Senate Bill S7711

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7711
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2025
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend the alcoholic beverage control law, in relation to an
   exemption for certain property from the prohibition of  alcohol  sales
   within a certain distance from a church

   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  of  the  alcoholic  beverage
 control  law  is  amended  by  adding  a new paragraph (e-17) to read as
 follows:
   (E-17) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDI-
 VISION,  THE  AUTHORITY  MAY  ISSUE  A  RETAIL  LICENSE  FOR ON-PREMISES
 CONSUMPTION 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 PREM-
 ISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE  VILLAGE  OF  HAMMONDS-
 PORT, COUNTY OF STEUBEN, BOUNDED AND DESCRIBED AS FOLLOWS:
   ALL  THAT TRACT OR PARCEL OF LAND SITUATED IN THE VILLAGE OF HAMMONDS-
 PORT, COUNTY OF STEUBEN, AND  STATE  OF  NEW  YORK,  BEING  BOUNDED  AND
 DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF SHETHAR
 STREET,  SAID  POINT  ALSO  BEING  THE  NORTHWEST CORNER OF LANDS NOW OR
 FORMERLY OF JENSEN AND CLARK (L 1058/ P 806), THENCE ALONG LANDS OF SAID
 JENSEN AND CLARK S 04°32'09" W A DISTANCE OF  98.55  FEET  TO  A  POINT;
 THENCE  FURTHER  ALONG SAID JENSEN AND CLARK S 10°45'51" W A DISTANCE OF
 26.25 FEET TO A POINT; THENCE FURTHER ALONG  SAID  JENSEN  AND  CLARK  S
 14°11'46"  W  A DISTANCE OF 19.72 FEET; THENCE FURTHER ALONG SAID JENSEN
 AND CLARK S 09°16'39" W A DISTANCE OF 34.64 FEET TO A 5/8" REBAR; THENCE
 ALONG LANDS NOW OR FORMERLY OF PENNISE (L 1137/ P 246 & L 1137/ P  248),
 N  83°21'00"  W  A  DISTANCE OF 22.94 FEET TO A 5/8" REBAR; THENCE ALONG
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11862-01-5
              

 S. 7711                             2
 
 LANDS NOW OR FORMERLY OF WARNER (L 998/ P  1000),  THE  FOLLOWING  EIGHT
 COURSES AND DISTANCES FOR THE WEST LINE OF THE GROUND FLOOR OF THE PREM-
 ISES:
   1. N 05°03'14" E A DISTANCE OF 53.23 FEET TO A POINT; THENCE
   2. N 06°23'07" E A DISTANCE OF 26.30 FEET TO A POINT; THENCE
   3. S 84°53'38" E A DISTANCE OF 8.00 FEET TO A POINT; THENCE
   4. N 04°39'53" E A DISTANCE OF 9.75 FEET TO A POINT; THENCE
   5. N 85°20'07" W A DISTANCE OF 4.00 FEET TO A POINT; THENCE
   6. N 04°39'53" E A DISTANCE OF 11.00 FEET TO A POINT; THENCE
   7. S 85°20'07" E A DISTANCE OF 4.00 FEET TO A POINT; THENCE
   8.  N  04°14'32"  E A DISTANCE OF 76.20 FEET TO A POINT LOCATED ON THE
 CENTERLINE OF SHETHAR STREET AND, COMMENCING AT THE SAME  POINT  AS  THE
 COURSE  NUMBER  ONE  (NO. 1) HEREINABOVE, THE FOLLOWING FIVE COURSES AND
 DISTANCES FOR THE WEST LINE OF THE SECOND FLOOR OF THE PREMISES:
   1. N 05°03'14" E A DISTANCE OF 53.23 FEET TO A POINT; THENCE
   2. N 06°23'07" E A DISTANCE OF 26.30 FEET TO A POINT; THENCE
   3. S 84°53'38" E A DISTANCE OF 8.00 FEET TO A POINT; THENCE
   4. N 04°39'53" E A DISTANCE OF 20.75 FEET TO A POINT; THENCE
   5. N 04°14'32" E A DISTANCE OF 76.20 FEET TO A POINT  LOCATED  ON  THE
 CENTERLINE OF SHETHAR STREET, SAID POINT BEING THE SAME CENTERLINE POINT
 REFERRED TO IN COURSE NUMBER EIGHT (NO. 8) HEREINABOVE; THENCE ALONG THE
 CENTERLINE  OF  SHETHAR STREET S 88°52'51" E A DISTANCE OF 23.00 FEET TO
 THE POINT AND PLACE OF BEGINNING. CONTAINING AN AREA OF 0.100 ACRES.
   ALL AS MORE FULLY SHOWN ON A SURVEY MAP ENTITLED "PLAN OF LANDS TO  BE
 CONVEYED  TO 41 SHETHAR STREET, LLC", PREPARED BY GILBERT LAND SURVEYING
 SERVICES, JOB NO. GLS-707, DATED FEBRUARY 4, 2010, SAID MAP TO BE  FILED
 IN THE STEUBEN COUNTY CLERK'S OFFICE CONTEMPORANEOUSLY HEREWITH.
   TOGETHER  WITH  AN  EASEMENT  FOR THE USE AND MAINTENANCE OF THE WATER
 PIPE OR THE WATER MAIN UNDER SHETHAR STREET THROUGH THE  NORTH  WALL  OF
 THE  PREMISES,  IMMEDIATELY ADJOINING ON THE WEST OF THE PREMISES HEREBY
 CONVEYED, AND THE CONNECTION WHICH THEN RUNS  THROUGH  THE  WEST  CELLAR
 WALL  OF  THE  PREMISES  HEREBY  CONVEYED.  THERE IS ALSO AN EASEMENT IN
 CONNECTION WITH THE USE OF SOIL PIPE FROM TOILETS ACROSS THE BASEMENT OF
 THE BUILDING IMMEDIATELY ADJOINING ON THE WEST OF  THE  ABOVE  DESCRIBED
 PREMISES AND RUNNING TO A CESSPOOL. TOGETHER WITH THE EASEMENT AND RIGHT
 TO  ENTER  UPON  THE  PREMISES  IMMEDIATELY ADJOINING ON THE WEST OF THE
 ABOVE DESCRIBED PREMISES FOR THE PURPOSE OF INSPECTING,  REPAIRING,  AND
 MAINTAINING  ADEQUATE WATER SUPPLY FROM SAID WATER MAIN AND TO THE PREM-
 ISES HEREBY CONVEYED, AND ALSO TO REPAIR AND MAINTAIN THE SOIL  PIPE  IN
 THE  EVENT  THE ADJOINING OWNERS FAIL TO DO SO. THE WALL NOW SITUATED ON
 THE WEST SIDE OF THE PREMISES  HEREBY  CONVEYED  WHICH  RUNS  NORTH  AND
 SOUTH,  IS  A  PARTY  WALL, AND THE MAINTENANCE SHALL BE DONE EQUALLY BY
 EACH ADJOINING OWNER. THE ROOF ON THE ENTIRE STRUCTURE ALSO  IS  CONSID-
 ERED  AS  A  PARTY  ROOF  AS TO THAT PORTION WHICH COVERS THE PARTY WALL
 AFORESAID.
   TOGETHER WITH THE STAIRWAY EASEMENT FOR INGRESS AND EGRESS BY MEANS OF
 THE STAIRWAY IN THE EASTERLY  SIDE  OF  THE  SAID  PREMISES  IMMEDIATELY
 ADJOINING ON THE WEST OF THE PREMISES HEREBY CONVEYED.
   TOGETHER  WITH  THE  RIGHT  OF WAY AND THE RIGHT TO TRAVEL ON FOOT AND
 WITH TEAMS AND VEHICLES OVER THE ALLEYWAY AND 12 FEET OF  THE  RIGHT  OF
 WAY  LEADING  FROM  SHETHAR  STREET  AND ALONG THE WEST SIDE OF THE TOWN
 HALL, AND FORMER FIRE HOUSE AND THEN EASTERLY  ALONG  THE  REAR  OF  THE
 BUILDINGS TO THE EAST LINE OF THE PREMISES HEREBY CONVEYED.
   TOGETHER  WITH AND SUBJECT TO THE RIGHTS OF THE PUBLIC IN AND TO LANDS
 WITHIN ANY PUBLIC STREET, ANY AND ALL EASEMENTS,  OIL  AND  GAS  LEASES,
 S. 7711                             3
 
 RESTRICTIONS  AND RIGHT(S) OF WAY OF RECORD, AS THE SAME MAY AFFECT SAID
 PREMISES.
   BEING  THE  SAME  PREMISES  CONVEYED  TO THE STEVENS LIVING TRUST FROM
 JAMES H. STEVENS BY DEED DATED JUNE 9, 2000 AND RECORDED IN THE  STEUBEN
 COUNTY  CLERK'S  OFFICE  ON JUNE 12, 2000 IN LIBER 1662 OF DEEDS AT PAGE
 176.
   § 2. This act shall take effect immediately.