senate Bill S4812D

2013-2014 Legislative Session

Relates to manufacturers of alcohol and their interest in any premises where alcohol is sold and retail licenses

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Archive: Last Bill Status - In Committee


  • 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
Jun 10, 2014 print number 4812d
amend and recommit to investigations and government operations
Mar 13, 2014 print number 4812c
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
Jun 24, 2013 referred to economic development
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1608
committee discharged and committed to rules
Jun 13, 2013 print number 4812b
amend and recommit to investigations and government operations
May 14, 2013 print number 4812a
amend (t) and recommit to investigations and government operations
Apr 24, 2013 referred to investigations and government operations

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S4812 - Bill Details

See Assembly Version of this Bill:
A8012B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812 - Bill Texts

view summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

view sponsor memo
BILL NUMBER:S4812

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers and wholesalers of alcohol and retail
interest and licenses

PURPOSE: The purpose of this legislation is to update the Alcohol
Beverage Control Law with respect to the so called "tied house laws"
to allow a tied house to have an interest in an establishment where
alcohol is sold, just not its product.

SUMMARY OF PROVISIONS: Section 1. Amends Section 101(a) to allow a
manufacturer or wholesaler of alcoholic beverages to have an interest
in a premises that is licensed to sell alcoholic beverages so long as
it does not sell its own alcoholic beverage.

Section 2. Amends Section 103 by adding a new sub section 10 to allow
a manufacturer to have an interest in a licensed premises.

Section 3. Amends Section 104 by adding a new sub section 12 to allow
a wholesaler to have an interest in a licensed premises.

Section 4. Amends Section 106 (13) to allow a manufacturer or
wholesaler of alcoholic beverages to have an interest in a premises
that is licensed to sell alcoholic beverages so long as it does not
sell its own alcoholic beverage.

JUSTIFICATION: The "tied house rule" is an outdated, Prohibition era
relic of New York's liquor laws that has not kept pace with the times
and is significantly restricting economic development, consumer choice
and job creation in many New York State and New York City
neighborhoods. While this law was created during the Prohibition era
to essentially encourage competition, one of its clear impacts today
is to prevent high quality, healthy, full service restaurants from
opening - and creating jobs.

It is important to note that such an exemption would be strictly
limited to full service, sit down restaurants - as defined in the
statute. These amendments does nothing to change the requirements set
out by the State Liquor Authority in granting a license save who can
apply.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

FISCAL IMPLICATIONS: Substantial increase in sales tax revenues and
increased employment.

EFFECTIVE DATE: Immediately.

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                    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.

S4812A - Bill Details

See Assembly Version of this Bill:
A8012B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812A - Bill Texts

view summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

view sponsor memo
BILL NUMBER:S4812A REVISED MEMO 05/15/13

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers of alcohol and retail interest and licenses

PURPOSE:

The purpose of this legislation is to update the Alcohol Beverage
Control Law with respect to the so called "tied house laws" to allow a
tied house to have an interest in an establishment where alcohol is
sold, just not its product.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 101(a) to allow a manufacturer of alcoholic
beverages to have an interest in a premises that is licensed to sell
alcoholic beverages so long as it does not sell its own alcoholic
beverage.

Section 2. Amends Section 103 by adding a new sub section 10 to allow
a manufacturer to have an interest in a licensed premises.

Section 3. This act shall take effect immediately.

JUSTIFICATION:

The "tied house rule" is an outdated, Prohibition era relic of New
York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the Prohibition era to essentially
encourage competition, one of its clear impacts today is to prevent
high quality, healthy, full service restaurants from opening - and
creating jobs.

This bill will allow a manufacturer or distributor of alcoholic
beverages to have either a direct or indirect interest in a
Restaurant, as is defined by the Alcohol Beverage Control Law, so long
as the manufacturer or distributor's product is not sold at the
Restaurant. The enactment of this bill will promote
competition-consistent with the intent of the Tied House Laws-because
it forces a manufacturer or distributor to sell its competitor's
product(s) and not its own.

It is important to note that such an exemption would be strictly
limited to full service, sit down restaurants - as defined in the
statute. These amendments does nothing to change the requirements set
out by the State Liquor Authority in granting a license save who can
apply.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.


FISCAL IMPLICATIONS:

Substantial increase in sales tax revenues and increased employment.

EFFECTIVE DATE:

Immediately.

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                    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

Co-Sponsors

S4812B - Bill Details

See Assembly Version of this Bill:
A8012B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812B - Bill Texts

view summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

view sponsor memo
BILL NUMBER:S4812B

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers of alcohol and retail interest and licenses

PURPOSE: The purpose of this legislation is to amend the Alcohol
Beverage Control Law with respect to an exception to the so called
"tied house laws" to allow a baker/restaurant in the borough of
Manhattan that has a financial partner that has an interest in a
winery in France to obtain an on premises license for the sale of
alcohol at its current locations.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 101(a) to allow a bakery/restaurant to apply
for an on premises license to serve alcohol at its current locations

JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic
of New Yorks liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the post-Prohibition era to
essentially encourage competition, one of its clear impacts today is
to prevent high quality, healthy, full service restaurants from
opening - and creating jobs.

This bill will allow a bakery/restaurant in the borough of Manhattan
that has a financial partner that has an interest in a winery in
France to obtain an on premises license for the sale of alcohol at its
current locations. It must be made clear that the the operators of the
locations in New York State have neither an interest in the financial
partner nor an interest in the winery. There only tie to the winery is
that group they receive their funding from has the interest in the
winery.

To date, they have already invested approximately $7 million dollars
in construction of its current outlets and currently employ over 300
persons at its locations. The enactment of this bill will allow the
hiring of an estimated additional 275 persons. Moreover, the current
estimate is the four locations will gross $15 million dollars and with
the enactment of this bill they anticipate to gross over $30 million
dollars a year. This bill will increased revenues to the state and to
the local government by virtue of increased sales tax revenues and
increased payroll taxes.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Increased Sales Tax revenue and increased
employment.

FISCAL IMPLICATIONS: Substantial increase in sales tax revenues and
increased employment.

EFFECTIVE DATE: Immediately.


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

                                 4812--B

                       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  --  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. 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 boundaries 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, Elizabethtown, New York, provided  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-06-3

S. 4812--B                          2

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 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 maintains 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 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 north-

S. 4812--B                          3

erly  side of west fifty-fourth street three feet one and one-half inch-
es; 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
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  desig-
nated  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 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 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  Mili-
tary  Turnpike,  said iron pipe being located 910.39 feet southeasterly,
as measured along the easterly bounds of said highway, from the souther-
ly 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

S. 4812--B                          4

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 northwes-
terly 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 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 Coun-
cil 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 reputed-
ly 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

S. 4812--B                          5

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
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

S. 4812--B                          6

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
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.

S. 4812--B                          7

  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
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, 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 Rodg-
ers;  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

S. 4812--B                          8

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
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

S. 4812--B                          9

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.
  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 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

S. 4812--B                         10

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
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 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

S. 4812--B                         11

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-
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.
  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
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

S. 4812--B                         12

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. This act shall take effect immediately.

Co-Sponsors

S4812C - Bill Details

See Assembly Version of this Bill:
A8012B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812C - Bill Texts

view summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

view sponsor memo
BILL NUMBER:S4812C

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers of alcohol and retail interest and licenses

PURPOSE: The purpose of this legislation is to amend the Alcohol
Beverage Control Law with respect to an exception to the so called
"tied house laws" to allow a baker/restaurant in the borough of
Manhattan that has a financial partner who has an interest in a winery
in France to obtain an on premises license for the sale of alcohol at
its current locations.

SUMMARY OF PROVISIONS:

Section 1 Amends Section 106 (13) to allow a bakery/restaurant to
apply for an on premises license to serve alcohol at its current
locations

JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic
of New York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the post-Prohibition era to
essentially encourage competition, one of its clear impacts today is
to prevent high quality, healthy, full service restaurants from
opening - and creating jobs.

This bill will allow a bakery/restaurant in the borough of Manhattan
that has a financial partner who has an interest in a winery in France
to obtain an on premises license for the sale of alcohol at its
current locations. It must be made clear that the operators of the
locations in New York State have neither an interest in the financial
partner nor an interest in the winery. There only tie to the winery is
that group they receive their funding from has the interest in the
winery.

To date, they have already invested approximately $7 million dollars
in construction of its current outlets and currently employ over 300
people at its locations. The enactment of this bill will allow the
hiring of an estimated additional 275 workers. Moreover, the current
estimate is the four locations will gross $15 million dollars and with
the enactment of this bill they anticipate to gross over $30 million
dollars a year. This bill will increased revenues to the State and to
the local government by virtue of increased sales tax revenues and
increased payroll taxes.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Increased Sales Tax revenue and increased
employment.

FISCAL IMPLICATIONS: Substantial increase in sales tax revenues and
increased employment.

EFFECTIVE DATE: Immediately.


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                    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.

Co-Sponsors

S4812D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8012B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812D (ACTIVE) - Bill Texts

view summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

view sponsor memo
BILL NUMBER:S4812D

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to manufacturers of alcohol and retail interest and licenses

PURPOSE: The purpose of this legislation is to amend the Alcohol
Beverage Control Law with respect to an exception to the so called
"tied house laws" to allow a baker/restaurant in the borough of
Manhattan that has a financial partner who has an interest in a winery
in France to obtain an on premises license for the sale of alcohol at
its current locations.

SUMMARY OF PROVISIONS:

Section 1, Amends Section 106 (13a) to allow a bakery/restaurant to
apply for an on premises license to serve alcohol at its current
locations

JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic
of New York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the post-Prohibition era to
essentially encourage competition, one of its clear impacts today is
to prevent high quality, healthy, full service restaurants from
opening - and creating jobs

This bill will allow a bakery/restaurant in the borough of Manhattan
that has a financial partner who has an interest in a winery in France
to obtain an on premises license for the sale of alcohol at its
current locations. It must be made clear that the operators of the
locations in New York State have neither an interest in the financial
partner nor an interest in the winery There only tie to the winery is
that group they receive their funding from has the interest in the
winery.

To date, they have already invested approximately $7 million dollars
in construction of its current outlets and currently employ over 300
people at its locations The enactment of this bill will allow the
hiring of an estimated additional 275 workers, Moreover, the current
estimate is the four locations will gross $15 million dollars and with
the enactment of this bill they anticipate to gross over $30 million
dollars a year. This bill will increased revenues to the State and to
the local government by virtue of increased sales tax revenues and
increased payroll taxes.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Increased Sales Tax revenue and increased
employment.

FISCAL IMPLICATIONS: Substantial increase in sales tax revenues and
increased employment.

EFFECTIVE DATE: Immediately.


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                    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.

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