S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9706
 
                             I N  S E N A T E
 
                               May 22, 2024
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  the
   exemption  of  certain  parcels  of  land  from licensing restrictions
   prohibiting manufacturers,  wholesalers  and  retailers  of  alcoholic
   beverages  from  sharing an interest in a licensed premises or to sell
   at retail for consumption off the  premises;  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 105  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 25 to read as follows:
   25.  (A)  THE PROVISIONS OF SUBDIVISIONS SIXTEEN AND SEVENTEEN OF THIS
 SECTION SHALL NOT APPLY TO ANY INTEREST  IN  A  MANUFACTURER  INSIDE  OR
 OUTSIDE THE UNITED STATES, HELD BY ANY BUSINESS OR ENTITY LOCATED ON ANY
 PARCELS  OF  LAND IN THE BOROUGH AND COUNTY OF THE BRONX, CITY AND STATE
 OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
   PARCEL A: BEGINNING AT A POINT WITHIN BLOCK 1044, LOT 15,  SAID  POINT
 BEING  DISTANT  THE  FOLLOWING FOUR (4) COURSES FROM THE POINT FORMED BY
 THE INTERSECTION OF THE WESTERLY LINE OF BARETTO STREET (60  FEET  WIDE)
 WITH THE NORTHERLY LINE OF LAFAYETTE (100 FEET WIDE); ALONG SAID WESTER-
 LY  LINE OF BARETTO STREET, NORTH 41 DEGREES 26 MINUTES 45 SECONDS WEST,
 A DISTANCE OF 197.70 FEET TO AN ANGLE POINT THEREIN, THENCE;  CONTINUING
 ALONG  SAID  LINE  OF  BARETTO  STREET,  NORTH  53 DEGREES 34 MINUTES 00
 SECONDS WEST, A DISTANCE OF 14.21 FEET TO A POINT, THENCE; THROUGH BLOCK
 2739, LOT 15, SOUTH 55 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
 75.72 FEET TO A POINT, THENCE; CONTINUING THROUGH BLOCK  2739,  LOT  15,
 SOUTH  10 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 8.19 FEET TO
 THE POINT AND PLACE OF BEGINNING, THENCE; FROM SAID POINT  OF  BEGINNING
 THE FOLLOWING FOUR COURSES; SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST,
 A DISTANCE OF 42.59 FEET TO A POINT, THENCE; SOUTH 55 DEGREES 00 MINUTES
 00  SECONDS  WEST, A DISTANCE OF 18.44 FEET TO A POINT, THENCE; NORTH 35
 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 42.59 FEET TO A POINT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15151-01-4
 S. 9706                             2

 THENCE; NORTH 55 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 18.44
 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 785 SQUARE
 FEET OR 0.0180 AC.
   PARCEL  B:  BEGINNING AT A POINT WITHIN BLOCK 1044, LOT 15, SAID POINT
 BEING DISTANT THE FOLLOWING FOUR (4) COURSES FROM THE  POINT  FORMED  BY
 THE  INTERSECTION  OF THE WESTERLY LINE OF BARETTO STREET (60 FEET WIDE)
 WITH THE NORTHERLY LINE OF LAFAYETTE (100 FEET WIDE); ALONG SAID WESTER-
 LY LINE OF BARETTO STREET, NORTH 41 DEGREES 26 MINUTES 45 SECONDS  WEST,
 A  DISTANCE OF 197.70 FEET TO AN ANGLE POINT THEREIN, THENCE; CONTINUING
 ALONG SAID LINE OF BARETTO  STREET,  NORTH  53  DEGREES  34  MINUTES  00
 SECONDS WEST, A DISTANCE OF 14.21 FEET TO A POINT, THENCE; THROUGH BLOCK
 2739, LOT 15, SOUTH 55 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
 142.85  FEET  TO A POINT, THENCE; CONTINUING THROUGH BLOCK 2739, LOT 15,
 SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 8.19 FEET  TO
 THE  POINT  AND PLACE OF BEGINNING, THENCE; FROM SAID POINT OF BEGINNING
 THE FOLLOWING FOUR COURSES; SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST,
 A DISTANCE OF 42.02 FEET TO A POINT, THENCE; SOUTH 55 DEGREES 00 MINUTES
 00 SECONDS WEST, A DISTANCE OF 40.86 FEET TO A POINT, THENCE;  NORTH  35
 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 42.02 FEET TO A POINT,
 THENCE; NORTH 55 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 40.86
 FEET  TO  THE  POINT  OF  BEGINNING. CONTAINING WITHIN SAID BOUNDS 1,717
 SQUARE FEET OR 0.0394 AC.
   (B) PROVIDED, HOWEVER, THAT WITH RESPECT  TO  SUCH  RETAIL  LICENSEE'S
 INTEREST IN A BUSINESS ENGAGED IN THE MANUFACTURE OF ALCOHOLIC BEVERAGES
 DESCRIBED IN SUBDIVISION SIXTEEN OR SEVENTEEN OF THIS SECTION:
   (I) SUCH INTEREST SHALL HAVE BEEN ACQUIRED PRIOR TO THE EFFECTIVE DATE
 OF THIS SUBDIVISION; AND
   (II)  SUCH  RETAIL  LICENSEE  SHALL  NOT  PURCHASE ALCOHOLIC BEVERAGES
 DIRECTLY FROM ANY SUCH MANUFACTURER.
   § 2. This act shall take effect immediately; provided,  however,  that
 upon  the  sale  or transfer of the parcels detailed in paragraph (a) of
 subdivision 25 of section 105 of the alcoholic beverage control law,  as
 added  by  section one of this act, such subdivision 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  subdivision  pertaining  to
 such  parcel  shall expire and be deemed repealed upon the end or termi-
 nation of such lease. The state liquor authority shall notify the legis-
 lative bill drafting commission upon notification by the licensee of the
 sale, transfer or termination of the leasehold, or  non-renewal  of  the
 leasehold  of  the parcel detailed in paragraph (a) of subdivision 25 of
 section 105 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  legislative  law  and
 section 70-b of the public officers law.