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

                                  4812

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  manufacturers and wholesalers  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. The opening paragraph of paragraph (a) of subdivision 1  of
section 101 of the alcoholic beverage control law, as amended by chapter
22 of the laws of 2011, is amended to read as follows:
  Be  interested  directly or indirectly in any premises where any alco-
holic beverage is sold at retail EXCEPT THAT IT SHALL  NOT  BE  UNLAWFUL
FOR  A  MANUFACTURER  OR  WHOLESALER  LICENSED  UNDER THIS CHAPTER TO BE
INTERESTED DIRECTLY OR INDIRECTLY IN ANY PREMISES WHERE ALCOHOLIC BEVER-
AGES ARE SOLD SO LONG AS THE WHOLESALER'S  OR  MANUFACTURER'S  ALCOHOLIC
BEVERAGE IS NOT SOLD AT SAID PREMISES; 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
  S 2. Section 103 of the alcoholic beverage control law is  amended  by
adding a new subdivision 10 to read as follows:
  10.  ANY MANUFACTURER SHALL BE PERMITTED A RETAIL LICENSE FOR ON-PREM-
ISES CONSUMPTION IN ANY PREMISES WHERE LIQUORS, WINES OR BEER  ARE  SOLD
AT  WHOLESALE,  BY  STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR
LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS, EXCEPT THAT
LIQUORS, WINES OR BEER MAY BE  SOLD  BY  THE  PERSON  LICENSED  AS  SAID
MANUFACTURER  THEREOF  SO  LONG AS THE ALCOHOLIC BEVERAGE OR BEVERAGE OF
SAID RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-01-3

              

S. 4812                             2

  S 3. Section 104 of the alcoholic beverage control law is  amended  by
adding a new subdivision 12 to read as follows:
  12. ANY WHOLESALER SHALL BE PERMITTED A RETAIL LICENSE FOR ON-PREMISES
CONSUMPTION  IN  ANY  PREMISES  WHERE LIQUORS, WINES OR BEER ARE SOLD AT
WHOLESALE, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR  LIEN
ON  ANY  PERSONAL  OR  REAL  PROPERTY OR BY ANY OTHER MEANS, EXCEPT THAT
LIQUORS, WINES OR BEER MAY BE SOLD WHOLESALE BY THE PERSON  LICENSED  AS
WHOLESALER THEREOF SO LONG AS THE ALCOHOLIC BEVERAGE OR BEVERAGE OF SAID
RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMPTION.
  S  4.  The  opening  paragraph of 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:
  No  retail  licensee  for on-premises consumption shall be interested,
directly or indirectly, in any premises where liquors, wines or beer are
manufactured or sold at  wholesale,  by  stock  ownership,  interlocking
directors,  mortgage  or lien on any personal or real property or by any
other means, except that liquors, wines or beer may be  manufactured  or
sold  wholesale  by  the person licensed as a manufacturer or wholesaler
thereof, EXCEPT THAT A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL
BE PERMITTED TO BE INTERESTED, DIRECTLY OR INDIRECTLY, IN  ANY  PREMISES
WHERE  LIQUORS,  WINES OR BEER ARE MANUFACTURED OR SOLD AT WHOLESALE, BY
STOCK  OWNERSHIP,  INTERLOCKING  DIRECTORS,  MORTGAGE  OR  LIEN  ON  ANY
PERSONAL  OR  REAL  PROPERTY BY ANY MEANS, EXCEPT THAT LIQUORS, WINES OR
BEER MAY BE MANUFACTURED OR SOLD WHOLESALE BY THE PERSON LICENSED  AS  A
MANUFACTURER  OR WHOLESALER THEREOF SO LONG AS THE ALCOHOLIC BEVERAGE OR
BEVERAGE OF SAID RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE  CONSUMP-
TION,  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 boun-
daries  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 eight, 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, 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 prem-
ise and the rental therefor fully comply with the criteria 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.

S. 4812                             3

Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964, and filed in the
Essex  County  Clerk's  Office on August 27, 1964, and more particularly
bounded and described as follows; BEGINNING at the intersection  of  the
northerly  bounds  of  Shore  Drive  (formerly  Mirror  Street) with the
westerly bounds of Park Place (formerly Rider  Street)  which  point  is
also  the  northeast corner of Lot No. 23, from thence South 21°50' East
in the westerly bounds of Park Place a distance of  119  feet,  more  or
less,  to  a lead plug in the edge of the sidewalk marking the southeast
corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
South 68°00'50" West a distance of 50.05 feet to an  iron  pipe  set  in
concrete  at  the  corner of Lots 23 and 22; from thence South 65°10'50"
West a distance of 7.94 feet along the south line of Lot No.  22  to  an
iron  pipe  for  a corner; from thence North 23°21'40" West and at 17.84
feet along said line passing over a drill hole in a  concrete  sidewalk,
and  at  68.04 feet further along said line passing over an iron pipe at
the southerly edge of another sidewalk, and at 1.22 feet  further  along
said  line  passing  over  another  drill  hole  in  a sidewalk, a total
distance of 119 feet, more or less, to the northerly line of Lot No. 22;
from thence easterly in the northerly line of  Lot  22  and  23  to  the
northeast  corner of Lot No. 23 and the point of beginning. Also includ-
ing the lands to the center of Shore Drive included between the norther-
ly straight line continuation of the side lines of the  above  described
parcel,  and  to  the  center  of  Park Place, where they abut the above
described premises SUBJECT to the use thereof for street purposes. Being
the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
July 10, 1992 in Book 1017 of Deeds at Page 318, 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
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

S. 4812                             4

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.
  S 5. This act shall take effect immediately.

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

                                 4812--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

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

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. The opening paragraph of paragraph (a) of subdivision 1  of
section 101 of the alcoholic beverage control law, as amended by chapter
22 of the laws of 2011, is amended to read as follows:
  Be  interested  directly or indirectly in any premises where any alco-
holic beverage is sold at retail EXCEPT THAT IT SHALL  NOT  BE  UNLAWFUL
FOR A MANUFACTURER LICENSED UNDER THIS CHAPTER TO BE INTERESTED DIRECTLY
OR  INDIRECTLY  IN ANY RESTAURANT AS DEFINED IN THIS CHAPTER WHERE ALCO-
HOLIC BEVERAGES ARE SOLD SO LONG AS THE MANUFACTURER'S ALCOHOLIC  BEVER-
AGE IS NOT SOLD AT SAID RESTAURANT AS DEFINED IN THIS CHAPTER; or in any
business devoted wholly or partially to the sale of any alcoholic bever-
age  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
  S  2.  Section 103 of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
  10. ANY MANUFACTURER SHALL BE PERMITTED A RETAIL LICENSE FOR  ON-PREM-
ISES  CONSUMPTION  IN  ANY  RESTAURANT  AS DEFINED IN THIS CHAPTER WHERE
LIQUORS, WINES OR BEER ARE SOLD, EXCEPT THAT SAID MANUFACTURER SHALL  BE
PROHIBITED  FROM  SELLING  ITS PRODUCT AT SAID RESTAURANT WHERE IT HAS A
RETAIL LICENSE.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-05-3


              

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

                                 4812--C

                       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

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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-08-4
              

S. 4812--C                          2

thirty-five  and  three hundred thirty-six, and township twelve, Thorn's
survey, great lot numbers one hundred six and one hundred  thirteen,  as
shown  on the Adirondack map, compiled by the conservation department of
the  state  of  New  York  - nineteen hundred sixty-four edition, in the
Essex county atlas at page twenty-seven  in  the  Essex  county  clerk's
office,  Elizabethtown,  New York, provided that 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

S. 4812--C                          3

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 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

S. 4812--C                          4

City,  on  the  Northerly  side  of  Union Street, which was conveyed by
William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
day  of December 1843, and recorded in the Clerk's Office of Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said  deed  is bounded and described as follows: Beginning at a point in
the Northerly line of Union Street where it is intersected by the  East-
erly  line  of  property  numbered  235  Union  Street,  which is hereby
conveyed, and running thence Northerly along the Easterly line  of  said
property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
sixteen (16) feet Southerly from the Southerly line of  the  new  garage
built  upon  land  adjoining on the North; thence Westerly parallel with
said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
One Hundred Forty and 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

S. 4812--C                          5

with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
  Also all that tract or parcel of land  commonly  known  as  the  Union
Street  School,  located  on the Northeasterly corner of Union and North
College Streets in the First Ward of the City and County of  Schenectady
and  State  of  New  York,  more  particularly  bounded and described as
follows:  Beginning at a point in the Northerly  street  line  of  Union
Street  where  it  is  intersected  by the Easterly street line of North
College Street, and runs thence Northerly along the Easterly street line
of North College Street, one hundred seven and five-tenths (107.5)  feet
to  a  point,  thence  easterly  at an angle of ninety (90) degrees, one
hundred ninety-one and seventy-five hundredths (191.75) feet to a  point
in  the Northwesterly street line of Erie Boulevard thence southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred twen-
ty-three and eight-tenths (123.8) feet  to  its  intersection  with  the
Northerly  street line of Union Street; thence Westerly along the North-
erly street line of Union Street, one hundred twenty-four and fifty-five
hundredths (124.55) feet to the point or place of beginning.
  The above described parcel of property includes the Blue  Line  parcel
of  land,  which is a portion of the abandoned Erie Canal Lands, located
in the First Ward of the City of Schenectady, New York, and  which  Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth  in the above described premises and the Northeasterly lot line of
the old Union Street School as it runs parallel with  the  Northwesterly
line of Erie Boulevard as aforesaid.
  The  two  above  parcels  are  together more particularly described as
follows: All that parcel of land in the City of Schenectady beginning at
a point in the northerly margin of Union Street  and  the  northwesterly
margin  of  Erie Boulevard and runs thence along Union Street N. 86 deg.
42' 20" W. 124.55 feet to the easterly margin of North  College  Street;
thence  along  North  College Street N. 05 deg 04' 40" E. 107.50 feet to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55'  20"  E.
191.75  feet to the northwesterly margin of Erie Boulevard; thence along
Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of  begin-
ning, 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

S. 4812--C                          6

07°-14'-47", a length of 280.98 feet to a point  of  reverse  curvature;
thence,  Northeasterly on a curve to the right having a radius of 843.42
feet, a chord bearing of North 45°-25'-09" East,  a  chord  distance  of
534.08,  a  central  angle  of 36°-55'-01", a length of 543.43 feet to a
point; thence, South 30°-04'-59" East, a distance of 18.28 feet  to  the
corner  of  the property acquired by Ontario County (Liber 766 of Deeds,
Page 1112), as shown on a map recorded in  the  Ontario  County  Clerk's
Office  as  Map  No.  6313;  thence,  the following four (4) courses and
distances along said property line: South 30°-04'-59" East,  a  distance
of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of
200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
erty line, and the projection thereof, through the first said  lands  of
Ontario  County  -  Finger  Lakes Community College (Liber 698 of Deeds,
Page 466), a distance of 517.96 feet to Point of Beginning. Said  parcel
containing  7.834  acres,  more  or  less,  as  shown  on a map entitled
"Proposed Lease Area - Friends  of  the  Finger  Lakes  Performing  Arts
Center,  Hopewell,  NY", prepared by Bergmann Associates, drawing LM-01,
dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
erties are shown on the Map denominated  "FLCC  Campus  Property,  FLPAC
Ground  Lease,  Parking, Vehicular & Pedestrian Access", recorded in the
Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
at page 9 and are comprised of the areas separately labeled  as  Parking
Lot  'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
Entry Roads; or 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 paral-
lel with the easterly side of seventh avenue one hundred feet five inch-
es to the center line of the block; running thence easterly and parallel
with the northerly side of west fifty-fourth street and along the center
line of the block fifty feet to a point; running  thence  northerly  and
parallel  with the easterly side of seventh avenue one hundred feet five
inches to the southerly side of  west  fifty-fifth  street  at  a  point
distant  one  hundred  fifty  feet easterly from the intersection of the
said southerly side of west fifty-fifth street and the easterly side  of
seventh avenue; running thence easterly along the southerly side of west
fifty-fifth  street  thirty-one  feet  three  inches to a point; running
thence southerly and parallel with the  easterly  side  of  the  seventh
avenue  one  hundred  feet  five inches to the center line of the block;
running thence easterly along the center line of the block and  parallel
with  the  southerly  side of west fifty-fifth street, one hundred feet;
running thence northerly and parallel with the easterly side of  seventh
avenue  one  hundred  feet  five  inches  to  the southerly side of west
fifty-fifth street; running thence easterly along the southerly side  of
west  fifty-fifth  street  twenty-one  feet ten and one-half inches to a
point; running thence southerly and parallel with the easterly  side  of
seventh  avenue  one  hundred feet five inches to the center line of the
block; running thence westerly along the center line of  the  block  and
parallel  with the 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

S. 4812--C                          7

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; OR
   ANY  SUCH  PREMISES  OR  BUSINESS  CONSTITUTING  A  RETAIL BAKERY AND
RESTAURANT AS DEFINED IN THIS CHAPTER CONTAINED WHOLLY WITHIN THE BOUND-
ARIES OF THE COUNTY OF NEW YORK, BEGINNING AT THE CORNER FORMED  BY  THE
INTERSECTION  OF  THE WESTERLY SIDE OF 3RD AVENUE AND THE NORTHERLY SIDE
OF EAST 74TH STREET; RUNNING THENCE NORTHERLY ALONG THE WESTERLY SIDE OF
3RD AVENUE, 76 FEET 8 INCHES; THENCE WESTERLY PARALLEL  WITH  EAST  74TH
STREET,  100  FEET; THENCE SOUTHERLY PARALLEL WITH 3RD AVENUE, 76 FEET 8
INCHES TO THE NORTHERLY SIDE OF EAST 74TH STREET;  AND  THENCE  EASTERLY
ALONG  THE  NORTHERLY  SIDE  OF EAST 74TH STREET, 100 FEET TO THE CORNER
FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF EAST 74TH STREET AND
THE WESTERLY SIDE OF 3RD AVENUE, TO THE POINT OR PLACE OF BEGINNING.
  AND, BEGINNING AT A POINT  ON  THE  SOUTHERLY  SIDE  OF  40TH  STREET,
DISTANT  147 FEET 6 INCHES WESTERLY FROM THE CORNER FORMED BY THE INTER-
SECTION OF THE WESTERLY SIDE OF 5TH AVENUE WITH THE  SOUTHERLY  SIDE  OF
40TH  STREET;  AND,  RUNNING THENCE SOUTHERLY AND PARALLEL TO 5TH AVENUE
AND PART OF THE DISTANCE THROUGH A PARTY WALL, 98 FEET 9 INCHES;  THENCE
WESTERLY  PARALLEL  WITH 40TH STREET, 62 FEET 6 INCHES; THENCE NORTHERLY
AGAIN PARALLEL WITH 5TH AVENUE AND PART OF THE DISTANCE THROUGH  ANOTHER
PARTY WALL 98 FEET 9 INCHES TO THE SOUTHERLY SIDE OF 40TH STREET; THENCE
EASTERLY ALONG THE SOUTHERLY SIDE OF 40TH STREET 62 FEET 6 INCHES TO THE
POINT OR PLACE OF BEGINNING.
  AND BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHER-
LY  SIDE  OF  21ST  STREET WITH THE EASTERLY SIDE OF 5TH AVENUE; RUNNING
THENCE NORTHERLY ALONG THE EASTERLY SIDE OF 5TH AVENUE, 62  FEET  3  1/2
INCHES; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS EASTER-
LY  SIDE  WITH  THE  SAID  EASTERLY SIDE OF 5TH AVENUE OF 88 DEGREES, 30
MINUTES, 81 FEET 1/2 INCH; THENCE SOUTHERLY ALONG A LINE WHICH FORMS  AN
ANGLE 90 DEGREES, 5 MINUTES AND 30 SECONDS ON ITS WESTERLY SIDE WITH THE
LAST  MENTIONED  COURSE  15  FEET  2 INCHES TO THE SOUTHERLY FACE OF THE
SOUTHERLY WALL OF THE ONE STORY BRICK BUILDING ON THE PREMISES  ADJOURN-
ING  THE  PREMISES  HEREBY DESCRIBED ON THE NORTH; THENCE EASTERLY ALONG
THE SOUTHERLY FACE OF THE SOUTHERLY WALL OF SAID BUILDING, 10  FEET  1/2
INCHES  TO  THE END THEREOF; THENCE NORTHERLY ALONG THE EASTERLY FACE OF
SAID WALL, 1/2 INCH TO THE CENTER LINE OF A PARTY WALL  STANDING  PARTLY
ON  THE  PREMISES HEREBY DESCRIBED AND PARTLY ON THE PREMISES ADJOURNING
ON THE NORTH; THENCE EASTERLY THROUGH THE CENTER OF SAID PARTY WALL,  23
FEET  5  1/2 INCHES TO AN ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL
ALONG THE CENTER OF SAID PARTY WALL, 24 FEET 1/2 OF AN INCH  TO  ANOTHER
ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL ALONG SAID CENTER LINE OF
SAID PARTY WALL, 33 FEET 11 7/8 INCHES TO THE WESTERLY SIDE OF BROADWAY;
THENCE  SOUTHERLY  ALONG THE WESTERLY SIDE OF BROADWAY, 65 FEET 4 INCHES
TO THE CORNER FORMED BY THE INTERSECTION OF SAID WESTERLY SIDE OF BROAD-

S. 4812--C                          8

WAY WITH THE NORTHERLY SIDE OF 21ST STREET; AND  THENCE  WESTERLY  ALONG
THE  SOUTHERLY  SIDE  OF  21ST STREET, 195 FEET TO THE POINT OR PLACE OF
BEGINNING.
  AND, BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF CENTRAL PARK SOUTH,
FORMERLY KNOWN AS 59TH STREET, IN THE SAID BOROUGH AND CITY, DISTANT 450
FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY
SIDE  OF  SEVENTH  AVENUE  WITH  THE SAID SOUTHERLY SIDE OF CENTRAL PARK
SOUTH; RUNNING THENCE SOUTHERLY, PARALLEL WITH SEVENTH AVENUE  200  FEET
10  INCHES  TO  THE  NORTHERLY SIDE OF WEST 58TH STREET; THENCE WESTERLY
ALONG THE NORTHERLY SIDE OF WEST 58TH STREET, 145 FEET TO  THE  EASTERLY
SIDE OF BROADWAY; THENCE NORTHWESTERLY ALONG THE EASTERLY SIDE OF BROAD-
WAY  165 FEET 9 1/2 INCHES TO ITS INTERSECTION WITH THE EASTERLY SIDE OF
GRAND OR COLUMBUS CIRCLE; THENCE NORTHERLY ALONG THE  EASTERLY  SIDE  OF
GRAND  OR  COLUMBUS  CIRCLE,  50  FEET 3 INCHES TO THE SOUTHERLY SIDE OF
CENTRAL PARK SOUTH; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF  CENTRAL
PARK SOUTH, 189 FEET 10 1/2 INCHES TO THE POINT OR PLACE OF BEGINNING.
  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
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;
  AND  BEGINNING  AT A CORNER FORMED BY THE INTERSECTION OF THE EASTERLY
SIDE OF THIRD AVENUE WITH  THE  SOUTHERLY  SIDE  OF  EAST  87TH  STREET;
RUNNING  THENCE  EASTERLY  ALONG  THE SOUTHERLY SIDE OF 87TH STREET, 125
FEET; THENCE SOUTHERLY AND PARALLEL WITH THIRD AVENUE,  100  FEET  8-1/2
INCHES  TO  THE  CENTER  LINE  OF THE BLOCK; THENCE, WESTERLY ALONG SAID
CENTER LINE OF THE BLOCK, 25 FEET; THENCE SOUTHERLY  AND  PARALLEL  WITH
THIRD  AVENUE,  22  FEET 8-1/2 INCHES; THENCE WESTERLY AND PARALLEL WITH
EAST 87TH STREET, 100 FEET TO THE EASTERLY SIDE OF THIRD AVENUE;  THENCE
NORTHERLY ALONG THE SAID EASTERLY SIDE OF THIRD AVENUE, 123 FEET 5 INCH-
ES TO THE POINT OR PLACE OF BEGINNING.
  S 2. This act shall take effect immediately.

                            
                    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.