Senate Bill S7935

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

                                  7935

                            I N  S E N A T E

                              May 26, 2016
                               ___________

Introduced  by  Sen. LANZA -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the alcoholic beverage control  law  and  the  executive
  law, in relation to a reorganization of the alcoholic beverage control
  law;  and  to  repeal  certain  provisions  of  the alcoholic beverage
  control law relating thereto

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

  Section  1.  Section  10  of  the  alcoholic  beverage control law, as
amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
follows:
  S 10. State liquor authority.  There shall continue to be in the exec-
utive  department  an  alcoholic  beverage control division, the head of
which shall be the state liquor authority [which]  WHOSE  MEMBERS  shall
consist of [three members, who shall be known as commissioners] A CHAIR-
MAN  AND  TWO COMMISSIONERS, all of whom shall be citizens and residents
of the state.  [The state alcoholic beverage control board  created  and
appointed pursuant to chapter one hundred eighty of the laws of nineteen
hundred thirty-three, as presently constituted, shall continue in exist-
ence  and  hereafter  shall  be known and designated as the state liquor
authority.] The terms "state alcoholic beverage control  board",  "state
board", "liquor authority", or "authority", wherever occurring in any of
the  provisions  of this chapter or of any other law, or in any official
books, records, instruments, rules or papers, shall hereafter  mean  and
refer to the state liquor authority provided for in this section.
  S  2.  Section 14 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 14. Vacancies; quorum. 1. In the event of a vacancy  caused  by  the
death,  resignation, removal or disability of any [member] COMMISSIONER,
the vacancy shall be filled by the governor by and with the  advice  and
consent of the senate for the unexpired term.
  2.  IN  THE  EVENT  OF  A  VACANCY  CAUSED  BY THE DEATH, RESIGNATION,
REMOVAL, OR DISABILITY OF THE CHAIRMAN, THE VACANCY SHALL BE  FILLED  BY

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

                                                           LBD12046-03-6

S. 7935                             2

THE  GOVERNOR  BY  AND WITH THE ADVICE AND CONSENT OF THE SENATE FOR THE
UNEXPIRED TERM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE GOVERNOR
SHALL DESIGNATE ONE OF THE COMMISSIONERS TO  SERVE  AS  ACTING  CHAIRMAN
UNTIL THE APPOINTMENT AND QUALIFICATION OF A SUCCESSOR CHAIRMAN.
  3.  A  majority  of  the  members  of the authority shall constitute a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
  S 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  2 of chapter 355 of the laws of 2013, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections [fifty-two,] fifty-three-a,  fifty-four,  fifty-four-a,  fifty-
five,  [fifty-five-a,]  sixty-three,  sixty-four,  [sixty-four-a, sixty-
four-b, sixty-four-c,] seventy-six-f, seventy-nine, AND eighty-one  [and
eighty-one-a] of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections fifty-three,
SIXTY-ONE-A,  SIXTY-ONE-B, seventy-six, seventy-six-a, and seventy-eight
of this chapter, provided that the civil penalty against the holder of a
wholesale license issued pursuant to section fifty-three of this chapter
shall not exceed the sum of ten thousand  dollars  where  that  licensee
violates  provisions  of  this  chapter during the course of the sale of
beer at retail to a person for consumption at home, and the sum  of  one
hundred  thousand  dollars  as  against the holder of any license issued
pursuant to sections fifty-one, sixty-one, and sixty-two of  this  chap-
ter.  Any  civil penalty so imposed shall be in addition to and separate
and apart from the terms and provisions of the bond required pursuant to
section one hundred twelve of this chapter. Provided that no  appeal  is
pending on the imposition of such civil penalty, in the event such civil
penalty  imposed  by  the  division remains unpaid, in whole or in part,
more than forty-five days after written demand for payment has been sent
by first class mail to the address of the licensed premises, a notice of
impending default judgment shall be sent by  first  class  mail  to  the
licensed premises and by first class mail to the last known home address
of  the  person  who  signed  the most recent license application.   The
notice of impending default judgment shall advise the licensee: (a) that
a civil penalty was imposed on the licensee; (b) the  date  the  penalty
was  imposed; (c) the amount of the civil penalty; (d) the amount of the
civil penalty that remains unpaid as of the date of the notice; (e)  the
violations for which the civil penalty was imposed; and (f) that a judg-
ment  by  default  will be entered in the supreme court of the county in
which the licensed premises are located, or other court of civil  juris-
diction  or  any  other  place provided for the entry of civil judgments
within the state of New York unless the division receives  full  payment
of  all civil penalties due within twenty days of the date of the notice
of impending default judgment. If  full  payment  shall  not  have  been
received  by the division within thirty days of mailing of the notice of
impending default judgment, the division shall  proceed  to  enter  with
such  court a statement of the default judgment containing the amount of
the penalty or penalties remaining due and unpaid, along with  proof  of

S. 7935                             3

mailing  of the notice of impending default judgment. The filing of such
judgment shall have the full force and effect of a default judgment duly
docketed with such court pursuant to the civil practice  law  and  rules
and  shall  in  all  respects  be  governed  by  that chapter and may be
enforced in the same manner and with the same effect as that provided by
law in respect to execution issued against property upon judgments of  a
court  of  record. A judgment entered pursuant to this subdivision shall
remain in full force and effect  for  eight  years  notwithstanding  any
other provision of law.
  S  4.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 3 of chapter 355 of  the  laws  of  2013,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
five,     [fifty-five-a,]sixty-three,     sixty-four,     [sixty-four-a,
sixty-four-b,  sixty-four-c,]  seventy-six-f,  seventy-nine, AND eighty-
one, [and eighty-one-a] of this chapter, and the sum of thirty  thousand
dollars  as  against the holder of a license issued pursuant to sections
fifty-three, SIXTY-ONE-A, SIXTY-ONE-B,  seventy-six,  seventy-six-a  and
seventy-eight  of  this chapter, provided that the civil penalty against
the holder of a wholesale license issued pursuant to section fifty-three
of this chapter shall not exceed the sum of ten thousand  dollars  where
that  licensee  violates provisions of this chapter during the course of
the sale of beer at retail to a person for consumption at home, and  the
sum of one hundred thousand dollars as against the holder of any license
issued  pursuant  to sections fifty-one, sixty-one and sixty-two of this
chapter. Any civil penalty so imposed shall be in addition to and  sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant  to  section  one  hundred  twelve of this chapter. Provided that no
appeal is pending on the imposition of such civil penalty, in the  event
such  civil  penalty imposed by the division remains unpaid, in whole or
in part, more than forty-five days after written demand for payment  has
been sent by first class mail to the address of the licensed premises, a
notice  of  impending default judgment shall be sent by first class mail
to the licensed premises and by first class mail to the last known  home
address  of  the  person who signed the most recent license application.
The notice of impending default judgment shall advise the licensee:  (a)
that  a  civil  penalty  was  imposed  on the licensee; (b) the date the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of the civil penalty that remains unpaid as of the date of  the  notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in  which  the  licensed  premises  are located, or other court of civil
jurisdiction, or any other place provided for the entry of  civil  judg-
ments  within  the  state  of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full  payment  shall  not  have
been  received  by  the  division  within  thirty days of mailing of the
notice of impending default judgment,  the  division  shall  proceed  to

S. 7935                             4

enter with such court a statement of the default judgment containing the
amount  of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment  duly  docketed  with such court pursuant to the civil practice law
and rules and shall in all respects be governed by that chapter and  may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain  in  full  force  and  effect for eight years notwithstanding any
other provision of law.
  S 5. The section heading of  section  55  of  the  alcoholic  beverage
control law is amended to read as follows:
  [License  to  sell] RETAIL ON-PREMISES beer [at retail for consumption
on the premises] LICENSE.
  S 6. Subdivision 3 of section 55 of  the  alcoholic  beverage  control
law,  as  amended by chapter 531 of the laws of 1964, is amended to read
as follows:
  3. No such license shall be issued, however, to  any  person  for  any
premises  other  than  (A)  A premises for which a license may be issued
under section sixty-four [or sixty-four-a] of this chapter [or  a  hotel
or  premises which are kept, used, maintained, advertised or held out to
the public to be a place where food is prepared and served for  consump-
tion on the premises in such quantities as to satisfy the liquor author-
ity  that  the  sale of beer intended is incidental to and not the prime
source of revenue from the operation of  such  premises.  The  foregoing
provisions  of  this subdivision shall not apply to any premises located
at, in, or on the area leased by the  city  of  New  York  to  New  York
World's Fair 1964 Corporation pursuant to the provisions of chapter four
hundred  twenty-eight  of the laws of nineteen hundred sixty, as amended
by a chapter of the laws of nineteen hundred sixty-one, during the  term
or  duration  of such lease. Such license may also include such suitable
space outside of the licensed  premises  and  adjoining  it  as  may  be
approved by the liquor authority.]; OR
  (B)  A  BASEBALL PARK, RACE TRACK, OR OTHER ATHLETIC FIELD AND STADIUM
WHERE ADMISSION FEES ARE CHARGED, OTHER THAN A PARK,  FIELD  OR  STADIUM
OPERATED AND MAINTAINED BY AN EDUCATIONAL INSTITUTION.
  S  7.  Section  55 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
  4. (A) THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN AND EIGHT OF  SECTION
SIXTY-FOUR  OF THIS CHAPTER SHALL APPLY TO ANY LICENSE ISSUED UNDER THIS
SECTION.
  (B) A LICENSE UNDER THIS SECTION SHALL BE  ISSUED  TO  ALL  APPLICANTS
EXCEPT FOR GOOD CAUSE SHOWN.
  S  8.  The alcoholic beverage control law is amended by adding two new
sections 61-a and 61-b to read as follows:
  S 61-A. COMBINED CRAFT MANUFACTURING LICENSE.  1.  THE  AUTHORITY  MAY
ISSUE  A COMBINED CRAFT MANUFACTURER'S LICENSE TO A PERSON COMBINING THE
PRIVILEGES OF TWO OR MORE FARM OR MICRO MANUFACTURING LICENSES  FOR  USE
AT ONE PREMISES.
  2.  THE  LICENSE  FEE FOR THE COMBINED LICENSE SHALL EQUAL THE LICENSE
FEE FOR EACH OF THE LICENSES INCLUDED IN THE COMBINED LICENSE. PROVIDED,
HOWEVER, THAT ONLY ONE FILING FEE SHALL BE  REQUIRED  FOR  ANY  COMBINED
LICENSE.
  3. THE LICENSE CERTIFICATE OF THE COMBINED LICENSE SHALL SET FORTH THE
LICENSES THAT ARE INCLUDED UNDER THE COMBINED LICENSE.

S. 7935                             5

  4.  A  COMBINED FARM MANUFACTURER'S LICENSE MAY COMBINE TWO OR MORE OF
THE FOLLOWING LICENSES: FARM BREWERY; MICRO-BREWERY; FARM  CIDERY;  FARM
WINERY;   MICRO-DISTILLERY;   MICRO-RECTIFIER;   AND   FARM  DISTILLERY.
PROVIDED, HOWEVER, THAT  THE  LICENSED  PREMISES  FOR  A  COMBINED  FARM
MANUFACTURER'S  LICENSE  THAT  INCLUDES  A  FARM  WINERY LICENSE MUST BE
LOCATED ON A FARM.
  S 61-B. IMPORTER'S LICENSE.  AN IMPORTER'S LICENSE SHALL AUTHORIZE THE
HOLDER THEREOF TO IMPORT ALCOHOLIC BEVERAGES INTO THIS  STATE  AND  SELL
SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO SELL SUCH
ALCOHOLIC BEVERAGES.
  S  9.  Subdivision  4  of section 63 of the alcoholic beverage control
law, as amended by chapter 603 of the laws of 1992, is amended  to  read
as follows:
  4.  No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of lottery  tickets,  when  duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice  or  the  sale  of  publications, including prerecorded video and/or
audio cassette tapes, designed to help educate consumers in their  know-
ledge  and appreciation of wine and wine products, as defined in section
three of this chapter,  or  the  sale  of  non-carbonated,  non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
designed  for the consumption of wine, racks designed for the storage of
wine, and devices designed to minimize  oxidation  in  bottles  of  wine
which have been uncorked, OR THE SALE OF GIFT BAGS, GIFT BOXES, OR WRAP-
PING,  FOR  ALCOHOLIC BEVERAGES PURCHASED AT THE LICENSED PREMISES shall
not constitute engaging in another business within the meaning  of  this
subdivision.
  S 10. Section 64 of the alcoholic beverage control law is REPEALED and
a new section 64 is added to read as follows:
  S  64.  RETAIL  ON-PREMISES  LIQUOR LICENSE. 1. ANY PERSON MAY MAKE AN
APPLICATION TO THE AUTHORITY FOR A LICENSE TO SELL LIQUOR AT  RETAIL  TO
BE  CONSUMED  ON  THE  PREMISES  WHERE  SOLD, AND SUCH LICENSES SHALL BE
ISSUED TO ALL APPLICANTS EXCEPT FOR GOOD CAUSE SHOWN.
  2. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
INFORMATION  AS  SHALL  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT  REQUIRED  BY
THIS ARTICLE FOR SUCH LICENSE.
  3.  SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL, SO FAR AS APPLI-
CABLE, THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
  4. SUCH LICENSE SHALL IN FORM AND IN SUBSTANCE BE  A  LICENSE  TO  THE
PERSON  SPECIFICALLY  LICENSED TO SELL LIQUORS AT RETAIL, TO BE CONSUMED
UPON THE PREMISES.   SUCH LICENSE SHALL ALSO  BE  DEEMED  TO  INCLUDE  A
LICENSE  TO  SELL  WINE AND BEER AT RETAIL TO BE CONSUMED UNDER THE SAME
TERMS AND CONDITIONS, WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE.
  5. (A) NO LICENSE UNDER THIS SECTION SHALL BE GRANTED EXCEPT FOR:
  (I) SUCH PREMISES AS ARE BEING OPERATED AS A BONA FIDE HOTEL  PROVIDED
THAT A RESTAURANT IS OPERATED IN SUCH PREMISES; A RESTAURANT; A CATERING
ESTABLISHMENT; A CLUB; A RAILROAD CAR; A VESSEL; AN AIRCRAFT BEING OPER-
ATED  ON  REGULARLY  SCHEDULED  FLIGHTS  BY A UNITED STATES CERTIFICATED
AIRLINE;  A  RESTAURANT-BREWERY;  OR  AN  ESTABLISHMENT  DESIGNATED  AND
COMMONLY  KNOWN  AND  OPERATED  AS  A  "BED AND BREAKFAST" REGARDLESS OF
WHETHER OR NOT A RESTAURANT IS OPERATED IN SUCH ESTABLISHMENT,  PROVIDED
THAT  SUCH  LICENSE SHALL ONLY PERMIT THE SALE OF ALCOHOLIC BEVERAGES TO
OVERNIGHT GUESTS OF SUCH ESTABLISHMENT;
  (II) A PREMISES IN WHICH THE PRINCIPAL BUSINESS SHALL BE THE  SALE  OF
FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES OR THE OPER-

S. 7935                             6

ATION  OF  A LEGITIMATE THEATER OR SUCH OTHER LAWFUL ADULT ENTERTAINMENT
OR RECREATIONAL FACILITY AS THE LIQUOR AUTHORITY, GIVING DUE  REGARD  TO
THE  CONVENIENCE OF THE PUBLIC AND THE STRICT AVOIDANCE OF SALES PROHIB-
ITED BY THIS CHAPTER, SHALL BY REGULATION CLASSIFY FOR ELIGIBILITY;
  (III) A BOTTLE CLUB, BEING A PREMISES OPERATED FOR PROFIT OR PECUNIARY
GAIN,  WITH  A  CAPACITY FOR THE ASSEMBLAGE OF TWENTY OR MORE PERSONS TO
PERMIT A PERSON OR PERSONS TO COME TO THE  PLACE  OF  ASSEMBLY  FOR  THE
PURPOSE  OF  CONSUMING ALCOHOLIC BEVERAGES ON SAID PREMISES, WHICH ALCO-
HOLIC BEVERAGES ARE EITHER PROVIDED BY THE  OPERATOR  OF  THE  PLACE  OF
ASSEMBLY,  HIS  AGENTS,  SERVANTS OR EMPLOYEES, OR ARE BROUGHT ONTO SAID
PREMISES BY THE PERSON OR PERSONS ASSEMBLING AT SUCH PLACE; OR
  (IV) A CABARET, BEING A PREMISES IN WHICH THE PRINCIPAL BUSINESS SHALL
BE THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE  PREM-
ISES,  OTHER  THAN  A  RESTAURANT, CATERING ESTABLISHMENT OR HOTEL: UPON
WHOSE PREMISES MUSICAL ENTERTAINMENT, SINGING, DANCING OR OTHER FORMS OF
ENTERTAINMENT IS PERMITTED; WITH A CAPACITY FOR THE  ASSEMBLAGE  OF  SIX
HUNDRED OR MORE PERSONS.
  (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE
THE  ISSUANCE  OF  A  LICENSE  TO A MOTION PICTURE THEATRE, EXCEPT THOSE
MEETING THE DEFINITION OF RESTAURANT AND MEALS, AND WHERE ALL SEATING IS
AT TABLES WHERE MEALS ARE SERVED.
  (C) NOTHING CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  AS
AFFECTING  THE  DEFINITION  OF  PLACE OF ASSEMBLY IN THIS CHAPTER OR ANY
OTHER LAW; NOR SHALL PROHIBIT OR RESTRICT THE LEASING  OR  USE  OF  SUCH
PLACE  OF  ASSEMBLAGE  AS DEFINED IN THIS SECTION BY ANY ORGANIZATION OR
CLUB ENUMERATED IN SUBDIVISION SEVEN OF THIS SECTION.
  (D) A LICENSE UNDER THIS SECTION SHALL NOT BE REQUIRED  FOR  A  BOTTLE
CLUB  OPERATED  BY  ANY  NON-PROFIT  RELIGIOUS, CHARITABLE, OR FRATERNAL
ORGANIZATION NOR TO A CLUB AS DEFINED IN  SUBDIVISION  NINE  OF  SECTION
THREE  OF  THIS CHAPTER, NOR TO A DULY RECOGNIZED POLITICAL CLUB, EXCEPT
THAT IT SHALL BE UNLAWFUL FOR ANY OF THE ABOVE TO PERMIT CONSUMPTION  OF
ALCOHOLIC  BEVERAGES  DURING  THE  HOURS  PROHIBITED  BY  OR PURSUANT TO
SECTION ONE HUNDRED SIX OF THIS CHAPTER.
  6. EVERY PREMISES LICENSED UNDER CLAUSE (II) AND (IV) OF PARAGRAPH (A)
OF SUBDIVISION FIVE OF THIS SECTION SHALL REGULARLY KEEP FOOD  AVAILABLE
FOR SALE TO ITS CUSTOMERS FOR CONSUMPTION ON THE PREMISES.
  (A)  THE  AVAILABILITY  OF  SANDWICHES,  SOUPS OR OTHER FOODS, WHETHER
FRESH, PROCESSED, PRE-COOKED OR FROZEN, SHALL BE DEEMED COMPLIANCE  WITH
THIS SUBDIVISION.
  (B) THE LICENSED PREMISES SHALL COMPLY AT ALL TIMES WITH ALL THE REGU-
LATIONS OF THE LOCAL DEPARTMENT OF HEALTH.
  (C) NOTHING CONTAINED IN THIS SUBDIVISION, HOWEVER, SHALL BE CONSTRUED
TO REQUIRE THAT ANY FOOD BE SOLD OR PURCHASED WITH ANY LIQUOR, NOR SHALL
ANY  RULE,  REGULATION  OR STANDARD BE PROMULGATED OR ENFORCED REQUIRING
THAT THE SALE OF FOOD BE SUBSTANTIAL OR THAT THE RECEIPTS OF  THE  BUSI-
NESS  OTHER  THAN  FROM  THE  SALE OF LIQUOR EQUAL ANY SET PERCENTAGE OF
TOTAL RECEIPTS FROM SALES MADE THEREIN.
  7. (A) NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE  GRANTED
FOR  ANY  PREMISES,  UNLESS THE APPLICANT SHALL BE THE OWNER THEREOF, OR
SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE, MANAGEMENT AGREE-
MENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE  FOOD  AND
BEVERAGE  AT  THE  PREMISES,  IN  WRITING,  FOR A TERM NOT LESS THAN THE
LICENSE PERIOD EXCEPT, HOWEVER, THAT  SUCH  LICENSE  MAY  THEREAFTER  BE
RENEWED  WITHOUT  THE  REQUIREMENT  OF  A LEASE, MANAGEMENT AGREEMENT OR
OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE FOOD AND  BEVERAGE
AT THE PREMISES, AS HEREIN PROVIDED.

S. 7935                             7

  (B)  THIS  SUBDIVISION SHALL NOT APPLY TO PREMISES LEASED FROM GOVERN-
MENT AGENCIES, AS DEFINED UNDER SUBDIVISION TWELVE-C OF SECTION THREE OF
THIS CHAPTER; PROVIDED, HOWEVER, THAT THE APPROPRIATE  ADMINISTRATOR  OF
SUCH  GOVERNMENT  AGENCY  PROVIDES  SOME  FORM  OF WRITTEN DOCUMENTATION
REGARDING  THE  TERMS  OF OCCUPANCY UNDER WHICH THE APPLICANT IS LEASING
SAID PREMISES FROM THE GOVERNMENT AGENCY FOR PRESENTATION TO  THE  STATE
LIQUOR AUTHORITY AT THE TIME OF THE LICENSE APPLICATION.
  (C)  SUCH  DOCUMENTATION  SHALL INCLUDE THE TERMS OF OCCUPANCY BETWEEN
THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT NOT LIMITED  TO,
ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY AGREEMENTS.
  8.  A  LICENSE ISSUED FOR A CATERING ESTABLISHMENT SHALL AUTHORIZE THE
HOLDER THEREOF TO SELL ALCOHOLIC BEVERAGES AT RETAIL  ONLY  DURING  SUCH
PERIOD  OF  TIME AS A FUNCTION, OCCASION OR EVENT IS IN PROGRESS THEREIN
AND THEN ONLY TO PERSONS INVITED TO AND ATTENDING SUCH  FUNCTION,  OCCA-
SION OR EVENT AND ONLY FOR CONSUMPTION ON THE PREMISES WHERE SOLD.
  9. WHERE A LICENSE UNDER THIS SECTION SHALL BE GRANTED TO THE OWNER OF
A  HOTEL  SITUATED  IN A TOWN OR VILLAGE THE LIQUOR AUTHORITY MAY IN ITS
DISCRETION GRANT TO SUCH LICENSEE THE RIGHT TO SELL LIQUOR AND WINE  FOR
OFF-PREMISES CONSUMPTION UNDER THE SAME TERMS AND CONDITIONS AS APPLY TO
OFF-PREMISES  LIQUOR  LICENSES  UPON THE PAYMENT OF AN ADDITIONAL FEE OF
SIXTY-TWO DOLLARS AND FIFTY CENTS; PROVIDED, HOWEVER, THAT THIS  PERMIS-
SION  SHALL  NOT  BE  GRANTED IF AN OFF-PREMISES LIQUOR LICENSE HAS BEEN
GRANTED FOR PREMISES LOCATED WITHIN EIGHT MILES OF SUCH HOTEL.
  10. (A) NO RETAIL LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE GRANTED
FOR ANY PREMISES WHICH SHALL BE ON THE SAME STREET OR AVENUE AND  WITHIN
TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY, IN ITS DISCRETION, MAY ISSUE A LICENSE  UNDER  THIS
SECTION  FOR  A  PREMISES  WHICH  SHALL  BE WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE OF WORSHIP.
  (I)  IN  ADDITION  TO THE NOTICE TO THE MUNICIPALITY REQUIRED BY PARA-
GRAPH (A) OF SUBDIVISION ONE OF SECTION ONE HUNDRED TEN-B OF THIS  CHAP-
TER,  AN  APPLICANT  SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL
NOTIFY, IN THE SAME MANNER AS SET FORTH IN SECTION ONE HUNDRED TEN-B  OF
THIS  CHAPTER,  ANY  SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
THAT IS ON THE SAME STREET AND WITHIN TWO HUNDRED FEET OF  THE  PROPOSED
LICENSED PREMISES.
  (II) THE MUNICIPALITY AND THE SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
OF WORSHIP SO NOTIFIED MAY EXPRESS AN OPINION FOR OR AGAINST THE AUTHOR-
ITY'S  EXERCISE  OF  DISCRETION  GRANTED PURSUANT TO THIS PARAGRAPH. ANY
SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON  WHICH  THE  LIQUOR
AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY THE APPLICATION.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION:
  (I) NO RENEWAL LICENSE SHALL BE DENIED BECAUSE OF SUCH RESTRICTION  TO
ANY  PREMISES  SO  LOCATED  WHICH  WERE MAINTAINED AS A BONA FIDE HOTEL,
RESTAURANT, CATERING ESTABLISHMENT OR  CLUB  ON  OR  PRIOR  TO  DECEMBER
FIFTH, NINETEEN HUNDRED THIRTY-THREE;
  (II)  NO  LICENSE  SHALL  BE DENIED TO ANY PREMISES AT WHICH A LICENSE
UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A DATE  PRIOR
TO  THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE AND WITHIN TWO
HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND

S. 7935                             8

  (III) THIS SUBDIVISION SHALL NOT BE DEEMED TO RESTRICT THE ISSUANCE OF
A HOTEL LIQUOR LICENSE TO A BUILDING USED AS A  HOTEL  AND  IN  WHICH  A
RESTAURANT LIQUOR LICENSE CURRENTLY EXISTS FOR PREMISES WHICH SERVE AS A
DINING  ROOM FOR GUESTS OF THE HOTEL AND A CATERER'S LICENSE TO A PERSON
USING  THE PERMANENT CATERING FACILITIES OF A CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP PURSUANT TO A WRITTEN AGREEMENT BETWEEN SUCH PERSON AND
THE AUTHORITIES IN CHARGE OF SUCH FACILITIES.
  (D) THE LIQUOR AUTHORITY, IN ITS DISCRETION, MAY AUTHORIZE THE REMOVAL
OF ANY LICENSED PREMISES TO A DIFFERENT LOCATION ON THE SAME  STREET  OR
AVENUE,  WITHIN  TWO  HUNDRED  FEET OF SAID SCHOOL, CHURCH, SYNAGOGUE OR
OTHER PLACE OF WORSHIP, PROVIDED THAT SUCH NEW LOCATION IS NOT WITHIN  A
CLOSER  DISTANCE  TO  SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP.
  (E) WITHIN THE CONTEXT OF THIS SUBDIVISION, A BUILDING OCCUPIED  AS  A
PLACE  OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE
OF WORSHIP BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO  DETRACT  FROM
THE  PREDOMINANT  CHARACTER  OF THE BUILDING AS A PLACE OF WORSHIP, SUCH
USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF CHANCE HELD AS  A  MEANS  OF
RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR  FOR  OTHER  NOT-FOR-PROFIT
ORGANIZATIONS  OR  GROUPS; USE OF THE BUILDING FOR FUND-RAISING PERFORM-
ANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION  WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
SOCIAL  ACTIVITIES  BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE USE OF
THE BUILDING FOR MEETINGS HELD  BY  ORGANIZATIONS  OR  GROUPS  PROVIDING
BEREAVEMENT  COUNSELING  TO  PERSONS HAVING SUFFERED THE LOSS OF A LOVED
ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR  DISEASES  INCLUD-
ING,  BUT  NOT  LIMITED TO, ALCOHOLISM, DRUG ADDICTION, CANCER, CEREBRAL
PALSY, PARKINSON'S DISEASE, OR  ALZHEIMER'S  DISEASE;  THE  USE  OF  THE
BUILDING  FOR  BLOOD DRIVES, HEALTH SCREENINGS, HEALTH INFORMATION MEET-
INGS, YOGA CLASSES, EXERCISE CLASSES OR  OTHER  ACTIVITIES  INTENDED  TO
PROMOTE  THE  HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE
BUILDING BY NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR  PRIVATE  SOCIAL
FUNCTIONS. THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE TO
BE "EXCLUSIVELY" OCCUPIED AS A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT
RELIGIOUS  ORGANIZATION  OCCUPYING  THE  PLACE  OF  WORSHIP  ACCEPTS THE
PAYMENT OF FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE  OF  THE
BUILDING.
  (F)  NOTWITHSTANDING  THE  PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
THE AUTHORITY MAY ISSUE A  LICENSE  TO  SELL  LIQUOR  AT  RETAIL  TO  BE
CONSUMED  ON-PREMISES  TO  A CLUB AS SUCH TERM IS DEFINED IN SUBDIVISION
NINE OF SECTION THREE OF THIS CHAPTER WHETHER OR  NOT  THE  BUILDING  IN
WHICH THE PREMISES FOR WHICH SUCH LICENSE IS TO BE ISSUED IS USED EXCLU-
SIVELY  FOR CLUB PURPOSES AND WHETHER OR NOT SUCH PREMISES IS WITHIN TWO
HUNDRED FEET OF A BUILDING USED EXCLUSIVELY AS A SCHOOL,  CHURCH,  SYNA-
GOGUE  OR PLACE OF WORSHIP IF SUCH CLUB IS AFFILIATED OR ASSOCIATED WITH
SUCH SCHOOL, CHURCH, SYNAGOGUE OR PLACE OF  WORSHIP  AND  THE  GOVERNING
BODY  OF  SUCH  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP HAS
FILED WRITTEN NOTICE WITH THE AUTHORITY THAT IT HAS NO OBJECTION TO  THE
ISSUANCE OF SUCH LICENSE.
  (G) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A LICENSE FOR A
PREMISES  IN  WHICH  THE  PRINCIPAL BUSINESS SHALL BE THE OPERATION OF A
LEGITIMATE  THEATER  BY  A  CORPORATION  ORGANIZED   PURSUANT   TO   THE

S. 7935                             9

NOT-FOR-PROFIT  CORPORATION LAW MAY BE GRANTED NOTWITHSTANDING THE PROX-
IMITY OF SUCH PREMISES TO ANY SCHOOL, PROVIDED THAT THE AVAILABILITY  OF
ALCOHOLIC  BEVERAGES ON SUCH PREMISES SHALL NOT BE ADVERTISED IN ANY WAY
AT SUCH PREMISES IN ANY MANNER VISIBLE FROM SUCH STREET OR AVENUE.
  11.  (A)  NO LICENSE UNDER THIS SECTION SHALL BE GRANTED FOR ANY PREM-
ISES WHICH SHALL BE IN A CITY, TOWN OR VILLAGE HAVING  A  POPULATION  OF
TWENTY THOUSAND OR MORE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXIST-
ING  PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION. PROVIDED,
HOWEVER, THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES, WHICH IS WITH-
IN FIVE HUNDRED FEET OF THREE OR MORE  EXISTING  PREMISES  LICENSED  AND
OPERATING PURSUANT TO THIS SECTION AT WHICH A LICENSE UNDER THIS CHAPTER
HAS  BEEN IN EXISTENCE CONTINUOUSLY ON OR PRIOR TO NOVEMBER FIRST, NINE-
TEEN HUNDRED NINETY-THREE.
  (B)(I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDI-
VISION, THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO THIS SECTION FOR A
PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXIST-
ING  PREMISES  LICENSED AND OPERATING PURSUANT TO THIS SECTION IF, AFTER
CONSULTATION WITH THE MUNICIPALITY OR  COMMUNITY  BOARD,  IT  DETERMINES
THAT GRANTING SUCH LICENSE WOULD BE IN THE PUBLIC INTEREST.
  (II) BEFORE IT MAY ISSUE ANY SUCH LICENSE, THE AUTHORITY SHALL CONDUCT
A HEARING, UPON NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNI-
TY  BOARD,  AND SHALL STATE AND FILE IN ITS OFFICE ITS REASONS THEREFOR.
NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL MEAN WRITTEN  NOTICE
MAILED BY THE AUTHORITY TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST
FIFTEEN  DAYS IN ADVANCE OF ANY HEARING SCHEDULED PURSUANT TO THIS PARA-
GRAPH. UPON THE REQUEST OF THE AUTHORITY, ANY MUNICIPALITY OR  COMMUNITY
BOARD  MAY  WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT. THE HEARING MAY BE
RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE
TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH
RESCHEDULED, ADJOURNED OR CONTINUED HEARING.
  (III)  BEFORE  THE AUTHORITY ISSUES ANY SAID LICENSE, THE AUTHORITY OR
ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION TO THE HEARING
REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING REGARDING SAID
LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR  COMMUNITY
BOARD.  THE  PUBLIC  MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED,
AND THE AUTHORITY SHALL GIVE NOTICE TO THE  APPLICANT  AND  THE  MUNICI-
PALITY  OR COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTIN-
UED PUBLIC MEETING.
  (IV) NO PREMISES HAVING  BEEN  GRANTED  A  LICENSE  PURSUANT  TO  THIS
SECTION  SHALL BE DENIED A RENEWAL OF SUCH LICENSE UPON THE GROUNDS THAT
SUCH PREMISES ARE WITHIN FIVE HUNDRED FEET OF A  BUILDING  OR  BUILDINGS
WHEREIN  THREE  OR  MORE PREMISES ARE LICENSED AND OPERATING PURSUANT TO
THIS SECTION.
  (C) FOR PURPOSES OF THIS SUBDIVISION, THE AUTHORITY MAY  CONSIDER  ANY
OR  ALL OF THE FOLLOWING IN DETERMINING WHETHER THE PUBLIC INTEREST WILL
BE PROMOTED BY THE GRANTING OF A LICENSE AT A PARTICULAR LOCATION:
  (I) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (II)  EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS HAVE BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (III) THE EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC  AND
PARKING IN PROXIMITY TO THE LOCATION;
  (IV)  THE  EXISTING  NOISE  LEVEL  AT THE LOCATION AND ANY INCREASE IN
NOISE LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (V) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES; AND

S. 7935                            10

  (VI) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT  ARE  RELE-
VANT TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTER-
EST OF THE COMMUNITY.
  12. FOR PURPOSES OF SUBDIVISIONS TEN AND ELEVEN OF THIS SECTION:
  (A) THE MEASUREMENTS ARE TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER
OF  THE  NEAREST  ENTRANCE  OF THE PREMISES SOUGHT TO BE LICENSED TO THE
CENTER OF THE NEAREST ENTRANCE OF  SUCH  SCHOOL,  CHURCH,  SYNAGOGUE  OR
OTHER  PLACE OF WORSHIP OR TO THE CENTER OF THE NEAREST ENTRANCE OF EACH
SUCH PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION; AND
  (B) THE WORD "ENTRANCE" SHALL MEAN A DOOR OF A SCHOOL, OF A  HOUSE  OF
WORSHIP,  OR OF PREMISES LICENSED AND OPERATING PURSUANT TO THIS SECTION
OR OF THE PREMISES SOUGHT TO BE LICENSED UNDER THIS  SECTION,  REGULARLY
USED  TO  GIVE  INGRESS TO STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC
ATTENDING THE PLACE OF WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES
LICENSED AND OPERATING PURSUANT TO  THIS  SECTION  OR  OF  THE  PREMISES
SOUGHT TO BE LICENSED UNDER THIS SECTION, EXCEPT THAT: WHERE A SCHOOL OR
HOUSE  OF  WORSHIP,  OR PREMISES LICENSED AND OPERATING PURSUANT TO THIS
SECTION, OR THE PREMISES SOUGHT TO BE LICENSED UNDER THIS SECTION IS SET
BACK FROM A PUBLIC THOROUGHFARE; THE WALKWAY OR STAIRS  LEADING  TO  ANY
SUCH  DOOR  SHALL  BE  DEEMED  AN ENTRANCE; AND THE MEASUREMENT SHALL BE
TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT THE POINT WHERE IT MEETS
THE BUILDING LINE OR PUBLIC THOROUGHFARE. A DOOR WHICH HAS  NO  EXTERIOR
HARDWARE,  OR  WHICH IS USED SOLELY AS AN EMERGENCY OR FIRE EXIT, OR FOR
MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY TO A PART  OF  A  BUILDING
NOT  REGULARLY  USED  BY THE GENERAL PUBLIC OR PATRONS, IS NOT DEEMED AN
"ENTRANCE".
  13. THE HOLDER OF A LICENSE UNDER THIS SECTION ISSUED  FOR  A  RESTAU-
RANT-BREWERY  LICENSE  SHALL  OPERATE A RESTAURANT ON THE PREMISES. SUCH
LICENSE SHALL ALSO BE DEEMED TO INCLUDE A LICENSE TO SELL BEER BREWED ON
THE PREMISES TO ANOTHER RETAIL LICENSEE, WHERE  SUCH  OTHER  LICENSE  IS
HELD  BY  THE  SAME  PERSON HOLDING THE RESTAURANT-BREWER LICENSE, OR TO
COMMONLY OWNED AFFILIATE LICENSES,  PROVIDED  THAT  SUCH  BEER  IS  SOLD
THROUGH A NEW YORK STATE LICENSED BEER WHOLESALER.
  (A) A LICENSE FOR A RESTAURANT-BREWERY MAY ONLY BE GRANTED TO A PERSON
WHO REGULARLY AND IN A BONA FIDE MANNER BREWS BEER ON THE PREMISES.
  (B)  NOT  MORE  THAN  FIVE  LICENSES FOR A RESTAURANT-BREWERY SHALL BE
GRANTED TO ANY PERSON UNDER THIS SECTION.
  (C) A PERSON HOLDING ONE OR MORE LICENSES FOR A RESTAURANT-BREWERY MAY
BREW, IN THE AGGREGATE, NO MORE THAN TWENTY THOUSAND BARRELS OF BEER PER
YEAR.
  (D) FOR PURPOSES OF SECTIONS ONE HUNDRED ONE AND ONE  HUNDRED  SIX  OF
THIS  CHAPTER, A PERSON HOLDING A LICENSE FOR A RESTAURANT-BREWERY SHALL
BE DEEMED A "RETAILER" AS THAT TERM IS DEFINED WITHIN SECTION  THREE  OF
THIS  CHAPTER.    NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER TO THE
CONTRARY, A PERSON LICENSED UNDER THIS SECTION MAY ALSO BE LICENSED  (OR
INTERESTED DIRECTLY OR INDIRECTLY IN A LICENSE) TO SELL LIQUOR AT RETAIL
TO  BE  CONSUMED  ON  OR  OFF THE PREMISES UNDER THIS SECTION OR SECTION
FIFTY-FOUR, FIFTY-FOUR-A, FIFTY-FIVE, SEVENTY-NINE OR EIGHTY-ONE OF THIS
CHAPTER.
  (E) NO MANUFACTURER OR WHOLESALER OF ALCOHOLIC BEVERAGES MAY BE GRANT-
ED A LICENSE TO OPERATE A RESTAURANT-BREWER PURSUANT  TO  THIS  SECTION.
ANY PERSON WHO HAS AN INTEREST IN PREMISES ELIGIBLE FOR CONVERSION UNDER
SUBDIVISION  NINE  OF THIS SECTION SHALL NOT BE ISSUED ANY LICENSE UNDER
THIS SECTION UNLESS AND UNTIL A CONVERSION APPLICATION  HAS  BEEN  FILED
WITH AND APPROVED BY THE AUTHORITY.

S. 7935                            11

  (F) (I) THE LIQUOR AUTHORITY MAY IN ITS DISCRETION AND UPON SUCH TERMS
AND CONDITIONS AS IT MAY PRESCRIBE, ISSUE TO A LICENSED RESTAURANT-BREW-
ER  UPON HIS APPLICATION THEREFOR A SUPPLEMENTAL LICENSE AUTHORIZING THE
RESTAURANT-BREWER TO SELL BEER BREWED ON THE LICENSED PREMISES AT RETAIL
IN BULK BY THE KEG, CASK OR BARREL FOR CONSUMPTION AND NOT FOR RESALE AT
A  CLAMBAKE, BARBECUE, PICNIC, OUTING OR OTHER SIMILAR OUTDOOR GATHERING
AT WHICH MORE THAN FIFTY PERSONS ARE ASSEMBLED AND AT WHOLESALE.
  (II) SUCH ADDITIONAL LICENSE SHALL  PERMIT  THE  SALE  OF  UP  TO  TWO
HUNDRED  FIFTY  BARRELS  OF BEER PER YEAR. NO PERSON, WHO HOLDS LICENSES
FOR MULTIPLE RESTAURANT-BREWERIES AND APPLIES FOR AND RECEIVES  MULTIPLE
SUPPLEMENTAL  LICENSES,  MAY SELL, UNDER THOSE SUPPLEMENTAL LICENSES, IN
THE AGGREGATE MORE THAN ONE THOUSAND BARRELS OF BEER PER YEAR.
  (III) FOR THE EXERCISE OF THE PRIVILEGE GRANTED BY  SUCH  SUPPLEMENTAL
LICENSE  ISSUED  UNDER  SUBDIVISION  TWELVE  OF  THIS  SECTION  THERE IS
ASSESSED A FEE TO BE PAID BY THE LICENSEE IN THE SUM OF  ELEVEN  HUNDRED
TWENTY-FIVE  DOLLARS  PER  THREE-YEAR  PERIOD  PLUS A ONE HUNDRED DOLLAR
FILING FEE AND WHICH FEE SHALL BE IN ADDITION TO THE FEE PROVIDED FOR IN
THIS SECTION FOR A RESTAURANT-BREWER LICENSE.
  (IV) A RESTAURANT-BREWERY LICENSE ISSUED  UNDER  THIS  SECTION  AND  A
SUPPLEMENTAL LICENSE ISSUED UNDER THIS PARAGRAPH SHALL RUN CONCURRENTLY.
  (G)  (I)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE SMALL SAMPLES OF
BEER OR MALT BEVERAGES HE OR SHE PRODUCES AT THEIR  LICENSED  ESTABLISH-
MENTS.
  (II)  EACH  SERVING AT SUCH TASTING SHALL BE SERVED ONLY BY THE BREWER
OR HIS OR HER EMPLOYEE AND SHALL BE LIMITED TO THREE OUNCES OR LESS OF A
BRAND OF BEER OR MALT BEVERAGE PRODUCED BY THE BREWER AND NO CONSUMER OF
LEGAL AGE SHALL BE PROVIDED OR GIVEN MORE  THAN  TWO  SERVINGS  OF  SUCH
BRANDS OFFERED FOR TASTING.
  (III)  THE  AUTHORITY  IS  AUTHORIZED  AND DIRECTED TO PROMULGATE SUCH
RULES AND REGULATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT
THE PROVISIONS OF THIS SUBDIVISION TO PROTECT  THE  HEALTH,  SAFETY  AND
WELFARE OF THE PEOPLE OF THIS STATE.
  14. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION,
THE  AUTHORITY  MAY  ISSUE  A RETAIL LICENSE FOR ON-PREMISES CONSUMPTION
FOR:
  (A) A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET  OF  A  BUILDING
OCCUPIED  EXCLUSIVELY  AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP,
PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE  OF  FOOD  OR
BEVERAGES  AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVERNIGHT
LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH  OF
MANHATTAN  IN  THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE  SOUTHERLY  SIDE  OF  49TH  STREET,
DISTANT  160 FEET EASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF
THE SOUTHERLY SIDE OF 49TH STREET WITH THE EASTERLY SIDE OF 8TH  AVENUE;
RUNNING  THENCE  SOUTHERLY,  PARALLEL  WITH  8TH  AVENUE AND PART OF THE
DISTANCE THROUGH A PARTY WALL, 100 FEET 5 INCHES TO THE CENTER  LINE  OF
THE  BLOCK  BETWEEN  48TH  AND  49TH  STREETS; THENCE EASTERLY ALONG THE
CENTER LINE OF THE BLOCK, 40 FEET; THENCE NORTHERLY, PARALLEL  WITH  8TH
AVENUE  AND PART OF THE DISTANCE THROUGH A PARTY WALL, 100 FEET 5 INCHES
TO THE SOUTHERLY SIDE OF 49TH STREET; THENCE WESTERLY ALONG THE SOUTHER-
LY SIDE OF 49TH STREET, 40 FEET TO THE  POINT  OR  PLACE  OF  BEGINNING.
PREMISES KNOWN AS 240 AND 242 WEST 49TH STREET, NEW YORK CITY. BEING THE
SAME  PREMISES  DESCRIBED  IN  DEED  MADE BY HOTEL MAYFAIR INC. TO HARRY
ETKIN AND FREDA RUBIN, DATED 1/23/50 AND RECORDED 1/27/50 IN LIBER  4657
CP. 250.

S. 7935                            12

  (B)  A  PREMISES  WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE  OF  WORSHIP,
PROVIDED  SUCH  PREMISES  CONSTITUTES 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 ULSTER, BOUNDED AND DESCRIBED AS
FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILD-
INGS AND IMPROVEMENTS ERECTED THEREON, SITUATED IN THE VILLAGE OF ELLEN-
VILLE, TOWN OF WAWARSING, COUNTY OF ULSTER AND STATE OF NEW YORK,  BEING
FURTHER  BOUNDED  AND DESCRIBED AS FOLLOWS: BEGINNING AT A THREE-QUARTER
INCH DIAMETER IRON ROD  FOUND  ON  THE  SOUTHWESTERLY  BOUNDS  OF  CANAL
STREET,  MARKING THE NORTHEASTERLY CORNER OF THE LANDS, NOW OR FORMERLY,
JOHN GEORGES, AS DESCRIBED IN LIBER 2645 OF DEEDS AT  PAGE  278.  THENCE
ALONG  THE  SOUTHEASTERLY  BOUNDS  OF THE LANDS OF JOHN GEORGES, PASSING
1.42 FEET NORTHWESTERLY FROM THE SOUTHWESTERLY CORNER  OF  THE  BUILDING
SITUATED  ON  THE  PREMISES DESCRIBED HEREIN, SOUTH THIRTY-NINE DEGREES,
FORTY-ONE MINUTES, FIFTY-TWO SECONDS WEST, ONE HUNDRED  FIFTY  AND  ZERO
HUNDREDTHS  FEET  (S 39-41-52 W, 150.00') TO THE NORTHEASTERLY BOUNDS OF
THE LANDS, NOW OR FORMERLY, THOMAS POWERS, AS DESCRIBED IN LIBER 1521 OF
DEEDS AT PAGE 749. THENCE ALONG THE NORTHEASTERLY BOUNDS OF THE LANDS OF
THOMAS POWERS, SOUTH FIFTY DEGREES, THIRTY-NINE MINUTES, SIXTEEN SECONDS
EAST, TWENTY-EIGHT AND ZERO HUNDREDTHS  FEET  (S  50-39-16  E,  28.00').
THENCE  PASSING 1.92 FEET SOUTHEASTERLY FROM THE SOUTHEASTERLY CORNER OF
THE  BUILDING  SITUATED  ON  THE  PREMISES   DESCRIBED   HEREIN.   NORTH
THIRTY-NINE  DEGREES,  FORTY-ONE  MINUTES,  FIFTY-TWO  SECONDS EAST, ONE
HUNDRED FIFTY AND ZERO HUNDREDTHS FEET (N 39-41-52 E,  150.00')  TO  THE
SOUTHWESTERLY  BOUNDS  OF  CANAL  STREET. THENCE ALONG THE SOUTHWESTERLY
BOUNDS OF  CANAL  STREET,  NORTH  FIFTY  DEGREES,  THIRTY-NINE  MINUTES,
SIXTEEN  SECONDS WEST, TWENTY-EIGHT AND ZERO HUNDREDTHS FEET (N 50-39-16
W, 28.00') TO THE POINT OF BEGINNING. CONTAINING 4,199.92 SQUARE FEET OF
LAND OR 0.0996 OF AN ACRE OF LAND. BEING THE SAME PREMISES  AS  CONVEYED
BY  DEED  DATED SEPTEMBER 2, 1999 FROM CHRIS M. CAMIO AS EXECUTOR OF THE
LAST WILL AND TESTAMENT OF ALICE MANZO TO  BILL  LELBACH,  JOHN  ECKERT,
JEFFREY  SCHNEIDER, JACK HARRIS AND ALFRED S. DANNHAUSER AND RECORDED IN
THE ULSTER COUNTY CLERK'S OFFICE ON SEPTEMBER 15, 1999 IN LIBER 2966  AT
PAGE  291. THE UNDIVIDED INTERESTS OF JOHN HARRIS AND ALFRED S. DANNHAU-
SER HAVING BEEN CONVEYED TO BILL LELBACH BY DEED DATED AUGUST  21,  2001
AND RECORDED IN THE ULSTER COUNTY CLERK'S OFFICE IN LIBER 3213 P 65.
  (C)  A  PREMISES  WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED EXCLUSIVELY AS A SCHOOL, PROVIDED SUCH PREMISES  CONSTITUTES  A
PREMISES  FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON
THE PREMISES AND/OR AN OVERNIGHT LODGING FACILITY LOCATED WHOLLY  WITHIN
THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW
YORK,  BOUNDED  AND  DESCRIBED  AS  FOLLOWS: BEGINNING AT A POINT ON THE
SOUTHERLY SIDE OF 46TH STREET, DISTANT THREE HUNDRED  FIFTY  (350)  FEET
WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE
OF  SIXTH  AVENUE  WITH THE SAID SOUTHERLY SIDE OF 46TH STREET.  RUNNING
THENCE SOUTHERLY PARALLEL WITH THE SAID WESTERLY SIDE  OF  SIXTH  AVENUE
AND  FOR  PART  OF  THE DISTANCE THROUGH A PARTY WALL, ONE HUNDRED (100)
FEET FOUR (4) INCHES; THENCE WESTERLY PARALLEL WITH THE  SOUTHERLY  SIDE
OF  46TH  STREET, EIGHTY (80) FEET; THENCE NORTHERLY AGAIN PARALLEL WITH
THE WESTERLY SIDE OF SIXTH AVENUE, ONE HUNDRED (100) FEET FOUR (4) INCH-
ES TO THE SOUTHERLY SIDE OF 46TH STREET; AND THENCE EASTERLY  ALONG  THE
SAID  SOUTHERLY  SIDE  OF  46TH STREET, EIGHTY (80) FEET TO THE POINT OR
PLACE OF BEGINNING. PREMISES KNOWN AS 130 WEST  46TH  STREET,  NEW  YORK
CITY.  BEING  THE  SAME PREMISES DESCRIBED IN DEED MADE BY MASSACHUSETTS
MUTUAL LIFE INSURANCE COMPANY TO WEST  46TH  STREET  HOTEL,  LLC,  DATED

S. 7935                            13

12/22/06  AND  RECORDED  2/06/07 IN THE OFFICE OF THE CITY REGISTER, NEW
YORK COUNTY, ON FEBRUARY 6, 2007 AS CFRN 2007000069808.
  (D)  A  PREMISES  WHICH  SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER  PLACE  OF
WORSHIP,  PROVIDED  SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF
FOOD OR BEVERAGES AT RETAIL FOR  CONSUMPTION  ON  THE  PREMISES  LOCATED
WHOLLY  WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF ULSTER, BOUNDED AND
DESCRIBED  AS  FOLLOWS:  THOSE  THREE  BUILDING  LOTS  SITUATE  ON   THE
NORTHEASTERLY  SIDE  OF  UNION  AVENUE  IN THE CITY OF KINGSTON, BETWEEN
THOMAS AND CORNELL STREETS, KNOWN AND DISTINGUISHED UPON A  MAP  OF  THE
PROPERTY  OF  THE  ESTATE  OF  SAID THOMAS CORNELL MADE BY B.B. CODWISE,
CIVIL ENGINEER, BEARING DATE APRIL 11TH, 1888, AS LOT FIVE (5)  SIX  (6)
AND  SEVEN  (7)  UPON  SAID  MAP,  AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST CORNER OF LOT SEVEN WHICH IS ALSO  THE  CORNER  OF
CORNELL  STREET,  WHERE  IT  INTERSECTS WITH UNION AVENUE, AND RUNS FROM
THENCE IN THE SOUTHERLY BOUNDS OF CORNELL STREET, N. 48 DEGREES 10' EAST
THE DISTANCE OF ONE HUNDRED AND THIRTY-EIGHT (138) FEET,  TO  THE  SOUTH
BOUNDS  OF LOT (8) EIGHT AS LAID DOWN UPON SAID MAP, THENCE ALONG IN THE
SOUTH BOUNDS OF LOT (8) AFORESAID S. 41 DEGREES 50' EAST ALONG THE  REAR
OF  LOTS  SEVEN,  SIX  AND  FIVE (7, 6 & 5) AS AFORESAID THE DISTANCE OF
SEVENTY-TWO (72) FEET TO A LOT OF LAND  OWNED  BY  MAX  OPPENHEIMER  AND
KNOWN  ON  SAID MAP AS LOT FOUR (4); THENCE IN THE DIVISION LINE BETWEEN
LOT FOUR AND FIVE AS LAID DOWN UPON SAID MAP, SOUTH 48  DEGREES  10'  W.
ONE  HUNDRED  AND  TWENTY-TWO (122) FEET, AND FIFTY-FOUR HUNDREDTHS OF A
FOOT (122 54/100 FEET) TO THE NORTHEASTERLY BOUNDS OF SAID UNION AVENUE;
THENCE ALONG IN SAID NORTHEASTERLY BOUNDS OF SAID UNION AVENUE NORTH  53
DEGREES  57' WEST ALONG THE FRONT OF SAID LOTS FIVE, SIX AND SEVEN (5, 6
& 7) THE DISTANCE OF SEVENTY-THREE FEET AND SIXTY-FIVE HUNDREDTHS  OF  A
FOOT  (73  65/100  FEET)  TO  THE PLACE OF BEGINNING; AND A PART OF SAID
PREMISES BEING A PART OF THE SAME THAT WAS CONVEYED TO THOMAS CORNELL BY
JANSEN HASBROUCK AND WIFE BEARING DATE MARCH 3, 1877 AND RECORDED IN THE
OFFICE OF THE CLERK OF ULSTER COUNTY IN BOOK NO. 204 OF  DEEDS  AT  PAGE
403  MARCH 6TH, 1877, THE BALANCE OF THE PROPERTY HEREINBEFORE DESCRIBED
AND HEREIN INTENDED TO BE CONVEYED WAS CONVEYED  TO  THOMAS  CORNELL  BY
JAMES E. OSTRANDER AND WIFE BY DEED BEARING DATE FEBRUARY 8TH, 1869, AND
RECORDED  IN  ULSTER  COUNTY CLERK'S OFFICE IN BOOK 175 OF DEEDS AT PAGE
29, FEBRUARY 6TH, 1872.
  (E) A PREMISES WHICH SHALL BE LOCATED WITHIN TWO  HUNDRED  FEET  OF  A
BUILDING  OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL,  PROVIDED  SUCH PREMISES
CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES  AT  RETAIL  FOR
CONSUMPTION  ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE  CITY  OF  NEW  YORK,
BOUNDED  AND  DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY
SIDE OF WASHINGTON AVENUE DISTANT 636.45 FEET SOUTHERLY FROM THE  INTER-
SECTION  OF  THE  SOUTHERLY SIDE OF EASTERN PARKWAY AND WESTERLY SIDE OF
WASHINGTON AVENUE, SAID POINT BEING  THE  POINT  OF  BEGINNING;  RUNNING
THENCE  SOUTHERLY  ALONG  THE  WESTERLY  SIDE  OF  WASHINGTON  AVENUE, A
DISTANCE OF 345.43 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN INTE-
RIOR ANGLE WITH THE PREVIOUS COURSE OF 90 DEGREES 00 MINUTES 00 SECONDS,
A DISTANCE OF 122.68 FEET; THENCE NORTHERLY ALONG THE  LINE  FORMING  AN
INTERIOR  ANGLE  WITH  THE  PREVIOUS  COURSE OF 58 DEGREES 50 MINUTES 53
SECONDS, A DISTANCE OF 123.94 FEET;  THENCE  NORTHERLY  ALONG  THE  LINE
FORMING  AN  EXTERIOR  ANGLE  WITH THE PREVIOUS COURSE OF 159 DEGREES 18
MINUTES 33 SECONDS, A DISTANCE OF 36.59 FEET; THENCE NORTHERLY ALONG THE
LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF  169  DEGREES
36  MINUTES  23 SECONDS, A DISTANCE OF 26.26 FEET; THENCE WESTERLY ALONG

S. 7935                            14

THE LINE FORMING AN EXTERIOR ANGLE  WITH  THE  PREVIOUS  COURSE  OF  123
DEGREES  49  MINUTES 33 SECONDS, A DISTANCE OF 58.57 FEET; THENCE SOUTH-
WESTERLY ALONG THE LINE FORMING AN  EXTERIOR  ANGLE  WITH  THE  PREVIOUS
COURSE  OF 129 DEGREES 53 MINUTES 13 SECONDS, A DISTANCE OF 108.38 FEET;
THENCE WESTERLY, A DISTANCE OF 84.05 FEET ALONG A CURVE  TO  THE  RIGHT,
WHICH  HAS  A  RADIUS  OF  192.59  FEET,  AND  HAVING A CENTRAL ANGLE OF
25°00'14"; THENCE WESTERLY, A DISTANCE OF 58.94 FEET ALONG  A  CURVE  TO
THE RIGHT, WHICH HAS A RADIUS OF 181.42 FEET, AND HAVING A CENTRAL ANGLE
OF  18°36'54". THENCE WESTERLY, A DISTANCE OF 354.56 FEET; THENCE NORTH-
ERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE  PREVIOUS  COURSE
OF  90  DEGREES 14 MINUTES 09 SECONDS, A DISTANCE OF 114.49 FEET; THENCE
EASTERLY ALONG THE LINE FORMING AN  EXTERIOR  ANGLE  WITH  THE  PREVIOUS
COURSE  OF  286  DEGREES 53 MINUTES 22 SECONDS, A DISTANCE OF 7.54 FEET;
THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVI-
OUS COURSE OF 195 DEGREES 07 MINUTES 53 SECONDS, A  DISTANCE  OF  159.88
FEET;  THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE
PREVIOUS COURSE OF 193 DEGREES 52 MINUTES  57  SECONDS,  A  DISTANCE  OF
161.51  FEET;  THENCE  WESTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE
WITH THE PREVIOUS COURSE  OF  257  DEGREES  31  MINUTES  43  SECONDS,  A
DISTANCE  OF  116.17 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 7.07 FEET
ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4.50 FEET,  A
CENTRAL  ANGLE  OF 89°59'10" AND A CHORD OF 6.36 FEET, WHICH CHORD MAKES
AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 135 DEGREES 01 MINUTES  12
SECONDS;  THENCE  EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH
THE CHORD OF THE ABOVE-REFERENCED CURVE OF 135  DEGREES  01  MINUTES  17
SECONDS, A DISTANCE OF 135.59 FEET; THENCE EASTERLY, A DISTANCE OF 81.93
FEET  ALONG  A  NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 272.93
FEET, A CENTRAL ANGLE OF 17°11'59" AND A  CHORD  OF  81.63  FEET,  WHICH
CHORD MAKES AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 186 DEGREES 52
MINUTES  37  SECONDS; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR
ANGLE WITH THE CHORD OF THE ABOVE-REFERENCED CURVE  OF  192  DEGREES  21
MINUTES  11 SECONDS, A DISTANCE OF 38.24 FEET; THENCE EASTERLY ALONG THE
LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF  183  DEGREES
09  MINUTES  51 SECONDS, A DISTANCE OF 21.53 FEET TO THE POINT OF BEGIN-
NING.
  (F) A PREMISES WHICH SHALL BE LOCATED WITHIN TWO  HUNDRED  FEET  OF  A
BUILDING  OCCUPIED  EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN THE  BOUNDARIES  OF  THE  COUNTY  OF  KINGS,  BOUNDED  AND
DESCRIBED  AS  FOLLOWS:  ALL  THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND
SITUATE LYING AND BEING IN THE BOROUGH OF  BROOKLYN,  COUNTY  OF  KINGS,
CITY  AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING
AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF SYNDER
AVENUE, WITH THE EASTERLY SIDE OF BEDFORD AVENUE; THENCE EASTERLY  ALONG
THE SOUTHERLY SIDE OF SYNDER AVENUE, 99 FEET 10 INCHES; THENCE SOUTHERLY
PARALLEL  WITH  MEDFORD AVENUE, 80 FEET 11 1/6 INCHES TO THE CENTER LINE
OF UNION STREET, AS SHOWN ON THE BERGEN MAP; THENCE WESTERLY  ALONG  THE
CENTER  LINE  OF  UNION  STREET,  AS AFORESAID, 99 FEET 10 INCHES TO THE
EASTERLY SIDE OF BEDFORD AVENUE; THENCE  NORTHERLY  ALONG  THE  EASTERLY
SIDE  OF  BEDFORD  AVENUE,  81  FEET 1/8 INCHES TO THE POINT OR PLACE OF
BEGINNING.
  (G) 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-

S. 7935                            15

IN  THE  BOUNDARIES  OF  THE  COUNTY  OF KINGS, BOUNDED AND DESCRIBED AS
FOLLOWS:  BEGINNING AT A POINT ON THE NORTHERLY SIDE  OF  GRAND  STREET,
DISTANT  THREE  HUNDRED AND NINETEEN FEET AND THREE INCHES EASTERLY FROM
THE  CORNER  FORMED BY THE INTERSECTION OF THE NORTHERLY OF GRAND STREET
WITH THE EASTERLY SIDE OF BERRY (FORMERLY THIRD) STREET, WHICH POINT  OF
BEGINNING IS WHERE A LINE DRAWN ALONG THE EASTERLY WALL OF THE HOUSE NOW
OR FORMERLY OWNED BY ONE SCHAEFER INTERSECTS THE NORTHERLY SIDE OF GRAND
STREET;  RUNNING  THENCE  NORTHERLY ALONG THE EASTERLY WALL OF THE HOUSE
NOW OR FORMERLY OWNED BY ONE SCHAEFER, SEVENTY ONE FEET AND SIX  INCHES;
THENCE  EASTERLY  NEARLY  PARALLEL  WITH GRAND STREET, EIGHTEEN FEET AND
FIVE INCHES; THENCE SOUTHERLY, SEVENTY FEET  AND  SEVEN  INCHES  TO  THE
NORTHERLY  SIDE  OF  GRAND STREET AT A POINT, SIXTEEN FEET EASTERLY FROM
THE POINT OF BEGINNING; THENCE WESTERLY  ALONG  THE  NORTHERLY  SIDE  OF
GRAND STREET, SIXTEEN FEET.
  (H)  A  PREMISES PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE
SALE OF FOOD OR BEVERAGES AT RETAIL  FOR  CONSUMPTION  ON  THE  PREMISES
LOCATED  WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE
CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING
AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF FULTON
STREET WITH THE WESTERLY SIDE  OF  BROADWAY;  RUNNING  THENCE  SOUTHERLY
ALONG  THE  WESTERLY SIDE OF BROADWAY, 78 FEET 11 1/2 INCHES TO AN ANGLE
POINT, IN SAID WESTERLY SIDE OF BROADWAY; THENCE SOUTHERLY  STILL  ALONG
THE  WESTERLY SIDE OF BROADWAY, 75 FEET 3 INCHES TO THE CORNER FORMED BY
THE INTERSECTION OF THE WESTERLY SIDE OF  BROADWAY  WITH  THE  NORTHERLY
SIDE  OF  DEY  STREET;  THENCE  WESTERLY ALONG THE NORTHERLY SIDE OF DEY
STREET, 275 FEET 6 3/4 INCHES; THENCE NORTHERLY ALONG A LINE WHICH FORMS
AN ANGLE ON ITS WESTERLY SIDE WITH THE NORTHERLY SIDE OF DEY  STREET  OF
91  DEGREES 21 MINUTES 50 SECONDS, 77 FEET 5 1/2 INCHES; THENCE EASTERLY
ALONG A LINE WHICH FORMS AN ANGLE ON ITS SOUTHERLY SIDE  WITH  THE  LAST
DESCRIBED  COURSE  OF  91  DEGREES  21 MINUTES 50 SECONDS, 75 FEET 4 5/8
INCHES; THENCE NORTHERLY ALONG A  LINE  WHICH  FORMS  AN  ANGLE  ON  ITS
WESTERLY SIDE WITH THE LAST DESCRIBED COURSE OF 91 DEGREES 00 MINUTES 00
SECONDS,  77  FEET  5 1/4 INCHES TO THE SOUTHERLY SIDE OF FULTON STREET;
THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF FULTON  STREET,  99  FEET  8
INCHES TO AN ANGLE POINT ON SAID SOUTHERLY SIDE OF FULTON STREET; THENCE
EASTERLY STILL ALONG THE SOUTHERLY SIDE OF FULTON STREET, 100 FEET 2 1/2
INCHES  TO  THE POINT OR PLACE OF BEGINNING.  TOGETHER WITH BENEFITS AND
SUBJECT TO THE TERMS CONTAINED IN  THAT  CERTAIN  EASEMENT  AND  LICENSE
AGREEMENT DATED AS OF APRIL 20, 1993 BETWEEN KALIKOW FULTON CHURCH REAL-
TY COMPANY AND 195 PROPERTY COMPANY AND RECORDED ON MAY 10, 1993 IN REEL
1969 PAGE 1310.
  (I)  A  PREMISES  WHICH  SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A CHURCH, SYNAGOGUE, OR OTHER PLACE  OF
WORSHIP,  PROVIDED  SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF
FOOD OR BEVERAGES AT RETAIL FOR THE CONSUMPTION ON THE PREMISES  LOCATED
WHOLLY  WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF ULSTER, BOUNDED AND
DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND, SITUATE  IN  THE
CITY  OF  KINGSTON,  COUNTY OF ULSTER AND STATE OF NEW YORK DESCRIBED AS
FOLLOWS: BEGINNING AT A SPIKE IN THE  CONCRETE  SIDEWALK  ON  THE  SOUTH
BOUNDS  OF  MAIN STREET AT ITS INTERSECTION WITH THE WEST BOUNDS OF FAIR
STREET; THENCE SOUTH 8 DEGREES 10 HOURS 9 MINUTES EAST  ALONG  THE  WEST
BOUNDS  OF FAIR STREET 105.31 FEET TO A SPIKE IN LINE WITH A THREE STORY
BRICK BUILDING ON LANDS NOW OR FORMERLY NORMAN G.  LEBHAR  AND  JOHN  W.
KRUEGER (L.1516 P.425); THENCE SOUTH 83 DEGREES 26 HOURS 38 MINUTES WEST
ALONG  SAID  BUILDING  AND  LANDS  OF LEBHAR AND KRUEGER 46.27 FEET TO A
CORNER OF SAID BUILDING; THENCE NORTH 8 DEGREES 4 HOURS 13 MINUTES  WEST

S. 7935                            16

ALONG LANDS NOW OR FORMERLY LAWRENCE A. QUILTY AND OTHERS (L.1422 P.123)
AND  ALONG THE BRICK BUILDING ON THE HEREIN DESCRIBED PARCEL 102.62 FEET
TO A REINFORCEMENT ROD SET ON THE SOUTH BOUNDS OF  MAIN  STREET;  THENCE
NORTH  80  DEGREES  6  HOURS  32  MINUTES EAST ALONG SAID BOUNDS OF MAIN
STREET 46.10 FEET TO THE POINT AND PLACE OF BEGINNING.  BEING  THE  SAME
PREMISES AS CONVEYED BY BERNARD R. HERZBERG AND THE ESTATE OF ROSALYN M.
NAVE,  MARGARET  D.  HUFF,  EXECUTRIX  TO MARK J. BERLANGA BY DEED DATED
SEPTEMBER 15, 1995 AND RECORDED IN THE ULSTER COUNTY CLERK'S  OFFICE  ON
SEPTEMBER 20, 1995 IN LIBER 2525 OF DEEDS AT PAGE 200.
  (J)  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 CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE
CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT
NO. 77, TOWNSHIP 11, RANGE 8 OF THE HOLLAND LAND COMPANY'S  SURVEY,  AND
FURTHER  DISTINGUISHED AS PARTS OF SUBDIVISION LOTS 1 AND 2 IN BLOCK "D"
AS SHOWN ON A MAP FILED IN THE ERIE COUNTY CLERK'S  OFFICE  UNDER  COVER
NO.  781  AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN-
NING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF HERTEL AVENUE
AS NOW LAID OUT 100 FEET WIDE WITH THE EASTERLY LINE OF SARANAC  AVENUE;
THENCE  NORTHERLY  ALONG  THE  EASTERLY LINE OF SARANAC AVENUE 120 FEET;
THENCE EASTERLY PARALLEL WITH HERTEL AVENUE 100 FEET;  THENCE  SOUTHERLY
PARALLEL  WITH SARANAC AVENUE AND ALONG THE EASTERLY LINE OF SAID SUBDI-
VISION LOT NO. 2, A DISTANCE OF 120 FEET TO THE NORTHERLY LINE OF HERTEL
AVENUE; THENCE WESTERLY ALONG SAID LINE OF HERTEL AVENUE 100 FEET TO THE
POINT OF BEGINNING.
  (K) A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET  OF  A  BUILDING
OCCUPIED  EXCLUSIVELY  AS  A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE  SALE  OF
FOOD  OR  BEVERAGES  AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN
OVERNIGHT LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES  OF  THE
BOROUGH  OF  MANHATTAN  IN  THE CITY AND COUNTY OF NEW YORK, BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE  OF  7TH
AVENUE,  DISTANT  25 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF 7TH
AVENUE AND 132ND STREET;  RUNNING  THENCE  EASTERLY  PARALLEL  WITH  THE
NORTHERLY  SIDE OF 132ND STREET AND PART OF THE DISTANCE OF THE DISTANCE
THROUGH A PARTY WALL,  75  FEET;  THENCE  NORTHERLY  PARALLEL  WITH  7TH
AVENUE, 49 FEET 11 INCHES; THENCE WESTERLY PARALLEL WITH 132ND STREET 75
FEET  TO  THE  EASTERLY  SIDE  OF 7TH AVENUE; THENCE SOUTHERLY ALONG THE
EASTERLY SIDE OF 7TH AVENUE, 49 FEET 11 INCHES TO THE POINT OR PLACE  OF
BEGINNING,  BEING THE SAME PREMISES LOCATED AT 2247 ADAM CLAYTON POWELL,
JR. BOULEVARD (SEVENTH AVENUE), BLOCK 1917, LOT 2 DESCRIBED IN DEED MADE
BY 2247-49 ACP SOUTH REALTY LLC TO AIMCO 2247-2253 ACP, LLC, DATED  JUNE
TWENTY-NINTH, TWO THOUSAND SEVEN AND RECORDED JULY SEVENTH, TWO THOUSAND
SEVEN  IN  THE  OFFICE OF THE CITY REGISTER, NEW YORK COUNTY AS DOCUMENT
NUMBER 2007071001657001.
  (L) A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET  OF  A  BUILDING
OCCUPIED  EXCLUSIVELY  AS  A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN THE BOUNDARIES  OF  THE  TOWN  OF  BAINBRIDGE,  COUNTY  OF
CHENANGO,  BOUNDED  AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON STAKE
AT THE CURB ON THE NORTH SIDE OF NORTH MAIN STREET, WHICH STAKE IS IN  A
LINE  WITH  THE  EDGE  OF  THE CONCRETE SIDEWALK IN FRONT OF THE IRELAND

S. 7935                            17

HARDWARE BLOCK; THENCE TO THE JOINT CORNER OF SAID  HARDWARE  BLOCK  AND
THE  CONCRETE POST AT THE SOUTHWEST CORNER OF THE CENTRAL HOTEL, TWENTY-
SEVEN (27) FEET; THENCE ALONG THE FOUNDATION WALL OF  SAID  HOTEL  FORTY
(40)  FEET  TO  AN IRON STAKE UNDER A PART OF THE IRELAND HARDWARE STORE
BUILDING SIX (6) FEET FROM THE CORNER OF SAID FOUNDATION WALL AND  ON  A
CONTINUATION  OF  SAID  LINE  ALONG  THE  HOTEL FOUNDATION; THENCE AT AN
APPROXIMATE RIGHT ANGLE IN A NORTHEASTERLY DIRECTION ALONG A LINE PARAL-
LEL TO AND SIX (6) FEET DISTANT FROM THE FOUNDATION WALL ON THE "ELL" OF
THE HOTEL TO A POINT SIX (6) FEET DISTANT FROM THE  FOUNDATION  WALL  OF
THE  MAIN  BUILDING  OF THE HOTEL, FOURTEEN (14) FEET; THENCE AGAIN AT A
RIGHT ANGLE IN AN  APPROXIMATELY  NORTH-WESTERLY  DIRECTION  ON  A  LINE
PARALLEL  TO  AND  SIX (6) FEET DISTANT FROM THE FOUNDATION WALL OF SAID
HOTEL BUILDING FORTY-THREE (43) FEET TO  AN  IRON  STAKE;  THENCE  IN  A
NORTHEASTERLY DIRECTION ON A LINE FROM SAID STAKE TOUCHING THE CORNER OF
THE FOUNDATION WALL TO A POINT ON THE LINE OF PREMISES OF THE VENDOR AND
PREMISES  NOW  OWNED  BY  EDWARD  DANFORTH, KNOWN AS THE DANFORTH BLOCK;
THENCE IN A SOUTHEASTERLY DIRECTION ALONG  SAID  BOUNDARY  LINE  BETWEEN
SAID PREMISES, WHICH LINE IS BELIEVED TO BE NINE (9) FEET DISTANT SOUTH-
WESTERLY  FROM  THE  FOUNDATION WALL OF SAID DANFORTH BLOCK, TO THE CURB
LINE; THENCE ALONG SAID CURB LINE IN A SOUTHWESTERLY  DIRECTION  TO  THE
POINT  OR PLACE OF BEGINNING. BEING KNOWN AND DESIGNATED ON THE CHENANGO
COUNTY TAX MAP  FOR  THE  VILLAGE  AND  TOWN  OF  BAINBRIDGE  AS  PARCEL
265.11-2-15 AS SAID TAX MAP WAS ON THE 15TH DAY OF JUNE 2010.
  (M)  A  PREMISES  WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR  OTHER  PLACE  OF
WORSHIP,  PROVIDED  SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF
FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE  PREMISES  AND/OR  AN
OVERNIGHT  LODGING  FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF  NEW  YORK,  BOUNDED  AND
DESCRIBED  AS FOLLOWS: BEGINNING AT THE INTERSECTION FORMED BY THE EAST-
ERLY SIDE OF FIFTH AVENUE AND THE SOUTHERLY SIDE OF EAST  117TH  STREET;
AND  RUNNING  THENCE  EASTERLY  ALONG  THE  SOUTHERLY SIDE OF EAST 117TH
STREET, 110 FEET 0 INCHES; THENCE SOUTHERLY AT RIGHT ANGLES TO THE  LAST
MENTIONED COURSE, 100 FEET 11 INCHES; THENCE WESTERLY AT RIGHT ANGLES TO
THE  LAST  MENTIONED  COURSE,  110  FEET 0 INCHES AT RIGHT ANGLES TO THE
EASTERLY SIDE OF FIFTH AVENUE; THENCE NORTHERLY ALONG THE EASTERLY  SIDE
OF  FIFTH  AVENUE AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET
11 INCHES TO THE POINT OR PLACE OF BEGINNING. BEING KNOWN AND DESIGNATED
ON THE TAX MAP OF THE CITY OF NEW YORK, FOR THE BOROUGH OF MANHATTAN, AS
SECTION 6, BLOCK 1622 LOT 73 AS SAID TAX MAP WAS  ON  THE  26TH  DAY  OF
NOVEMBER 1974.
  (N) A RESTAURANT-BREWERY WHICH SHALL BE LOCATED WHOLLY WITHIN THE TOWN
OF ULSTER, COUNTY OF ULSTER, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS:  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILD-
INGS  AND  IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE
TOWN OF ULSTER, COUNTY OF ULSTER AND THE STATE OF NEW YORK, BOUNDED  AND
DESCRIBED  AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF
CITY VIEW TERRACE, SAID POINT BEING THE WESTERLY CORNER OF THE LANDS  OF
THE STATE OF NEW YORK AND A SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED
PARCEL; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEASTERLY SIDE
OF  CITY  VIEW  TERRACE,  NORTH  43  DEGREES 36 MINUTES 03 SECONDS WEST,
109.02 FEET TO A POINT ON THE SOUTHEASTERLY SIDE OF FOREST  HILL  DRIVE;
THENCE  ALONG  THE SOUTHEASTERLY SIDE OF FOREST HILL DRIVE THE FOLLOWING
COURSE AND DISTANCES, NORTH 16 DEGREES 32 MINUTES 34 SECONDS WEST, 92.62
FEET TO A POINT; THENCE NORTH 10 DEGREES 38  MINUTES  26  SECONDS  EAST,
70.45  FEET  TO  A  POINT; THENCE NORTH 35 DEGREES 53 MINUTES 26 SECONDS

S. 7935                            18

EAST, 122.45 FEET TO A POINT; THENCE NORTH  46  DEGREES  30  MINUTES  26
SECONDS EAST, 203.40 FEET TO A POINT; THENCE NORTH 62 DEGREES 37 MINUTES
26  SECONDS  EAST;  115.94  FEET  TO A POINT; THENCE NORTH 79 DEGREES 39
MINUTES  26 SECONDS EAST, 47.82 FEET TO A POINT; THENCE NORTH 45 DEGREES
16 MINUTES 41 SECONDS EAST, 63.33 FEET TO A RECOVERED BAR; THENCE  ALONG
THE  BOUNDS  OF  LANDS  OF NOW OR FORMERLY SKYTOP VILLAGE ASSOCIATES, L.
1916-P. 134, THE FOLLOWING COURSES AND DISTANCES, SOUTH  37  DEGREES  08
MINUTES 02 SECONDS EAST, 196.33 FEET TO A RECOVERED BAR; THENCE SOUTH 65
DEGREES  47 MINUTES 02 SECONDS EAST, 90.63 FEET TO A POINT; THENCE NORTH
77 DEGREES 23 MINUTES 58 SECONDS EAST, 233.85 FEET TO A  RECOVERED  BAR;
THENCE  NORTH  85  DEGREES  29 MINUTES 58 SECONDS EAST, 297.09 FEET TO A
RECOVERED BAR; THENCE SOUTH 63  DEGREES  30  MINUTES  02  SECONDS  EAST,
108.50  FEET TO A RECOVERED BAR; THENCE ALONG THE BOUNDS OF LANDS OF NOW
OR FORMERLY ROBERT D. SABINO, L. 1487-P. 397, AND ALONG  A  STONE  WALL,
SOUTH  32  DEGREES  24  MINUTES 04 SECONDS WEST, 353.51 FEET TO A POINT;
THENCE LEAVING SAID STONE AND ALONG  THE  BOUNDS  OF  LANDS  OF  NOW  OR
FORMERLY  STANLEY  AMERLING, L. 1440-P. 908, SOUTH 75 DEGREES 41 MINUTES
26 SECONDS WEST, 264.62 FEET TO A POINT;  THENCE  ALONG  THE  BOUNDS  OF
LANDS  OF  SUMMIT  PROPERTIES, LLC, L. 2856-P. 82, THE FOLLOWING COURSES
AND DISTANCES, NORTH 41 DEGREES 29 MINUTES 34 SECONDS WEST,  50.00  FEET
TO  A  POINT;  THENCE SOUTH 71 DEGREES 10 MINUTES 26 SECONDS WEST, 89.84
FEET TO A POINT; THENCE SOUTH 59 DEGREES 51  MINUTES  26  SECONDS  WEST,
251.72  FEET  TO  A POINT; THENCE SOUTH 13 DEGREES 15 MINUTES 34 SECONDS
EAST, 90.20 FEET TO A POINT; THENCE ALONG THE BOUNDS OF  LANDS  OF  SAID
STATE OF NEW YORK, THE FOLLOWING COURSES AND DISTANCES, NORTH 56 DEGREES
41  MINUTES  34  SECONDS  WEST,  168.79 FEET TO A POINT; THENCE NORTH 75
DEGREES 51 MINUTES 34 SECONDS WEST, 254.10 FEET TO THE POINT  AND  PLACE
OF  BEGINNING.  BEING THE SAME PREMISES AS CONVEYED TO SKYTOP MOTEL, LLC
BY DEED OF STEWART TITLE, AS AGENT OF THE GRANTOR, SKYTOP  MOTEL,  INC.,
DATED  APRIL  29,  2003  AND RECORDED IN THE OFFICE OF THE ULSTER COUNTY
CLERK ON JUNE 10, 2003 AS  DOCUMENT  NO.    2003-00016207,  RECEIPT  NO.
48178, BK-D VI-3621, PG-171.
  S  11.  Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. THE ANNUAL FEE FOR AN IMPORTER'S LICENSE  SHALL  BE  ONE  HUNDRED
TWENTY-FIVE DOLLARS.
  S  12.  Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
  11. THE FEE FOR AN ORIGINAL AND A  RENEWAL  RESTAURANT-BREWER  LICENSE
SHALL  BE FIFTY-EIGHT HUNDRED FIFTY DOLLARS IN THE COUNTIES OF NEW YORK,
KINGS, BRONX AND QUEENS; FORTY-THREE HUNDRED FIFTY DOLLARS IN THE COUNTY
OF RICHMOND AND IN CITIES HAVING A POPULATION OF MORE THAN  ONE  HUNDRED
THOUSAND AND LESS THAN ONE MILLION; THIRTY-SIX HUNDRED DOLLARS IN CITIES
HAVING  A  POPULATION  OF  MORE  THAN  FIFTY  THOUSAND AND LESS THAN ONE
HUNDRED THOUSAND; AND THE SUM  OF  TWENTY-EIGHT  HUNDRED  FIFTY  DOLLARS
ELSEWHERE.  SAID LICENSE SHALL RUN FOR A PERIOD OF THREE YEARS. IN ADDI-
TION TO THE LICENSE FEES PROVIDED FOR IN THIS SUBDIVISION,  THERE  SHALL
BE  PAID  TO THE AUTHORITY WITH EACH INITIAL APPLICATION A FILING FEE OF
TWO HUNDRED DOLLARS AND WITH EACH RENEWAL APPLICATION A  FILING  FEE  OF
ONE HUNDRED DOLLARS.
  S  13.  Subdivision  1 of section 93 of the alcoholic beverage control
law is amended to read as follows:
  1. No individual shall offer for sale or  solicit  any  order  in  the
state  for  the  sale  of any alcoholic beverage irrespective of whether
such sale is to be made within or without the state, unless such  person
shall  have  a  solicitor's  permit.   PROVIDED, HOWEVER, THAT NO PERMIT

S. 7935                            19

UNDER THIS SECTION SHALL BE REQUIRED FOR AN INDIVIDUAL WHO IS SOLICITING
ORDERS ON BEHALF OF A MICRO-BREWERY, FARM  BREWERY,  FARM  CIDERY,  FARM
WINERY,  MICRO-FARM  WINERY,  MICRO-DISTILLERY, MICRO-RECTIFIER, OR FARM
DISTILLERY LICENSED UNDER THIS CHAPTER.
  S  14. Section 81 of the alcoholic beverage control law, as amended by
chapter 666 of the laws of 1987, subdivision 3 as amended by chapter 627
of the laws of 2002 and subdivision 4 as amended by section 1 of part  F
of chapter 60 of the laws of 2005, is amended to read as follows:
  S  81.  [License  to  sell]  RETAIL  ON-PREMISES  wine  [at retail for
consumption on the premises] LICENSE. 1.   [The procedure set  forth  in
section  sixty-four  hereof shall apply so far as applicable to applica-
tions for licenses] A LICENSE ISSUED UNDER THIS SECTION SHALL  AUTHORIZE
THE  HOLDER  THEREOF to sell wine at retail for consumption on the prem-
ises[, except as provided in subdivision two of this section].
  2. No such license shall be issued to  any  person  for  any  premises
other  than  premises  for  which  a license may be issued under section
sixty-four of this chapter [or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to  be  a  place  where
food  is  prepared  and  served  for consumption on the premises in such
quantities as to satisfy the liquor authority  that  the  sale  of  wine
intended  is  incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such  suitable
space  outside the licensed premises and adjoining it as may be approved
by the liquor authority].
  3. Such license shall in form and in substance be  a  license  to  the
person specifically licensed to sell wine at retail, to be consumed upon
the  premises. Such license shall also be deemed to include a license to
sell beer and soju at retail to be consumed under  the  same  terms  and
conditions  without  the payment of any additional fee. For the purposes
of this subdivision, "soju" shall  mean  an  imported  Korean  alcoholic
beverage  that contains not more than twenty-four per centum alcohol, by
volume, and is derived from agricultural products.
  4. A restaurant licensed [to sell wine] under this section may  permit
a patron to remove one unsealed bottle of wine for off-premises consump-
tion  provided  that  the  patron  has  purchased a full course meal and
consumed a portion of the bottle of wine with such meal on  the  restau-
rant  premises.  For  the  purposes  of  this subdivision the term "full
course meal" shall mean a diversified selection of food which  is  ordi-
narily  consumed  with  the  use of tableware and cannot conveniently be
consumed while standing or walking. A partially consumed bottle of  wine
that  is  to  be  removed from the premises pursuant to this subdivision
shall be securely sealed by the licensee or an  agent  of  the  licensee
prior  to  removal  from  the premises, in a bag such that it is visibly
apparent that such resealed bottle of wine has not been  tampered  with.
Such licensee or agent of the licensee shall provide a dated receipt for
the bottle of wine to the patron.
  5.(A)  THE  PROVISIONS OF SUBDIVISIONS SIX, SEVEN AND EIGHT OF SECTION
SIXTY-FOUR OF THIS CHAPTER SHALL APPLY TO ANY LICENSE ISSUED UNDER  THIS
SECTION.
  (B)  A  LICENSE  UNDER  THIS SECTION SHALL BE ISSUED TO ALL APPLICANTS
EXCEPT FOR GOOD CAUSE SHOWN.
  S 15. Subdivision 4 of section 93 of the  alcoholic  beverage  control
law,  as  amended  by  section 12 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
  4. Notwithstanding the foregoing provisions of this section, any  duly
licensed  manufacturer  or  wholesaler may apply to the liquor authority

S. 7935                            20

for an annual temporary solicitor's employment permit. Such permit shall
authorize such manufacturer or wholesaler to employ one or more  persons
as  a solicitor for a period of not exceeding [sixty consecutive working
days]  SIX  MONTHS  provided  that within [thirty] SIXTY days after such
employee has been employed as a solicitor such employee shall  file  his
application  for  a  solicitor's  permit  with the liquor authority. The
license fee for such permit shall be thirty-eight dollars per  year,  or
for  any  part  thereof, and the permit shall be issued for the calendar
year. Such permit and the exercise  of  the  privileges  hereby  granted
thereunder,  shall  be  subject  to  such terms and conditions as may be
prescribed by the liquor authority.
  S 16. Section 99-e of the alcoholic beverage control law,  as  amended
by chapter 114 of the laws of 2000, is amended to read as follows:
  S 99-e. Change in duration of permits. The liquor authority is author-
ized  to  change the periods during which permits authorized by sections
ninety-one, ninety-one-a, ninety-two, ninety-two-a, ninety-three,  nine-
ty-three-a,  ninety-four,  ninety-five,  ninety-six, ninety-six-a [and],
ninety-nine-b, AND NINETY-NINE-H of this article, shall be effective and
to establish the commencement dates, duration and expiration dates ther-
eof, provided that no such permit shall be effective  for  a  period  in
excess  of three years. When any change or changes are made in the dura-
tion of any such permit, the permit fee shall be  equal  to  the  annual
permit  fee  specified in this article multiplied by the number of years
for which such permit is issued. Any other provision of any other law to
the contrary notwithstanding, an applicant, other than a  not-for-profit
organization  as  defined  in  section one hundred seventy-nine-q of the
state finance law, shall not be issued a temporary  permit  pursuant  to
section  ninety-seven  of this article for events to take place upon any
premise for which the authority has issued any license, or has issued  a
permit more than four times within any one year period, provided however
that  the authority may, in its sole discretion, issue additional single
permits if it shall determine upon the issuance of  each  that  (a)  the
application  for  such  permit is not an attempt to circumvent licensing
provisions of this chapter, and (b) the issuance of  such  permit  would
not  be  a detriment to the community or the surrounding neighborhood as
such shall be determined by the authority after consultation with munic-
ipal authorities and  police  agencies  and  community  boards  for  the
purpose   of  reviewing  community  or  neighborhood  or  police  agency
complaints, or violations of state or local laws. The  liquor  authority
may  make such rules as shall be appropriate to carry out the purpose of
this section.
  S 17. The alcoholic beverage control law is amended by  adding  a  new
section 99-h to read as follows:
  S  99-H.  SUNDAY  ON-PREMISES SALES PERMIT.   1. A PERMIT ISSUED UNDER
THIS SECTION SHALL AUTHORIZE A PERSON LICENSED TO SELL ALCOHOLIC  BEVER-
AGES  FOR  CONSUMPTION  ON THE PREMISES PURSUANT TO THIS CHAPTER TO SELL
ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION ON  SUNDAY  BETWEEN  THE
HOURS OF EIGHT O'CLOCK A.M. AND NOON.
  2.  A  PERMIT  UNDER THIS SECTION SHALL BE ISSUED FOR ONE DAY OR FOR A
CALENDAR YEAR.
  (A) THE FEE FOR A PERMIT FOR ONE DAY  SHALL  BE  TWENTY-FIVE  DOLLARS,
TOGETHER WITH A FILING FEE OF TEN DOLLARS.
  (B) THE FEE FOR A PERMIT FOR A CALENDAR YEAR SHALL BE: (I) TWO HUNDRED
FIFTY DOLLARS IN THE COUNTIES OF NEW YORK, KINGS, BRONX AND QUEENS; (II)
ONE HUNDRED FIFTY DOLLARS IN THE COUNTY OF RICHMOND AND IN CITIES HAVING
A  POPULATION  OF  MORE  THAN  ONE  HUNDRED  THOUSAND  AND LESS THAN ONE

S. 7935                            21

MILLION; (III) ONE HUNDRED DOLLARS IN CITIES HAVING A POPULATION OF MORE
THAN FIFTY THOUSAND AND LESS THAN ONE HUNDRED THOUSAND; AND  (IV)  FIFTY
DOLLARS ELSEWHERE, TOGETHER WITH A FILING FEE OF TWENTY-FIVE DOLLARS FOR
THE ORIGINAL PERMIT OR A RENEWAL THEREOF.
  3.  AN  APPLICANT FOR A PERMIT UNDER THIS SECTION SHALL PROVIDE NOTICE
TO THE LOCAL MUNICIPALITY OF SUCH APPLICATION AS PROVIDED IN SECTION ONE
HUNDRED TEN-B OF THIS CHAPTER.
  S 18. Subdivision 3 of section 105 of the alcoholic  beverage  control
law is amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY, IN ITS DISCRETION, MAY ISSUE A LICENSE  UNDER  THIS
SECTION  FOR  A  PREMISES  WHICH  SHALL  BE WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE OF WORSHIP.
  (I)  AN  APPLICANT SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL
NOTIFY, IN THE SAME MANNER AS SET FORTH IN SECTION ONE HUNDRED TEN-B  OF
THIS  CHAPTER,  ANY  SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
THAT IS ON THE SAME STREET AND WITHIN TWO HUNDRED FEET OF  THE  PROPOSED
LICENSED PREMISES.
  (II) THE MUNICIPALITY AND THE SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
OF WORSHIP SO NOTIFIED MAY EXPRESS AN OPINION FOR OR AGAINST THE AUTHOR-
ITY'S  EXERCISE  OF  DISCRETION GRANTED PURSUANT TO THIS PARAGRAPH.  ANY
SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON  WHICH  THE  LIQUOR
AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY THE APPLICATION.
  S  19.  Subdivisions 5 and 11 of section 105 of the alcoholic beverage
control law, as amended by chapter 503 of the laws of 1984,  subdivision
5  as separately amended by chapter 628 of the laws of 1984, are amended
to read as follows:
  5. No retail licensee of liquor and/or wine for off-premises  consump-
tion  shall  keep upon the licensed premises any liquors and/or wines in
any cask, barrel, keg,  hogshead  or  other  container,  except  in  the
original  sealed  package,  as  received from the manufacturer or whole-
saler. Such containers shall have affixed thereto such labels as may  be
required  by the rules of the liquor authority, together with all neces-
sary federal revenue and New York state excise tax stamps,  as  required
by law. Such containers shall not be opened nor its contents consumed on
the  premises  where  sold,  except  for  the purpose of wine tasting or
sampling by any person pursuant  to  authorization  to  conduct  such  a
sampling  or  tasting  pursuant  to  subdivision  [two] THREE of section
seventy-six of this chapter except those to whom sales are prohibited in
section sixty-five of this chapter. THE PROVISIONS OF  THIS  SUBDIVISION
SHALL  NOT  PROHIBIT  A  LICENSED  WINERY OR FARM WINERY FROM SELLING OR
DELIVERING WINE TO A CONSUMER IN AN UNSEALED CONTAINER FOR  OFF-PREMISES
CONSUMPTION.
  11. No retail licensee of liquor and/or wine for off-premises consump-
tion  shall  keep  or  permit to be kept upon the licensed premises, any
liquors and/or wines in any unsealed bottle or other unsealed container,
except for the purpose of wine tasting or sampling by any person  pursu-
ant  to  authorization to conduct such a sampling or tasting pursuant to
subdivision [two] THREE of section seventy-six of  this  chapter  except
those  to  whom sales are prohibited in section sixty-five of this chap-
ter. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT  PROHIBIT  A  LICENSED
WINERY  OR  FARM WINERY FROM SELLING OR DELIVERING WINE TO A CONSUMER IN
AN UNSEALED CONTAINER FOR OFF-PREMISES CONSUMPTION.
  S 20. Subdivision 3 and paragraph (a) of subdivision 5 of section  106
of the alcoholic beverage control law, paragraph (a) of subdivision 5 as

S. 7935                            22

amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
follows:
  3.  No retail licensee for on-premises consumption shall sell, deliver
or give away, or cause or permit or procure to  be  sold,  delivered  or
given  away  any  liquors  and/or wines for consumption off the premises
where sold. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  PROHIBIT  A
LICENSED  WINERY  OR  FARM  WINERY  FROM SELLING OR DELIVERING WINE TO A
CONSUMER IN AN UNSEALED CONTAINER FOR OFF-PREMISES CONSUMPTION.
  (a) Sunday, from four ante meridiem to twelve noon, EXCEPT PURSUANT TO
A PERMIT ISSUED UNDER SECTION NINETY-NINE-H OF THIS CHAPTER.
  S 21. Subdivision 9 of section 106 of the alcoholic  beverage  control
law is REPEALED.
  S 22. Section 108 of the alcoholic beverage control law, as amended by
chapter 419 of the laws of 1950, is amended to read as follows:
  S 108. Restrictions  upon  licensees. 1. No licensee except the holder
of a [brewer's or distiller's license or a winery] license  TO  MANUFAC-
TURE  ALCOHOLIC BEVERAGES shall keep or permit to be kept or consumed on
the licensed premises any alcoholic beverage except the alcoholic bever-
ages which he is permitted to sell under the terms of the license issued
to him.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT PROHIB-
IT A PERSON HOLDING A RETAIL ON-PREMISES LICENSE AND A RETAIL  OFF-PREM-
ISES  BEER OR BEER AND WINE PRODUCTS LICENSE FOR AN ADJACENT PREMISES TO
TRANSPORT ALCOHOLIC BEVERAGES THROUGH ONE PREMISES FOR SALE IN THE OTHER
PREMISES.
  S 23. Section 112 of the alcoholic beverage control law, as amended by
chapter 355 of the laws of 1944, and as further amended by  section  104
of  part  A  of  chapter  62  of the laws of 2011, is amended to read as
follows:
  S 112. Bonds of licensees and permittees.  The  liquor  authority  may
require  the  licensees  and  permittees  of one or more of the kinds or
classes described in this chapter to file with it a bond to  the  people
of  the  state  of  New York issued by a surety company, approved by the
superintendent of financial services as to solvency  and  responsibility
and  authorized to transact business in this state, in such penal sum as
the liquor authority may heretofore have prescribed or  hereafter  shall
prescribe,  conditioned  that such licensee or permittee will not suffer
or permit any violation of the provisions of this chapter and  that  all
fines  and  penalties which shall accrue, during the time the license or
permit shall be in effect, will be paid, together with all  costs  taxed
or  allowed  in  any  action  or  proceeding brought or instituted for a
violation of any of the provisions of this chapter. A suit to recover on
any bond filed pursuant to chapter one hundred eighty  of  the  laws  of
nineteen  hundred  thirty-three  or  this  chapter may be brought by the
liquor authority or on relation of any party aggrieved, in  a  court  of
competent  jurisdiction  and in the event that the obligor named in such
bond has violated any of the conditions of such bond, recovery  for  the
penal  sum  of such bond may be had in favor of the people of the state.
NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SECTION,  NO  BOND  SHALL  BE
REQUIRED  TO BE FILED BY THE HOLDER OF A SOLICITOR'S PERMIT ISSUED UNDER
SECTION NINETY-THREE OF THIS CHAPTER.
  S 24. Subdivisions 1 and 4 of section 126 of  the  alcoholic  beverage
control  law, as amended by section 50 of subpart B of part C of chapter
62 of the laws of 2011, are amended to read as follows:
  1. Except as provided in subdivision one-a of this section,  a  person
who has been convicted of a felony [or any of the misdemeanors mentioned

S. 7935                            23

in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law] WITHIN THE PAST FIVE YEARS, unless:
  (A)  subsequent  to such conviction such person shall have received an
executive pardon therefor removing this  disability,  a  certificate  of
good  conduct  granted  by  the  department of corrections and community
supervision, or a certificate of relief from disabilities granted by the
department of corrections and community supervision or a court  of  this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction law to remove the disability under this  section  because  of
such conviction; OR
  (B) FOR A CONVICTION IN ANOTHER STATE, SUCH PERSON SHALL HAVE RECEIVED
SUCH  STATE'S  EQUIVALENT  OF  AN  EXECUTIVE PARDON, CERTIFICATE OF GOOD
CONDUCT, OR CERTIFICATE OF RELIEF FROM DISABILITIES. IN THE  EVENT  SUCH
STATE  HAS  NO  SUCH EQUIVALENT FORM OF RELIEF, THE PERSON MAY, FOR GOOD
CAUSE SHOWN TO THE AUTHORITY, BE FOUND ELIGIBLE TO TRAFFIC IN  ALCOHOLIC
BEVERAGES.
  4.  (A)  A  copartnership  or a corporation, unless each member of the
partnership, or each of the principal  officers  and  directors  of  the
corporation[,]  : is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States[,] ; IS  not  less
than  twenty-one  years  of  age[,]  ; and has not been convicted of any
felony [or any of the misdemeanors, specified in section eleven  hundred
forty-six  of  the  former  penal law as in force and effect immediately
prior to September first, nineteen hundred sixty-seven, or of an offense
defined in section 230.20 or 230.40 of the penal law]  WITHIN  THE  PAST
FIVE YEARS, or if so convicted:
  (I)  has  received, subsequent to such conviction, an executive pardon
therefor removing this disability a certificate of good conduct  granted
by the department of corrections and community supervision, or a certif-
icate   of  relief  from  disabilities  granted  by  the  department  of
corrections and community supervision or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section  because  of  such  conviction;
[provided] OR
  (II)  FOR  A  CONVICTION  IN  ANOTHER  STATE,  SUCH  PERSON SHALL HAVE
RECEIVED SUCH STATE'S EQUIVALENT OF AN EXECUTIVE PARDON, CERTIFICATE  OF
GOOD  CONDUCT,  OR CERTIFICATE OF RELIEF FROM DISABILITIES. IN THE EVENT
SUCH STATE HAS NO SUCH EQUIVALENT FORM OF RELIEF, THE  PERSON  MAY,  FOR
GOOD CAUSE SHOWN TO THE AUTHORITY, BE FOUND ELIGIBLE TO TRAFFIC IN ALCO-
HOLIC BEVERAGES;
  (B)  PROVIDED  however  that a corporation which otherwise conforms to
the requirements of this section and chapter may be licensed if each  of
its principal officers and more than one-half of its directors are citi-
zens  of  the  United  States  or aliens lawfully admitted for permanent
residence in the United States; and provided further that a  corporation
organized  under the not-for-profit corporation law or the education law
which otherwise conforms to the requirements of this section and chapter
may be licensed if each of its principal officers and more than one-half
of its directors are not less than twenty-one years of age and  none  of
its  directors are less than eighteen years of age; and provided further
that a corporation organized under the not-for-profit corporation law or
the education law and located on the premises of a college as defined by
section two of  the  education  law  which  otherwise  conforms  to  the
requirements  of this section and chapter may be licensed if each of its

S. 7935                            24

principal officers and each of its directors are not less than  eighteen
years of age.
  S  25.  Paragraph  f of subdivision 6-a of section 51 of the alcoholic
beverage control law, as added by chapter 108 of the laws  of  2012,  is
amended to read as follows:
  (f)  if  it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such beer,
for consumption off the  premises,  during  such  tastings  in  premises
licensed  under sections sixty-four[, sixty-four-a,] AND eighty-one [and
eighty-one-a] of this chapter. Each such permit and the exercise of  the
privilege  granted thereby shall be subject to such rules and conditions
of the authority as it deems necessary.
  S 26. Subdivisions 1 and 2 of section 56-a of the  alcoholic  beverage
control  law, as amended by chapter 384 of the laws of 2013, are amended
to read as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of  four  hundred  dollars;  with
each  initial application for a license filed pursuant to section sixty-
three[,] OR sixty-four[, sixty-four-a or sixty-four-b] of this  chapter,
a filing fee of two hundred dollars; with each initial application for a
license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
[fifty-five-a,]  seventy-nine[,] OR eighty-one [or eighty-one-a] of this
chapter, a filing fee of one hundred dollars; with each initial applica-
tion for a permit filed pursuant to  section  ninety-one,  ninety-one-a,
ninety-two,  ninety-two-a,  ninety-three, ninety-three-a, if such permit
is to be issued on a  calendar  year  basis,  ninety-four,  ninety-five,
ninety-six  or  ninety-six-a,  or  pursuant to paragraph b, c, e or j of
subdivision one of section ninety-nine-b of this chapter if such  permit
is  to  be  issued  on  a  calendar year basis, or for an additional bar
pursuant to subdivision four of section one hundred of this  chapter,  a
filing  fee  of  twenty  dollars; and with each application for a permit
under section ninety-three-a of this chapter, other than a permit to  be
issued  on  a  calendar  year basis, section ninety-seven, ninety-eight,
ninety-nine, or ninety-nine-b of this chapter, other than a permit to be
issued pursuant to paragraph b, c, e or j of subdivision one of  section
ninety-nine-b  of this chapter on a calendar year basis, a filing fee of
ten dollars.
  2. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each renewal application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  fifty-eight-c, sixty-one, sixty-two, seventy-six or seven-
ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal application for a  license  filed  pursuant  to  section  sixty-
three[,]  OR sixty-four[, sixty-four-a or sixty-four-b] of this chapter,
a filing fee of ninety dollars; with  each  renewal  application  for  a
license  filed  pursuant  to  section  seventy-nine[,] OR eighty-one [or
eighty-one-a] of this chapter, a filing fee of twenty-five dollars;  and
with  each renewal application for a license or permit filed pursuant to
section fifty-three-a, fifty-four, fifty-five,  [fifty-five-a,]  ninety-
one,     ninety-one-a,     ninety-two,    ninety-two-a,    ninety-three,
ninety-three-a, if such permit is issued on a calendar year basis, nine-
ty-four, ninety-five, ninety-six or  ninety-six-a  of  this  chapter  or
pursuant  to subdivisions b, c, e or j of section ninety-nine-b, if such

S. 7935                            25

permit is issued on a calendar year basis, or with each renewal applica-
tion for an additional bar pursuant to subdivision four of  section  one
hundred of this chapter, a filing fee of thirty dollars.
  S  27.  Paragraph  f of subdivision 3-a of section 58 of the alcoholic
beverage control law, as added by chapter 384 of the laws  of  2013,  is
amended to read as follows:
  (f)  if  it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority  for  a  permit  to  sell  such
cider,  for  consumption off the premises, during such tastings in prem-
ises licensed under sections sixty-four[, sixty-four-a,] AND  eighty-one
[and eighty-one-a] of this chapter. Each such permit and the exercise of
the  privilege granted thereby shall be subject to such rules and condi-
tions of the authority as it deems necessary.
  S 28. Subdivision 4 of section 58-c of the alcoholic beverage  control
law,  as added by chapter 384 of the laws of 2013, is amended to read as
follows:
  4. A licensed farm cidery holding a tasting permit issued pursuant  to
subdivision  three  of  this  section  may  apply to the authority for a
permit to sell cider produced by such farm cidery, by the bottle, during
such tastings in premises licensed under  sections  sixty-four[,  sixty-
four-a,]  AND  eighty-one  [and eighty-one-a] of this chapter. Each such
permit and the exercise  of  the  privilege  granted  thereby  shall  be
subject to such rules and conditions of the authority as it deems neces-
sary.
  S  29.  Subdivision 10 of section 66 of the alcoholic beverage control
law, as added by chapter 331 of the laws of 2004, is amended to read  as
follows:
  10.  Notwithstanding any provision to the contrary, the annual fee for
a license for an establishment defined as  an  owner-occupied  residence
providing at least three but no more than five rooms for temporary tran-
sient lodgers with sleeping accommodations and a meal in the forenoon of
the day, known as a "bed and breakfast dwelling" as authorized by subdi-
vision [five-a] FIVE of section sixty-four of this article, shall be two
hundred dollars plus fifteen dollars per each available bedroom.
  S  30. Section 67 of the alcoholic beverage control law, as amended by
section 4 of part Z of chapter 85 of the laws of  2002,  is  amended  to
read as follows:
  S 67. License  fees,  duration  of  licenses;  fee  for  part of year.
Effective April first, nineteen hundred  eighty-three,  licenses  issued
pursuant  to  sections  sixty-one,  sixty-two,  sixty-three, sixty-four,
sixty-four-a and sixty-four-b of this article  shall  be  effective  for
three years at three times that annual fee, except that, in implementing
the  purposes  of  this section, the liquor authority shall schedule the
commencement dates, duration and expiration dates thereof to provide for
an equal cycle of  license  renewals  issued  under  each  such  section
through  the  course of the fiscal year. Effective December first, nine-
teen  hundred  ninety-eight,  licenses  issued  pursuant  to  [sections]
SECTION  sixty-four[,  sixty-four-a  and  sixty-four-b]  of this article
shall be effective for two years at two times that  annual  fee,  except
that, in implementing the purposes of this section, the liquor authority
shall  schedule  the  commencement  dates, duration and expiration dates
thereof to provide for an equal cycle of license renewals  issued  under
each such section through the course of the fiscal year. Notwithstanding
the  foregoing,  commencing  on December first, nineteen hundred ninety-
eight and concluding on July thirty-first, two thousand two, a  licensee
issued  a license pursuant to section sixty-four, sixty-four-a or sixty-

S. 7935                            26

four-b of this article may elect to remit the fee for  such  license  in
equal  annual  installments.  Such  installments  shall  be due on dates
established by the liquor authority and the failure  of  a  licensee  to
have  remitted  such  annual  installments  after  a due date shall be a
violation of this chapter. For licenses issued for less than the  three-
year  licensing  period,  the license fee shall be levied on a pro-rated
basis. The entire license fee shall be due and payable at  the  time  of
application. The liquor authority may make such rules as shall be appro-
priate to carry out the purpose of this section.
  S  31.  Paragraph a-1 of subdivision 3 and subdivision 5 of section 76
of the alcoholic beverage control law, as amended by chapter 221 of  the
laws of 2011, are amended to read as follows:
  (a-1) Any person having applied for and received a license as a winery
under  this section may conduct wine tastings of New York state labelled
wines and apply to the liquor  authority  for  a  permit  to  sell  wine
produced  by  such  winery by the bottle, during such tastings in estab-
lishments licensed under section sixty-four[, section sixty-four-a,]  OR
section  eighty-one  [or  section  eighty-one-a] of this chapter to sell
wine for consumption on the premises. Such winery may charge a fee of no
more than twenty-five cents for  each  wine  sample  tasted.  The  state
liquor  authority  shall promulgate rules and regulations regarding such
tastings as provided for in this subdivision.
  5. Notwithstanding any provision of this chapter to the contrary,  any
one or more winery licensees, singly or jointly, may apply to the liquor
authority  for a license or licenses to sell wine at retail for consump-
tion off the premises. For licensees applying singly,  the  duration  of
such  license  shall be coextensive with the duration of such licensee's
winery license, and the fee therefor shall be five  hundred  dollars  if
such  retail  premises  is  located in cities having a population of one
million or more; in cities having less than one million  population  and
more  than  one  hundred  thousand, two hundred fifty dollars; and else-
where, the sum of one hundred twenty-five dollars.  Such  license  shall
entitle  the  holder  thereof  to sell at retail for consumption off the
premises any New York state labelled wine. Such license shall also enti-
tle the holder thereof to conduct wine tastings.    Such  license  shall
also authorize the sale by the holder thereof of New York state labelled
wine,  in  sealed  containers  for  off-premises  consumption,  from the
specially licensed premises of any person licensed pursuant  to  section
[eighty-one-a]  EIGHTY-ONE  of  this  article to sell wine at retail for
consumption on premises in which the principal business is the operation
of a legitimate theater or such  other  lawful  adult  entertainment  or
recreational facility as the liquor authority may classify for eligibil-
ity  pursuant to subdivision [six] FIVE of section [sixty-four-a] SIXTY-
FOUR of this chapter. Not more than five such licenses shall be  issued,
either  singly  or jointly, to any licensed winery. All other provisions
of this chapter relative to licenses to sell wine at retail for consump-
tion off the premises shall apply so far as applicable to such  applica-
tion.  The  liquor authority is hereby authorized to adopt such rules as
it may deem necessary to carry out  the  purpose  of  this  subdivision,
provided  that all licenses issued pursuant to this subdivision shall be
subject to the same rules and regulations as are applicable to the  sale
of  wine at retail for consumption off the premises of the winery licen-
see.
  S 32. Paragraph b of subdivision 3 of section 76-a  of  the  alcoholic
beverage  control  law,  as added by chapter 221 of the laws of 2011, is
amended to read as follows:

S. 7935                            27

  (b) Any person having applied for and received a  license  as  a  farm
winery  under  this  section may conduct wine tastings of New York state
labelled wines and apply to the liquor authority for a  permit  to  sell
wine  produced  by such farm winery, by the bottle, during such tastings
in  establishments  licensed  under  [sections]  SECTION sixty-four [and
sixty-four-a] of this chapter and section eighty-one [or section  eight-
y-one-a]  of  this article to sell wine for consumption on the premises.
Such farm winery may charge a fee of no more than twenty-five cents  for
each  wine  sample  tasted.  The state liquor authority shall promulgate
rules and regulations regarding such tastings as provided  for  in  this
subdivision.
  S  33. Subdivision 3 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read  as
follows:
  3. A temporary retail permit under paragraph (b) of subdivision one of
this  section  may not be issued for any premises that is subject to the
provisions of section sixty-three[, paragraph  (b)]  OR  of  subdivision
[seven]  ELEVEN  of  section sixty-four[, subparagraph (ii) of paragraph
(a) of subdivision seven of section sixty-four-a, subparagraph  (ii)  of
paragraph  (a)  of subdivision eleven of section sixty-four-c, paragraph
(b) of subdivision eight of section sixty-four-d,] or  section  seventy-
nine of this chapter.
  S  34.  Subdivision 8 of section 100 of the alcoholic beverage control
law, as added by chapter 256 of the laws of 1978, and as  renumbered  by
chapter 466 of the laws of 2015, is amended to read as follows:
  8.  Within  ten  days after filing a new application to sell liquor at
retail under section  sixty-three[,]  OR  sixty-four[,  sixty-four-a  or
sixty-four-b]  of this chapter, a notice thereof, in the form prescribed
by the authority, shall be posted by  the  applicant  in  a  conspicuous
place at the entrance to the proposed premises. The applicant shall make
reasonable  efforts to insure such notice shall remain posted throughout
the pendency of the application. The provisions hereof shall apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules  it  may  deem  necessary  to
carry out the purpose of this subdivision.
  S  35.  The  opening  paragraph of subdivision 7 of section 101 of the
alcoholic beverage control law, as added by chapter 200 of the  laws  of
2014, is amended to read as follows:
  Notwithstanding  any other provision of law to the contrary, the state
liquor authority may issue a RETAIL ON-PREMISES  LIQUOR  license  [under
paragraph  (b) of subdivision five of section sixty-four-c of this chap-
ter] FOR A RESTAURANT-BREWERY to the Culinary Institute of America,  the
owner  and  operator  of  the  parcels  described  in  this subdivision,
notwithstanding that such beer brewed on its premises shall be  sold  to
restaurant licensees on its premises by said Culinary Institute of Amer-
ica  directly and not through a New York state licensed beer wholesaler.
The legal descriptions for the parcels identified as  the  site  are  as
follows:
  S  36.  Subdivision 2 of section 109 of the alcoholic beverage control
law, as amended by chapter 83 of the laws of 1995 and as  renumbered  by
chapter 560 of the laws of 2011, is amended to read as follows:
  2. The authority shall provide an application for renewal of a license
issued  under  section  sixty-four [or sixty-four-a] of this chapter not
less than sixty days prior to the expiration of the current license.

S. 7935                            28

  S 37. Subdivision 1 of section 110-a of the alcoholic beverage control
law, as added by chapter 77 of the laws of 1999, is amended to  read  as
follows:
  1.  Every  person  applying  for a license to sell alcoholic beverages
pursuant to subdivision four of section fifty-one, [or]  section  fifty-
five, sixty-four[, sixty-four-a, sixty-four-c,] OR eighty-one [or eight-
y-one-a] of this chapter shall publish notice thereof pursuant to subdi-
vision two of this section.
  S 38. Subdivision 1 of section 110-b of the alcoholic beverage control
law,  as  amended by chapter 560 of the laws of 2011, is amended to read
as follows:
  1. Not less than thirty days before filing any of the following appli-
cations, an applicant shall notify the municipality in which  the  prem-
ises is located of such applicant's intent to file such an application:
  (a)   for   a   license   issued   pursuant   to  section  fifty-five,
[fifty-five-a,] sixty-four[, sixty-four-a,  sixty-four-b,  sixty-four-c,
sixty-four-d,] OR eighty-one [or eighty-one-a] of this chapter;
  (b)  for a renewal under section one hundred nine of this chapter of a
license issued pursuant to section  fifty-five,  [fifty-five-a,]  sixty-
four[,  sixty-four-a,  sixty-four-c,  sixty-four-d,]  OR  eighty-one [or
eighty-one-a] of this chapter if the premises is located within the city
of New York;
  (c) for approval of an alteration under section ninety-nine-d of  this
chapter  if  the  premises  is  located  within the city of New York and
licensed pursuant to section  fifty-five,  [fifty-five-a,]  sixty-four[,
sixty-four-a,    sixty-four-c,    sixty-four-d,]   OR   eighty-one   [or
eighty-one-a] of this chapter; or
  (d) for approval of a substantial corporate change under section nine-
ty-nine-d of this chapter if the premises is located within the city  of
New  York  and  licensed pursuant to section fifty-five, [fifty-five-a,]
sixty-four[, sixty-four-a, sixty-four-c,  sixty-four-d,]  OR  eighty-one
[or eighty-one-a] of this chapter.
  S  39.  Paragraph (a) of subdivision 1 of section 123 of the alcoholic
beverage control law, as amended by chapter 637 of the laws of 1980,  is
amended to read as follows:
  (a) If any person shall engage or participate or be about to engage or
participate in the manufacturing or sale of liquor, wine or beer in this
state without obtaining the appropriate license therefor, or shall traf-
fic  in  liquor, wine or beer contrary to any provision of this chapter,
or otherwise unlawfully, or shall traffic in  illegal  liquor,  wine  or
beer, or, operating a place for profit or pecuniary gain, with a capaci-
ty  for  the assemblage of twenty or more persons, shall permit a person
or persons to come to such place of assembly for the purpose of  consum-
ing  alcoholic beverages without having the appropriate license therefor
FOR A BOTTLE CLUB pursuant to section [sixty-four-b] SIXTY-FOUR of  this
chapter,  the  liquor  authority  or  any taxpayer residing in the city,
village or town in which such activity is or is about to be  engaged  or
participated in or such traffic is being conducted, or the city, town or
village,  may  present  a verified petition or complaint to a justice of
the supreme court at a special term of the supreme court of the judicial
district in which such city, village or town is situated, for  an  order
enjoining such person engaging or participating in such activity or from
carrying  on  such business.  Such petition or complaint shall state the
facts upon which such application is based. Upon the presentation of the
petition or complaint, the justice or court shall grant an order requir-
ing such person to appear before such justice or court at  or  before  a

S. 7935                            29

special  term  of the supreme court in such judicial district on the day
specified therein, not more than ten days after the granting thereof, to
show cause why such person  should  not  be  permanently  enjoined  from
engaging  or  participating  in  such  activity or from carrying on such
business, or why such person should not be  enjoined  from  carrying  on
such business contrary to the provisions of this chapter. A copy of such
petition  or complaint and order shall be served upon the person, in the
manner directed by such order, not  less  than  three  days  before  the
return  day thereof.  On the day specified in such order, the justice or
court before whom the same is returnable shall hear the  proofs  of  the
parties  and  may,  if  deemed  necessary  or  proper, take testimony in
relation to the allegations of the petition or complaint. If the justice
or court is satisfied that such person is about to engage or participate
in the unlawful traffic in alcoholic beverages or has  unlawfully  manu-
factured  or sold liquor, wine or beer without having obtained a license
or contrary to the provisions of this  chapter,  or  has  trafficked  in
illegal  liquor,  wine  or beer, or, is operating or is about to operate
such place for profit or pecuniary gain, with  such  capacity,  and  has
permitted  or  is  about  to  permit a person or persons to come to such
place of assembly for the purpose of consuming alcoholic beverages with-
out having such appropriate license, an order shall be granted enjoining
such person from thereafter engaging or participating in or carrying  on
such  activity  or business. If, after the entry of such an order in the
county clerk's office of the county in  which  the  principal  place  of
business of the corporation or copartnership is located, or in which the
individual  so  enjoined  resides  or  conducts  such  business, and the
service of a copy thereof upon such person, or such substituted  service
as  the  court  may direct[,]; such person, copartnership or corporation
shall, in violation of such order, manufacture or sell liquor,  wine  or
beer, or illegal liquor, wine, or beer, or permit a person or persons to
come  to  such  place of assembly for the purpose of consuming alcoholic
beverages, such activity shall be deemed a  contempt  of  court  and  be
punishable in the manner provided by the judiciary law, and, in addition
to  any  such  punishment, the justice or court before whom or which the
petition or complaint is heard, may, in his or its discretion, order the
seizure and forfeiture of any liquor, wine or  beer  and  any  fixtures,
equipment  and supplies used in the operation or promotion of such ille-
gal activity, including any bar, bar or refrigeration equipment, vending
machines, gaming machines and jukeboxes,  and  such  property  shall  be
subject  to  forfeiture pursuant to the provisions of subdivision two of
this section.  Costs upon the application for  such  injunction  may  be
awarded  in  favor of and against the parties thereto in such sums as in
the discretion of the justice or court before whom or which the petition
or complaint is heard may seem proper.
  S 40. Section 55-a of the alcoholic beverage control law is REPEALED.
  S 41. Section 64-a of the alcoholic beverage control law is REPEALED.
  S 42. Section 64-b of the alcoholic beverage control law is REPEALED.
  S 43. Section 64-c of the alcoholic beverage control law is REPEALED.
  S 44. Section 64-d of the alcoholic beverage control law is REPEALED.
  S 45. Section 81-a of the alcoholic beverage control law is REPEALED.
  S 46. The alcoholic beverage control law is amended by  adding  a  new
section 165 to read as follows:
  S 165. SAVINGS CLAUSE ON REPEAL OF CERTAIN LICENSING SECTIONS.  1. THE
REPEAL  OF  SECTION FIFTY-FIVE-A BY THE CHAPTER OF THE LAWS OF TWO THOU-
SAND SIXTEEN THAT ADDED THIS SECTION SHALL NOT OPERATE OR  BE  CONSTRUED
TO  INVALIDATE  OR  AFFECT  ANY  LICENSE  PREVIOUSLY  ISSUED  UNDER SUCH

S. 7935                            30

SECTION. UPON THE EFFECTIVE DATE OF SUCH CHAPTER  OF  THE  LAWS  OF  TWO
THOUSAND  SIXTEEN, PREMISES LICENSED UNDER SUCH SECTIONS SHALL BE DEEMED
TO BE LICENSED PURSUANT TO SECTION FIFTY-FIVE OF THIS CHAPTER.
  2.  THE  REPEAL  OF  SECTIONS  SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B,
SIXTY-FOUR-C AND SIXTY-FOUR-D BY THE CHAPTER OF THE LAWS OF TWO THOUSAND
SIXTEEN THAT ADDED THIS SECTION SHALL NOT OPERATE  OR  BE  CONSTRUED  TO
INVALIDATE  OR  AFFECT ANY LICENSE PREVIOUSLY ISSUED UNDER SUCH SECTION.
UPON THE EFFECTIVE DATE OF SUCH CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
SIXTEEN,  PREMISES  LICENSED  UNDER  SUCH SECTIONS SHALL BE DEEMED TO BE
LICENSED PURSUANT TO SECTION SIXTY-FOUR AS ENACTED BY THIS CHAPTER.
  3. THE REPEAL OF SECTION EIGHTY-ONE-A BY THE CHAPTER OF  THE  LAWS  OF
TWO  THOUSAND  SIXTEEN  THAT  ADDED THIS SECTION SHALL NOT OPERATE OR BE
CONSTRUED TO INVALIDATE OR AFFECT ANY LICENSE  PREVIOUSLY  ISSUED  UNDER
SUCH SECTION. UPON THE EFFECTIVE DATE OF SUCH CHAPTER OF THE LAWS OF TWO
THOUSAND  SIXTEEN, PREMISES LICENSED UNDER SUCH SECTIONS SHALL BE DEEMED
TO BE LICENSED PURSUANT TO SECTION EIGHTY-ONE OF THIS CHAPTER.
  S 47. The opening paragraph of section 270 of the  executive  law,  as
amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
follows:
  The head of the alcoholic beverage control division shall be the state
liquor authority [which] WHOSE MEMBERS shall consist of [three  members,
who  shall  be known as commissioners] A CHAIRMAN AND TWO COMMISSIONERS,
who shall be appointed by the governor,  by  and  with  the  advice  and
consent  of the senate[, and one of whom shall be designated as chairman
by the governor].
  S 48. Sections 271 and 273  of  the  executive  law,  section  273  as
amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
follows:
  S 271. Salaries; expenses. [The] IN ADDITION TO THEIR RESPECTIVE SALA-
RY AS FIXED BY LAW, THE chairman and the other  [members]  COMMISSIONERS
of  the  authority  shall  [receive a salary to be fixed by the governor
within the amounts appropriated therefor. Each member of  the  authority
shall] also be entitled to [his] THEIR expenses actually and necessarily
incurred by [him] THEM in the performance of [his] THEIR duties.
  S 273. Vacancies;  quorum.  (A)  In  the  event of a vacancy caused by
death,  resignation,  removal  or   disability   of   [any   member]   A
COMMISSIONER,  the  vacancy  shall be filled by the governor by and with
the advice and consent of the senate for the unexpired term.
  (B) IN THE EVENT OF  A  VACANCY  CAUSED  BY  THE  DEATH,  RESIGNATION,
REMOVAL  OR  DISABILITY  OF THE CHAIRMAN, THE VACANCY SHALL BE FILLED BY
THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE  SENATE  FOR  THE
UNEXPIRED TERM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE GOVERNOR
SHALL  DESIGNATE  ONE  OF  THE COMMISSIONERS TO SERVE AS ACTING CHAIRMAN
UNTIL THE APPOINTMENT AND QUALIFICATION OF A SUCCESSOR CHAIRMAN.
  (C) A majority of the members of  the  authority  shall  constitute  a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
  S  49.  This  act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to  section  17  of  the
alcoholic  beverage  control law made by section three of this act shall
be subject to the expiration and reversion of such section  pursuant  to
section 4 of chapter 118 of the laws of 2012, as amended, when upon such
date the provisions of section four of this act shall take effect.