREMISES CONSUMP-
TION LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ESSEX, BOUND-
ED AND DESCRIBED AS FOLLOWS:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF  LAND,  WITH  BUILDINGS  AND
IMPROVEMENTS  THEREON  SITUATED  IN  THE VILLAGE OF LAKE PLACID, TOWN OF
NORTH ELBA, COUNTY OF ESSEX, STATE OF NEW YORK BEING PART  OF  LOT  258,
TOWNSHIP  11,  OLD  MILITARY  TRACT, RICHARDS' SURVEY LYING EAST OF MAIN
STREET, ALSO CALLED NEW YORK STATE ROUTE  86,  SAID  PARCEL  BEING  MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A  POINT  IN THE CENTER OF MAIN STREET AT THE NORTHWEST
CORNER OF THE PREMISES HEREIN DESCRIBED AND FORMERLY KNOWN AS THE  SALI-
SIAN  LOT  THE  R.C.  PRIME BLOCK, THE BROWNELL-KAISER BUILDING OR 35-37
MAIN STREET;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15169-01-2

S. 6851                             2                            A. 9726

  THENCE SOUTH 74°15'06" EAST 149.50 TO A POINT ON  THE  WEST  SHORE  OF
MIRROR LAKE, SAID COURSE PASSING 1.5 FEET OR 18 INCHES SOUTH FACE OF THE
FORMER HURLEY BLOCK OR LEONARD BLOCK, SO-CALLED;
  THENCE  SOUTH 16°12'14" WEST 48.00 FEET ALONG THE SHORE OF MIRROR LAKE
TO A POINT AT THE NORTHEAST CORNER OF PARCEL NOW OWNED BY THE VILLAGE OF
LAKE PLACID AND KNOWN AS BANDSHELL PARK OR MID'S PARK;
  THENCE NORTH 74°15'06" WEST 149.43 FEET ALONG THE SOUTH  LINE  OF  THE
SUBJECT PREMISES TO A POINT IN THE CENTER OF MAIN STREET;
  THENCE NORTH 16°01'13" EAST 48.00 FEET ALONG THE CENTER OF MAIN STREET
TO  THE  POINT-OF-BEGINNING,  AS  SURVEYED BY ROBERT M. MARVIN, JR. LAND
SURVEYOR, ON FEBRUARY 14, 2008.
  TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE LAND AND THE
LAND UNDER THE WATER OF MIRROR LAKE AS THE NORTH  AND  SOUTH  LINES  ARE
EXTENDED EASTERLY TO THE EAST LINE OF LOT 258, TOWNSHIP 11, OLD MILITARY
TRACT, RICHARDS' SURVEY.
  GRANTING  AND  RESERVING ALL STRUCTURES, WIRES, LINES AND EASEMENTS OF
RECORD FOR PUBLIC UTILITIES PURPOSES AS  THE  SAME  NOW  EXIST  UPON  OR
AFFECT  THE  PREMISES HEREINABOVE DESCRIBES, AND EXCEPTING THE LAND WITH
IN MAIN STREET.
  TOGETHER WITH AND SUBJECT TO A THREE FOOT (3') EASEMENT AND  RIGHT-OF-
WAY  ALONG THE NORTHERLY SIDE OF THE STRUCTURE AND BEING EIGHTEEN INCHES
(18") ON EACH SIDE OF THE PROPERTY LINE FOR PASSAGE, LIGHT  AND  AIR  AS
THE  SAME  HAS  BEEN PROVIDED FOR BY AN AGREEMENT BETWEEN MATTHEW HURLEY
AND MIHRAIN S. SALISAIN DATED THE 12TH DAY OF OCTOBER 1910 AND  RECORDED
IN  THE  ESSEX  COUNTY CLERK'S OFFICE IN DEED BOOK 143 PAGE 260 TO WHICH
REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR AND DETAILED  DESCRIPTION
OF THE RIGHTS AND INTERESTS.
  TOGETHER WITH AND SUBJEC TO FIVE FOOT (5') EASEMENT AND WALKWAY AGREE-
MENT LYING TWO FEET (2') SOUTH AND THREE FEET (3') NORTH OF THE SOUTHER-
LY  PROPERTY  LINE  OF  SAID  PREMISES ACCORDING TO AN AGREEMENT BETWEEN
JEROME SPINNER AND WILLIAM HELMS AND THE VILLAGE OF  LAKE  PLACID  DATED
THE  3RD  DAY OF JULY 1984 AND RECORDED THE 178TH DAY OF JANUARY 1985 IN
THE ESSEX COUNTY CLERKS OFFICE IN DEED BOOK 826 AT  PAGE  113  TO  WHICH
REFERENCE  IS HEREBY MADE FOR A MORE PARTICULAR AND DETAILED DESCRIPTION
OF RIGHTS AND INTERESTS.
  SUBJECT TO AND  TOGETHER  WITH  ANY  AND  ALL  COVENANTS,  CONDITIONS,
RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD.
  BEING  THE  SAME  PREMISES CONVEYED BY SILBERSKY, LLC TO PETER KARI AS
QUALIFIED INTERMEDIARY FOR MATRAC GROUP, LLC BY WARRANTY DEED AND  DATED
THE 12TH DAY OF MARCH, 2008.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.