Senate Bill S10068

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10068
 
                             I N  S E N A T E
 
                              April 27, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   licensing restrictions for manufacturers and wholesalers of  alcoholic
   beverages  from on licensees who sell at retail for consumption on the
   premises; and providing for the repeal of such provision upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 13 of section 106 of the alco-
 holic beverage control law is  amended  by  adding  a  new  subparagraph
 (xxiv) to read as follows:
   (XXIV) PARCEL A
   THE  FOURTH  FLOOR  OF  ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND,
 TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS NOW  OR  HEREAFTER  ERECTED
 THEREON,  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 ON  THE  SOUTHERLY  SIDE  OF  EAST  57TH  STREET,
 DISTANT  125 FEET EASTERLY FROM THE INTERSECTION OF THE EASTERLY SIDE OF
 FIFTH AVENUE AND THE SOUTHERLY SIDE OF 57TH STREET, THENCE SOUTHERLY AND
 PARALLEL WITH THE EASTERLY SIDE OF  FIFTH  AVENUE  100  FEET  5  INCHES;
 THENCE  EASTERLY  AND PARALLEL WITH THE SOUTHERLY SIDE OF 57TH STREET 50
 FEET; THENCE NORTHERLY AND AGAIN PARALLEL  WITH  THE  EASTERLY  SIDE  OF
 FIFTH  AVENUE  100  FEET  5 INCHES TO THE SOUTHERLY SIDE OF 57TH STREET;
 THENCE WESTERLY ALONG THE SOUTHERLY SIDE OF 57TH STREET 50 FEET  TO  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, COUNTY, CITY AND STATE OF  NEW  YORK,
 BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT ON THE EASTERLY LINE OF FIFTH AVENUE, DISTANT 118
 FEET  9  1/2 INCHES SOUTHERLY FROM THE INTERSECTION OF THE SAID EASTERLY
 LINE OF FIFTH AVENUE WITH THE SOUTHERLY LINE OF  EAST  58TH  STREET  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13301-01-5
 S. 10068                            2
 
 OPPOSITE THE CENTER OF A CERTAIN PARTY WALL; RUNNING THENCE EASTERLY AND
 PART  OF  THE  WAY  ALONG  THE  CENTER  OF SAID PARTY WALL AND A LINE IN
 PROLONGATION THEREOF 100.00 FEET TO A POINT  DISTANT  118  FEET  11  1/2
 INCHES  SOUTHERLY  FROM THE SOUTHERLY LINE OF EAST 58TH STREET, MEASURED
 ON A LINE PARALLEL WITH FIFTH AVENUE AND DISTANT 100.00  FEET  FROM  THE
 EASTERLY  LINE  THEREOF,  MEASURED ALONG THE SOUTHERLY LINE OF EAST 58TH
 STREET; THENCE SOUTHERLY, PARALLEL WITH FIFTH  AVENUE,  19  FEET  6  1/2
 INCHES  TO A POINT OPPOSITE THE CENTER OF ANOTHER PARTY WALL AND DISTANT
 62 FEET 4 INCHES NORTHERLY FROM THE NORTHERLY LINE OF EAST 57TH  STREET,
 MEASURED  AT  RIGHT  ANGLES THERETO; THENCE WESTERLY AND PART OF THE WAY
 ALONG THE CENTER LINE OF SAID LAST MENTIONED PARTY WALL 100.00 FEET TO A
 POINT ON THE EASTERLY SIDE OF FIFTH AVENUE, DISTANT  62  FEET  6  INCHES
 NORTHERLY FROM THE INTERSECTION OF THE EASTERLY LINE OF FIFTH AVENUE AND
 THE NORTHERLY LINE OF EAST 57TH STREET; THENCE NORTHERLY ALONG THE EAST-
 ERLY LINE OF FIFTH AVENUE, 19 FEET 6 1/2 INCHES 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 THIS SUBDIVISION; (II) SUCH RETAIL LICEN-
 SEE MAY NOT PURCHASE ALCOHOLIC BEVERAGES DIRECTLY FROM ANY SUCH MANUFAC-
 TURER OR WHOLESALER; AND (III) NO MORE THAN FIFTEEN PERCENT OF THE ANNU-
 AL 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 (xxiv)
 of paragraph (a) of subdivision 13  of  section  106  of  the  alcoholic
 beverage control law, as added by section one of this act, such subpara-
 graph shall expire and be deemed repealed unless the licensee immediate-
 ly 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 leasehold of the parcels detailed in
 subparagraph (xxiv) 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 legislative law and section 70-b of  the
 public officers law.