NY State Senate Bill 2015-S6603A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2016	referred to economic development delivered to assembly passed senate
May 03, 2016	amended on third reading 6603b
Apr 11, 2016	advanced to third reading
Apr 06, 2016	2nd report cal.
Apr 05, 2016	1st report cal.535
Mar 01, 2016	print number 6603a
Mar 01, 2016	amend and recommit to investigations and government operations
Jan 29, 2016	referred to investigations and government operations

Votes

- May 9, 2016 - Floor Vote
  S6603A
  
  54
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  8
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2016
      
      aye (54)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      absent (1)
      
      Parker
      
      excused (8)
      
      Diaz
      
      Hamilton
      
      Hoylman-Sigal
      
      Larkin
      
      Nozzolio
      
      Ortt
      
      Sanders Jr.
      
      Seward
  Apr 5, 2016 - Investigations And Government Operations Committee Vote
  S6603A
  
  7
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 5, 2016
      
      aye (7)
      
      Carlucci
      
      Golden
      
      Hoylman-Sigal
      
      Lanza
      
      Murphy
      
      O'Mara
      
      Squadron
      
      nay (1)
      
      Diaz
      
      excused (1)
      
      Nozzolio

Bill Amendments

Original

B (Active)

2015-S6603 - Details

See Assembly Version of this Bill:: A9493
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2017-2018 Legislative Session:: S2561

2015-S6603 - Summary

Relates to licenses to sell at retail for consumption on the premises.

2015-S6603 - Sponsor Memo

                                 BILL NUMBER:  S6603

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to licenses to sell at retail for consumption on the
premises

 PURPOSE :

The purpose of this legislation is to allow Cosmoledo, operating as
Maison Kayser, to apply for a beer and wine license at one of its
locations in New York City.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 106 of the Alcoholic Beverage
Control Law is amended by adding a new subdivision 13-a that
specifically exempts one location New York City from the prohibition
against a manufacturer applying a beer and wine on premises license.
In addition, this legislation will prohibit the sale of any alcoholic
beverage(s) manufactured or sold at wholesale by any business in which
the applicant has any direct or indirect interest.

Section two of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Maison Kayser is a French bakery with multiple locations in Manhattan.
The company started in Paris and has expanded globally to locations as
diverse and as distant as Moscow and Hong Kong. There are currently
seven (7) New York City locations and it is anticipated that another
five (5) will be added over the course of the next twelve (12) months.

Additionally, Maison Kayser is making a large investment in the South
Bronx. They are currently constructing a 20,000 square foot baking
facility at 711 East 135th Street in the Bronx to service their Cafes
in Manhattan. This facility has received funding from the Governor's
regional council including low cost power through RechargeNY. They are
also considering purchasing another property across the street at 688
East 135th Street, which will add an additional 20,000 square feet. In
2016, Maison Kayser has doubled the number of stores it operates in
New York City and will employ at least 1000 full time people, with
over 250 in the Bronx by the end of this year.  Maison Kayser receives
training grants from the State. These grants can and will be used to
train and hire new employees from the Bronx.  Maison Kayser expects
that there will be over 400 employees at the Bronx commissary by the
end of 2016. When the second commissary is constructed across the
street, that there will be an additional 400 new jobs in the South
Bronx.

The "tied house rule" is an outdated, Prohibition era relic of New
York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the Prohibition era to essentially
encourage competition, one of its clear impacts today is to prevent
high quality, healthy, full service restaurants from opening and
creating jobs.

It is important to note the exemption sought would be strictly limited
to one location and Maison Kayser or any of its affiliates or assigns
not be able to sell their own products. Moreover, these amendments do
nothing to change the requirements set out by the State Liquor
Authority in granting a license. Maison Kayser would still need to
apply for a license and meet all requirements for licensure.

 LEGISLATIVE HISTORY :

2015: S.4919 - Passed the Senate

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Substantial increase in sales tax revenues and increased employment

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6603 - Bill Text download pdf

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

                                  6603

                            I N  S E N A T E

                            January 29, 2016
                               ___________

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

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  licenses to sell at retail for consumption on the premises

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

  Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 13-a to read as follows:
  13-A.  (A)  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION THIRTEEN OF
THIS SECTION THE STATE  LIQUOR  AUTHORITY  MAY  ISSUE  A  LICENSE  UNDER
SECTION  EIGHTY-ONE-A OF THIS CHAPTER TO THE OWNER, LESSOR AND/OR OPERA-
TOR OF PARCEL OR PARCELS DESCRIBED IN THIS PARAGRAPH:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF  LAND,  SITUATE,  LYING  AND
BEING  IN  THE BOROUGH OF MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT THE CORNER FORMED BY THE  INTERSECTION  OF  THE  EASTERLY
SIDE OF 3RD AVENUE WITH THE SOUTHERLY SIDE OF EAST 87TH STREET;
  RUNNING  THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF EAST 87TH STREET,
125 FEET;
  THENCE SOUTHERLY AND PARALLEL WITH 3RD AVENUE, 100 FEET  8-1/2  INCHES
TO THE CENTER LINE OF THE BLOCK;
  THENCE WESTERLY ALONG SAID CENTER LINE ON THE BLOCK, 25 FEET;
  THENCE SOUTHERLY AND PARALLEL WITH 3RD AVENUE, 22 FEET 8-1/2 INCHES;
  THENCE  WESTERLY  AND  PARALLEL WITH EAST 87TH STREET, 100 FEET TO THE
EASTERLY SIDE OF 3RD AVENUE;
  THENCE NORTHERLY ALONG THE SAID EASTERLY SIDE OF 3RD AVENUE, 123  FEET
5 INCHES TO THE POINT OR PLACE OF BEGINNING.
  (B)  PROVIDED,  HOWEVER,  THAT  THE OWNER, LESSOR AND/OR OPERATOR OF A
LICENSED PREMISES DESCRIBED IN PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IS
PROHIBITED  FROM SELLING ANY ALCOHOLIC BEVERAGES MANUFACTURED OR SOLD AT
WHOLESALE BY ANY BUSINESS THAT IT HAS ANY DIRECT  OR  INDIRECT  INTEREST
IN.
  S 2. This act shall take effect immediately.

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

                                                           LBD13607-02-6

2015-S6603A - Details

See Assembly Version of this Bill:: A9493
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2017-2018 Legislative Session:: S2561

2015-S6603A - Summary

Relates to licenses to sell at retail for consumption on the premises.

2015-S6603A - Sponsor Memo

                                 BILL NUMBER:  S6603A

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
licenses to sell at retail for consumption on the premises

 PURPOSE :

The purpose of this legislation is to allow Cosmoledo, operating as
Maison Kayser, to apply for a beer and wine license at one of its
locations in New York City.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 106 of the Alcoholic Beverage
Control Law by adding a new subdivision 13-a that specifically exempts
one location New York City from the prohibition against a manufacturer
applying a beer and wine on premises license. In addition, this
legislation will prohibit the sale of any alcoholic beverage(s)
manufactured or sold at wholesale by any business in which the
applicant has any direct or indirect interest.

Section two of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Maison Kayser is a French bakery with multiple locations in Manhattan.
The company started in Paris and has expanded globally to locations as
diverse and as distant as Moscow and Hong Kong. There are currently
seven (7) New York City locations and it is anticipated that another
five (5) will be added over the course of the next twelve (12) months.

Additionally, Maison Kayser is making a large investment in the South
Bronx. They are currently constructing a 20,000 square foot baking
facility at 711 East 135th Street in the Bronx to service their Cafes
in Manhattan. This facility has received funding from the Governor's
regional council including low cost power through RechargeNY. They are
also considering purchasing another property across the street at 688
East 135th Street, which will add an additional 20,000 square feet. In
2016, Maison Kayser has doubled the number of stores it operates in
New York City and will employ at least 1000 full time people, with
over 250 in the Bronx by the end of this year.

Maison Kayser receives training grants from the State. These grants
can and will be used to train and hire new employees from the Bronx.
Maison Kayser expects that there will be over 400 employees at the
Bronx commissary by the end of 2016. When the second commissary is
constructed across the street, that there will be an additional 400
new jobs in the South Bronx.

The "tied house rule" is an outdated, Prohibition era relic of New
York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the Prohibition era to essentially
encourage competition, one of its clear impacts today is to prevent
high quality, healthy, full service restaurants from opening and
creating jobs.

It is important to note the exemption sought would be strictly limited
to one location and Maison Kayser or any of its affiliates or assigns
not be able to sell their own products. Moreover, these amendments do
nothing to change the requirements set out by the State Liquor

Authority in granting a license. Maison Kayser would still need to
apply for a license and meet all requirements for licensure.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Substantial increase in sales tax revenues and increased employment

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6603A - Bill Text download pdf

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

                                 6603--A

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  licenses to sell at retail for consumption on the premises

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

  Section  1.  Section  106  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 13-a to read as follows:
  13-A. (A) NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISION  THIRTEEN  OF
THIS  SECTION  THE  STATE  LIQUOR  AUTHORITY  MAY  ISSUE A LICENSE UNDER
SECTION EIGHTY-ONE-A OF THIS CHAPTER TO THE OWNER, LESSOR AND/OR  OPERA-
TOR OF PARCEL OR PARCELS DESCRIBED IN THIS PARAGRAPH:
  ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND WITH THE BUILDINGS AND
IMPROVEMENTS  THEREON  ERECTED, SITUATE, LYING, AND BEING IN THE CITY OF
NEW YORK, COUNTY OF KINGS AND STATE OF NEW YORK, AND  MORE  PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
  THE  CONDOMINIUM  UNIT  (HEREINAFTER REFERRED TO AS THE "UNIT") IN THE
BUILDING (HEREINAFTER REFERRED TO AS THE "BUILDING") KNOWN AS 210  JORA-
LEMON  STREET  CONDOMINIUM  AND  BY  THE STREET NUMBER 208-230 JORALEMON
STREET A/K/A 45-63 COURT STREET, COUNTY OF KINGS,  STATE  OF  NEW  YORK,
SAID UNIT BEING DESIGNATED AND DESCRIBED AS RETAIL UNIT (RU) IN A DECLA-
RATION  DATED  4/18/1.2  MADE  BY  THE  CITY  OF NEW YORK, ACTING BY AND
THROUGH ITS DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, PURSUANT  TO
ARTICLE  9-B  OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK (HEREIN-
AFTER REFERRED TO AS THE "CONDOMINIUM  ACT")  ESTABLISHING  A  PLAN  FOR
CONDOMINIUM OWNERSHIP OF THE BUILDING AND THE LAND (HEREINAFTER REFERRED
TO AS THE "LAND") UPON WHICH THE BUILDING IS SITUATE (WHICH LAND IS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ANNEXED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF), WHICH DECLARATION WAS RECORDED IN THE OFFICE OF THE
CITY  REGISTER  OF THE CITY OF NEW YORK, COUNTY OF KINGS, ON 4/24/12, AS
CRFN 2012000163630, AS AMENDED BY FIRST AMENDMENT TO  DECLARATION  DATED
7/9/13 AND RECORDED 8/14/13 AS CRFN 2013000321931 (WHICH DECLARATION AND

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

                                                           LBD13607-04-6

S. 6603--A                          2

AMENDMENTS (IF APPLICABLE) THERETO ARE HEREINAFTER COLLECTIVELY REFERRED
TO  AS  THE "DECLARATION"). THIS UNIT IS ALSO DESIGNATED AS TAX LOT 1002
IN BLOCK 266 OF THE COUNTY OF KINGS ON THE TAX MAP OF THE REAL  PROPERTY
ASSESSMENT  DEPARTMENT AND ON THE FLOOR PLANS OF THE BUILDING, CERTIFIED
BY SHERIDA E. PAULSON, ARCHITECTS, ON 439/12 AND  FILED  WITH  THE  REAL
PROPERTY  ASSESSMENT DEPARTMENT ON 4/20/12 AS CONDOMINIUM PLAN NO.  3197
AND ALSO FILED IN THE OFFICE OF THE CITY REGISTER OF  THE  CITY  OF  NEW
YORK, COUNTY OF KINGS, ON 4/24/12 AS CONDOMINIUM MAP NO.  2012000163631.
  TOGETHER  WITH  AN UNDIVIDED 10.5% INTEREST IN THE COMMON ELEMENTS (AS
SUCH TERM IS DEFINED IN THE DECLARATION).
  TOGETHER WITH AND  SUBJECT  TO  THE  RIGHTS,  OBLIGATIONS,  EASEMENTS,
RESTRICTIONS  AND  OTHER  PROVISIONS SET FORTH IN THE DECLARATION, FLOOR
PLANS AND THE BY-LAWS OF 210 JORALEMON STREET CONDOMINIUM, AS  THE  SAME
MAY  BE  AMENDED  FROM  TIME  TO  TIME  (HEREIN AFTER REFERRED TO AS THE
"BY-LAWS"), ALL OF WHICH SHALL CONSTITUTE  COVENANTS  RUNNING  WITH  THE
LAND AND SHALL BIND ANY PERSON HAVING AT ANY TIME ANY INTEREST OR ESTATE
IN THE UNIT, AS THOUGH RECITED AND STIPULATED AT LENGTH HEREIN.
  THE  LAND ON WHICH THE BUILDING AND UNIT IS LOCATED IS SITUATED IN THE
COUNTY OF KINGS AND STATE OF NEW YORK AND IS MORE FULLY DESCRIBED IN THE
DECLARATION OF CONDOMINIUM RECORDED IN THE OFFICE OF THE  CITY  REGISTER
OF  THE  CITY  OF  NEW  YORK,  COUNTY  OF  KINGS,  ON  4/24/12,  AS CRFN
2012000163630, AS AMENDED.
  ALL THAT CERTAIN, PLOT, PIECE OR PARCEL OF LAND,  SITUATE,  LYING  AND
BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS AND STATE OF NEW YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT  THE  CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY
SIDE OF JORALEMON STREET WITH THE EASTERLY SIDE OF COURT STREET;
  RUNNING THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF JORALEMON  STREET,
A DISTANCE OF 273 FEET 9 INCHES OF THE LANDS NOW OF FORMERLY OF BROOKLYN
LAW SCHOOL;
  THENCE  SOUTHERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES
24 MINUTES 15 SECONDS WITH THE LAST MENTIONED LINE AND RUNNING ALONG THE
WESTERLY SIDE OF LANDS  NOW  OR  FORMERLY  OF  BROOKLYN  LAW  SCHOOL,  A
DISTANCE OF 179 FEET 7-3/4 INCHES;
  THENCE  EASTERLY  ALONG A LINE FORMING AN EXTERIOR ANGLE OF 97 DEGREES
19 MINUTES 37 SECONDS WITH THE LAST MENTIONED LINE AND RUNNING ALONG THE
SOUTHERLY LINE OF LANDS  NOW  OR  FORMERLY  OF  BROOKLYN  LAW  SCHOOL  A
DISTANCE OF 13 FEET 3 5/8 INCHES;
  THENCE  SOUTHERLY  AT  RIGHT  ANGLES  TO  THE  LAST MENTIONED LINE AND
CONTINUING ALONG THE WESTERLY LINE OF LANDS NOW OF FORMERLY OF  BROOKLYN
LAW  SCHOOL  A DISTANCE OF 3 FEET 11 3/4 INCHES TO LANDS NOW OR FORMERLY
OF 111 LIVINGSTON LLC;
  THENCE SOUTHERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 90  DEGREES
36  MINUTES  24 SECONDS WITH THE NORTHERLY SIDE OF LIVINGSTON STREET AND
RUNNING ALONG THE WESTERLY LINE OF LANDS NOW OR FORMERLY OF 111  LIVING-
STON  LLC,  A  DISTANCE  164  FEET  1/8  INCHES TO THE NORTHERLY SIDE OF
LIVINGSTON STREET;
  THENCE WESTERLY ALONG  THE  NORTHERLY  SIDE  OF  LIVINGSTON  STREET  A
DISTANCE  OF  36 FEET 2 INCHES TO LANDS NOW OR FORMERLY OF 85 LIVINGSTON
TENANTS CORP;
  THENCE NORTHERLY ALONG A LINE FORMING AN EXTERIOR ANGLE OF 90  DEGREES
48  MINUTES  WITH  THE  LAST MENTIONED COURSE AND ALONG THE LANDS NOW OR
FORMERLY OF 85 LIVINGSTON TENANTS CORP A DISTANCE, 150 FEET;
  THENCE WESTERLY ALONG A LINE FORMING AN EXTERIOR ANGLE OF  89  DEGREES
12  MINUTES  WITH  THE  LAST MENTIONED COURSE AND ALONG THE LANDS NOW OR
FORMERLY OF 85 LIVINGSTON TENANTS CORP AND CONTINUING  ALONG  THE  LANDS

S. 6603--A                          3

NOW  OR  FORMERLY  OF THE NEW YORK CITY BOARD OF EDUCATION A DISTANCE OF
221 FEET 2 INCHES;
  THENCE  SOUTHERLY ON A LINE FORMING AN EXTERIOR ANGLE OF 90 DEGREES 40
MINUTES WITH THE LAST MENTIONED  COURSE  AND  ALONG  THE  LANDS  NOW  OR
FORMERLY  OF  THE  NEW  YORK  CITY BOARD OF EDUCATION A DISTANCE 23 FEET
4-1/2 INCHES;
  THENCE WESTERLY ON A TINE FORMING AN INTERIOR ANGLE OF 90  DEGREES  34
MINUTES  05  SECONDS WITH THE LAST MENTIONED COURSE AND CONTINUING ALONG
THE LANDS NOW OR FORMERLY OF THE NEW YORK  CITY  BOARD  OF  EDUCATION  A
DISTANCE 50 FEET TO THE EASTERLY SIDE OF COURT STREET; AND
  THENCE  NORTHERLY  ALONG THE EASTERLY SIDE OF COURT STREET, 180 FEET 3
INCHES TO THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF
JORALEMON STREET WITH THE EASTERLY SIDE OF COURT  STREET  THE  POINT  OR
PLACE OF BEGINNING.
  S 2. This act shall take effect immediately.

2015-S6603B (ACTIVE) - Details

See Assembly Version of this Bill:: A9493
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2017-2018 Legislative Session:: S2561

2015-S6603B (ACTIVE) - Summary

Relates to licenses to sell at retail for consumption on the premises.

2015-S6603B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6603B

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to licenses to sell at retail for consumption on the
premises

 PURPOSE :

The purpose of this legislation is to allow Cosmoledo, operating as
Maison Kayser, to apply for a beer and wine license at one of its
locations in New York City.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 106 of the Alcoholic Beverage
Control Law by adding a new subdivision 13-a that specifically exempts
one location New York City from the prohibition against a manufacturer
applying a beer and wine on premises license. In addition, this
legislation will prohibit the sale of any alcoholic beverage(s)
manufactured or sold at wholesale by any business in which the
applicant has any direct or indirect interest.

Section two of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Maison Kayser is a French bakery with multiple locations in Manhattan.
The company started in Paris and has expanded globally to locations as
diverse and as distant as Moscow and Hong Kong. There are currently
ten (10) New York City locations and it is anticipated that another
three (3) will be added over the course of the next twelve (12)
months.

Additionally, Maison Kayser is making a large investment in the South
Bronx. They are currently constructing a 20,000 square foot baking
facility at 711 East 135th Street in the Bronx to service their Cafes
in Manhattan. This facility has received funding from the Governor's
regional council including low cost power through RechargeNY. They are
also considering purchasing another property across the street at 688
East 135th Street, which will add an additional 20,000 square feet. In
2016, Maison Kayser has doubled the number of stores it operates in
New York City and will employ at least 1000 full time people, with
over 250 in the Bronx by the end of this year.

Maison Kayser receives training grants from the State. These grants
can and will be used to train and hire new employees from the Bronx.
Maison Kayser expects that there will be over 400 employees at the
Bronx commissary by the end of 2016. When the second commissary is
constructed across the street, that there will be an additional 400
new jobs in the South Bronx.

The "tied house rule" is an outdated, Prohibition era relic of New
York's liquor laws that has not kept pace with the times and is
significantly restricting economic development, consumer choice and
job creation in many New York State and New York City neighborhoods.
While this law was created during the Prohibition era to essentially
encourage competition, one of its clear impacts today is to prevent
high quality, healthy, full service restaurants from opening and
creating jobs.

It is important to note the exemption sought would be strictly limited
to one location and Maison Kayser or any of its affiliates or assigns
not be able to sell their own products. Moreover, these amendments do
nothing to change the requirements set out by the State Liquor

Authority in granting a license. Maison Kayser would still need to
apply for a license and meet all requirements for licensure.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Substantial increase in sales tax revenues and increased employment

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6603B (ACTIVE) - Bill Text download pdf

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

                                 6603--B
    Cal. No. 535

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  licenses to sell at retail for consumption on the premises

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

  Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 13-a to read as follows:
  13-A.  (A)  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION THIRTEEN OF
THIS SECTION THE STATE  LIQUOR  AUTHORITY  MAY  ISSUE  A  LICENSE  UNDER
SECTION  EIGHTY-ONE-A OF THIS CHAPTER TO THE OWNER, LESSOR AND/OR OPERA-
TOR OF PARCEL OR PARCELS DESCRIBED IN THIS PARAGRAPH:
  ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING, AND BEING IN THE  CITY  OF
NEW  YORK,  COUNTY OF KINGS AND STATE OF NEW YORK, AND MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
  THE CONDOMINIUM UNIT (HEREINAFTER REFERRED TO AS THE  "UNIT")  IN  THE
BUILDING  (HEREINAFTER REFERRED TO AS THE "BUILDING") KNOWN AS 210 JORA-
LEMON STREET CONDOMINIUM AND BY  THE  STREET  NUMBER  208-230  JORALEMON
STREET  A/K/A  45-63  COURT  STREET, COUNTY OF KINGS, STATE OF NEW YORK,
SAID UNIT BEING DESIGNATED AND DESCRIBED AS RETAIL UNIT (RU) IN A DECLA-
RATION DATED 4/18/1.2 MADE BY THE  CITY  OF  NEW  YORK,  ACTING  BY  AND
THROUGH  ITS DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, PURSUANT TO
ARTICLE 9-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW  YORK  (HEREIN-
AFTER  REFERRED  TO  AS  THE  "CONDOMINIUM ACT") ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF THE BUILDING AND THE LAND (HEREINAFTER REFERRED
TO AS THE "LAND") UPON WHICH THE BUILDING IS SITUATE (WHICH LAND IS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ANNEXED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF), WHICH DECLARATION WAS RECORDED IN THE OFFICE OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13607-06-6

S. 6603--B                          2

CITY REGISTER OF THE CITY OF NEW YORK, COUNTY OF KINGS, ON  4/24/12,  AS
CRFN  2012000163630,  AS AMENDED BY FIRST AMENDMENT TO DECLARATION DATED
7/9/13 AND RECORDED 8/14/13 AS CRFN 2013000321931 (WHICH DECLARATION AND
AMENDMENTS (IF APPLICABLE) THERETO ARE HEREINAFTER COLLECTIVELY REFERRED
TO  AS  THE "DECLARATION"). THIS UNIT IS ALSO DESIGNATED AS TAX LOT 1002
IN BLOCK 266 OF THE COUNTY OF KINGS ON THE TAX MAP OF THE REAL  PROPERTY
ASSESSMENT  DEPARTMENT AND ON THE FLOOR PLANS OF THE BUILDING, CERTIFIED
BY SHERIDA E. PAULSON, ARCHITECTS, ON 439/12 AND  FILED  WITH  THE  REAL
PROPERTY  ASSESSMENT DEPARTMENT ON 4/20/12 AS CONDOMINIUM PLAN NO.  3197
AND ALSO FILED IN THE OFFICE OF THE CITY REGISTER OF  THE  CITY  OF  NEW
YORK, COUNTY OF KINGS, ON 4/24/12 AS CONDOMINIUM MAP NO.  2012000163631.
  TOGETHER  WITH  AN UNDIVIDED 10.5% INTEREST IN THE COMMON ELEMENTS (AS
SUCH TERM IS DEFINED IN THE DECLARATION).
  TOGETHER WITH AND  SUBJECT  TO  THE  RIGHTS,  OBLIGATIONS,  EASEMENTS,
RESTRICTIONS  AND  OTHER  PROVISIONS SET FORTH IN THE DECLARATION, FLOOR
PLANS AND THE BY-LAWS OF 210 JORALEMON STREET CONDOMINIUM, AS  THE  SAME
MAY  BE  AMENDED  FROM  TIME  TO  TIME  (HEREIN AFTER REFERRED TO AS THE
"BY-LAWS"), ALL OF WHICH SHALL CONSTITUTE  COVENANTS  RUNNING  WITH  THE
LAND AND SHALL BIND ANY PERSON HAVING AT ANY TIME ANY INTEREST OR ESTATE
IN THE UNIT, AS THOUGH RECITED AND STIPULATED AT LENGTH HEREIN.
  THE  LAND ON WHICH THE BUILDING AND UNIT IS LOCATED IS SITUATED IN THE
COUNTY OF KINGS AND STATE OF NEW YORK AND IS MORE FULLY DESCRIBED IN THE
DECLARATION OF CONDOMINIUM RECORDED IN THE OFFICE OF THE  CITY  REGISTER
OF  THE  CITY  OF  NEW  YORK,  COUNTY  OF  KINGS,  ON  4/24/12,  AS CRFN
2012000163630, AS AMENDED.
  ALL THAT CERTAIN, PLOT, PIECE OR PARCEL OF LAND,  SITUATE,  LYING  AND
BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS AND STATE OF NEW YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT  THE  CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY
SIDE OF JORALEMON STREET WITH THE EASTERLY SIDE OF COURT STREET;
  RUNNING THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF JORALEMON  STREET,
A DISTANCE OF 273 FEET 9 INCHES OF THE LANDS NOW OF FORMERLY OF BROOKLYN
LAW SCHOOL;
  THENCE  SOUTHERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES
24 MINUTES 15 SECONDS WITH THE LAST MENTIONED LINE AND RUNNING ALONG THE
WESTERLY SIDE OF LANDS  NOW  OR  FORMERLY  OF  BROOKLYN  LAW  SCHOOL,  A
DISTANCE OF 179 FEET 7-3/4 INCHES;
  THENCE  EASTERLY  ALONG A LINE FORMING AN EXTERIOR ANGLE OF 97 DEGREES
19 MINUTES 37 SECONDS WITH THE LAST MENTIONED LINE AND RUNNING ALONG THE
SOUTHERLY LINE OF LANDS  NOW  OR  FORMERLY  OF  BROOKLYN  LAW  SCHOOL  A
DISTANCE OF 13 FEET 3 5/8 INCHES;
  THENCE  SOUTHERLY  AT  RIGHT  ANGLES  TO  THE  LAST MENTIONED LINE AND
CONTINUING ALONG THE WESTERLY LINE OF LANDS NOW OF FORMERLY OF  BROOKLYN
LAW  SCHOOL  A DISTANCE OF 3 FEET 11 3/4 INCHES TO LANDS NOW OR FORMERLY
OF 111 LIVINGSTON LLC;
  THENCE SOUTHERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 90  DEGREES
36  MINUTES  24 SECONDS WITH THE NORTHERLY SIDE OF LIVINGSTON STREET AND
RUNNING ALONG THE WESTERLY LINE OF LANDS NOW OR FORMERLY OF 111  LIVING-
STON  LLC,  A  DISTANCE  164  FEET  1/8  INCHES TO THE NORTHERLY SIDE OF
LIVINGSTON STREET;
  THENCE WESTERLY ALONG  THE  NORTHERLY  SIDE  OF  LIVINGSTON  STREET  A
DISTANCE  OF  36 FEET 2 INCHES TO LANDS NOW OR FORMERLY OF 85 LIVINGSTON
TENANTS CORP;
  THENCE NORTHERLY ALONG A LINE FORMING AN EXTERIOR ANGLE OF 90  DEGREES
48  MINUTES  WITH  THE  LAST MENTIONED COURSE AND ALONG THE LANDS NOW OR
FORMERLY OF 85 LIVINGSTON TENANTS CORP A DISTANCE, 150 FEET;

S. 6603--B                          3

  THENCE WESTERLY ALONG A LINE FORMING AN EXTERIOR ANGLE OF  89  DEGREES
12  MINUTES  WITH  THE  LAST MENTIONED COURSE AND ALONG THE LANDS NOW OR
FORMERLY OF 85 LIVINGSTON TENANTS CORP AND CONTINUING  ALONG  THE  LANDS
NOW  OR  FORMERLY  OF THE NEW YORK CITY BOARD OF EDUCATION A DISTANCE OF
221 FEET 2 INCHES;
  THENCE  SOUTHERLY ON A LINE FORMING AN EXTERIOR ANGLE OF 90 DEGREES 40
MINUTES WITH THE LAST MENTIONED  COURSE  AND  ALONG  THE  LANDS  NOW  OR
FORMERLY  OF  THE  NEW  YORK  CITY BOARD OF EDUCATION A DISTANCE 23 FEET
4-1/2 INCHES;
  THENCE WESTERLY ON A TINE FORMING AN INTERIOR ANGLE OF 90  DEGREES  34
MINUTES  05  SECONDS WITH THE LAST MENTIONED COURSE AND CONTINUING ALONG
THE LANDS NOW OR FORMERLY OF THE NEW YORK  CITY  BOARD  OF  EDUCATION  A
DISTANCE 50 FEET TO THE EASTERLY SIDE OF COURT STREET; AND
  THENCE  NORTHERLY  ALONG THE EASTERLY SIDE OF COURT STREET, 180 FEET 3
INCHES TO THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF
JORALEMON STREET WITH THE EASTERLY SIDE OF COURT  STREET  THE  POINT  OR
PLACE OF BEGINNING.
  (B)  PROVIDED,  HOWEVER,  THAT  THE OWNER, LESSOR AND/OR OPERATOR OF A
LICENSED PREMISES DESCRIBED IN PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IS
PROHIBITED  FROM SELLING ANY ALCOHOLIC BEVERAGES MANUFACTURED OR SOLD AT
WHOLESALE BY ANY BUSINESS THAT IT HAS ANY DIRECT  OR  INDIRECT  INTEREST
IN.
  S 2. This act shall take effect immediately.

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Senate Bill S6603A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 9, 2016 - Floor Vote

Floor Vote: May 9, 2016

Apr 5, 2016 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Apr 5, 2016

Bill Amendments

2015-S6603 - Details

2015-S6603 - Summary

2015-S6603 - Sponsor Memo

2015-S6603 - Bill Text download pdf

2015-S6603A - Details

2015-S6603A - Summary

2015-S6603A - Sponsor Memo

2015-S6603A - Bill Text download pdf

2015-S6603B (ACTIVE) - Details

2015-S6603B (ACTIVE) - Summary

2015-S6603B (ACTIVE) - Sponsor Memo

2015-S6603B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6603A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S6603 - Details

2015-S6603 - Summary

2015-S6603 - Sponsor Memo

2015-S6603 - Bill Text download pdf

2015-S6603A - Details

2015-S6603A - Summary

2015-S6603A - Sponsor Memo

2015-S6603A - Bill Text download pdf

2015-S6603B (ACTIVE) - Details

2015-S6603B (ACTIVE) - Summary

2015-S6603B (ACTIVE) - Sponsor Memo

2015-S6603B (ACTIVE) - Bill Text download pdf

Comments