S T A T E O F N E W Y O R K
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6451
2019-2020 Regular Sessions
I N S E N A T E
June 11, 2019
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Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages on licensees who sell at retail for on-premises consumption;
and providing for the repeal of certain provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 101 of the alcoholic beverage control law is
amended by adding a new subdivision 1-a to read as follows:
1-A. THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION SHALL NOT APPLY TO ANY LICENSED MANUFACTURER OR WHOLESALER
LOCATED ON THE SECOND FLOOR OF PREMISES 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 SOUTHERLY SIDE
OF WEST 16TH STREET WITH THE WESTERLY SIDE OF 10TH AVENUE; RUNNING
THENCE WESTERLY ALONG THE SAID SOUTHERLY SIDE OF WEST 16TH STREET, 262
FEET 5-1/4 INCHES TO THE CORNER FORMED BY THE INTERSECTION OF THE SOUTH-
ERLY SIDE OF WEST 16TH STREET WITH THE EASTERLY SIDE OF 11TH AVENUE
(FORMERLY MARGINAL STREET); RUNNING THENCE SOUTHEASTERLY ALONG THE EAST-
ERLY SIDE OF SAID 11TH AVENUE (FORMERLY MARGINAL STREET) 221 FEET 4-1/2
INCHES TO THE CORNER FORMED BY THE INTERSECTION OF SAID EASTERLY SIDE OF
11TH AVENUE (FORMERLY MARGINAL STREET) WITH THE NORTHERLY SIDE OF SAID
WEST 15TH STREET; RUNNING THENCE EASTERLY ALONG THE NORTHERLY SIDE OF
WEST 15TH STREET, 182 FEET 8 INCHES TO THE CORNER FORMED BY THE INTER-
SECTION OF SAID NORTHERLY SIDE OF WEST 15TH STREET WITH THE SAID WESTER-
LY SIDE OF 10TH AVENUE; RUNNING THENCE NORTHERLY ALONG SAID WESTERLY
SIDE OF 10TH AVENUE, 206 FEET 6 INCHES TO THE POINT OR PLACE OF BEGIN-
NING. PROVIDED, HOWEVER, THAT WITH RESPECT TO SUCH MANUFACTURER'S OR
WHOLESALER'S INTEREST IN A RETAIL LICENSEE LOCATED AT PREMISES DESCRIBED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11698-03-9
S. 6451 2
IN PARAGRAPH (A-1) OF SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF
THIS ARTICLE: (I) SUCH INTEREST MUST HAVE BEEN ACQUIRED PRIOR TO THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH
ADDED THIS SUBDIVISION; (II) SUCH MANUFACTURER OR WHOLESALER MAY NOT
SELL ALCOHOLIC BEVERAGES DIRECTLY TO SUCH RETAIL LICENSEE; AND (III) NO
MORE THAN FIFTEEN PERCENT OF THE ANNUAL DOLLAR VALUE OF ALCOHOLIC BEVER-
AGES PURCHASED BY SUCH RETAIL LICENSEE FOR SALE ON THE PREMISES MAY BE
PRODUCED BY ANY SUCH MANUFACTURER.
§ 2. Section 101 of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
1-A. THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION SHALL NOT APPLY TO ANY LICENSED MANUFACTURER OR WHOLESALER
LOCATED ON THE 35TH FLOOR OF PREMISES IN THE BOROUGH OF MANHATTAN, CITY,
COUNTY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN-
NING AT THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF
WASHINGTON STREET AND THE SOUTHERLY SIDE OF BARCLAY STREET; RUNNING
THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF BARCLAY STREET, THE FOLLOW-
ING THREE (3) COURSES AND DISTANCES: (1) SOUTH 88 DEGREES 37 MINUTES 20
SECONDS EAST 161.04 FEET; (2) SOUTH 88 DEGREES 39 MINUTES 01 SECONDS
EAST 67.81 FEET; AND (3) SOUTH 88 DEGREES 36 MINUTES 50 SECONDS EAST
112.04 FEET TO THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY
SIDE OF BARCLAY STREET AND THE WESTERLY SIDE OF WEST BROADWAY; THENCE
SOUTHERLY ALONG THE WESTERLY SIDE OF WEST BROADWAY, THE FOLLOWING THREE
(3) COURSES AND DISTANCES: (1) SOUTH 13 DEGREES 29 MINUTES 10 SECONDS
WEST 33.54 FEET; (2) SOUTH 88 DEGREES 37 MINUTES 31 SECONDS EAST 7.16
FEET; AND (3) SOUTH 13 DEGREES 29 MINUTES 10 SECONDS WEST 172.20 FEET TO
THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF WEST
BROADWAY AND THE NORTHERLY SIDE OF VESEY STREET; THENCE WESTERLY ALONG
THE NORTHERLY SIDE OF VESEY STREET, NORTH 88 DEGREES 37 MINUTES 31
SECONDS WEST 233.48 FEET TO THE CORNER FORMED BY THE INTERSECTION OF THE
NORTHERLY SIDE OF VESEY STREET AND THE EASTERLY SIDE OF WASHINGTON
STREET; AND THENCE NORTHERLY ALONG THE EASTERLY SIDE OF WASHINGTON
STREET, NORTH 18 DEGREES 10 MINUTES 00 SECONDS WEST 213.45 FEET TO THE
POINT OR PLACE OF BEGINNING. PROVIDED, HOWEVER THAT, WITH RESPECT TO
SUCH MANUFACTURER'S OR WHOLESALER'S INTEREST IN A RETAIL LICENSEE
LOCATED AT PREMISES DESCRIBED IN PARAGRAPH (A-1) OF SUBDIVISION THIRTEEN
OF SECTION ONE HUNDRED SIX OF THIS ARTICLE: (I) SUCH INTEREST MUST HAVE
BEEN ACQUIRED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND NINETEEN WHICH ADDED THIS SUBDIVISION; (II) SUCH MANUFAC-
TURER OR WHOLESALER MAY NOT SELL ALCOHOLIC BEVERAGES DIRECTLY TO SUCH
RETAIL LICENSEE; AND (III) NO MORE THAN FIFTEEN PERCENT OF THE ANNUAL
DOLLAR VALUE OF ALCOHOLIC BEVERAGES PURCHASED BY SUCH RETAIL LICENSEE
FOR SALE ON THE PREMISES MAY BE PRODUCED BY ANY SUCH MANUFACTURER.
§ 3. Subdivision 13 of section 106 of the alcoholic beverage control
law is amended by adding a new paragraph (a-1) to read as follows:
(A-1) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO THE HOLDER OF A RETAIL ON-PREMISES CONSUMPTION LICENSE ISSUED
FOR A PREMISES LOCATED IN THE BOROUGH OF MANHATTAN, CITY, COUNTY AND
STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE NORTHERLY SIDE OF 52ND STREET, DISTANT 375 FEET WESTERLY
FROM THE NORTHWESTERLY CORNER OF 52ND STREET AND FIFTH AVENUE; RUNNING
THENCE NORTHERLY PARALLEL WITH FIFTH AVENUE AND PART OF THE WAY THROUGH
A PARTY WALL, 75 FEET 5 INCHES; THENCE WESTERLY PARALLEL WITH THE NORTH-
ERLY SIDE OF 52ND STREET, 11 FEET 2-3/4 INCHES; THENCE NORTHERLY PARAL-
LEL WITH FIFTH AVENUE, 25 FEET TO THE CENTER LINE OF THE BLOCK; THENCE
EASTERLY ALONG SAID CENTER LINE OF THE BLOCK, 71 FEET 2-3/4 INCHES;
S. 6451 3
THENCE SOUTHERLY PARALLEL WITH FIFTH AVENUE AND PART OF THE WAY THROUGH
A PARTY WALL, 100 FEET 5 INCHES TO THE NORTHERLY SIDE OF 52ND STREET;
THENCE WESTERLY ALONG THE NORTHERLY SIDE OF 52ND STREET, 60 FEET TO THE
POINT OR PLACE OF BEGINNING. PROVIDED, HOWEVER, THAT WITH RESPECT TO
SUCH RETAIL LICENSEE'S INTEREST IN A BUSINESS ENGAGED IN THE MANUFACTURE
OR SALE AT WHOLESALE OF ALCOHOLIC BEVERAGES DESCRIBED IN SUBDIVISION 1-A
OF SECTION ONE HUNDRED ONE OF THIS ARTICLE: SUCH INTEREST MUST HAVE BEEN
ACQUIRED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINETEEN WHICH ADDED THIS PARAGRAPH; (II) SUCH RETAIL LICENSEE
MAY NOT PURCHASE ALCOHOLIC BEVERAGES DIRECTLY FROM ANY SUCH MANUFACTURER
OR WHOLESALER; AND (III) NO MORE THAN FIFTEEN PERCENT OF THE ANNUAL
DOLLAR VALUE OF ALCOHOLIC BEVERAGES PURCHASED BY SUCH RETAIL LICENSEE
FOR SALE ON THE PREMISES MAY BE PRODUCED BY ANY SUCH MANUFACTURER.
§ 4. This act shall take effect immediately; provided, however, that
the provisions of section one of this act shall expire and be deemed
repealed April 1, 2021, when upon such date the provisions of section
two of this act shall take effect.
