A. 6499 2
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.
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
A. 6499 3
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
feet to an iron pin marking northeasterly corner of lands currently
owned by the Joint Council for Economic Opportunity of Plattsburgh and
A. 6499 4
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.