S T A T E   O F   N E W   Y O R K
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                                  6499

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  manufacturers and wholesalers  of  alcohol  and  retail  interest  and
  licenses

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
section 101 of the alcoholic beverage control law, as amended by chapter
22 of the laws of 2011, is amended to read as follows:
  Be  interested  directly or indirectly in any premises where any alco-
holic beverage is sold at retail EXCEPT THAT IT SHALL  NOT  BE  UNLAWFUL
FOR  A  MANUFACTURER  OR  WHOLESALER  LICENSED  UNDER THIS CHAPTER TO BE
INTERESTED DIRECTLY OR INDIRECTLY IN ANY PREMISES WHERE ALCOHOLIC BEVER-
AGES ARE SOLD SO LONG AS THE WHOLESALER'S  OR  MANUFACTURER'S  ALCOHOLIC
BEVERAGE IS NOT SOLD AT SAID PREMISES; or in any business devoted wholly
or  partially  to  the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any  personal  or
real  property,  or by any other means. The provisions of this paragraph
shall not apply to
  S 2. Section 103 of the alcoholic beverage control law is  amended  by
adding a new subdivision 10 to read as follows:
  10.  ANY MANUFACTURER SHALL BE PERMITTED A RETAIL LICENSE FOR ON-PREM-
ISES CONSUMPTION IN ANY PREMISES WHERE LIQUORS, WINES OR BEER  ARE  SOLD
AT  WHOLESALE,  BY  STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR
LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS, EXCEPT THAT
LIQUORS, WINES OR BEER MAY BE  SOLD  BY  THE  PERSON  LICENSED  AS  SAID
MANUFACTURER  THEREOF  SO  LONG AS THE ALCOHOLIC BEVERAGE OR BEVERAGE OF
SAID RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMPTION.
  S 3. Section 104 of the alcoholic beverage control law is  amended  by
adding a new subdivision 12 to read as follows:

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

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  12. ANY WHOLESALER SHALL BE PERMITTED A RETAIL LICENSE FOR ON-PREMISES
CONSUMPTION  IN  ANY  PREMISES  WHERE LIQUORS, WINES OR BEER ARE SOLD AT
WHOLESALE, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR  LIEN
ON  ANY  PERSONAL  OR  REAL  PROPERTY OR BY ANY OTHER MEANS, EXCEPT THAT
LIQUORS,  WINES  OR BEER MAY BE SOLD WHOLESALE BY THE PERSON LICENSED AS
WHOLESALER THEREOF SO LONG AS THE ALCOHOLIC BEVERAGE OR BEVERAGE OF SAID
RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMPTION.
  S 4. The opening paragraph of subdivision 13 of  section  106  of  the
alcoholic  beverage control law, as amended by chapter 22 of the laws of
2011, is amended to read as follows:
  No retail licensee for on-premises consumption  shall  be  interested,
directly or indirectly, in any premises where liquors, wines or beer are
manufactured  or  sold  at  wholesale,  by stock ownership, interlocking
directors, mortgage or lien on any personal or real property or  by  any
other  means,  except that liquors, wines or beer may be manufactured or
sold wholesale by the person licensed as a  manufacturer  or  wholesaler
thereof, EXCEPT THAT A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL
BE  PERMITTED  TO BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY PREMISES
WHERE LIQUORS, WINES OR BEER ARE MANUFACTURED OR SOLD AT  WHOLESALE,  BY
STOCK  OWNERSHIP,  INTERLOCKING  DIRECTORS,  MORTGAGE  OR  LIEN  ON  ANY
PERSONAL OR REAL PROPERTY BY ANY MEANS, EXCEPT THAT  LIQUORS,  WINES  OR
BEER  MAY  BE MANUFACTURED OR SOLD WHOLESALE BY THE PERSON LICENSED AS A
MANUFACTURER OR WHOLESALER THEREOF SO LONG AS THE ALCOHOLIC BEVERAGE  OR
BEVERAGE  OF SAID RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMP-
TION, on real property owned by an interstate railroad corporation or  a
United States certificated airline with a retail license for on-premises
consumption,  or  on premises or with respect to a business constituting
an overnight lodging and resort facility located wholly within the boun-
daries of the town of North Elba,  county  of  Essex,  township  eleven,
Richard's  survey,  great  lot  numbers  two  hundred seventy-eight, two
hundred seventy-nine, two hundred eight, two hundred  ninety-eight,  two
hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three
hundred nineteen, three hundred twenty, three  hundred  thirty-five  and
three hundred thirty-six, and township twelve, Thorn's survey, great lot
numbers  one  hundred  six  and  one  hundred  thirteen, as shown on the
Adirondack map, compiled by the conservation department of the state  of
New  York  -  nineteen  hundred  sixty-four edition, in the Essex county
atlas at page twenty-seven in the Essex county  clerk's  office,  Eliza-
bethtown,  New York, provided that such facility maintains not less than
two hundred fifty rooms and suites for overnight lodging, or on premises
or with respect to the operation of a restaurant in an  office  building
located  in  a city having a population of five hundred thousand or more
and in which is located the licensed premises of  such  manufacturer  or
wholesaler, provided that the building, the interior of the retail prem-
ise  and the rental therefor fully comply with the criteria set forth in
paragraph two of subdivision three of section one hundred  one  of  this
article,  any  such premises or business located on that tract or parcel
of land, or any subdivision thereof, situate  in  the  Village  of  Lake
Placid, Town of North Elba, Essex County, New York; it being also a part
of  Lot No.  279, Township No. 11, Old Military Tract, Richard's Survey;
it being also all of Lot No. 23 and part of Lot  No.  22  as  shown  and
designated  on a certain map entitled "Map of Building Sites for Sale by
B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL  No.
1  on  a certain map of lands of Robert J. Mahoney and wife made by G.C.
Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964, and filed in the
Essex County Clerk's Office on August 27, 1964,  and  more  particularly

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bounded  and  described as follows; BEGINNING at the intersection of the
northerly bounds of  Shore  Drive  (formerly  Mirror  Street)  with  the
westerly  bounds  of  Park  Place (formerly Rider Street) which point is
also  the  northeast corner of Lot No. 23, from thence South 21°50' East
in the westerly bounds of Park Place a distance of  119  feet,  more  or
less,  to  a lead plug in the edge of the sidewalk marking the southeast
corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
South 68°00'50" West a distance of 50.05 feet to an  iron  pipe  set  in
concrete  at  the  corner of Lots 23 and 22; from thence South 65°10'50"
West a distance of 7.94 feet along the south line of Lot No.  22  to  an
iron  pipe  for  a corner; from thence North 23°21'40" West and at 17.84
feet along said line passing over a drill hole in a  concrete  sidewalk,
and  at  68.04 feet further along said line passing over an iron pipe at
the southerly edge of another sidewalk, and at 1.22 feet  further  along
said  line  passing  over  another  drill  hole  in  a sidewalk, a total
distance of 119 feet, more or less, to the northerly line of Lot No. 22;
from thence easterly in the northerly line of  Lot  22  and  23  to  the
northeast  corner of Lot No. 23 and the point of beginning. Also includ-
ing the lands to the center of Shore Drive included between the norther-
ly straight line continuation of the side lines of the  above  described
parcel,  and  to  the  center  of  Park Place, where they abut the above
described premises SUBJECT to the use thereof for street purposes. Being
the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
July 10, 1992 in Book 1017 of Deeds at Page 318, or any such premises or
business  located on that certain piece or parcel of land, or any subdi-
vision thereof, situate, lying and being in  the  Town  of  Plattsburgh,
County of Clinton, State of New York and being more particularly bounded
and described as follows: Starting at an iron pipe found in the easterly
bounds of the highway known as the Old Military Turnpike, said iron pipe
being  located 910.39 feet southeasterly, as measured along the easterly
bounds of said highway, from the southerly bounds of the  roadway  known
as  Industrial  Parkway  West,  THENCE running S 31° 54' 33" E along the
easterly bounds of said Old Military Turnpike Extension, 239.88 feet  to
a  point  marking  the  beginning of a curve concave to the west; thence
southerly along said curve, having a radius of 987.99 feet, 248.12  feet
to  an  iron  pipe  found  marking the point of beginning for the parcel
herein being described, said point also marked the southerly  corner  of
lands  of Larry Garrow, et al, as described in Book 938 of Deeds at page
224; thence N 07° 45' 4" E along the easterly  bounds  of  said  Garrow,
748.16  feet  to  a  3"x4"  concrete  monument marking the northeasterly
corner of said Garrow, the northwesterly corner  of  the  parcel  herein
being  described  and said monument also marking the southerly bounds of
lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
186; thence S 81° 45' 28" E along a portion of the southerly  bounds  of
said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
northeasterly corner of the parcel herein being described and also mark-
ing the northwest corner of the remaining lands now or formerly owned by
said  Marx and Delaura; thence S 07° 45' 40" W along the Westerly bounds
of lands now of formerly of said Marx and DeLaura and along the easterly
bounds of the parcel herein being described, 560.49 feet to an iron pin;
thence N 83° 43' 21" W along a portion of the remaining  lands  of  said
Marx  and  DeLaura,  41.51  feet to an iron pin; thence S 08° 31' 30" W,
along a portion of the remaining lands of said Marx and  Delaura,  75.01
feet  to  an  iron  pin  marking northeasterly corner of lands currently
owned by the Joint Council for Economic Opportunity of  Plattsburgh  and

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Clinton  County,  Inc.  as  described  in Book 963 of Deeds at Page 313;
thence N 82° 20' 32" W along a portion of the northerly bounds  of  said
J.C.E.O.,  173.50  feet to an iron pin; thence 61° 21' 12" W, continuing
along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to
an  iron  pin;  thence S 07° 45' 42" W along the westerly bounds of said
J.C.E.O., 50 feet to an iron pin; thence S 66° 48' 56" W along a portion
of the northerly bounds of remaining lands of  said  Marx  and  DeLaura,
100.00  feet  to an iron pipe found on the easterly bounds of the afore-
said highway, said from pipe also being located on a  curve  concave  to
the west; thence running and running northerly along the easterly bounds
of  the  aforesaid  highway  and  being along said curve, with the curve
having a radius of 987.93 feet, 60.00 feet to the point of beginning and
containing 6.905 acres of land. Being the same premises as  conveyed  to
Ronald  Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
as agent of the administrator, U.S. Small  Business  Administration,  an
agency  of  the  United  States  Government dated September 10, 2001 and
recorded in the office of the Clinton County Clerk on September 21, 2001
as Instrument #135020, or any such premises  or  businesses  located  on
that  certain plot, piece or parcel of land, situate, lying and being in
the Second Ward of the City of Schenectady, on  the  Northerly  side  of
Union Street, bounded and described as follows: to wit; Beginning at the
Southeasterly  corner of the lands lately owned by Elisha L. Freeman and
now by Albert Shear; and running from thence Easterly along the line  of
Union  Street, 44 feet to the lands now owned by or in the possession of
James G. Van Vorst; thence Northerly in a straight line along  the  last
mentioned  lands  and  the  lands of the late John Lake, 102 feet to the
lands of one Miss Rodgers; thence Westerly along the line  of  the  last
mentioned  lands  of  said  Rodgers  to the lands of the said Shear; and
thence Southerly along the lands of said Shear 101  feet,  6  inches  to
Union Street, the place of beginning.
  S 5. This act shall take effect immediately.