senate Bill S6747

2013-2014 Legislative Session

Exempts certain premises in the county of Warren from the prohibition on manufacturers having an interest in premises selling alcoholic beverages at retail

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2014 referred to investigations and government operations

S6747 - Bill Details

See Assembly Version of this Bill:
A9008
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101 & 106, ABC L

S6747 - Bill Texts

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Exempts certain premises in the county of Warren from the prohibition on manufacturers having an interest in premises selling alcoholic beverages at retail.

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BILL NUMBER:S6747

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to exempting certain premises in the county of Warren from
the prohibition on manufacturers and wholesalers having an interest in
premises selling alcoholic beverages at retail

PURPOSE:

Exempts certain premises in the county of Warren from the prohibition
on manufacturers having an interest in premises selling alcoholic
beverages at retail.

SUMMARY OF PROVISIONS:

Amends sections 101(1)(a) and 106(13) of the Alcoholic Beverage
Control Law, which restricts the relationships between manufactures,
wholesalers and retailers, by adding two parcels of land in the Town
of Queensbury and the City of Glens Falls.

EXISTING LAW:

Current law restricts ownership interests between alcohol
manufacturers, wholesalers and retailers. However, over the years the
law has been amended to create specific exemptions from theses general
prohibitions.

JUSTIFICATION:

The craft-brewing industry is experiencing unprecedented growth and
Davidson Brothers located in Glens Falls, New York is a perfect
example of this growth. For the past 16 years Davidson Brothers has
been operating its 7 barrel brewery in the City of Glens Falls and
have a contract brewery in Portland, Maine which produces their
bottled beer for retail sale. The Davidson Brothers brand has built a
strong presence in New York's distribution markets but has limited
growth potential due to production capacity limits of their existing 7
barrel brewery in Glens Falls.

Their current location is in the center of the historic downtown
district of Glens Falls and the new 50 barrel traditional Peter Austin
system will be developed in an existing vacant structure the in Town
Queensbury. Both breweries will supply their current market as well as
be able to produce product to ship out of the market areas for
Davidson Brothers and other contract customers.

LEGISLATIVE HISTORY:

New Bill.

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
________________________________________________________________________

                                  6747

                            I N  S E N A T E

                              March 5, 2014
                               ___________

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
  exempting  certain  premises in the county of Warren from the prohibi-
  tion on manufacturers and wholesalers having an interest  in  premises
  selling alcoholic beverages at retail

  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  bounda-
ries  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, Eliza-
bethtown, New York, provided that 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14273-01-4

S. 6747                             2

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 main-
tains not less than one hundred twenty rooms and  suites  for  overnight
lodging[,];  (iii)  any such premises or business constituting the over-
night 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 inter-
section  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  paral-
lel with the easterly side of seventh avenue one hundred feet five inch-
es  to  the southerly side of west fifty-fifth street at a point distant
one hundred fifty feet easterly from the intersection of the said south-
erly 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 south-
erly 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 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

S. 6747                             3

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 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; (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 Platts-
burgh, 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 road-
way 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  south-

S. 6747                             4

erly  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  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 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  reputedly
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
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

S. 6747                             5

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
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"

S. 6747                             6

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.
  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.

S. 6747                             7

  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,  situ-
ate,  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 East-
erly  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
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

S. 6747                             8

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
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)

S. 6747                             9

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 Ontar-
io 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 division 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
thereof,  a  distance  of 198.78 feet to a point on the easterly edge of
pavement 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;

S. 6747                            10

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; (IX) ANY SUCH PREMISES OR BUSINESSES LOCATED ON THAT TRACT
OR PARCEL OF LAND SITUATE IN THE  TOWN  OF  QUEENSBURY,  WARREN  COUNTY,
BEING  PART  OF  LOTS  51  AND  58  OF THE FIRST DIVISION OF THE TOWN OF
QUEENSBURY, BOUNDED AND DESCRIBED AS FOLLOWS:  BEGINNING AT A  POINT  IN
THE  WESTERLY BOUNDS OF NEW YORK STATE ROUTE #9, AT A DISTANCE OF 300.07
FEET ON A COURSE OF NORTH 34-40 WEST MEASURED ALONG SAID WESTERLY BOUNDS
FROM THE DIVISION LINE BETWEEN LANDS OF NOW OR FORMERLY NORTHWAY  SPORTS
INC ON THE NORTH AND LANDS NOW OR FORMERLY OF MARCUS BRUCE ON THE SOUTH,
RUNNING  THENCE  FROM THE PLACE OF BEGINNING SOUTH 55 DEGREES 20 MINUTES
WEST ON A LINE WHICH IS PARALLEL TO AND 55 FEET DISTANCE  NORTHERLY,  AT
RIGHT ANGLES, FROM THE NORTHERLY FACE OF THE CONCRETE BUILDING, KNOWN AS
SKATELAND,  FOR  A  DISTANCE  OF 532.37 FEET; THENCE SOUTH 70 DEGREES 03
MINUTES WEST ON A LINE WHICH IS PARALLEL TO  AND  155.00  FEET  DISTANCE
NORTHERLY,  AT  RIGHT  ANGLES,  FROM  THE SOUTHERLY LINE OF LANDS NOW OR
FORMERLY OF NORTHWAY SPORTS INC., FOR A DISTANCE OF 107.63 FEET,  THENCE
NORTH  29  DEGREES 04 MINUTES WEST FOR A DISTANCE OF 315.43 FEET; THENCE
NORTH 70 DEGREES 17 MINUTES 30 SECONDS EAST ALONG THE  SOUTHERLY  BOUNDS
OF  AN  EXISTING  ROAD,  FOR A DISTANCE OF 445.47 FEET TO AN ANGLE POINT
THEREIN; THENCE NORTH 67 DEGREES 35 MINUTES EAST ALONG SAID ROAD  BOUNDS
FOR  A  DISTANCE  OF 92.32 FEET; THENCE NORTH 68 DEGREES 02 MINUTES EAST
ALONG SAID ROAD BOUNDS FOR A DISTANCE OF  87.24  FEET  TO  THE  WESTERLY
BOUNDS  OF  NEW  YORK STATE ROUTE #9; THENCE SOUTH 34 DEGREES 40 MINUTES
EAST ALONG SAID ROUTE #9 BOUNDARY FOR A DISTANCE OF 187.50 FEET  TO  THE
PLACE OF BEGINNING, CONTAINING 3.735 ACRES.
  SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD.
  BEING  THE SAME PREMISES CONVEYED FROM MALCOLM C. GREEN, INDIVIDUALLY,
AND NEIL D. KRUG AND CHRISTINA L. RIFKIN, AS TRUSTEES OF THE  HARMON  A.
RIFKIN TRUST, U/D/T DATED JUNE 2, 1994, BENEFICIARIES OF THE GLENS FALLS
CINEMA  TRUST  TO  GARY  WILSON  AND JILL WILSON, HIS WIFE BY DEED DATED
AUGUST 14, 2003 AND RECORDED IN THE  WARREN  COUNTY  CLERK'S  OFFICE  ON
AUGUST  27,  2003  IN BOOK 1336 OF DEEDS AT PAGE 194 AND FROM MALCOLM C.
GREEN AND NEIL D. KRUG, AS TRUSTEES OF  THE  GLENS  FALLS  CINEMA  TRUST
U/D/T  DATED  AS  OF  JANUARY 17, 1979 BY DEED DATED AUGUST 14, 2003 AND

S. 6747                            11

RECORDED IN THE WARREN COUNTY CLERK'S OFFICE ON AUGUST 27, 2003 IN  BOOK
1336  OF DEEDS AT PAGE 199; OR (X) ANY SUCH PREMISES OR BUSINESS LOCATED
ON THAT TRACT OR PARCEL OF LAND SITUATED IN THE  CITY  OF  GLENS  FALLS,
WARREN  COUNTY,  COMMONLY  KNOWN  AS  182-184  GLEN  STREET, BOUNDED AND
DESCRIBED AS FOLLOWS:  BEGINNING AT A POINT ON THE WESTERLY SIDE OF GLEN
STREET IN RANGE WITH THE NORTHERLY SIDE OF THE STORE FORMERLY  KNOWN  AS
FOLSOMS  BRICK  STORE,  NOW  OR  FORMERLY  KNOWN AS "ERLANGERS", RUNNING
THENCE SOUTH  FORTY-FIVE  DEGREES  WEST  ALONG  THE  SOUTHERLY  SIDE  OF
EXCHANGE  STREET  ONE  HUNDRED AND FIFTY THREE FEET (153'), THENCE SOUTH
THIRTY THREE DEGREES AND THIRTY MINUTES EAST TWENTY ONE FEET  AND  THREE
INCHES TO LAND FORMERLY OWNED BY ADAMS W. FLACK, THENCE NORTH FORTY FOUR
DEGREES  EAST  ALONG  THE  LINE OF SAID FLACK LAND AND THE LAND FORMERLY
OWNED BY H.W. PARINE ONE HUNDRED AND FIFTY THREE  FEET  TO  GLEN  STREET
AFORESAID THENCE NORTH FORTY THREE DEGREES AND THIRTY MINUTES WEST ALONG
THE LINE OF SAID GLEN STREET TWENTY TWO FEET TO THE PLACE OF BEGINNING.
  EXCEPTING  A  STRIP OF LAND SIXTEEN FEET WIDE AND TWENTY ONE FEET DEEP
ON THE SOUTH WESTWARDLY END OF ABOVE MENTIONED LOT WHICH STRIP  OF  LAND
WAS CONVEYED BY CHARLES RICO TO W.S. CARPENTER AND W. D. LOVELESS ON THE
FIRST DAY OF MAY 1860 (DEED REFERENCE LIBER 4 PAGE 210).
  ALSO  A  RIGHT  OF WAY UPON AND ACROSS SAID PARCEL CONVEYED BY RICO TO
CARPENTER AND LOVELESS SIXTEEN FEET IN WIDTH AND ALONG THE WHOLE  EXTENT
FROM EXCHANGE STREET.
  AS  AND FOR A MORE MODERN DESCRIPTION, ALL THAT CERTAIN PARCEL OF LAND
SITUATE IN THE CITY OF GLENS FALLS, WARREN COUNTY, NEW YORK, LOCATED  ON
THE  SOUTHWESTERLY SIDE OF GLEN STREET IN SAID CITY, AND WHICH PARCEL IS
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF GLEN STREET  AT  THE
NORTHWESTERLY  CORNER  OF  LANDS OF RUSSELL & WAITE, INC., SAID POINT OF
BEGINNING BEING ALSO THE  NORTHWESTERLY  CORNER  OF  THE  3-STORY  BRICK
BUILDING OWNED BY RUSSELL & WAITE, INC.  AND THE NORTHEASTERLY CORNER OF
THE  3-STORY  BUILDING  OWNED NOW OR FORMERLY BY SAID SILVER BOW LEASING
CORP., AND WHICH POINT OF BEGINNING IS ALSO SITUATE  AT  A  DISTANCE  OF
22.07  FEET SOUTHEASTERLY, MEASURED ALONG THE SOUTHWESTERLY LINE OF GLEN
STREET FROM THE NORTHEASTERLY CORNER OF  A  PARCEL  OF  LAND  WHICH  WAS
FORMERLY  KNOWN  AS  EXCHANGE  STREET;  RUNNING THENCE FROM THE POINT OF
BEGINNING, SOUTH 22 DEGREES 12 MINUTES 20 SECONDS WEST ALONG THE WESTER-
LY LINE OF THE 3-STORY BRICK BUILDING OWNED BY RUSSELL  &  WAITE,  INC.,
AND THE EASTERLY LINE OF THE 3-STORY BRICK BUILDING OWNED BY SAID SILVER
BOW  LEASING  CORP.,  FOR A DISTANCE OF 120.47 FEET TO THE SOUTHEASTERLY
CORNER OF SAID 3-STORY BRICK BUILDING OWNED BY SAID SILVER  BOW  LEASING
CORP.,  THENCE NORTH 57 DEGREES 35 MINUTES WEST ALONG THE SOUTHERLY FACE
OF SAID 3-STORY BRICK BUILDING, FOR A DISTANCE  OF  22.25  FEET  TO  THE
SOUTHWESTERLY  CORNER  OF  SAID  BUILDINGS  THENCE  NORTH  32 DEGREES 17
MINUTES 40 SECONDS EAST ALONG THE EASTERLY LINE OF LAND  FORMERLY  KNOWN
AS  EXCHANGE  STREET  TO  THE  NORTHWESTERLY CORNER OF THE 3-STORY BRICK
BUILDING CONVEYED BY ROBERT L. BUCK, JR. TO SILVER BOW LEASING CORP.  BY
DEED  DATED SEPTEMBER 30, 1900 AND RECORDED IN THE WARREN COUNTY CLERK'S
OFFICE IN BOOK 727 OF DEEDS AT PAGE 267;  THENCE  SOUTH  57  DEGREES  31
MINUTES  40 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF GLEN STREET AND
THE NORTHERLY FACE OF SAID BUILDING, FOR A DISTANCE OF 22.07 FEET TO THE
POINT 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

S. 6747                            12

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
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.  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

S. 6747                            13

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
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

S. 6747                            14

and described as follows: Starting at an iron pipe found in the easterly
bounds of the highway known as the Old Military Turnpike, said iron pipe
being  located 910.39 feet southeasterly, as measured along the easterly
bounds  of  said highway, from the southerly bounds of the roadway known
as Industrial Parkway West, THENCE running S 31° 54'  33"  E  along  the
easterly  bounds of said Old Military Turnpike Extension, 239.88 feet to
a point marking the beginning of a curve concave  to  the  west;  thence
southerly  along said curve, having a radius of 987.99 feet, 248.12 feet
to an iron pipe found marking the point  of  beginning  for  the  parcel
herein  being  described, said point also marked the southerly corner of
lands of Larry Garrow, et al, as described in Book 938 of Deeds at  page
224;  thence  N  07°  45' 4" E along the easterly bounds of said Garrow,
748.16 feet to a  3"x4"  concrete  monument  marking  the  northeasterly
corner  of  said  Garrow,  the northwesterly corner of the parcel herein
being described and said monument also marking the southerly  bounds  of
lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
186;  thence  S 81° 45' 28" E along a portion of the southerly bounds of
said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
northeasterly corner of the parcel herein being described and also mark-
ing the northwest corner of the remaining lands now or formerly owned by
said Marx and Delaura; thence S 07° 45' 40" W along the Westerly  bounds
of lands now of formerly of said Marx and DeLaura and along the easterly
bounds of the parcel herein being described, 560.49 feet to an iron pin;
thence  N  83°  43' 21" W along a portion of the remaining lands of said
Marx and DeLaura, 41.51 feet to an iron pin; thence S  08°  31'  30"  W,
along  a  portion of the remaining lands of said Marx and Delaura, 75.01
feet to an iron pin marking  northeasterly  corner  of  lands  currently
owned  by  the Joint Council for Economic Opportunity of Plattsburgh and
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

S. 6747                            15

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
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,

S. 6747                            16

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, 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-

S. 6747                            17

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;  ANY  SUCH PREMISES OR BUSINESSES LOCATED ON THAT TRACT OR
PARCEL OF LAND SITUATE IN THE TOWN OF QUEENSBURY, WARREN  COUNTY,  BEING
PART  OF LOTS 51 AND 58 OF THE FIRST DIVISION OF THE TOWN OF QUEENSBURY,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN  THE  WESTERLY
BOUNDS  OF  NEW  YORK STATE ROUTE # 9, AT A DISTANCE OF 300.07 FEET ON A
COURSE OF NORTH 34-40 WEST MEASURED ALONG SAID WESTERLY BOUNDS FROM  THE
DIVISION  LINE  BETWEEN  LANDS OF NOW OR FORMERLY NORTHWAY SPORTS INC ON
THE NORTH AND LANDS NOW OR  FORMERLY  OF  MARCUS  BRUCE  ON  THE  SOUTH,
RUNNING  THENCE  FROM THE PLACE OF BEGINNING SOUTH 55 DEGREES 20 MINUTES
WEST ON A LINE WHICH IS PARALLEL TO AND 55 FEET DISTANCE  NORTHERLY,  AT
RIGHT ANGLES, FROM THE NORTHERLY FACE OF THE CONCRETE BUILDING, KNOWN AS
SKATELAND,  FOR  A  DISTANCE  OF 532.37 FEET; THENCE SOUTH 70 DEGREES 03
MINUTES WEST ON A LINE WHICH IS PARALLEL TO  AND  155.00  FEET  DISTANCE
NORTHERLY,  AT  RIGHT  ANGLES,  FROM  THE SOUTHERLY LINE OF LANDS NOW OR
FORMERLY OF NORTHWAY SPORTS INC., FOR A DISTANCE OF 107.63 FEET,  THENCE
NORTH  29  DEGREES 04 MINUTES WEST FOR A DISTANCE OF 315.43 FEET; THENCE
NORTH 70 DEGREES 17 MINUTES 30 SECONDS EAST ALONG THE  SOUTHERLY  BOUNDS
OF  AN  EXISTING  ROAD,  FOR A DISTANCE OF 445.47 FEET TO AN ANGLE POINT
THEREIN; THENCE NORTH 67 DEGREES 35 MINUTES EAST ALONG SAID ROAD  BOUNDS
FOR  A  DISTANCE  OF 92.32 FEET; THENCE NORTH 68 DEGREES 02 MINUTES EAST
ALONG SAID ROAD BOUNDS FOR A DISTANCE OF  87.24  FEET  TO  THE  WESTERLY
BOUNDS  OF  NEW  YORK STATE ROUTE #9, THENCE SOUTH 34 DEGREES 40 MINUTES
EAST ALONG SAID ROUTE #9 BOUNDARY FOR A DISTANCE OF 187.50 FEET  TO  THE
PLACE OF BEGINNING, CONTAINING 3.735 ACRES.
  SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD.
  BEING  THE SAME PREMISES CONVEYED FROM MALCOLM C. GREEN, INDIVIDUALLY,
AND NEIL D. KRUG AND CHRISTINA L. RIFKIN, AS TRUSTEES OF THE  HARMON  A.

S. 6747                            18

RIFKIN TRUST, U/D/T DATED JUNE 2, 1994, BENEFICIARIES OF THE GLENS FALLS
CINEMA  TRUST  TO  GARY  WILSON  AND JILL WILSON, HIS WIFE BY DEED DATED
AUGUST 14, 2003 AND RECORDED IN THE  WARREN  COUNTY  CLERK'S  OFFICE  ON
AUGUST  27,  2003  IN BOOK 1336 OF DEEDS AT PAGE 194 AND FROM MALCOLM C.
GREEN AND NEIL D. KRUG, AS TRUSTEES OF  THE  GLENS  FALLS  CINEMA  TRUST
U/D/T  DATED  AS  OF  JANUARY 17, 1979 BY DEED DATED AUGUST 14, 2003 AND
RECORDED IN THE WARREN COUNTY CLERK'S OFFICE ON AUGUST 27, 2003 IN  BOOK
1336  OF  DEEDS  AT PAGE 199; ANY SUCH PREMISES OR BUSINESSES LOCATED ON
THAT TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF GLENS FALLS, WARREN
COUNTY, COMMONLY KNOWN AS 182-184 GLEN STREET, BOUNDED AND DESCRIBED  AS
FOLLOWS:    BEGINNING  AT A POINT ON THE WESTERLY SIDE OF GLEN STREET IN
RANGE WITH THE NORTHERLY SIDE OF THIS STORE FORMERLY  KNOWN  AS  FOLSONS
BRICK  STORE, NOW OR FORMERLY KNOWN AS "ERLANGERS", RUNNING THENCE SOUTH
FORTY-FIVE DEGREES WEST ALONG THE SOUTHERLY SIDE OF EXCHANGE STREET  ONE
HUNDRED  AND  FIFTY THREE FEET (153'), THENCE SOUTH THIRTY THREE DEGREES
AND THIRTY MINUTES EAST TWENTY ONE FEET AND THREE INCHES TO LAND FORMER-
LY OWNED BY ADAMS W. FLACK, THENCE NORTH FORTY FOUR DEGREES  EAST  ALONG
THE  LINE  OF SAID FLACK LAND AND THE LAND FORMERLY OWNED BY H.W. PARINE
ONE HUNDRED AND FIFTY THREE FEET TO GLEN STREET AFORESAID  THENCE  NORTH
FORTY  THREE DEGREES AND THIRTY MINUTES WEST ALONG THE LINE OF SAID GLEN
STREET TWENTY TWO FEET TO THE PLACE OF BEGINNING.
  EXCEPTING A STRIP OF LAND SIXTEEN FEET WIDE AND TWENTY ONE  FEET  DEEP
ON  THE  SOUTH WESTWARDLY END OF ABOVE MENTIONED LOT WHICH STRIP OF LAND
WAS CONVEYED BY CHARLES RICO TO W.S. CARPENTER AND W. D. LOVELESS ON THE
FIRST DAY OF MAY 1860 (DEED REFERENCE LIBER 4 PAGE 210).
  ALSO A RIGHT OF WAY UPON AND ACROSS SAID PARCEL CONVEYED  BY  RICO  TO
CARPENTER  AND LOVELESS SIXTEEN FEET IN WIDTH AND ALONG THE WHOLE EXTENT
FROM EXCHANGE STREET.
  AS AND FOR A MORE MODERN DESCRIPTION, ALL THAT CERTAIN PARCEL OF  LAND
SITUATE  IN THE CITY OF GLENS FALLS, WARREN COUNTY, NEW YORK, LOCATED ON
THE SOUTHWESTERLY SIDE OF GLEN STREET IN SAID CITY, AND WHICH PARCEL  IN
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A POINT IN THE SOUTHWESTERLY LINE OF GLEN STREET AT THE
NORTHWESTERLY CORNER OF LANDS OF RUSSELL & WAITE, INC.;  SAID  POINT  OF
BEGINNING  BEING  ALSO  THE  NORTHWESTERLY  CORNER  OF THE 3-STORY BRICK
BUILDING OWNED BY RUSSELL & WAITE, INC. AND THE NORTHEASTERLY CORNER  OF
THE  3-STORY  BUILDING  OWNED NOW OR FORMERLY BY SAID SILVER BOW LEASING
CORP., AND WHICH POINT OF BEGINNING IS ALSO SITUATE  AT  A  DISTANCE  OF
22.07  FEET SOUTHEASTERLY, MEASURED ALONG THE SOUTHWESTERLY LINE OF GLEN
STREET FROM THE NORTHEASTERLY CORNER OF  A  PARCEL  OF  LAND  WHICH  WAS
FORMERLY  KNOWN  AS  EXCHANGE  STREET;  RUNNING THENCE FROM THE POINT OF
BEGINNING, SOUTH 22 DEGREES 12 MINUTES 20 SECONDS WEST ALONG THE WESTER-
LY LINE OF THE 3-STORY BRICK BUILDING OWNED BY RUSSELL  &  WAITE,  INC.,
AND THE WESTERLY LINE OF THE 3-STORY BRICK BUILDING OWNED BY SAID SILVER
BOW  LEASING  CORP.  FOR  A DISTANCE OF 120.47 FEET TO THE SOUTHEASTERLY
CORNER OF SAID 3-STORY BRICK BUILDING OWNED BY SAID SILVER  BOW  LEASING
CORP.,  THENCE NORTH 57 DEGREES 35 MINUTES WEST ALONG THE SOUTHERLY FACE
OF SAID 3-STORY BRICK BUILDING, FOR A DISTANCE  OF  22.25  FEET  TO  THE
SOUTHWESTERLY  CORNER  OF  SAID  BUILDINGS  THENCE  NORTH  32 DEGREES 17
MINUTES 40 SECONDS EAST ALONG THE EASTERLY LINE OF LAND  FORMERLY  KNOWN
AS  EXCHANGE  STREET  TO  THE  NORTHWESTERLY CORNER OF THE 3-STORY BRICK
BUILDING CONVEYED BY ROBERT L. BUCK, JR. TO SILVER BOW LEASING CORP.  BY
DEED  DATED SEPTEMBER 30, 1900 AND RECORDED IN THE WARREN COUNTY CLERK'S
OFFICE IN BOOK 717 OF DEEDS AT PAGE 247;  THENCE  SOUTH  57  DEGREES  31
MINUTES  40 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF GLEN STREET AND
THE NORTHERLY FACE OF SAID BUILDING, FOR A DISTANCE OF 22.07 FEET TO THE

S. 6747                            19

POINT OF BEGINNING; or on premises or with respect to a business consti-
tuting the overnight lodging facility located wholly within the  bounda-
ries  of that tract or parcel of land situated in the borough of Manhat-
tan,  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 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 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.
  S 3. This act shall take effect immediately.

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