S T A T E   O F   N E W   Y O R K
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                                  7936--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2021
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the alcoholic beverage control law,  in  relation  to  a
   license  to sell liquor at retail for consumption on certain premises;
   and providing for the repeal of certain provisions upon the expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (xvi) of paragraph (a) of subdivision 13 of
 section 106 of the alcoholic beverage control law, as added  by  chapter
 218  of  the  laws  of 2020, is amended and a new subparagraph (xvii) is
 added to read as follows:
   (xvi) where such licensed  wholesaler  or  manufacturer  also  has  an
 interest  in  any  such  premises or business constituting the overnight
 lodging and resort facility located wholly within the boundaries of that
 tract or parcel of land situate in the city of  Canandaigua,  county  of
 Ontario,  beginning at a point in the northerly line of village lot nine
 where it meets with South Main Street, thence south  sixty-nine  degrees
 fifty-four  minutes  west a distance of nine hundred sixteen and twenty-
 three hundredths feet to an iron  pin;  thence  in  the  same  course  a
 distance  of  fourteen  feet to an iron pin; thence in the same course a
 distance of fourteen and four-tenths  feet  to  a  point;  thence  south
 fifteen  degrees  thirty-eight minutes and forty seconds east a distance
 of four hundred forty-six and eighty-seven hundredths feet to  a  point;
 thence south twenty-eight degrees thirty-seven minutes and fifty seconds
 east  a distance of one hundred thirteen and eighty-four hundredths feet
 to a point; thence south eighty-five  degrees  and  forty-seven  minutes
 east  a distance of forty-seven and sixty-one hundredths feet to an iron
 pin; thence on the same course a distance of three  hundred  and  sixty-
 five  feet  to  an  iron  pin; thence north seventeen degrees twenty-one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06117-02-1

 A. 7936--A                          2
 
 minutes and ten seconds east a distance of four hundred fifty-seven  and
 thirty-two hundredths feet to an iron pin; thence north nineteen degrees
 and  thirty  minutes west a distance of two hundred and forty-eight feet
 to  a point; thence north sixty-nine degrees and fifty-four minutes east
 a distance of two hundred eighty-four and twenty-six hundredths feet  to
 a  point;  thence  north  nineteen  degrees  and  thirty  minutes west a
 distance of sixty feet to the point and  place  of  beginning,  provided
 that such facility maintains not less than seventy-five rooms and suites
 for overnight lodging[.]; OR
   (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
 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

 A. 7936--A                          3
 
 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 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.
   §  2.  This act shall take effect immediately; provided, however, that
 upon the sale or transfer of the parcels detailed in subparagraph (xvii)
 of paragraph (a) of subdivision 13  of  section  106  of  the  alcoholic
 beverage  control  law,  such  subparagraph  shall  expire and be deemed
 repealed unless the licensee immediately obtains a leasehold  upon  such
 sale  or transfer of such parcel as part of the sale or transfer. If the
 licensee obtains such a leasehold, the subparagraph pertaining  to  such
 parcel  shall  expire and be deemed repealed upon the end or termination
 of such lease. The state liquor authority shall notify  the  legislative
 bill  drafting commission upon notification by the licensee of the sale,
 transfer or termination of the leasehold, or non-renewal of  the  lease-
 hold  of  the parcel detailed in subparagraph (xvii) of paragraph (a) of
 subdivision 13 of section 106 of the alcoholic beverage control  law  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.