S T A T E O F N E W Y O R K
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8328
2025-2026 Regular Sessions
I N S E N A T E
June 3, 2025
___________
Introduced by Sen. STEC -- 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 an
exemption for certain property from the prohibition of alcohol sales
within a certain distance of a church
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 105 of the alcoholic beverage
control law is amended by adding a new paragraph (d) to read as follows:
(D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PREMISES
LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF WARREN, BOUNDED
AND DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN THE CITY OF GLENS
FALLS, COUNTY OF WARREN, NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY SIDE OF GLEN STREET
WITH THE NORTHWESTERLY SIDE OF SOUTH STREET AND RUNNING THENCE ALONG THE
SOUTHWESTERLY SIDE OF GLEN STREET NORTH 51 DEGREES 51 MINUTES WEST
SIXTY-FIVE AND FIFTY-TWO ONE HUNDREDTHS FEET (65.52) TO PREMISES NOW OR
FORMERLY OWNED BY DANIEL L. ROBERTSON, BEING THE STORE LOT FORMERLY
OWNED BY RULIFF KIPP; THENCE SOUTH 38 DEGREES 9 MINUTES WEST ALONG THE
SOUTHEASTERLY SIDE OF SAID ROBERTSON LOT NINE AND FIFTY-EIGHT ONE
HUNDREDTHS FEET (9.58) TO A POINT AT THE SOUTHEASTERLY CORNER OF THE
FOUNDATION OF THE BUILDING ON SAID ROBERTSON PROPERTY AND AT THE
NORTHEASTERLY CORNER OF THE FOUNDATION OF THE BUILDING ON THE PREMISES
HEREIN DESCRIBED AND CONTINUING ON THE SAME COURSE AND ALONG THE SAID
SOUTHEASTERLY SIDE OF SAID ROBERTSON LOT ONE HUNDRED TEN AND THIRTY-NINE
ONE-HUNDREDTHS FEET (110.39) (SAID COURSE BEING IN ALL ONE HUNDRED NINE-
TEEN AND NINETY-SEVEN ONE HUNDREDTHS FEET (119.97) TO THE NORTHEASTERLY
LINE OF THE PREMISES FORMERLY OWNED BY COLVIN & PARKS UPON WHICH IS
CONSTRUCTED THE EMPIRE THEATRE; THENCE ALONG SAID NORTHEASTERLY LINE OF
SAID COLVIN & PARKS (NOW EMPIRE THEATRE LOT) SOUTH 48 DEGREES 2 MINUTES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13311-03-5
S. 8328 2
EAST EIGHTEEN AND THIRTY-FIVE ONE-HUNDREDTHS FEET (18.35) TO AN ANGLE
POINT IN SAID PROPERTY LINE OF LANDS FORMERLY OF COLVIN & PARKS (NOW
EMPIRE THEATRE LOT) WHICH POINT IS NORTH 58 DEGREES 32 MINUTES WEST
SIXTY-TWO AND SEVENTY-FOUR ONE-HUNDREDTHS FEET (62.74) FROM THE
NORTHWESTERLY SIDE OF SOUTH STREET; THENCE CONTINUING ALONG THE
NORTHEASTERLY LINE OF SAID COLVIN & PARKS (NOW EMPIRE THEATRE LOT) SOUTH
58 DEGREES 32 MINUTES EAST SIXTY-TWO AND SEVENTY-FOUR ONE-HUNDREDTHS
FEET (62.74) TO THE NORTHWESTERLY SIDE OF SOUTH STREET AND TO A POINT 12
FEET MEASURED ALONG SAID NORTHWESTERLY SIDE OF SOUTH STREET FROM THE
SOUTHEASTERLY CORNER OF THE FOUNDATION OF THE BUILDING ON SAID PREMISES
HEREIN DESCRIBED (FORMERLY AMERICAN HOTEL AND LATER HOTEL RULIFF AND NOW
PLAZA HOTEL); THENCE ALONG THE SAID NORTHWESTERLY SIDE OF SAID SOUTH
STREET NORTH 30 DEGREES 36 MINUTES EAST ONE HUNDRED FOURTEEN AND NINE-
TY-ONE HUNDREDTHS FEET (114.90) TO THE POINT OR PLACE OF BEGINNING.
"RESERVING, HOWEVER, THE RIGHT OF WAY BETWEEN THE SAID COLVIN & PARKS
LINE AND THE SAID PLAZA HOTEL BUILDING AND ALONG THE NORTHERLY LINE OF
SAID COLVIN & PARKS PROPERTY SUFFICIENT FOR TEAMS TO PASS THROUGH AND
FOR ALL PEDESTRIANS SEEKING INGRESS AND EGRESS FROM SAID COLVIN & PARKS
LAND WHICH RIGHT OF WAY SHALL NOT BE OBSTRUCTED OR BUILT OVER BY THE
OWNER OF THE PREMISES HEREIN DESCRIBED, ITS SUCCESSORS OR ASSIGNS."
EXCEPTING AND RESERVING FROM THE FOREGOING, THE UNDERGROUND PASSAGEWAY
OR VAULT, LOCATED IN THE ALLEY EXTENDING WESTERLY FROM SOUTH STREET IN
SAID CITY OF GLENS FALLS, BESIDE THE BUILDING LOCATED ON THE LANDS NOW
OR FORMERLY OF EMPIRE REAL ESTATE & THEATRE CO., AS DESCRIBED IN A DEED
FROM J.E. BENNETT AND NICHOLAS KAKOULIS TO NEW YORK POWER AND LIGHT
CORPORATION, DATED THE 13TH DAY OF NOVEMBER, 1942 AND RECORDED IN THE
WARREN COUNTY CLERK'S OFFICE ON THE 16TH DAY OF JANUARY, 1943 IN BOOK
223 OF DEEDS AT PAGE 535, TOGETHER WITH THE RIGHTS OF WAY AND EASEMENTS
THEREIN PROVIDED.
§ 2. This act shall take effect immediately.