S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6781--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06117-03-1

 S. 6781--A                          2
 
 five feet to an iron pin;  thence  north  seventeen  degrees  twenty-one
 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

 S. 6781--A                          3
 
 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 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.