S T A T E O F N E W Y O R K
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10646
I N S E N A T E
June 2, 2026
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Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to a
license to sell liquor at retail for consumption on certain premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 64-a of the alcoholic beverage
control law is amended by adding a new paragraph (c-7) to read as
follows:
(C-7) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE, OR OTHER
PLACE OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE
SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES
LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF SCHOHARIE, BOUNDED
AND DESCRIBED AS FOLLOWS:
ALL THAT PIECE OR PARCEL OF LAND, SITUATED IN THE TOWN AND VILLAGE OF
MIDDLEBURGH, COUNTY OF SCHOHARIE AND STATE OF NEW YORK, DESCRIBED AS
FOLLOWS:
NORTHERLY BY MAIN STREET, IN SAID VILLAGE OF MIDDLEBURGH, EASTERLY BY
LANDS FORMERLY OF GEORGE E. BORST AND JUDSON P. HYDE AND WIFE, SOUTHERLY
BY LANDS FORMERLY OF ETTRICK BATES AND EMMETT B. VROOMAN, AND WESTERLY
BY THE LANDS FORMERLY OF CHRISTOPHER S. BEST AND IS SUBJECT TO RIGHTS OF
WAY ON THE EASTERLY AND SOUTHERLY SIDES, COMPRISING A PIECE OF LAND
CONTAINING ABOUT 1/8 OF AN ACRE OF LAND AND BEING THE SAME PREMISES
CONVEYED APRIL 2, 1888, BY GEORGE ROCKERFELLER AND LYDLA, HIS WIFE TO
JAMES C. BORST, BY DEED RECORDED APRIL 5, 1888 IN BOOK 105 OF DEEDS AT
PAGE 47 IN THE SCHOHARIE COUNTY CLERK'S OFFICE.
ALSO HEREBY CONVEYING ALL THE RIGHT, TITLE AND INTEREST OF THE PARTY
OF THE FIRST PART IN AND TO A CERTAIN PARTY WALL ALONG THE WESTERLY SIDE
OF THE PREMISES HEREIN BEFORE DESCRIBED IN A DEED THEREOF FROM HATTIE M.
RICHARD TO IRVING KILTS, DATED NOVEMBER 5, 1945 AND RECORDED IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16047-01-6
S. 10646 2
SCHOHARIE COUNTY CLERK'S OFFICE ON NOVEMBER 7, 1945 IN BOOK 237 OF DEEDS
AT PAGE 267.
ALSO ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING
IN THE TOWN AND VILLAGE OF MIDDLEBURGH, COUNTY OF SCHOHARIE AND STATE OF
NEW YORK, BEING A PORTION OF THE LANDS FORMERLY KNOWN AS THE HOTEL BAKER
LOT ON MAIN STREET IN SAID VILLAGE, THE PARCEL HEREIN DESCRIBED TAKING
ITS BEGINNING AT A POINT ON DEXTER LANE DIRECTLY IN THE REAR OF THE
BUILDING NOW OR FORMERLY OWNED BY JAMES MATTICE, COMMENCING AT AN IRON
PIN DRIVEN IN THE GROUND WHERE THE LANDS OF DEXTER LANE, THOSE OF
MATTICE AND THOSE HEREIN CONVEYED JOIN AND RUNNING THENCE SOUTH 36° 40'
EAST A DISTANCE OF 23.3 FEET TO THE LANDS NOW OR FORMERLY OWNED BY
FREDERICK J. RICHARDS; THENCE ALONG THE LANDS OF NOW OR FORMERLY OF
FREDERICK J. RICHARDS, SOUTH 39° 20' WEST A DISTANCE OF 77.1 FEET TO A
POINT IN THE SOUTHERLY BOUNDARY NOW OR FORMERLY OF THE RICHARDS PROPER-
TY; THENCE NORTH 43° 42' WEST A DISTANCE OF 33 FEET TO THE EASTERLY
BOUNDARY LINE OF DEXTER LANE; THENCE NORTH 45° 28' EAST A DISTANCE OF 81
FEET TO THE PLACE OF BEGINNING, CONVEYING AND INTENDING TO CONVEY A
PARCEL OF LAND 23.3 FEET WIDE ON THE NORTHERLY END AND THE SOUTHERLY END
33 FEET WIDE, AND THE WESTERLY SIDE 77.1 FEET, TOGETHER WITH THE INTER-
EST OF THE PARTY OF THE FIRST PART IN AND TO THE SMOKE HOUSE ON THE
NORTHERLY END THEREOF, CONTAINING 1/10 OF AND ACRES BE THE SAME MORE OR
LESS, AND BEING A PORTION OF THE PREMISES DESCRIBED IN A DEED FROM
JOSEPH SKLADANWSKI TO THOMAS BUSH BY DEED RECORDED IN BOOK 241 OF DEEDS
AT PAGE 591.
EXCEPTING AND RESERVING NOW OR FORMERLY OF THOMAS BUSH, HIS HEIRS AND
ASSIGNS, THE RIGHT TO LAY AND MAINTAIN A SEWER LINE ALONG THE EASTERLY
BOUNDARY OF THE PREMISES HEREIN CONVEYED FROM THE LOT NOW OR FORMERLY
OWNED BY THOMAS BUSH DIRECTLY SOUTH OF THE PREMISES HEREIN CONVEYED TO
THE PRESENT SEWER LINE RUNNING THROUGH AND ACROSS SUCH PREMISES.
ALSO ALL THAT PIECE OR PARCEL OF LAND SITUATE IN THE VILLAGE OF
MIDDLEBURGH, COUNTY OF SCHOHARIE AND STATE OF NEW YORK, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHERE THE LANDS FORMERLY OF HOERZ, THE LANDS NOW
OR FORMERLY OF BYRON HAVERLY AND THE EASTERLY BOUNDARY OF DEXTER ROAD
INTERSECT; RUNNING THENCE SOUTH 43" EAST A DISTANCE OF 27 FEET ALONG THE
LANDS OF HOERZ; THENCE SOUTH 45° 28' WEST A DISTANCE OF 6 FEET THROUGH
THE LANDS FORMERLY OF HAVERLY; THENCE 43" WEST A DISTANCE OF 27 FEET
THROUGH THE LANDS OF HAVERLY TO THE EASTERLY BOUNDARY OF DEXTER ROAD;
THENCE NORTH 45" 28' EAST ALONG SAID BOUNDARY TO THE POINT OR PLACE OF
BEGINNING. INTENDING TO CONVEY A STRIP OF LAND 6 FEET WIDE AND 27 FEET
LONG ADJOINING THE SOUTHEAST BOUNDARY OF THE LANDS FORMERLY OF HOERZ.
EXCEPTING AND RESERVING FROM THE ABOVE DESCRIBED PREMISES ALL THAT
PIECE AND PARCEL OF LAND SITUATE IN THE VILLAGE OF MIDDLEBURGH, COUNTY
OF SCHOHARIE AND STATE OF NEW YORK BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED IN THE BOUNDARY LINE BETWEEN THE LANDS
FORMERLY OF HOERZ AND NOW OR FORMERLY OF BYRON D. HAVERLY, SAID POINT
BEING SOUTH 43" EAST A DISTANCE OF 27 FEET FROM AN IRON PIPE LOCATED AT
THE POINT WHERE THE LANDS FORMERLY OF HOERZ INTERSECT WITH THE LANDS OF
HAVERLY AND THE EASTERLY BOUNDARY OF DEXTER ROAD; RUNNING THENCE SOUTH
43" EAST ALONG THE LANDS FORMERLY OF HOERZ AND NOW OR FORMERLY OF HAVER-
LY, A DISTANCE OF 6 FEET TO AN IRON PIPE FENCE; THENCE NORTH 39° 30'
WEST ALONG SAID IRON PIPE FENCE AND THE LANDS FORMERLY OF HOERZ AND NOW
OR FORMERLY OF HAVERLY A DISTANCE OF 77.1 FEET IN A SOUTHWESTERLY DIREC-
TION THROUGH THE LANDS FORMERLY OF HOERZ A DISTANCE OF 77 FEET TO THE
POINT OF BEGINNING. INTENDING TO CONVEY A TRIANGULAR PARCEL OF LAND
S. 10646 3
ADJOINING THE NORTHWESTERLY BOUNDARY OF THE LANDS NOW OR FORMERLY OF
BYRON D. HAVERLY.
BEING THE SAME PREMISES AS CONVEYED BY DEED DATED NOVEMBER 19, 2010
FROM LYNDA G. SMITH TO DANIEL M. BARTHOLOMEW; BEING DULY FILED IN THE
SCHOHARIE COUNTY CLERK'S OFFICE ON DECEMBER 20, 2010 IN BOOK 910 OF
DEEDS AT PAGE 135.
§ 2. This act shall take effect immediately.