Senate Bill S2561

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2561
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03930-01-7

 S. 2561                             2
 
 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. 2561                             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.
   § 2. This act shall take effect immediately.