S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6451
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 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.