NY State Senate Bill 2023-S8443

Senate Bill S8443

2023-2024 Legislative Session

Exempts certain parcels of land from licensing restrictions for manufacturers and wholesalers

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2024	referred to investigations and government operations

2023-S8443 (ACTIVE) - Details

See Assembly Version of this Bill:: A9144
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §101, ABC L

2023-S8443 (ACTIVE) - Summary

Exempts certain parcels of land from licensing restrictions for manufacturers and wholesalers who sell at retail for on-premises consumption in the town of East Hampton, county of Suffolk.

2023-S8443 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8443

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
exempting certain parcels of land from licensing restrictions for
manufacturers and wholesalers of alcoholic beverages who sell at retail
for on-premises consumption

 
PURPOSE:

To amend Chapter 328 of the Laws of 2022 by providing the metes and
bounds of the new location of Talkhouse Encore, in the town of East
Hampton.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subparagraph (xiv) of paragraph (a) of section 101(1)
of the alcoholic beverage control law by replacing the metes and bounds
of Talkhouse Encore in the town of East Hampton that is on the list of
parcels which are exempt from the tied-house laws.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

Since the 1930's, when Prohibition was repealed, New York State law has
restricted holders of alcohol manufacturing/wholesale/importer licenses
from having an interest in a retail license and vice versa.  Known as
the "tied-house" laws, efforts have been made to modernize the law by
addressing these types of archaic ownership issues.

In the meantime, these provisions have been amended on occasion by
exempting certain properties to support local economic development
goals. This was done, for example, through the enactment of Chapter 328
of the Laws of 2022 which exempted the Stephen Talkhouse (the bar) and
Talkhouse Encore (local drink brand), as described by the metes and
bounds of each parcel, located in the town of East Hampton.  Since then,
the offices of Talkhouse Encore as moved. Therefore, this legislation is
necessary to amend Chapter 328 by replacing the metes and bounds of the
old location with the coordinates of the new parcel, so it is accurately
reflected in the alcoholic beverage control law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

This legislation will help generate sales, excise and property tax
revenue

 
EFFECTIVE DATE:
Immediately

2023-S8443 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8443
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 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
   exempting  certain  parcels  of  land  from licensing restrictions for
   manufacturers and wholesalers  of  alcoholic  beverages  who  sell  at
   retail for on-premises consumption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (xiv) of paragraph (a)  of  subdivision  1  of
 section  101  of the alcoholic beverage control law, as added by chapter
 328 of the laws of 2022, is renumbered (xviii) and amended  to  read  as
 follows:
   (xviii)  [ALL  that  certain  plot,  piece or parcel of land, situate,
 lying and being a part of a condominium in the  Town  of  East  Hampton,
 County  of  Suffolk  and State of New York, known and designated as Unit
 No. 109, together  with  a  6.167%  undivided  interest  in  the  common
 elements of the condominium hereinafter described as the same is defined
 in the Declaration of Condominium herein after referred to.
   THE  Condominium Unit (hereinafter referred to as the Unit) known as a
 Unit, said unit being designated in the Town of East Hampton, on "Map of
 East Hampton Office Park Condominium" filed 2/6/91 as map No.  237,  and
 described as Unit No 109 in a certain Declaration dated 1/22/91, made by
 Pantigo  Office  Associates,  Inc.  Pursuant  to Article 9-B of the Real
 Property Law of the State of New York, establishing a plan for Condomin-
 ium ownership of the Building and Land upon which the building is  situ-
 ate,  described  below,  which  Declaration  was recorded in the Suffolk
 County Clerk's Office on 2/6/91 in Liber 11215 cp 01, as may be amended]
 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE  BUILDINGS  AND
 IMPROVEMENTS  THEREON  ERECTED,  SITUATE, LYING AND BEING IN THE TOWN OF
 EAST HAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK, KNOWN AND  DESIG-
 NATED  AS  LOTS  81  THROUGH  86, INCLUSIVE IN BLOCK 2, AS SHOWN ON THAT
 CERTAIN MAP ENTITLED, "MAP OF MONTAUK MANOR, SECTION 1", WHICH  MAP  WAS
 FILED  IN  THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON SEPTEMBER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13800-01-3
 S. 8443                             2

 1, 1911 AS MAP #518, SAID LOTS WHEN TAKEN TOGETHER, ARE MORE PARTICULAR-
 LY BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING  AT A POINT OF INTERSECTION OF THE EASTERLY SIDE OF WASHINGTON
 STREET AND THE DIVISION LINE BETWEEN LANDS NOW OR  FORMERLY  OF  B  &  B
 PRECISION REALTY, INC., AND THE PREMISES HEREIN DESCRIBED;
 RUNNING  THENCE  FROM  SAID  POINT OF BEGINNING ALONG THE LAST MENTIONED
 DIVISION LINE SOUTH 58 DEGREES 15 MINUTES 48 SECONDS EAST 100 FEET TO  A
 POINT ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF B & B PRECI-
 SION REALTY, INC., LANDS NOW OR FORMERLY OF GRACE FRIEDMAN AND THE PREM-
 ISES HEREIN DESCRIBED;
 RUNNING  THENCE  ALONG THE LAST MENTIONED DIVISION LINE SOUTH 32 DEGREES
 39 MINUTES 17 SECONDS WEST 120.02 FEET TO A POINT ON THE  DIVISION  LINE
 BETWEEN  LANDS  NOW  OR FORMERLY OF HATTIE JONES AND THE PREMISES HEREIN
 DESCRIBED;
 THENCE RUNNING ALONG THE LAST MENTIONED DIVISION LINE NORTH  58  DEGREES
 15  MINUTES  48 SECONDS WEST 100 FEET TO A POINT ON THE EASTERLY SIDE OF
 WASHINGTON AVENUE;
 THENCE RUNNING ALONG SAME NORTH 32 DEGREES 39 MINUTES  17  SECONDS  EAST
 120.02  FEET TO THE POINT OR PLACE OF BEGINNING. Notwithstanding section
 one hundred seven-a of this article, the retail licensee and brand owner
 located at the premises described in subparagraph (xviii)  of  paragraph
 (a)  of  subdivision thirteen of section one hundred six of this article
 may designate the importer licensee located at the premises described in
 this subparagraph as owner of such brands for purposes  of  brand  label
 registration and price scheduling under this chapter.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.