S T A T E O F N E W Y O R K
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8941
I N S E N A T E
April 29, 2022
___________
Introduced by Sen. PALUMBO -- 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 a
license to sell liquor at retail for consumption on certain premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xvii) of paragraph (a) of subdivision 13 of
section 106 of the alcoholic beverage control law, as added by chapter
299 of the laws of 2021, is amended and a new subparagraph (xviii) is
added to read as follows:
(xvii) Parcel A
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 a point formed by the intersection of the northerly side
of Wall Street and the easterly side of Pearl Street; running thence
northerly along the easterly side of Pearl Street, 76 feet 1 inch;
thence easterly on a line forming an angle on its northerly side with
the easterly side of Pearl Street of 85° 33' 30", a distance of 43 feet
1 inch; thence southerly on a line which forms an angle on its westerly
side with said last mentioned course of 90° 22', a distance of 1 foot;
thence easterly on a line which forms an angle on its southerly side
with said last mentioned course of 89° 24', a distance of 18 feet 3
inches, more or less, to a point where it is intersected by a line drawn
along the westerly side of the one-story brick extension at the rear of
the premises No. 122 Water Street; thence southerly on a line which on
its westerly side forms an angle of 86° 43' with the preceding course
and along said one-story brick extension, 17 feet 3 inches to the corner
of said one-story brick building; thence easterly on a line which on its
northerly side forms an angle of 91° 40' with the preceding course, 6
feet 8 1/2 inches to premises now known as No. 120 Water Street; thence
southerly along a line which on its westerly side forms an angle of 91°
40' with the preceding course, 10 feet 9 inches to the premises now or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15445-03-2
S. 8941 2
late of Tontine Company; thence westerly along said premises on a line
which on its northerly side forms an angle of 88° 20' with the preceding
course, 20 feet; thence southerly and still along land now or late of
Tontine Company on a line which on its easterly side forms an angle of
89° 09' with the preceding course, 53 feet 5 inches to the northerly
side of Wall Street; and thence westerly along the northerly side of
Wall Street on a line which on its northerly side forms an angle of 88°
08' with the preceding course, 48 feet 11 1/2 inches to the easterly
side of Pearl Street at the point or place of beginning.
Parcel B:
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 northerly
side of Wall Street with the westerly side of Water Street; running
thence northerly, along the westerly side of Water Street, about fifty
feet nine inches to the premises Number One Hundred and Twenty Water
Street; thence westerly, along the southerly side of premises Number One
Hundred and Twenty Water Street, about eighty feet seven inches to the
easterly side of premises Number Eighty-Two Wall Street, thence norther-
ly, along the easterly side of premises Number Eighty-Two Wall Street,
to a point where it is intersected by a line drawn along the northerly
face of the northerly wall of the four-story and basement brick building
formerly erected thereon; thence westerly, along the northerly side of
said northerly wall, about twenty feet to the westerly side of said
premises Number Eighty-Two Wall Street; thence southerly, along the
westerly side of said premises Number Eighty-Two Wall Street, about
fifty-three feet six inches to the northerly side of Wall Street; and
thence easterly along the northerly side of Wall Street, to the point or
place of beginning.
Provided, however, that with respect to such retail licensee's inter-
est in a business engaged in the manufacture or sale at wholesale of
alcoholic beverages described in subdivision one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of [the] chapter TWO HUNDRED NINETY-NINE of
the laws of two thousand twenty-one [which added this subparagraph];
(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[.]; OR
(XVIII) REAL PROPERTY IN THE TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK,
STATE OF NEW YORK, DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND
BEING AT MONTAUK, TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK AND STATE OF
NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEAST
SIDE OF SURFSIDE PLACE WITH THE SOUTHEAST SIDE OF OCEAN VIEW TERRACE;
RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHEASTERLY
SIDE OF OCEANVIEW TERRACE NORTH 68 DEGREES 18 MINUTES 15 SECONDS EAST,
265.64 FEET TO LAND FORMERLY OF MONTAUK IMPROVEMENT INC.;
THENCE ALONG SAID LAND SOUTH 24 DEGREES 34 MINUTES 52 SECONDS EAST,
321.71 FEET TO THE NORTHERLY LINE OF BOARDWALK EASEMENT;
THENCE STILL ALONG SAID COURSE, 82 FEET, MORE AND LESS (114.76 FEET
PER SURVEY), TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN;
S. 8941 3
THENCE SOUTHWESTERLY AND ALONG THE HIGH WATER MARK OF THE ATLANTIC
OCEAN, 267 FEET MORE OR LESS (265,41 FEET PER SURVEY) TO THE NORTHEAST
SIDE OF THE SURFSIDE PLACE;
THENCE ALONG THE NORTHEAST SIDE OF SURFSIDE PLACE NORTH 24 DEGREES 34
MINUTES 52 SECONDS WEST, 425 FEET, MORE OR LESS, (448.98 FEET PER
SURVEY) TO THE POINT OR PLACE OF BEGINNING.
PROVIDED, HOWEVER, THAT WITH RESPECT TO SUCH RETAIL LICENSEE'S INTER-
EST IN A BUSINESS ENGAGED IN THE MANUFACTURE OR SALE AT WHOLESALE OF
ALCOHOLIC BEVERAGES DESCRIBED IN SUBDIVISION ONE-A OF SECTION ONE
HUNDRED ONE OF THIS ARTICLE: (I) SUCH INTEREST MUST HAVE BEEN ACQUIRED
PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWENTY-TWO WHICH ADDED THIS SUBPARAGRAPH; (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.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (xvii) of paragraph (a) of subdivision 13
of section 106 of the alcoholic beverage control law made by section one
of this act shall not affect the repeal of such subparagraph and shall
be deemed repealed therewith.
