senate Bill S5739C

Signed By Governor
2013-2014 Legislative Session

Permits the state liquor authority to issue a distiller's license and alcoholic beverage sales license to certain premises in the village of Lake George, county of Warren

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Sponsored By

Archive: Last Bill Status Via A7965 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.241
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1507
substituted for s5739c
Jun 21, 2013 substituted by a7965b
Jun 20, 2013 ordered to third reading cal.1507
committee discharged and committed to rules
Jun 18, 2013 print number 5739c
amend and recommit to investigations and government operations
Jun 17, 2013 print number 5739b
amend (t) and recommit to investigations and government operations
Jun 17, 2013 print number 5739a
amend and recommit to investigations and government operations
Jun 11, 2013 referred to investigations and government operations

Votes

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Bill Amendments

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

S5739 - Bill Details

See Assembly Version of this Bill:
A7965B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L

S5739 - Bill Texts

view summary

Directs the state liquor authority to issue a distiller's license and alcoholic beverage sales license to the Fort William Henry Corporation for premises owned by such corporation in the village of Lake George, county of Warren. Warren.

view sponsor memo
BILL NUMBER:S5739

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to authorizing the issuance of a distiller's license to the
owners and operators of the Fort William Henry Corporation and its
related subsidiaries

PURPOSE:

Directs the state liquor authority to issue a distiller's license and
alcoholic beverage sales license to the Fort William Henry Corporation
for premises owned by such corporation

SUMMARY OF PROVISIONS:

Section 1 creates a new subdivision 6(a) in section 101 of the
alcoholic beverage control law to require that the state liquor
authority issue a distillers license, as authorized under subdivision
two-c of section sixty-one of the alcoholic beverage control law, to
the Fort William Henry Corporation..

EXISTING LAW:

Section 61 2c of the ABC law authorizes the issuance of a distillers
license.

JUSTIFICATION:

The Fort William Henry Hotel and Conference Center is a historic
Adirondack hotel located on a spacious 18-acre estate spanning the
entire southern shore at the head of Lake George. The Fort has been
working to open and operate a craft distillery on site utilizing
products from local farms and water from a deep well located on their
property. This distillery will create much needed year round
employment, economic activity and tourism for Lake George.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:.

None

EFFECTIVE DATE:

This act shall take effect immediately

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

                                  5739

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

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

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  the  issuance  of a distiller's license to the owners and
  operators of the  Fort  William  Henry  Corporation  and  its  related
  subsidiaries

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

  Section 1. Section 101  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE  LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SUBDIVISION TWO-C OF
SECTION SIXTY-ONE OF THIS CHAPTER TO THE FORT WILLIAM HENRY  CORPORATION
OR  TO  ANY OF ITS WHOLLY OWNED SUBSIDIARIES (HEREINAFTER REFERRED TO IN
THIS SUBDIVISION AS "FWHC").  SUCH LICENSE SHALL PERMIT THE LEGAL  MANU-
FACTURE  OF  SPIRITS  AND  THE SALE OF WINE, SPIRITS, BEER AND ANY OTHER
ALCOHOLIC BEVERAGES AND PERMITTED GOODS OTHERWISE AUTHORIZED BY  LAW  AT
PREMISES  LOCATED ON ANY PART OR PORTION OF PARCEL A, PARCEL B OR PARCEL
C, (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS THE "SITE").  NOTHING
IN THIS SUBDIVISION SHALL BE DEEMED TO  RESTRICT  OR  IMPAIR  ANY  LEGAL
ACTIVITIES WHICH WERE BEING CONDUCTED ON OR BEFORE THE EFFECTIVE DATE OF
THIS  SUBDIVISION UPON ANY OF THE PARCELS COMPOSING THE SITE PURSUANT TO
THIS CHAPTER OR ANY OTHER PROVISION OF LAW. THE LEGAL  DESCRIPTIONS  FOR
THE THREE PARCELS SO IDENTIFIED AS THE SITE ARE AS FOLLOWS:
                                PARCEL A
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHWESTERLY BOUNDARY
OF  BEACH  ROAD WITH THE SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11435-01-3

S. 5739                             2

OF HOLLY RAJ INC., AND  RUNNING  THENCE  SOUTHEASTERLY  ALONG  THE  SAID
SOUTHWESTERLY  BOUNDARY  OF BEACH ROAD AND THE SOUTHWESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE  THE  FOLLOWING  (9)
NINE  COURSES  AND  DISTANCES: 1) SOUTH 47° 49' 51" EAST 49.20 FEET TO A
POINT; 2) SOUTH 41° 08' 51" EAST 50.18 FEET TO A POINT; 3) SOUTH 34° 19'
51" EAST 20.62 FEET TO A POINT; 4) SOUTH 34° 19' 51" EAST 29.38 FEET  TO
A  POINT;  5) SOUTH 28° 23' 51" EAST 54.00 FEET TO A POINT; 6) SOUTH 23°
28' 51" EAST 75.29 FEET TO A POINT; 7) SOUTH 25°  57'  51"  EAST  130.22
FEET  TO  A POINT; 8) SOUTH 30° 43' 21" EAST 109.09 FEET TO A POINT; AND
9) SOUTH 29° 21' 51" EAST 140.00 FEET TO A POINT  IN  THE  NORTHWESTERLY
BOUNDARY OF THE PREMISES CONVEYED BY THE COUNTIES OF WARREN AND WASHING-
TON  INDUSTRIAL DEVELOPMENT AGENCY TO THE FORT WILLIAM HENRY CORPORATION
BY DEED DATED MAY 18, 1998 AND RECORDED IN  THE  WARREN  COUNTY  CLERK'S
OFFICE  ON MAY 28, 1998 IN LIBER 1066 OF DEEDS AT PAGE 279; THENCE SOUTH
60° 37' 18" WEST ALONG THE SAID NORTHWESTERLY BOUNDARY OF  THE  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION 70.01 FEET TO A POINT;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY OF  SAID  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION THE FOLLOWING (5) FIVE
COURSES AND DISTANCES: 1) NORTH 29° 21' 51" WEST 139.17 FEET TO A POINT;
2) NORTH 30° 43' 21" WEST 111.17 FEET TO A POINT; 3) NORTH 25°  55'  51"
WEST  130.20 FEET TO A POINT; 4) NORTH 26° 32' 41" WEST 145.00 FEET TO A
POINT; AND 5) NORTH 42° 42' 21" WEST 120.00 FEET TO A POINT IN THE FIRST
MENTIONED SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF  HOLLY  RAJ
INC.; THENCE NORTH 51° 01' 09" EAST ALONG THE SAID SOUTHEASTERLY BOUNDA-
RY  OF  LANDS NOW OR FORMERLY OF HOLLY RAJ INC.  70.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.062 ACRES OF LAND, BEING  THE  SAME  MORE  OR
LESS.
                                PARCEL B
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A POINT AT THE INTERSECTION OF THE EASTERLY BOUNDARY OF
NEW YORK STATE ROUTE 9N WITH THE NORTHERLY  BOUNDARY  OF  LANDS  NOW  OR
FORMERLY  OF  CHARLES  R.  WOOD FOUNDATION, AND RUNNING THENCE NORTHERLY
ALONG THE SAID EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N THE  FOLLOW-
ING  FOUR  (4)  COURSES AND DISTANCES: 1) NORTH 03°- 06'- 51" WEST 54.12
FEET TO A POINT; 2) NORTH 00°- 54'- 09" EAST 281.77 FEET TO A POINT;  3)
NORTH  01°-45'-  09"  EAST 59.83 FEET TO A POINT; AND 4) NORTH 02°- 47'-
35" WEST 51.87 FEET TO AN IRON PIN IN THE SOUTHERLY  BOUNDARY  OF  OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; THENCE EASTERLY
ALONG THE SAID SOUTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORPORATION THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1)  NORTH  88°- 22'- 09" EAST 475.96 FEET TO A POINT; 2) NORTH 60°- 07'-
09" EAST 66.22 FEET TO A POINT; AND 3) NORTH 47°- 47'- 09"  EAST  315.47
FEET  TO  AN IRON PIPE IN THE EASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF THE VILLAGE OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID  EASTERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE
FOLLOWING THREE (3) COURSES AND DISTANCES: 1) SOUTH 32°- 08'-  51"  EAST
148.00  FEET  TO  A  POINT; 2) SOUTH 37°- 04'- 51" EAST 221.91 FEET TO A
POINT; AND 3) SOUTH 32°- 47'- 51" EAST 83.60 FEET  TO  A  POINT  IN  THE
NORTHERLY  BOUNDARY  OF  THE  AFOREMENTIONED  LANDS  NOW  OR FORMERLY OF
CHARLES R. WOOD FOUNDATION; THENCE WESTERLY  ALONG  THE  SAID  NORTHERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF CHARLES R. WOOD FOUNDATION THE
FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 55°-  39'-  09"  WEST

S. 5739                             3

188.00  FEET  TO  A SQUARE HEAD BOLT; 2) SOUTH 68°- 08'- 09" WEST 115.00
FEET TO A POINT; 3) SOUTH 81°- 37'-09" WEST 240.84 FEET TO A POINT;  AND
4)  SOUTH  74°-  08'-  09"  WEST  546.05 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.558 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  ALSO, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE LYING AND BEING
IN  THE  VILLAGE  OF  LAKE  GEORGE, COUNTY OF WARREN, STATE OF NEW YORK,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  COMMENCING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF  WARREN
COUNTY  (LIBER  4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET  TO  THE  POINT  OF
BEGINNING;  THENCE  THROUGH  SAID  LANDS  OF WARREN COUNTY THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 33°45'28" WEST, 74.95 FEET  TO
A  POINT,  2) SOUTH 59°52'14" WEST, 108.57 FEET TO A POINT, AND 3) NORTH
75°07'46" WEST, 41.87 FEET TO A POINT ON THE DIVISION LINE BETWEEN  SAID
LANDS  OF  WARREN  COUNTY ON THE SOUTH AND LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG SAID
DIVISION LINE NORTH 66°25'30" EAST, 91.92 FEET TO A POINT; THENCE  NORTH
52°56'30" EAST, 115.00 FEET TO THE POINT OR PLACE OF BEGINNING.
  EXCEPTING AND RESERVING THEREFROM, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND  SITUATE  LYING  AND BEING IN THE VILLAGE OF LAKE GEORGE, COUNTY OF
WARREN, STATE OF NEW YORK, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW  OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO  BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID  DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO A POINT; THENCE
THROUGH SAID LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY  CORP.    NORTH
33°45'28"  EAST,  102.84  FEET  TO A POINT; THENCE NORTH 40°27'30" EAST,
85.36 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY  OF  LANDS
NOW OR FORMERLY OF WARREN COUNTY (LIBER 281, PAGE 51); THENCE ALONG SAID
WESTERLY BOUNDARY SOUTH 51°54'30" EAST, 12.01 FEET TO THE POINT OR PLACE
OF BEGINNING.
                                 PARCELC
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING  AT AN IRON PIN AT THE INTERSECTION OF THE EASTERLY BOUNDARY
OF NEW YORK STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY  OF  OTHER  LANDS
NOW  OR  FORMERLY  OF  FORT  WILLIAM  HENRY  CORPORATION; SAID PIN BEING
LOCATED THE FOLLOWING FOUR (4) COURSES AND DISTANCES NORTHERLY FROM  THE
INTERSECTION  OF  THE  EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N WITH
THE NORTHERLY BOUNDARY OF LANDS NOW OR FORMERLY  OF  CHARLES  R.    WOOD
FOUNDATION:  1)  NORTH 03°- 06'- 51" WEST 54.12 FEET; 2) NORTH 00°- 54'-
09" EAST 281.77 FEET; 3) NORTH 01°- 45'- 09" EAST  59.83  FEET;  AND  4)
NORTH  02°- 47'- 35" WEST 51.87 FEET, AND RUNNING THENCE FROM SAID POINT
OF BEGINNING NORTHERLY ALONG THE SAID  EASTERLY  BOUNDARY  OF  NEW  YORK
STATE  ROUTE  9N THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: 1) NORTH
03°- 29'-09" EAST 105.00 FEET TO A POINT; 2) NORTH 09°-  11'-  09"  EAST
60.10  FEET  TO  A  POINT;  3) NORTH 05°- 41'- 09" EAST 161.06 FEET TO A
POINT; 4) NORTH 09°- 28'-34" EAST 124.23 FEET TO AN IRON PIN;  5)  NORTH
14°-  08'- 27" EAST 150.26 FEET TO A SQUARE MONUMENT; 6) NORTH 22°- 36'-
14" EAST 111.15 FEET TO A POINT; AND 7) NORTH 17°- 47'- 09"  EAST  91.79

S. 5739                             4

FEET  TO AN IRON PIPE IN THE SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.; THENCE SOUTH 59°- 07'-
51" EAST ALONG THE SAID SOUTHERLY BOUNDARY OF LANDS NOW OR  FORMERLY  OF
ADIRONDACK  ENTERTAINMENT  AND  RECREATION,  INC. 40.70 FEET TO A POINT;
THENCE NORTH 51°- 01'- 09" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LANDS NOW OR FORMERLY OF ADIRONDACK ENTERTAINMENT AND  RECREATION,  INC.
167.30  FEET  TO  A  POINT IN THE SOUTHWESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF THE ADIRONDACK LAKEVIEW  CORPORATION;  THENCE  SOUTHEASTERLY
ALONG  THE  SAID  SOUTHWESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE
ADIRONDACK LAKEVIEW CORPORATION  THE  FOLLOWING  FIVE  (5)  COURSES  AND
DISTANCES:  1) SOUTH 42°- 42'- 21" EAST 120.00 FEET TO A POINT; 2) SOUTH
26°- 32'- 41" EAST 145.00 FEET TO A POINT; 3) SOUTH  25°-55'-  51"  EAST
130.20  FEET  TO  A  POINT; 4) SOUTH 30°- 43'- 21" EAST 111.17 FEET TO A
POINT; AND 5) SOUTH 29°- 21'- 51" EAST 139.17 FEET TO  A  POINT;  THENCE
NORTH  60°- 37'- 18" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LANDS
NOW OR FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION 70.01 FEET  TO  A
POINT  IN  THE WESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE VILLAGE
OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE  SAID  WESTERLY  BOUNDARY  OF
LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING TWO
(2) COURSES AND DISTANCES: 1) SOUTH 29°- 21'- 51" EAST 32.24 FEET  TO  A
POINT; AND 2) SOUTH 30°- 27'- 51" EAST 73.00 FEET TO AN IRON PIPE IN THE
NORTHERLY  BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY
CORPORATION; THENCE WESTERLY ALONG THE SAID NORTHERLY BOUNDARY OF  OTHER
LANDS  NOW  OR  FORMERLY OF FORT WILLIAM HENRY CORPORATION THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 47°- 47'- 09" WEST 315.47 FEET
TO A POINT; 2) SOUTH 60°- 07'- 09" WEST 66.22 FEET TO A  POINT;  AND  3)
SOUTH 88°- 22'- 09" WEST 475.96 FEET TO THE POINT OF BEGINNING, CONTAIN-
ING 9.398 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  (B)  THE  SITE  MAY,  BUT SHALL NOT BE REQUIRED TO, BE USED TO PRODUCE
SPIRITS AS A CONDITION OF SUCH LICENSE.
  (C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFICER
OR EMPLOYEE OF, OR PURVEYOR TO THE FWHC BY REASON OF SUCH PERSON HOLDING
A LICENSE PURSUANT TO THIS CHAPTER, OR BEING AFFILIATED WITH A  LICENSEE
UNDER  THIS CHAPTER AS A SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR
OR EMPLOYEE.
  (D) NO PERSON SHALL BE DISQUALIFIED FROM BEING  A  LENDER,  LESSEE  OR
LESSOR  TO  THE  FWHC ON TERMS AGREED WITH THE BOARD OF DIRECTORS OF THE
FWHC, BY REASON OF SUCH PERSON HOLDING A LICENSE PURSUANT TO THIS  CHAP-
TER, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS CHAPTER OR OTHER LAW
AS  A  SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR OR EMPLOYEE. SUCH
PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR LICENSING STATUS PURSUANT
TO THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY  APPROVED  BY  THE
BOARD OF DIRECTORS OF THE FWHC.
  (E)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UNDER
THE LICENSE GRANTED PURSUANT TO THIS SUBDIVISION, THE FWHC IS  EXPRESSLY
AUTHORIZED TO:
  (I)  SELL  NEW  YORK STATE PRODUCED WINES, BEERS AND DISTILLED SPIRITS
FOR BOTH ON AND OFF PREMISES CONSUMPTION AS OTHERWISE PROVIDED  IN  THIS
SUBDIVISION;
  (II) OFFER TASTINGS AT THE SITE OF SUCH PRODUCTS AND CHARGE THE GENER-
AL  PUBLIC  SUCH AMOUNTS AS IT DEEMS FIT FOR SUCH TASTINGS. FOR PURPOSES
OF THIS SUBDIVISION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING  AREA
ON THE SITE; AND
  (III)  PROVIDE CONFERENCE CENTER, BANQUET AND ENTERTAINMENT FACILITIES
FOR THE GENERAL PUBLIC OR FOR PRIVATE PARTIES IN CONSIDERATION  OF  SUCH
FEES  AS ARE ESTABLISHED BY THE BOARD OF DIRECTORS OF THE FWHC FROM TIME

S. 5739                             5

TO TIME, AND TO SELL AND SERVE AT SUCH EVENTS WINES, BEERS AND DISTILLED
SPIRITS.
  (F)  NO  LICENSE  SHALL  BE DENIED PURSUANT TO THIS SUBDIVISION OR ANY
OTHER PROVISION OF THIS CHAPTER BECAUSE OF THE PROXIMITY OF THE SITE  TO
A SCHOOL, CHURCH, SYNAGOGUE, OTHER HOUSE OF WORSHIP OR OTHER FACILITY AS
PROVIDED FOR IN THIS CHAPTER.
  (G)  FOR  PURPOSES  OF SUBDIVISION FOUR OF SECTION ONE HUNDRED OF THIS
ARTICLE, THERE SHALL BE ALLOWED NOT  MORE  THAN  FIVE  ADDITIONAL  BARS,
COUNTERS  OR  SIMILAR  CONTRIVANCES  AT  THE SITE WHERE WINES, BEERS AND
DISTILLED SPIRITS ARE OFFERED FOR SALE FOR CONSUMPTION ON  THE  LICENSED
PREMISES.  THE  AUTHORITY FOR GOOD CAUSE SHOWN TO IT AND UPON PAYMENT TO
IT OF A FEE AS PROVIDED FOR IN SUCH SUBDIVISION FOUR  SHALL  PERMIT  THE
ADDITIONAL  CONTRIVANCES, AND PERMISSION SHALL NOT BE UNREASONABLY WITH-
HELD. ALL OTHER PROVISIONS OF  SUCH  SUBDIVISION  SHALL  APPLY  TO  SUCH
LICENSED PREMISES.
  (H)  IN  ADDITION  TO  THE  ACTIVITIES  AUTHORIZED TO A LICENSEE UNDER
SUBDIVISION TWO-C OF SECTION SIXTY-ONE  OF  THIS  CHAPTER,  THE  LICENSE
ISSUED  TO  A  LICENSEE  PURSUANT  TO  THIS  SUBDIVISION AS DIRECTED AND
REQUIRED TO BE ISSUED SHALL BE AUTHORIZED TO SELL  SPIRITS  PRODUCED  AT
SUCH  FARM DISTILLERY ON THE SITE, WHETHER LOCATED ON PARCEL A, PARCEL B
OR PARCEL C. ANY RESTRICTION IN LAW AS TO THE  AMOUNT  PERMITTED  TO  BE
SOLD  OR  CONSUMED,  OR  ANY OTHER MATTER SUBJECT TO THE JURISDICTION OF
THIS CHAPTER SHALL APPLY TO SUCH SALES AS IF THE SALE OCCURRED UPON  THE
FACILITY PRODUCING THE SAME.
  S 2. This act shall take effect immediately.

S5739A - Bill Details

See Assembly Version of this Bill:
A7965B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L

S5739A - Bill Texts

view summary

Directs the state liquor authority to issue a distiller's license and alcoholic beverage sales license to the Fort William Henry Corporation for premises owned by such corporation in the village of Lake George, county of Warren. Warren.

view sponsor memo
BILL NUMBER:S5739A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to authorizing the issuance of a distiller's license to the
owners and operators of the Fort William Henry Corporation and its
related subsidiaries

PURPOSE:

Directs the state liquor authority to issue a distiller's license and
alcoholic beverage sales license to the Fort William Henry Corporation
for premises owned by such corporation

SUMMARY OF PROVISIONS:

Section 1 creates a new subdivision 6(a) in section 101 of the
alcoholic beverage control law to require that the state liquor
authority issue a distillers license, as authorized under subdivision
two-c of section sixty-one of the alcoholic beverage control law, to
the Fort William Henry Corporation.

EXISTING LAW:

Section 61 2c of the ABC law authorizes the issuance of a distillers
license.

JUSTIFICATION:

The Fort William Hem-y Hotel and Conference Center is a historic
Adirondack hotel located on a spacious 18-acre estate spanning the
entire southern shore at the head of Lake George. The Fort has been
working to open and operate a craft distillery on site utilizing
products from local farms and water from a deep well located on their
property. This distillery will create much needed year round
employment, economic activity and tourism for Lake George.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 5739--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  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
  authorizing the issuance of a distiller's license to  the  owners  and
  operators  of  the  Fort  William  Henry  Corporation  and its related
  subsidiaries

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

  Section  1.  Section  101  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY MAY ISSUE A LICENSE UNDER  SUBDIVISION  TWO-C  OF
SECTION  SIXTY-ONE OF THIS CHAPTER TO THE FORT WILLIAM HENRY CORPORATION
OR TO ANY OF ITS WHOLLY OWNED SUBSIDIARIES (HEREINAFTER REFERRED  TO  IN
THIS  SUBDIVISION  AS  "FWHC").    THE  LEGAL DESCRIPTIONS FOR THE THREE
PARCELS SO IDENTIFIED AS THE SITE ARE AS FOLLOWS:
                                PARCEL A
  ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE  VILLAGE  OF  LAKE
GEORGE,  COUNTY  OF  WARREN,  STATE  OF  NEW  YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHWESTERLY BOUNDARY
OF BEACH ROAD WITH THE SOUTHEASTERLY BOUNDARY OF LANDS NOW  OR  FORMERLY
OF  HOLLY  RAJ  INC.,  AND  RUNNING  THENCE SOUTHEASTERLY ALONG THE SAID
SOUTHWESTERLY BOUNDARY OF BEACH ROAD AND THE SOUTHWESTERLY  BOUNDARY  OF
LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING (9)
NINE COURSES AND DISTANCES: 1) SOUTH 47° 49' 51" EAST 49.20  FEET  TO  A
POINT; 2) SOUTH 41° 08' 51" EAST 50.18 FEET TO A POINT; 3) SOUTH 34° 19'
51"  EAST 20.62 FEET TO A POINT; 4) SOUTH 34° 19' 51" EAST 29.38 FEET TO
A POINT; 5) SOUTH 28° 23' 51" EAST 54.00 FEET TO A POINT; 6)  SOUTH  23°

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11435-03-3

S. 5739--A                          2

28'  51"  EAST  75.29  FEET TO A POINT; 7) SOUTH 25° 57' 51" EAST 130.22
FEET TO A POINT; 8) SOUTH 30° 43' 21" EAST 109.09 FEET TO A  POINT;  AND
9)  SOUTH  29°  21' 51" EAST 140.00 FEET TO A POINT IN THE NORTHWESTERLY
BOUNDARY OF THE PREMISES CONVEYED BY THE COUNTIES OF WARREN AND WASHING-
TON  INDUSTRIAL DEVELOPMENT AGENCY TO THE FORT WILLIAM HENRY CORPORATION
BY DEED DATED MAY 18, 1998 AND RECORDED IN  THE  WARREN  COUNTY  CLERK'S
OFFICE  ON MAY 28, 1998 IN LIBER 1066 OF DEEDS AT PAGE 279; THENCE SOUTH
60° 37' 18" WEST ALONG THE SAID NORTHWESTERLY BOUNDARY OF  THE  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION 70.01 FEET TO A POINT;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY OF  SAID  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION THE FOLLOWING (5) FIVE
COURSES AND DISTANCES: 1) NORTH 29° 21' 51" WEST 139.17 FEET TO A POINT;
2) NORTH 30° 43' 21" WEST 111.17 FEET TO A POINT; 3) NORTH 25°  55'  51"
WEST  130.20 FEET TO A POINT; 4) NORTH 26° 32' 41" WEST 145.00 FEET TO A
POINT; AND 5) NORTH 42° 42' 21" WEST 120.00 FEET TO A POINT IN THE FIRST
MENTIONED SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF  HOLLY  RAJ
INC.; THENCE NORTH 51° 01' 09" EAST ALONG THE SAID SOUTHEASTERLY BOUNDA-
RY  OF  LANDS NOW OR FORMERLY OF HOLLY RAJ INC.  70.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.062 ACRES OF LAND, BEING  THE  SAME  MORE  OR
LESS.
                                PARCEL B
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A POINT AT THE INTERSECTION OF THE EASTERLY BOUNDARY OF
NEW YORK STATE ROUTE 9N WITH THE NORTHERLY  BOUNDARY  OF  LANDS  NOW  OR
FORMERLY  OF  CHARLES  R.  WOOD FOUNDATION, AND RUNNING THENCE NORTHERLY
ALONG THE SAID EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N THE  FOLLOW-
ING  FOUR  (4)  COURSES AND DISTANCES: 1) NORTH 03°- 06'- 51" WEST 54.12
FEET TO A POINT; 2) NORTH 00°- 54'- 09" EAST 281.77 FEET TO A POINT;  3)
NORTH  01°-45'-  09"  EAST 59.83 FEET TO A POINT; AND 4) NORTH 02°- 47'-
35" WEST 51.87 FEET TO AN IRON PIN IN THE SOUTHERLY  BOUNDARY  OF  OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; THENCE EASTERLY
ALONG THE SAID SOUTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORPORATION THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1)  NORTH  88°- 22'- 09" EAST 475.96 FEET TO A POINT; 2) NORTH 60°- 07'-
09" EAST 66.22 FEET TO A POINT; AND 3) NORTH 47°- 47'- 09"  EAST  315.47
FEET  TO  AN IRON PIPE IN THE EASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF THE VILLAGE OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID  EASTERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE
FOLLOWING THREE (3) COURSES AND DISTANCES: 1) SOUTH 32°- 08'-  51"  EAST
148.00  FEET  TO  A  POINT; 2) SOUTH 37°- 04'- 51" EAST 221.91 FEET TO A
POINT; AND 3) SOUTH 32°- 47'- 51" EAST 83.60 FEET  TO  A  POINT  IN  THE
NORTHERLY  BOUNDARY  OF  THE  AFOREMENTIONED  LANDS  NOW  OR FORMERLY OF
CHARLES R. WOOD FOUNDATION; THENCE WESTERLY  ALONG  THE  SAID  NORTHERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF CHARLES R. WOOD FOUNDATION THE
FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 55°-  39'-  09"  WEST
188.00  FEET  TO  A SQUARE HEAD BOLT; 2) SOUTH 68°- 08'- 09" WEST 115.00
FEET TO A POINT; 3) SOUTH 81°- 37'-09" WEST 240.84 FEET TO A POINT;  AND
4)  SOUTH  74°-  08'-  09"  WEST  546.05 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.558 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  ALSO, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE LYING AND BEING
IN THE VILLAGE OF LAKE GEORGE, COUNTY OF  WARREN,  STATE  OF  NEW  YORK,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

S. 5739--A                          3

  COMMENCING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO  BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID  DIVISION  LINE  SOUTH  40°27'30" WEST, 188.00 FEET TO THE POINT OF
BEGINNING; THENCE THROUGH SAID LANDS  OF  WARREN  COUNTY  THE  FOLLOWING
THREE  (3) COURSES AND DISTANCES: 1) SOUTH 33°45'28" WEST, 74.95 FEET TO
A POINT, 2) SOUTH 59°52'14" WEST, 108.57 FEET TO A POINT, AND  3)  NORTH
75°07'46"  WEST, 41.87 FEET TO A POINT ON THE DIVISION LINE BETWEEN SAID
LANDS OF WARREN COUNTY ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF  FORT
WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG SAID
DIVISION  LINE NORTH 66°25'30" EAST, 91.92 FEET TO A POINT; THENCE NORTH
52°56'30" EAST, 115.00 FEET TO THE POINT OR PLACE OF BEGINNING.
  EXCEPTING AND RESERVING THEREFROM, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND SITUATE LYING AND BEING IN THE VILLAGE OF LAKE  GEORGE,  COUNTY  OF
WARREN, STATE OF NEW YORK, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  BEGINNING  AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF  WARREN
COUNTY  (LIBER  4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO A POINT;  THENCE
THROUGH  SAID  LANDS  NOW OR FORMERLY OF FORT WILLIAM HENRY CORP.  NORTH
33°45'28" EAST, 102.84 FEET TO A POINT;  THENCE  NORTH  40°27'30"  EAST,
85.36  FEET  TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY OF LANDS
NOW OR FORMERLY OF WARREN COUNTY (LIBER 281, PAGE 51); THENCE ALONG SAID
WESTERLY BOUNDARY SOUTH 51°54'30" EAST, 12.01 FEET TO THE POINT OR PLACE
OF BEGINNING.
                                PARCEL C
  ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE  VILLAGE  OF  LAKE
GEORGE,  COUNTY  OF  WARREN,  STATE  OF  NEW  YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE EASTERLY  BOUNDARY
OF  NEW  YORK  STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY OF OTHER LANDS
NOW OR FORMERLY OF  FORT  WILLIAM  HENRY  CORPORATION;  SAID  PIN  BEING
LOCATED  THE FOLLOWING FOUR (4) COURSES AND DISTANCES NORTHERLY FROM THE
INTERSECTION OF THE EASTERLY BOUNDARY OF NEW YORK STATE  ROUTE  9N  WITH
THE  NORTHERLY  BOUNDARY  OF  LANDS  NOW OR FORMERLY OF CHARLES R.  WOOD
FOUNDATION: 1) NORTH 03°- 06'- 51" WEST 54.12 FEET; 2) NORTH  00°-  54'-
09"  EAST  281.77  FEET;  3) NORTH 01°- 45'- 09" EAST 59.83 FEET; AND 4)
NORTH 02°- 47'- 35" WEST 51.87 FEET, AND RUNNING THENCE FROM SAID  POINT
OF  BEGINNING  NORTHERLY  ALONG  THE  SAID EASTERLY BOUNDARY OF NEW YORK
STATE ROUTE 9N THE FOLLOWING SEVEN (7) COURSES AND DISTANCES:  1)  NORTH
03°-  29'-09"  EAST  105.00 FEET TO A POINT; 2) NORTH 09°- 11'- 09" EAST
60.10 FEET TO A POINT; 3) NORTH 05°- 41'- 09"  EAST  161.06  FEET  TO  A
POINT;  4)  NORTH 09°- 28'-34" EAST 124.23 FEET TO AN IRON PIN; 5) NORTH
14°- 08'- 27" EAST 150.26 FEET TO A SQUARE MONUMENT; 6) NORTH 22°-  36'-
14"  EAST  111.15 FEET TO A POINT; AND 7) NORTH 17°- 47'- 09" EAST 91.79
FEET TO AN IRON PIPE IN THE SOUTHERLY BOUNDARY OF LANDS NOW OR  FORMERLY
OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.; THENCE SOUTH 59°- 07'-
51"  EAST  ALONG THE SAID SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF
ADIRONDACK ENTERTAINMENT AND RECREATION, INC. 40.70  FEET  TO  A  POINT;
THENCE NORTH 51°- 01'- 09" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LANDS  NOW  OR FORMERLY OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.
167.30 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY  OF  LANDS  NOW  OR

S. 5739--A                          4

FORMERLY  OF  THE  ADIRONDACK LAKEVIEW CORPORATION; THENCE SOUTHEASTERLY
ALONG THE SAID SOUTHWESTERLY BOUNDARY OF LANDS NOW OR  FORMERLY  OF  THE
ADIRONDACK  LAKEVIEW  CORPORATION  THE  FOLLOWING  FIVE  (5) COURSES AND
DISTANCES:  1) SOUTH 42°- 42'- 21" EAST 120.00 FEET TO A POINT; 2) SOUTH
26°- 32'- 41" EAST 145.00 FEET TO A POINT; 3) SOUTH  25°-55'-  51"  EAST
130.20  FEET  TO  A  POINT; 4) SOUTH 30°- 43'- 21" EAST 111.17 FEET TO A
POINT; AND 5) SOUTH 29°- 21'- 51" EAST 139.17 FEET TO  A  POINT;  THENCE
NORTH  60°- 37'- 18" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LANDS
NOW OR FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION 70.01 FEET  TO  A
POINT  IN  THE WESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE VILLAGE
OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE  SAID  WESTERLY  BOUNDARY  OF
LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING TWO
(2) COURSES AND DISTANCES: 1) SOUTH 29°- 21'- 51" EAST 32.24 FEET  TO  A
POINT; AND 2) SOUTH 30°- 27'- 51" EAST 73.00 FEET TO AN IRON PIPE IN THE
NORTHERLY  BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY
CORPORATION; THENCE WESTERLY ALONG THE SAID NORTHERLY BOUNDARY OF  OTHER
LANDS  NOW  OR  FORMERLY OF FORT WILLIAM HENRY CORPORATION THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 47°- 47'- 09" WEST 315.47 FEET
TO A POINT; 2) SOUTH 60°- 07'- 09" WEST 66.22 FEET TO A  POINT;  AND  3)
SOUTH 88°- 22'- 09" WEST 475.96 FEET TO THE POINT OF BEGINNING, CONTAIN-
ING 9.398 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  (B)  THE  SITE  MAY,  BUT SHALL NOT BE REQUIRED TO, BE USED TO PRODUCE
SPIRITS AS A CONDITION OF SUCH LICENSE.
  (C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFICER
OR EMPLOYEE OF, OR PURVEYOR TO THE FWHC BY REASON OF SUCH PERSON HOLDING
A LICENSE PURSUANT TO THIS CHAPTER, OR BEING AFFILIATED WITH A  LICENSEE
UNDER  THIS CHAPTER AS A SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR
OR EMPLOYEE.
  (D) NO PERSON SHALL BE DISQUALIFIED FROM BEING  A  LENDER,  LESSEE  OR
LESSOR  TO  THE  FWHC ON TERMS AGREED WITH THE BOARD OF DIRECTORS OF THE
FWHC, BY REASON OF SUCH PERSON HOLDING A LICENSE PURSUANT TO THIS  CHAP-
TER, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS CHAPTER OR OTHER LAW
AS  A  SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR OR EMPLOYEE. SUCH
PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR LICENSING STATUS PURSUANT
TO THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY  APPROVED  BY  THE
BOARD OF DIRECTORS OF THE FWHC.
  (E)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UNDER
THE LICENSE GRANTED PURSUANT TO THIS SUBDIVISION, THE FWHC IS  EXPRESSLY
AUTHORIZED TO:
  (I)  SELL  NEW  YORK STATE PRODUCED WINES, BEERS AND DISTILLED SPIRITS
FOR BOTH ON AND OFF PREMISES CONSUMPTION AS OTHERWISE PROVIDED  IN  THIS
SUBDIVISION;
  (II) OFFER TASTINGS AT THE SITE OF SUCH PRODUCTS AND CHARGE THE GENER-
AL  PUBLIC  SUCH AMOUNTS AS IT DEEMS FIT FOR SUCH TASTINGS. FOR PURPOSES
OF THIS SUBDIVISION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING  AREA
ON THE SITE; AND
  (III)  PROVIDE CONFERENCE CENTER, BANQUET AND ENTERTAINMENT FACILITIES
FOR THE GENERAL PUBLIC OR FOR PRIVATE PARTIES IN CONSIDERATION  OF  SUCH
FEES  AS ARE ESTABLISHED BY THE BOARD OF DIRECTORS OF THE FWHC FROM TIME
TO TIME, AND TO SELL AND SERVE AT SUCH EVENTS WINES, BEERS AND DISTILLED
SPIRITS.
  (F) NO LICENSE SHALL BE DENIED PURSUANT TO  THIS  SUBDIVISION  OR  ANY
OTHER  PROVISION OF THIS CHAPTER BECAUSE OF THE PROXIMITY OF THE SITE TO
A SCHOOL, CHURCH, SYNAGOGUE, OTHER HOUSE OF WORSHIP OR OTHER FACILITY AS
PROVIDED FOR IN THIS CHAPTER.

S. 5739--A                          5

  (G) FOR PURPOSES OF SUBDIVISION FOUR OF SECTION ONE  HUNDRED  OF  THIS
ARTICLE,  THERE  SHALL  BE  ALLOWED  NOT MORE THAN FIVE ADDITIONAL BARS,
COUNTERS OR SIMILAR CONTRIVANCES AT THE  SITE  WHERE  WINES,  BEERS  AND
DISTILLED  SPIRITS  ARE OFFERED FOR SALE FOR CONSUMPTION ON THE LICENSED
PREMISES.  THE  AUTHORITY FOR GOOD CAUSE SHOWN TO IT AND UPON PAYMENT TO
IT OF A FEE AS PROVIDED FOR IN SUCH SUBDIVISION FOUR  SHALL  PERMIT  THE
ADDITIONAL  CONTRIVANCES, AND PERMISSION SHALL NOT BE UNREASONABLY WITH-
HELD. ALL OTHER PROVISIONS OF  SUCH  SUBDIVISION  SHALL  APPLY  TO  SUCH
LICENSED PREMISES.
  (H)  IN  ADDITION  TO  THE  ACTIVITIES  AUTHORIZED TO A LICENSEE UNDER
SUBDIVISION TWO-C OF SECTION SIXTY-ONE  OF  THIS  CHAPTER,  THE  LICENSE
ISSUED  TO  A  LICENSEE  PURSUANT  TO  THIS  SUBDIVISION AS DIRECTED AND
REQUIRED TO BE ISSUED SHALL BE AUTHORIZED TO SELL  SPIRITS  PRODUCED  AT
SUCH  FARM DISTILLERY ON THE SITE, WHETHER LOCATED ON PARCEL A, PARCEL B
OR PARCEL C. ANY RESTRICTION IN LAW AS TO THE  AMOUNT  PERMITTED  TO  BE
SOLD  OR  CONSUMED,  OR  ANY OTHER MATTER SUBJECT TO THE JURISDICTION OF
THIS CHAPTER SHALL APPLY TO SUCH SALES AS IF THE SALE OCCURRED UPON  THE
FACILITY PRODUCING THE SAME.
  S 2. This act shall take effect immediately.

S5739B - Bill Details

See Assembly Version of this Bill:
A7965B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L

S5739B - Bill Texts

view summary

Directs the state liquor authority to issue a distiller's license and alcoholic beverage sales license to the Fort William Henry Corporation for premises owned by such corporation in the village of Lake George, county of Warren. Warren.

view sponsor memo
BILL NUMBER:S5739B

TITLE OF BILL:
An act
to amend the alcoholic beverage
control law, in relation to authorizing the issuance of
a distiller's license to the owners and operators of
certain premises

PURPOSE:
Directs the state liquor authority to issue a distiller's license and
alcoholic beverage sales license to the Fort William Henry
Corporation for premises owned by such corporation

SUMMARY OF PROVISIONS:

Section 1 creates a new subdivision 6(a) in section 101 of the
alcoholic beverage control law to require that the state liquor
authority issue a distillers license, as authorized under subdivision
two-c of section sixty-one of the alcoholic beverage control law, to
the Fort William Henry Corporation.

EXISTING LAW:

Section 61 2c of the ABC law authorizes the issuance of a distillers
license.

JUSTIFICATION:
The Fort William Henry Hotel and Conference Center is a historic
Adirondack hotel located on a spacious 18-acre estate spanning the
entire southern shore at the head of Lake George The Fort has been
working to open and operate a craft distillery on site utilizing
products from local farms and water from a deep well located on their
property. This distillery will create much needed year round
employment, economic activity and tourism for Lake George.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:,:
This act shall take effect immediately.

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

                                 5739--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  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
  authorizing  the  issuance  of a distiller's license to the owners and
  operators of certain premises

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

  Section  1.  Section  101  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY MAY ISSUE A LICENSE UNDER  SUBDIVISION  TWO-C  OF
SECTION  SIXTY-ONE  OF  THIS CHAPTER TO THE OWNER AND/OR OPERATOR OF THE
PARCELS DESCRIBED IN THIS PARAGRAPH.   THE LEGAL  DESCRIPTIONS  FOR  THE
THREE PARCELS SO IDENTIFIED AS THE SITE ARE AS FOLLOWS:
                                PARCEL A
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHWESTERLY BOUNDARY
OF  BEACH  ROAD WITH THE SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF HOLLY RAJ INC., AND  RUNNING  THENCE  SOUTHEASTERLY  ALONG  THE  SAID
SOUTHWESTERLY  BOUNDARY  OF BEACH ROAD AND THE SOUTHWESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE  THE  FOLLOWING  (9)
NINE  COURSES  AND  DISTANCES: 1) SOUTH 47° 49' 51" EAST 49.20 FEET TO A
POINT; 2) SOUTH 41° 08' 51" EAST 50.18 FEET TO A POINT; 3) SOUTH 34° 19'
51" EAST 20.62 FEET TO A POINT; 4) SOUTH 34° 19' 51" EAST 29.38 FEET  TO
A  POINT;  5) SOUTH 28° 23' 51" EAST 54.00 FEET TO A POINT; 6) SOUTH 23°

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11435-04-3

S. 5739--B                          2

28' 51" EAST 75.29 FEET TO A POINT; 7) SOUTH 25°  57'  51"  EAST  130.22
FEET  TO  A POINT; 8) SOUTH 30° 43' 21" EAST 109.09 FEET TO A POINT; AND
9) SOUTH 29° 21' 51" EAST 140.00 FEET TO A POINT  IN  THE  NORTHWESTERLY
BOUNDARY OF THE PREMISES CONVEYED BY THE COUNTIES OF WARREN AND WASHING-
TON  INDUSTRIAL DEVELOPMENT AGENCY TO THE FORT WILLIAM HENRY CORPORATION
BY DEED DATED MAY 18, 1998 AND RECORDED IN  THE  WARREN  COUNTY  CLERK'S
OFFICE  ON MAY 28, 1998 IN LIBER 1066 OF DEEDS AT PAGE 279; THENCE SOUTH
60° 37' 18" WEST ALONG THE SAID NORTHWESTERLY BOUNDARY OF  THE  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION 70.01 FEET TO A POINT;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY OF  SAID  PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY  TO  THE  FORT  WILLIAM  HENRY CORPORATION THE FOLLOWING (5) FIVE
COURSES AND DISTANCES: 1) NORTH 29° 21' 51" WEST 139.17 FEET TO A POINT;
2) NORTH 30° 43' 21" WEST 111.17 FEET TO A POINT; 3) NORTH 25°  55'  51"
WEST  130.20 FEET TO A POINT; 4) NORTH 26° 32' 41" WEST 145.00 FEET TO A
POINT; AND 5) NORTH 42° 42' 21" WEST 120.00 FEET TO A POINT IN THE FIRST
MENTIONED SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF  HOLLY  RAJ
INC.; THENCE NORTH 51° 01' 09" EAST ALONG THE SAID SOUTHEASTERLY BOUNDA-
RY  OF  LANDS NOW OR FORMERLY OF HOLLY RAJ INC.  70.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.062 ACRES OF LAND, BEING  THE  SAME  MORE  OR
LESS.
                                PARCEL B
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A POINT AT THE INTERSECTION OF THE EASTERLY BOUNDARY OF
NEW YORK STATE ROUTE 9N WITH THE NORTHERLY  BOUNDARY  OF  LANDS  NOW  OR
FORMERLY  OF  CHARLES  R.  WOOD FOUNDATION, AND RUNNING THENCE NORTHERLY
ALONG THE SAID EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N THE  FOLLOW-
ING  FOUR  (4)  COURSES AND DISTANCES: 1) NORTH 03°- 06'- 51" WEST 54.12
FEET TO A POINT; 2) NORTH 00°- 54'- 09" EAST 281.77 FEET TO A POINT;  3)
NORTH  01°-45'-  09"  EAST 59.83 FEET TO A POINT; AND 4) NORTH 02°- 47'-
35" WEST 51.87 FEET TO AN IRON PIN IN THE SOUTHERLY  BOUNDARY  OF  OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; THENCE EASTERLY
ALONG THE SAID SOUTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORPORATION THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1)  NORTH  88°- 22'- 09" EAST 475.96 FEET TO A POINT; 2) NORTH 60°- 07'-
09" EAST 66.22 FEET TO A POINT; AND 3) NORTH 47°- 47'- 09"  EAST  315.47
FEET  TO  AN IRON PIPE IN THE EASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF THE VILLAGE OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID  EASTERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE
FOLLOWING THREE (3) COURSES AND DISTANCES: 1) SOUTH 32°- 08'-  51"  EAST
148.00  FEET  TO  A  POINT; 2) SOUTH 37°- 04'- 51" EAST 221.91 FEET TO A
POINT; AND 3) SOUTH 32°- 47'- 51" EAST 83.60 FEET  TO  A  POINT  IN  THE
NORTHERLY  BOUNDARY  OF  THE  AFOREMENTIONED  LANDS  NOW  OR FORMERLY OF
CHARLES R. WOOD FOUNDATION; THENCE WESTERLY  ALONG  THE  SAID  NORTHERLY
BOUNDARY  OF  LANDS  NOW  OR  FORMERLY OF CHARLES R. WOOD FOUNDATION THE
FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 55°-  39'-  09"  WEST
188.00  FEET  TO  A SQUARE HEAD BOLT; 2) SOUTH 68°- 08'- 09" WEST 115.00
FEET TO A POINT; 3) SOUTH 81°- 37'-09" WEST 240.84 FEET TO A POINT;  AND
4)  SOUTH  74°-  08'-  09"  WEST  546.05 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.558 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  ALSO, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE LYING AND BEING
IN THE VILLAGE OF LAKE GEORGE, COUNTY OF  WARREN,  STATE  OF  NEW  YORK,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

S. 5739--B                          3

  COMMENCING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO  BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID  DIVISION  LINE  SOUTH  40°27'30" WEST, 188.00 FEET TO THE POINT OF
BEGINNING; THENCE THROUGH SAID LANDS  OF  WARREN  COUNTY  THE  FOLLOWING
THREE  (3) COURSES AND DISTANCES: 1) SOUTH 33°45'28" WEST, 74.95 FEET TO
A POINT, 2) SOUTH 59°52'14" WEST, 108.57 FEET TO A POINT, AND  3)  NORTH
75°07'46"  WEST, 41.87 FEET TO A POINT ON THE DIVISION LINE BETWEEN SAID
LANDS OF WARREN COUNTY ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF  FORT
WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG SAID
DIVISION  LINE NORTH 66°25'30" EAST, 91.92 FEET TO A POINT; THENCE NORTH
52°56'30" EAST, 115.00 FEET TO THE POINT OR PLACE OF BEGINNING.
  EXCEPTING AND RESERVING THEREFROM, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND SITUATE LYING AND BEING IN THE VILLAGE OF LAKE  GEORGE,  COUNTY  OF
WARREN, STATE OF NEW YORK, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  BEGINNING  AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF  WARREN
COUNTY  (LIBER  4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO A POINT;  THENCE
THROUGH  SAID  LANDS  NOW OR FORMERLY OF FORT WILLIAM HENRY CORP.  NORTH
33°45'28" EAST, 102.84 FEET TO A POINT;  THENCE  NORTH  40°27'30"  EAST,
85.36  FEET  TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY OF LANDS
NOW OR FORMERLY OF WARREN COUNTY (LIBER 281, PAGE 51); THENCE ALONG SAID
WESTERLY BOUNDARY SOUTH 51°54'30" EAST, 12.01 FEET TO THE POINT OR PLACE
OF BEGINNING.
                                PARCEL C
  ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE  VILLAGE  OF  LAKE
GEORGE,  COUNTY  OF  WARREN,  STATE  OF  NEW  YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE EASTERLY  BOUNDARY
OF  NEW  YORK  STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY OF OTHER LANDS
NOW OR FORMERLY OF  FORT  WILLIAM  HENRY  CORPORATION;  SAID  PIN  BEING
LOCATED  THE FOLLOWING FOUR (4) COURSES AND DISTANCES NORTHERLY FROM THE
INTERSECTION OF THE EASTERLY BOUNDARY OF NEW YORK STATE  ROUTE  9N  WITH
THE  NORTHERLY  BOUNDARY  OF  LANDS  NOW OR FORMERLY OF CHARLES R.  WOOD
FOUNDATION: 1) NORTH 03°- 06'- 51" WEST 54.12 FEET; 2) NORTH  00°-  54'-
09"  EAST  281.77  FEET;  3) NORTH 01°- 45'- 09" EAST 59.83 FEET; AND 4)
NORTH 02°- 47'- 35" WEST 51.87 FEET, AND RUNNING THENCE FROM SAID  POINT
OF  BEGINNING  NORTHERLY  ALONG  THE  SAID EASTERLY BOUNDARY OF NEW YORK
STATE ROUTE 9N THE FOLLOWING SEVEN (7) COURSES AND DISTANCES:  1)  NORTH
03°-  29'-09"  EAST  105.00 FEET TO A POINT; 2) NORTH 09°- 11'- 09" EAST
60.10 FEET TO A POINT; 3) NORTH 05°- 41'- 09"  EAST  161.06  FEET  TO  A
POINT;  4)  NORTH 09°- 28'-34" EAST 124.23 FEET TO AN IRON PIN; 5) NORTH
14°- 08'- 27" EAST 150.26 FEET TO A SQUARE MONUMENT; 6) NORTH 22°-  36'-
14"  EAST  111.15 FEET TO A POINT; AND 7) NORTH 17°- 47'- 09" EAST 91.79
FEET TO AN IRON PIPE IN THE SOUTHERLY BOUNDARY OF LANDS NOW OR  FORMERLY
OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.; THENCE SOUTH 59°- 07'-
51"  EAST  ALONG THE SAID SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF
ADIRONDACK ENTERTAINMENT AND RECREATION, INC. 40.70  FEET  TO  A  POINT;
THENCE NORTH 51°- 01'- 09" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LANDS  NOW  OR FORMERLY OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.
167.30 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY  OF  LANDS  NOW  OR

S. 5739--B                          4

FORMERLY  OF  THE  ADIRONDACK LAKEVIEW CORPORATION; THENCE SOUTHEASTERLY
ALONG THE SAID SOUTHWESTERLY BOUNDARY OF LANDS NOW OR  FORMERLY  OF  THE
ADIRONDACK  LAKEVIEW  CORPORATION  THE  FOLLOWING  FIVE  (5) COURSES AND
DISTANCES:  1) SOUTH 42°- 42'- 21" EAST 120.00 FEET TO A POINT; 2) SOUTH
26°- 32'- 41" EAST 145.00 FEET TO A POINT; 3) SOUTH  25°-55'-  51"  EAST
130.20  FEET  TO  A  POINT; 4) SOUTH 30°- 43'- 21" EAST 111.17 FEET TO A
POINT; AND 5) SOUTH 29°- 21'- 51" EAST 139.17 FEET TO  A  POINT;  THENCE
NORTH  60°- 37'- 18" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LANDS
NOW OR FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION 70.01 FEET  TO  A
POINT  IN  THE WESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE VILLAGE
OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE  SAID  WESTERLY  BOUNDARY  OF
LANDS  NOW  OR  FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING TWO
(2) COURSES AND DISTANCES: 1) SOUTH 29°- 21'- 51" EAST 32.24 FEET  TO  A
POINT; AND 2) SOUTH 30°- 27'- 51" EAST 73.00 FEET TO AN IRON PIPE IN THE
NORTHERLY  BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY
CORPORATION; THENCE WESTERLY ALONG THE SAID NORTHERLY BOUNDARY OF  OTHER
LANDS  NOW  OR  FORMERLY OF FORT WILLIAM HENRY CORPORATION THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 47°- 47'- 09" WEST 315.47 FEET
TO A POINT; 2) SOUTH 60°- 07'- 09" WEST 66.22 FEET TO A  POINT;  AND  3)
SOUTH 88°- 22'- 09" WEST 475.96 FEET TO THE POINT OF BEGINNING, CONTAIN-
ING 9.398 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  (B)  THE  SITE  MAY,  BUT SHALL NOT BE REQUIRED TO, BE USED TO PRODUCE
SPIRITS AS A CONDITION OF SUCH LICENSE.
  (C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFICER
OR EMPLOYEE OF, OR PURVEYOR TO THE LICENSEE BY  REASON  OF  SUCH  PERSON
HOLDING  A  LICENSE PURSUANT TO THIS CHAPTER, OR BEING AFFILIATED WITH A
LICENSEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, MEMBER,  OFFICER,
DIRECTOR OR EMPLOYEE.
  (D)  NO  PERSON  SHALL  BE DISQUALIFIED FROM BEING A LENDER, LESSEE OR
LESSOR TO THE LICENSEE ON TERMS AGREED WITH THE BOARD  OF  DIRECTORS  OF
SUCH  LICENSEE,  BY  REASON OF SUCH PERSON HOLDING A LICENSE PURSUANT TO
THIS CHAPTER, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS CHAPTER  OR
OTHER  LAW  AS  A  SHAREHOLDER,  PARTNER,  MEMBER,  OFFICER, DIRECTOR OR
EMPLOYEE. SUCH PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR  LICENSING
STATUS  PURSUANT  TO  THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY
APPROVED BY THE BOARD OF DIRECTORS OF SUCH LICENSEE.
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  UNDER
THE  LICENSE  GRANTED  PURSUANT  TO  THIS  SUBDIVISION,  THE LICENSEE IS
EXPRESSLY AUTHORIZED TO:
  (I) SELL NEW YORK STATE PRODUCED WINES, BEERS  AND  DISTILLED  SPIRITS
FOR  BOTH  ON AND OFF PREMISES CONSUMPTION AS OTHERWISE PROVIDED IN THIS
SUBDIVISION;
  (II) OFFER TASTINGS AT THE SITE OF SUCH PRODUCTS AND CHARGE THE GENER-
AL PUBLIC SUCH AMOUNTS AS IT DEEMS FIT FOR SUCH TASTINGS.  FOR  PURPOSES
OF  THIS SUBDIVISION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING AREA
ON THE SITE; AND
  (III) PROVIDE CONFERENCE CENTER, BANQUET AND ENTERTAINMENT  FACILITIES
FOR  THE  GENERAL PUBLIC OR FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH
FEES AS ARE ESTABLISHED BY THE BOARD OF DIRECTORS OF THE  LICENSEE  FROM
TIME  TO  TIME,  AND  TO  SELL AND SERVE AT SUCH EVENTS WINES, BEERS AND
DISTILLED SPIRITS.
  S 2. This act shall take effect immediately.

S5739C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7965B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L

S5739C (ACTIVE) - Bill Texts

view summary

Directs the state liquor authority to issue a distiller's license and alcoholic beverage sales license to the Fort William Henry Corporation for premises owned by such corporation in the village of Lake George, county of Warren. Warren.

view sponsor memo
BILL NUMBER:S5739C

TITLE OF BILL:
An act
to amend the alcoholic beverage
control law, in relation to authorizing the issuance of
a distiller's license to the owners and operators of
certain premises

PURPOSE:
Directs the state liquor authority to issue a distiller's license and
alcoholic beverage sales license to the Fort William Henry
Corporation for premises owned by such corporation

SUMMARY OF PROVISIONS:

Section 1 creates a new subdivision 6(a) in section 101 of the
alcoholic beverage control law to require that the state liquor
authority issue a distillers license, as authorized under subdivision
two-c of section sixty-one of the alcoholic beverage control law, to
the Fort William Henry Corporation.

EXISTING LAW:

Section 61 2c of the ABC law authorizes the issuance of a distillers
license.

JUSTIFICATION:
The Fort William Henry Hotel and Conference Center is a historic
Adirondack hotel located on a spacious 18-acre estate spanning the
entire southern shore at the head of Lake George. The Fort has been
working to open and operate a craft distillery on site utilizing
products from local farms and water from a deep well located on their
property. This distillery will create much needed year round
employment, economic activity and tourism for Lake George.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5739--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  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  --  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
  authorizing the issuance of a distiller's license to  the  owners  and
  operators of certain premises

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

  Section 1. Section 101  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 6 to read as follows:
  6.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY MAY ISSUE A LICENSE UNDER  SUBDIVISION  TWO-C  OF
SECTION  SIXTY-ONE  OF  THIS CHAPTER TO THE OWNER AND/OR OPERATOR OF THE
PARCELS DESCRIBED IN THIS PARAGRAPH.   THE LEGAL  DESCRIPTIONS  FOR  THE
THREE PARCELS SO IDENTIFIED AS THE SITE ARE AS FOLLOWS:
                                PARCEL A
  ALL  THAT  PIECE  OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE  OF  NEW  YORK  AND  BEING  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHWESTERLY BOUNDARY
OF  BEACH  ROAD WITH THE SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF HOLLY RAJ INC., AND  RUNNING  THENCE  SOUTHEASTERLY  ALONG  THE  SAID
SOUTHWESTERLY  BOUNDARY  OF BEACH ROAD AND THE SOUTHWESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE  THE  FOLLOWING  (9)
NINE  COURSES  AND  DISTANCES: 1) SOUTH 47° 49' 51" EAST 49.20 FEET TO A
POINT; 2) SOUTH 41° 08' 51" EAST 50.18 FEET TO A POINT; 3) SOUTH 34° 19'
51" EAST 20.62 FEET TO A POINT; 4) SOUTH 34° 19' 51" EAST 29.38 FEET  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11435-07-3

S. 5739--C                          2

A  POINT;  5) SOUTH 28° 23' 51" EAST 54.00 FEET TO A POINT; 6) SOUTH 23°
28' 51" EAST 75.29 FEET TO A POINT; 7) SOUTH 25°  57'  51"  EAST  130.22
FEET  TO  A POINT; 8) SOUTH 30° 43' 21" EAST 109.09 FEET TO A POINT; AND
9)  SOUTH  29°  21' 51" EAST 140.00 FEET TO A POINT IN THE NORTHWESTERLY
BOUNDARY OF THE PREMISES CONVEYED BY THE COUNTIES OF WARREN AND WASHING-
TON INDUSTRIAL DEVELOPMENT AGENCY TO THE FORT WILLIAM HENRY  CORPORATION
BY  DEED  DATED  MAY  18, 1998 AND RECORDED IN THE WARREN COUNTY CLERK'S
OFFICE ON MAY 28, 1998 IN LIBER 1066 OF DEEDS AT PAGE 279; THENCE  SOUTH
60°  37'  18" WEST ALONG THE SAID NORTHWESTERLY BOUNDARY OF THE PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY TO THE FORT WILLIAM HENRY CORPORATION  70.01  FEET  TO  A  POINT;
THENCE  NORTHWESTERLY  ALONG THE NORTHEASTERLY BOUNDARY OF SAID PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY TO THE FORT WILLIAM HENRY  CORPORATION  THE  FOLLOWING  (5)  FIVE
COURSES AND DISTANCES: 1) NORTH 29° 21' 51" WEST 139.17 FEET TO A POINT;
2)  NORTH  30° 43' 21" WEST 111.17 FEET TO A POINT; 3) NORTH 25° 55' 51"
WEST 130.20 FEET TO A POINT; 4) NORTH 26° 32' 41" WEST 145.00 FEET TO  A
POINT; AND 5) NORTH 42° 42' 21" WEST 120.00 FEET TO A POINT IN THE FIRST
MENTIONED  SOUTHEASTERLY  BOUNDARY OF LANDS NOW OR FORMERLY OF HOLLY RAJ
INC.; THENCE NORTH 51° 01' 09" EAST ALONG THE SAID SOUTHEASTERLY BOUNDA-
RY OF LANDS NOW OR FORMERLY OF HOLLY RAJ INC.  70.00 FEET TO  THE  POINT
OF  BEGINNING,  CONTAINING  1.062  ACRES OF LAND, BEING THE SAME MORE OR
LESS.
                                PARCEL B
  ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE  VILLAGE  OF  LAKE
GEORGE,  COUNTY  OF  WARREN,  STATE  OF  NEW  YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT AT THE INTERSECTION OF THE EASTERLY  BOUNDARY  OF
NEW  YORK  STATE  ROUTE  9N  WITH THE NORTHERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF CHARLES R. WOOD FOUNDATION,  AND  RUNNING  THENCE  NORTHERLY
ALONG  THE SAID EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N THE FOLLOW-
ING FOUR (4) COURSES AND DISTANCES: 1) NORTH 03°- 06'-  51"  WEST  54.12
FEET  TO A POINT; 2) NORTH 00°- 54'- 09" EAST 281.77 FEET TO A POINT; 3)
NORTH 01°-45'- 09" EAST 59.83 FEET TO A POINT; AND 4)  NORTH  02°-  47'-
35"  WEST  51.87  FEET TO AN IRON PIN IN THE SOUTHERLY BOUNDARY OF OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; THENCE EASTERLY
ALONG THE SAID SOUTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORPORATION THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1) NORTH 88°- 22'- 09" EAST 475.96 FEET TO A POINT; 2) NORTH  60°-  07'-
09"  EAST  66.22 FEET TO A POINT; AND 3) NORTH 47°- 47'- 09" EAST 315.47
FEET TO AN IRON PIPE IN THE EASTERLY BOUNDARY OF LANDS NOW  OR  FORMERLY
OF  THE VILLAGE OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID EASTERLY
BOUNDARY OF LANDS NOW OR FORMERLY OF THE  VILLAGE  OF  LAKE  GEORGE  THE
FOLLOWING  THREE  (3) COURSES AND DISTANCES: 1) SOUTH 32°- 08'- 51" EAST
148.00 FEET TO A POINT; 2) SOUTH 37°- 04'- 51" EAST  221.91  FEET  TO  A
POINT;  AND  3)  SOUTH  32°-  47'- 51" EAST 83.60 FEET TO A POINT IN THE
NORTHERLY BOUNDARY OF  THE  AFOREMENTIONED  LANDS  NOW  OR  FORMERLY  OF
CHARLES  R.  WOOD  FOUNDATION;  THENCE WESTERLY ALONG THE SAID NORTHERLY
BOUNDARY OF LANDS NOW OR FORMERLY OF  CHARLES  R.  WOOD  FOUNDATION  THE
FOLLOWING  FOUR  (4)  COURSES AND DISTANCES: 1) SOUTH 55°- 39'- 09" WEST
188.00 FEET TO A SQUARE HEAD BOLT; 2) SOUTH 68°- 08'-  09"  WEST  115.00
FEET  TO A POINT; 3) SOUTH 81°- 37'-09" WEST 240.84 FEET TO A POINT; AND
4) SOUTH 74°- 08'- 09" WEST 546.05  FEET  TO  THE  POINT  OF  BEGINNING,
CONTAINING 8.558 ACRES OF LAND, BEING THE SAME MORE OR LESS.

S. 5739--C                          3

  ALSO, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE LYING AND BEING
IN  THE  VILLAGE  OF  LAKE  GEORGE, COUNTY OF WARREN, STATE OF NEW YORK,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  COMMENCING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO  BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID  DIVISION  LINE  SOUTH  40°27'30" WEST, 188.00 FEET TO THE POINT OF
BEGINNING; THENCE THROUGH SAID LANDS  OF  WARREN  COUNTY  THE  FOLLOWING
THREE  (3) COURSES AND DISTANCES: 1) SOUTH 33°45'28" WEST, 74.95 FEET TO
A POINT, 2) SOUTH 59°52'14" WEST, 108.57 FEET TO A POINT, AND  3)  NORTH
75°07'46"  WEST, 41.87 FEET TO A POINT ON THE DIVISION LINE BETWEEN SAID
LANDS OF WARREN COUNTY ON THE SOUTH AND LANDS NOW OR  FORMERLY  OF  FORT
WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG SAID
DIVISION  LINE NORTH 66°25'30" EAST, 91.92 FEET TO A POINT; THENCE NORTH
52°56'30" EAST, 115.00 FEET TO THE POINT OR PLACE OF BEGINNING.
  EXCEPTING AND RESERVING THEREFROM, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND SITUATE LYING AND BEING IN THE VILLAGE OF LAKE  GEORGE,  COUNTY  OF
WARREN, STATE OF NEW YORK, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
  BEGINNING  AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF  WARREN
COUNTY  (LIBER  4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO A POINT;  THENCE
THROUGH  SAID  LANDS  NOW OR FORMERLY OF FORT WILLIAM HENRY CORP.  NORTH
33°45'28" EAST, 102.84 FEET TO A POINT;  THENCE  NORTH  40°27'30"  EAST,
85.36  FEET  TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY OF LANDS
NOW OR FORMERLY OF WARREN COUNTY (LIBER 281, PAGE 51); THENCE ALONG SAID
WESTERLY BOUNDARY SOUTH 51°54'30" EAST, 12.01 FEET TO THE POINT OR PLACE
OF BEGINNING.
                                PARCEL C
  ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE  VILLAGE  OF  LAKE
GEORGE,  COUNTY  OF  WARREN,  STATE  OF  NEW  YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
  BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE EASTERLY  BOUNDARY
OF  NEW  YORK  STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY OF OTHER LANDS
NOW OR FORMERLY OF  FORT  WILLIAM  HENRY  CORPORATION;  SAID  PIN  BEING
LOCATED  THE FOLLOWING FOUR (4) COURSES AND DISTANCES NORTHERLY FROM THE
INTERSECTION OF THE EASTERLY BOUNDARY OF NEW YORK STATE  ROUTE  9N  WITH
THE  NORTHERLY  BOUNDARY  OF  LANDS  NOW OR FORMERLY OF CHARLES R.  WOOD
FOUNDATION: 1) NORTH 03°- 06'- 51" WEST 54.12 FEET; 2) NORTH  00°-  54'-
09"  EAST  281.77  FEET;  3) NORTH 01°- 45'- 09" EAST 59.83 FEET; AND 4)
NORTH 02°- 47'- 35" WEST 51.87 FEET, AND RUNNING THENCE FROM SAID  POINT
OF  BEGINNING  NORTHERLY  ALONG  THE  SAID EASTERLY BOUNDARY OF NEW YORK
STATE ROUTE 9N THE FOLLOWING SEVEN (7) COURSES AND DISTANCES:  1)  NORTH
03°-  29'-09"  EAST  105.00 FEET TO A POINT; 2) NORTH 09°- 11'- 09" EAST
60.10 FEET TO A POINT; 3) NORTH 05°- 41'- 09"  EAST  161.06  FEET  TO  A
POINT;  4)  NORTH 09°- 28'-34" EAST 124.23 FEET TO AN IRON PIN; 5) NORTH
14°- 08'- 27" EAST 150.26 FEET TO A SQUARE MONUMENT; 6) NORTH 22°-  36'-
14"  EAST  111.15 FEET TO A POINT; AND 7) NORTH 17°- 47'- 09" EAST 91.79
FEET TO AN IRON PIPE IN THE SOUTHERLY BOUNDARY OF LANDS NOW OR  FORMERLY
OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.; THENCE SOUTH 59°- 07'-
51"  EAST  ALONG THE SAID SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF
ADIRONDACK ENTERTAINMENT AND RECREATION, INC. 40.70  FEET  TO  A  POINT;

S. 5739--C                          4

THENCE NORTH 51°- 01'- 09" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LANDS  NOW  OR FORMERLY OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.
167.30 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY  OF  LANDS  NOW  OR
FORMERLY  OF  THE  ADIRONDACK LAKEVIEW CORPORATION; THENCE SOUTHEASTERLY
ALONG THE SAID SOUTHWESTERLY BOUNDARY OF LANDS NOW OR  FORMERLY  OF  THE
ADIRONDACK  LAKEVIEW  CORPORATION  THE  FOLLOWING  FIVE  (5) COURSES AND
DISTANCES: 1) SOUTH 42°- 42'- 21" EAST 120.00 FEET TO A POINT; 2)  SOUTH
26°-  32'-  41"  EAST 145.00 FEET TO A POINT; 3) SOUTH 25°-55'- 51" EAST
130.20 FEET TO A POINT; 4) SOUTH 30°- 43'- 21" EAST  111.17  FEET  TO  A
POINT;  AND  5)  SOUTH 29°- 21'- 51" EAST 139.17 FEET TO A POINT; THENCE
NORTH 60°- 37'- 18" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID  LANDS
NOW  OR  FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION 70.01 FEET TO A
POINT IN THE WESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF  THE  VILLAGE
OF  LAKE  GEORGE;  THENCE  SOUTHERLY ALONG THE SAID WESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE  THE  FOLLOWING  TWO
(2)  COURSES  AND DISTANCES: 1) SOUTH 29°- 21'- 51" EAST 32.24 FEET TO A
POINT; AND 2) SOUTH 30°- 27'- 51" EAST 73.00 FEET TO AN IRON PIPE IN THE
NORTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT WILLIAM  HENRY
CORPORATION;  THENCE WESTERLY ALONG THE SAID NORTHERLY BOUNDARY OF OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY  CORPORATION  THE  FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 47°- 47'- 09" WEST 315.47 FEET
TO  A  POINT;  2) SOUTH 60°- 07'- 09" WEST 66.22 FEET TO A POINT; AND 3)
SOUTH 88°- 22'- 09" WEST 475.96 FEET TO THE POINT OF BEGINNING, CONTAIN-
ING 9.398 ACRES OF LAND, BEING THE SAME MORE OR LESS.
  S 2. This act shall take effect immediately.

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