S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10088
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Economic Development
 
 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
 late of Tontine Company; thence westerly along said premises on  a  line
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15445-03-2
 A. 10088                            2
 
 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;
 A. 10088                            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.