S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6336
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   exempting  certain  land  from  the  provisions of law which generally
   restrict manufacturers, wholesalers  and  retailers  from  sharing  an
   interest in a liquor license
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (xii) of paragraph (a)  of  subdivision  1  of
 section  101  of the alcoholic beverage control law, as added by chapter
 453 of the laws of 2018, is amended and a  new  subparagraph  (xiii)  is
 added to read as follows:
   (xii)  ALSO  ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth
 Ward of the City of Troy, County of Rensselaer and State  of  New  York,
 known  as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five
 (5), A Five (A5) and the southerly portions of Lots Four (4) and A  Four
 (A4),  as  the same are laid down and described on a certain Map made by
 Frederick W. Orr, dated August 15, 1918, filed  in  the  Office  of  the
 Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
 premises  hereby  intended  to  be conveyed are bounded and described as
 follows:
   COMMENCING at an iron rod in the westerly side of River Street at  the
 most southeasterly corner of premises heretofore conveyed by Harry Gold-
 berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
 November  8, 1940, recorded November 12, 1940 In the Office of the Clerk
 of the County of Rensselaer in Book 633 of Deeds at page 400 and running
 thence southerly along the westerly line of River Street 215.6 feet to a
 pipe in the most southeasterly corner of Lot  No.  A7;  thence  westerly
 along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
 the easterly shore of the Hudson River; thence northerly along the east-
 erly  shore of the Hudson River 216 feet more or less to the most south-

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

                                                            LBD13198-01-9

 S. 6336                             2
 
 westerly corner of land heretofore conveyed by the said  Harry  Goldberg
 and  Norman  Goldberg  to  Arthur  E.  Collins  and another hereinbefore
 recited; thence along the southerly line of lands heretofore conveyed to
 said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33
 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
 erly 150.57 feet to the point or place of beginning.
   EXCEPTING  THEREFROM  that  portion of the above described premises as
 were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
 Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
 Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
   Containing 17,600 square feet of land more or less.
   BEARINGS refer to the magnetic meridian of  1993.  Said  premises  are
 also  described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
 and depth 115.60 x 220.00 being the same premises described in Book 6534
 of Deeds at Page 256 in the Rensselaer County Clerk's Office  and  being
 the  same  premises  in  the  2009  City  of  Troy  Assessment Rolls and
 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC;  CORINA,
 ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT).
   The  provisions  of  this  paragraph  shall  not apply to any premises
 licensed under section sixty-four of this chapter in which a manufactur-
 er or wholesaler holds a direct or indirect interest, provided that: (I)
 said premises consist of an  interactive  entertainment  facility  which
 predominantly   offers  interactive  computer  and  video  entertainment
 attractions, and other games and also offers themed merchandise and food
 and beverages, (II) the sale of alcoholic beverages within the  premises
 shall  be  restricted to an area consisting of not more than twenty-five
 percent of the total interior floor area  of  the  premises,  (III)  the
 retail  licenses  shall  derive  not less than sixty-five percent of the
 total revenue generated by the facility from  interactive  video  enter-
 tainment  activities  and other games, including related attractions and
 sales of merchandise other than food and alcoholic beverages,  (IV)  the
 interested  manufacturer  or wholesaler, or its parent company, shall be
 listed on a national securities exchange  and  its  direct  or  indirect
 equity  interest  in  the  retail  licensee shall not exceed twenty-five
 percent, (V) no more than fifteen percent of said  licensee's  purchases
 of  alcoholic  beverages  for  sale  in  the  premises shall be products
 produced or distributed by the manufacturer or wholesaler, (VI)  neither
 the  name of the manufacturer or wholesaler nor the name of any brand of
 alcoholic beverage produced  or  distributed  by  said  manufacturer  or
 wholesaler  shall be part of the name of the premises, (VII) the name of
 the manufacturer or wholesaler or the name of products sold or  distrib-
 uted  by  such  manufacturer  or  wholesaler  shall not be identified on
 signage affixed to either the interior or the exterior of  the  premises
 in any fashion, (VIII) promotions involving alcoholic beverages produced
 or  distributed  by  the manufacturer or wholesaler are not held in such
 premises and further, retail and consumer advertising specialties  bear-
 ing  the name of the manufacturer or wholesaler or the name of alcoholic
 beverages produced or distributed by the manufacturer or wholesaler  are
 not  utilized  in  any fashion, given away or sold in said premises, and
 (IX) except to the extent provided in this paragraph, the  licensing  of
 each  premises covered by this exception is subject to all provisions of
 section sixty-four of this chapter, including but not limited to  liquor
 authority  approval of the specific location thereof.  The provisions of
 this paragraph shall not prohibit (1) a manufacturer or  wholesaler,  if
 an  individual, or a partner, of a partnership, or, if a corporation, an
 officer or director thereof, from being an officer or director of a duly

 S. 6336                             3

 licensed charitable organization which is the holder of  a  license  for
 on-premises  consumption under this chapter, nor (2) a manufacturer from
 acquiring any such premises if the liquor authority first consents ther-
 eto  after  determining,  upon  such proofs as it shall deem sufficient,
 that such premises is  contiguous  to  the  licensed  premises  of  such
 manufacturer,  and  is  reasonably  necessary  for  the expansion of the
 facilities of such manufacturer. After any such acquisition, it shall be
 illegal for a manufacturer acquiring any such premises to sell or deliv-
 er alcoholic beverages manufactured by him  to  any  licensee  occupying
 such premises[.]; OR
   (XIII)  ANY  SUCH  PREMISES OR BUSINESS LOCATED IN THE TOWN OF CARMEL,
 COUNTY OF PUTNAM, STATE OF NEW YORK, AND BEING MORE PARTICULARLY BOUNDED
 AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT ON THE WESTERLY SIDE OF U.S. ROUTE  6  WHERE  THE
 SAME  IS  INTERSECTED  BY  LOT NO. 1 AS SHOWN ON "MINOR SUBDIVISION PLAT
 PREPARED FOR HINCKLEY HOLDINGS LLC BETWEEN TAX LOTS 55.10-1-1, 55.10-1-3
 & 55.6-1-53," FILED IN THE PUTNAM COUNTY CLERKS' OFFICE ON JULY 18, 2018
 AS FILED MAP NO. 3196 AND LANDS NOW OR FORMERLY  OF  THE  PUTNAM  COUNTY
 BIKE  PATH;  THENCE FROM SAID POINT OF BEGINNING ALONG THE WESTERLY SIDE
 OF U.S. ROUTE 6, S 14° 39' 25" E 16.79' TO THE INTERSECTION OF LOT  NOS.
 1  &  3  AS SHOWN ON THE AFOREMENTIONED FILED MAP NO. 3196; THENCE ALONG
 THE DIVIDING LINE BETWEEN LOT NOS. 1 & 3 AS SHOWN ON THE  AFOREMENTIONED
 FILED  MAP  NO. 3196, S 75° 20' 35" W 6.53' TO A POINT ON A CURVE TO THE
 RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 150.00',  A
 LENGTH OF 49.19' AND A CENTRAL ANGLE OF 18° 47' 25" TO A POINT; THENCE N
 85°  52'  00"  W  743.76',  S  2°  05' 46" W 866.14' AND N 88° 19' 25" W
 258.90' TO A POINT AT THE INTERSECTION OF LOT NOS. 1, 2, & 3 AS SHOWN ON
 THE AFOREMENTIONED FILED MAP NO. 3196; THENCE ALONG  THE  DIVIDING  LINE
 BETWEEN  LOT  NOS.  1  &  2 AS SHOWN ON THE AFOREMENTIONED FILED MAP NO.
 3196, N 28° 38' 52" W 218.96' AND N 77° 16' 24" W 239.77' TO A POINT  ON
 A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIAL
 BEARING  OF S 84° 14' 21" E, A RADIUS OF 150.00', A LENGTH OF 14.91' AND
 A CENTRAL ANGLE OF 5° 41' 49" TO A POINT; THENCE N 11° 27' 28" E 300.64'
 TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO  THE  LEFT
 WITH  A RADIUS OF 70.00', A LENGTH OF 121.16' AND A CENTRAL ANGLE OF 99°
 10' 18" TO A POINT; THENCE N 87° 42' 50" W 58.65'  TO  A  POINT  ON  THE
 EASTERLY  SIDE  OF SEMINARY HILL ROAD; THENCE ALONG THE EASTERLY SIDE OF
 SEMINARY HILL ROAD, N 24° 43' 45" E 16.72', N 22° 06' 20" E  413.76',  N
 31°  12' 50" E 6.29', N 43° 03' 10" E 4.16' AND N 42° 32' 19" E 6.72' TO
 A POINT AT THE INTERSECTION OF LOT NO. 1 AS SHOWN ON THE  AFOREMENTIONED
 FILED MAP NO. 3196 AND LANDS NOW OR FORMERLY OF THE PUTNAM COUNTY BIKEP-
 ATH;  THENCE  ALONG  THE DIVIDING LINE BETWEEN LOT NO. 1 AS SHOWN ON THE
 AFOREMENTIONED FILED MAP NO. 3196 AND  LANDS  NOW  OR  FORMERLY  OF  THE
 PUTNAM  COUNTY BIKEPATH, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05',
 S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85',
 S 74° 05' 17" E 393.67' AND S 85° 52' 00" E 617.85'  TO  THE  POINT  AND
 PLACE  OF  BEGINNING. CONTAINING WITHIN SAID BOUNDS 13.003 ACRES OF LAND
 MORE OR LESS.
   § 2. This act shall take effect immediately.