S T A T E   O F   N E W   Y O R K
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                                  7165

                            I N  S E N A T E

                              April 4, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  issuance of a retail license for on-premises consumption  for  certain
  premises

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

  Section 1. Subdivision 7 of  section  64  of  the  alcoholic  beverage
control  law  is  amended  by  adding  a  new paragraph (e-8) to read as
follows:
  (E-8) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES  CONSUMP-
TION  FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED AS A CHURCH, SYNAGOGUE  OR  OTHER  PLACE  OF  WORSHIP,
PROVIDED  SUCH  PREMISES  CONSTITUTE  A PREMISES FOR THE SALE OF FOOD OR
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITH-
IN THE BOUNDARIES OF THE  COUNTY  OF  ERIE,  BOUNDED  AND  DESCRIBED  AS
FOLLOWS:
  ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BUFFALO, COUN-
TY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO.48, TOWNSHIP 11,
RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, DESCRIBED AS FOLLOWS:
  BEGINNING AT A POINT IN THE EASTERLY LINE OF  ELMWOOD  AVENUE  DISTANT
191.1  FEET  NORTH  OF THE INTERSECTION OF SAID EASTERLY LINE OF ELMWOOD
AVENUE WITH THE NORTHERLY LINE OF BIRD AVENUE; RUNNING THENCE  NORTHERLY
ALONG  THE SAID EASTERLY LINE OF ELMWOOD AVENUE 63 FEET; THENCE EASTERLY
AT RIGHT ANGLES WITH ELMWOOD AVENUE 140 FEET; THENCE SOUTHERLY  PARALLEL
WITH  ELMWOOD AVENUE 63 FEET; THENCE WESTERLY AT RIGHT ANGLES TO ELMWOOD
AVENUE 140 FEET TO THE SAID EASTERLY LINE OF ELMWOOD AVENUE TO THE POINT
OR PLACE OF BEGINNING.
  ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  CITY  OF  BUFFALO,
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO.  FORTY-EIGHT
(48),  TOWNSHIP  ELEVEN  (11)  AND  RANGE  EIGHT (8) OF THE HOLLAND LAND
COMPANY'S SURVEY AND BOUNDED AND DESCRIBED AS FOLLOWS:

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

                                                           LBD14066-01-6

S. 7165                             2

  BEGINNING AT A POINT IN  THE  EASTERLY  LINE  OF  ELMWOOD  AVENUE  ONE
HUNDRED  SIXTY  AND  ONE-TENTH  (160.10)  FEET NORTHERLY FROM ITS INTER-
SECTION WITH THE NORTHERLY LINE OF BIRD AVENUE, RUNNING THENCE NORTHERLY
ON SAID EASTERLY LINE OF ELMWOOD AVENUE  THIRTY-ONE  (31)  FEET;  THENCE
EASTERLY AT RIGHT ANGLES TO ELMWOOD AVENUE ONE HUNDRED FORTY (140) FEET;
THENCE  SOUTHERLY  PARALLEL  WITH  ELMWOOD  AVENUE THIRTY-ONE (31) FEET;
THENCE WESTERLY AT RIGHT ANGLES TO ELMWOOD  AVENUE,  ONE  HUNDRED  FORTY
(140) FEET TO THE EASTERLY LINE OF ELMWOOD AVENUE AT THE PLACE OF BEGIN-
NING.
  ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE CITY OF BUFFALO,
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 48, TOWNSHIP
11, RANGE 8 OF  THE  HOLLAND  LAND  COMPANY'S  SURVEY  AND  BOUNDED  AND
DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A  POINT  IN  THE  EAST LINE OF ELMWOOD AVENUE, DISTANT
321.50 FEET SOUTH FROM THE INTERSECTION OF SAID EAST LINE WITH THE SOUTH
LINE OF FOREST AVENUE; THENCE SOUTH  ALONG  THE  EAST  LINE  OF  ELMWOOD
AVENUE, 49 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE EAST LINE
OF  ELMWOOD AVENUE, 140 FEET TO A POINT, THENCE NORTH, PARALLEL WITH THE
EAST LINE OF ELMWOOD AVENUE, 49 FEET  TO  A  POINT;  THENCE  WEST  IN  A
STRAIGHT LINE, 140 FEET TO THE POINT OF BEGINNING.
  S 2. This act shall take effect immediately.