1. The Laws of New York
  2. Consolidated Laws
  3. Alcoholic Beverage Control
  4. Article 8: General Provisions


Section 106 Provisions governing licensees to sell at retail for consumption on the premises

Alcoholic Beverage Control (ABC)

Provisions governing licensees to sell at retail for consumption on the premises. 1. No retail license for on-premises consumption shall be granted for any premises, unless the applicant shall be the owner thereof, or shall be in possession of said premises under a lease, management agreement or other agreement giving the applicant control over the food and beverage at the premises, in writing, for a term not less than the license period except, however, that such license may thereafter be renewed without the requirement of a lease, management agreement or other agreement giving the applicant control over the food and beverage at the premises, as herein provided. This subdivision shall not apply to premises leased from government agencies, as defined under subdivision twelve-c of section three of this chapter; provided, however, that the appropriate administrator of such government agency provides some form of written documentation regarding the terms of occupancy under which the applicant is leasing said premises from the government agency for presentation to the state liquor authority at the time of the license application. Such documentation shall include the terms of occupancy between the applicant and the government agency, including, but not limited to, any short-term leasing agreements or written occupancy agreements.

  2. (a) No retail licensee for on-premises consumption, except corporations operating railroad cars or aircraft being operated on regularly scheduled flights by a United States certificated airline or persons or corporations operating a hotel, as defined in subdivision fourteen of section three of this chapter, for exclusive use in the furnishing of room service in the manner prescribed by rule or regulation of the state liquor authority, shall keep upon the licensed premises any liquors and/or wines in any cask, barrel, keg, hogshead or other container, except in the original sealed package as received from the manufacturer or wholesaler. Such containers shall have affixed thereto such labels as may be required by the rules of the liquor authority, together with all necessary federal revenue and New York state excise stamps as required by law. No retail licensee for on-premises consumption shall reuse, refill, tamper with, intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.

  (b) Notwithstanding the provisions of paragraph (a) of this subdivision, a retail licensee for on-premises consumption may prepare and keep drinks containing alcoholic beverages in dispensing machines, having capacities of not less than a gallon, which continually mix such drinks.

  3. No retail licensee for on-premises consumption shall sell, deliver or give away, or cause or permit or procure to be sold, delivered or given away any liquors and/or wines for consumption off the premises where sold. The provisions of this subdivision shall not prohibit a licensed winery or farm winery from allowing a patron to leave the winery or farm winery with a partially consumed bottle of wine provided that the removal of the bottle is done in accordance with subdivision four of section eighty-one of this chapter.

  4. (a) No liquors and/or wines shall be sold or served in premises licensed under section sixty-four or clause (a) of subdivision six of section sixty-four-a of this chapter, except at tables where food may be served and except as provided by subdivision four of section one hundred.

  (b) No liquors and/or wines shall be sold or served in premises licensed under clause (b) of subdivision six of section sixty-four-a of this chapter, except at such times and upon such conditions and by the use of such facilities as the liquor authority, by regulation, may prescribe with due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter.

  4-a. No beer shall be sold or served at a bar, counter or other similar contrivance unless a card, sign or plate, visible to the customer, upon which the name of the brewer is conspicuously and legibly displayed, is annexed or affixed to the tap or faucet from which the beer is drawn.

  5. No alcoholic beverages shall be sold, offered for sale or given away upon any premises licensed to sell alcoholic beverages at retail for on-premises consumption, during the following hours:

  (a) Except as provided in paragraph (c) of this subdivision, on Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to a permit issued under section ninety-nine-h of this chapter.

  (b) Except as provided in paragraph (c) of this subdivision, on any other day between four ante meridiem and eight ante meridiem.

  (c) On any day between three ante meridian and six ante meridian, for a premises located within an international airport owned or operated by the Port Authority of New York and New Jersey. The provisions of this paragraph shall not be subject to change pursuant to subdivision eleven of section seventeen of this chapter.

  Unless otherwise approved by the authority pursuant to subdivision eleven of section seventeen of this chapter, where any rule has been adopted in a county on or before April first, nineteen hundred ninety-five, further restricting the hours of sale for alcoholic beverages, such restricted hours shall be the hours, during which the sale of alcoholic beverages at retail for on-premises consumption shall not be permitted within such county.

  Nor shall any person be permitted to consume any alcoholic beverages upon any such premises later than one-half hour after the start of the prohibited hours of sale provided for in this section.

  6. No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises, or suffer or permit such premises to become disorderly. The use of the licensed premises, or any part thereof, for the sale of lottery tickets, playing of bingo or games of chance, or as a simulcast facility or simulcast theater pursuant to the racing, pari-mutuel wagering and breeding law, when duly authorized and lawfully conducted thereon, shall not constitute gambling within the meaning of this subdivision.

  6-a. No retail licensee for on-premises consumption shall suffer or permit any person to appear on licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof.

  6-b. No retail licensee for on-premises consumption shall suffer or permit any contest or promotion which endangers the health, safety, and welfare of any person with dwarfism. Any retail licensee in violation of this section shall be subject to the suspension or revocation of said licensee's license to sell alcoholic beverages for on-premises consumption. For the purposes of this section, the term "dwarfism" means a condition of being abnormally small which is caused by heredity, endocrine dysfunction, renal insufficiency or deficiency or skeletal diseases that result in disproportionate short stature and adult height of less than four feet ten inches.

  6-c. (a) No retail licensee for on-premises consumption shall suffer, permit or promote an event on its premises wherein the contestants deliver, or are not forbidden by the applicable rules thereof from delivering kicks, punches or blows of any kind to the body of an opponent or opponents, whether or not the event consists of a professional match or exhibition, and whether or not the event or any such act, or both, is done for compensation.

  (b) The prohibition contained in paragraph (a) of this subdivision, however, shall not be applied to any authorized combative sport.

  (c) In addition to any other penalty provided by law, a violation of this subdivision shall constitute an adequate ground for instituting a proceeding to suspend, cancel or revoke the license of the violator in accordance with the applicable procedures specified in section one hundred nineteen of this article.

  7. Except where a permit to do so is obtained pursuant to section 405.10 of the penal law, no retail licensee for on-premises consumption shall suffer, permit, or promote an event on its premises wherein any person shall use, explode, or cause to explode, any fireworks or other pyrotechnics in a building as defined in paragraph e of subdivision one of section 405.10 of the penal law, that is covered by such retail license or possess such fireworks or pyrotechnics for such purpose. In addition to any other penalty provided by law, a violation of this subdivision shall constitute an adequate ground for instituting a proceeding to suspend, cancel, or revoke the license of the violator in accordance with the applicable procedures specified in section one hundred nineteen of this article. Provided however, if more than one retail licensee is participating in a single event, upon approval by the authority, only one retail licensee must obtain such permit.

  8. A club or a luncheon club licensed to sell alcoholic beverages for on-premises consumption shall be permitted to sell such beverages only to its members and to their guests accompanying them.

  9. No restaurant and no premises licensed to sell liquors and/or wines for on-premises consumption under clause (a) of subdivision six of section sixty-four-a of this chapter shall be permitted to have any opening or means of entrance or passageway for persons or things between the licensed premises and any other room or place in the building containing the licensed premises, or any adjoining or abutting premises, unless such licensed premises are in a building used as a hotel and serves as a dining room for guests of such hotel, or unless such premises are a bona fide restaurant with such access for patrons and guests from any part of such building or adjoining or abutting premises as shall serve public convenience in a reasonable and suitable manner; or unless such licensed premises are in a building owned or operated by any county, town, city, village or public authority or agency, in a park or other similar place of public accommodation. All glass in any window or door on said licensed premises shall be clear and shall not be opaque, colored, stained or frosted.

  10. A vessel licensed to sell liquors and/or wines for on-premises consumption shall not be permitted to sell any liquors and/or wines, while said vessel is moored to a pier or dock, except that vessels sailing on established schedules shall be permitted to sell liquors and/or wines for a period of three hours prior to the regular advertised sailing time.

  11. A railroad car or aircraft being operated on regularly scheduled flights by a United States certificated airline licensed to sell liquors and/or wines for on-premises consumption shall be permitted to sell liquors and/or wines only to passengers and while in actual transit, except that a railroad operating licensed cars shall be allowed to sell liquors and/or wines from portable carts located on station platforms located at Penn Station, Grand Central Station, Jamaica, Hunterspoint Avenue or Flatbush from which such licensed railroad cars depart.

  12. Each retail licensee for on-premises consumption shall keep and maintain upon the licensed premises, adequate records of all transactions involving the business transacted by such licensee which shall show the amount of alcoholic beverages, in gallons, purchased by such licensee together with the names, license numbers and places of business of the persons from whom the same were purchased, the amount involved in such purchases, as well as the sales of alcoholic beverages made by such licensee. The liquor authority is hereby authorized to promulgate rules and regulations permitting an on-premises licensee operating two or more premises separately licensed to sell alcoholic beverages for on-premises consumption to inaugurate or retain in this state methods or practices of centralized accounting, bookkeeping, control records, reporting, billing, invoicing or payment respecting purchases, sales or deliveries of alcoholic beverages, or methods and practices of centralized receipt or storage of alcoholic beverages within this state without segregation or earmarking for any such separately licensed premises, wherever such methods and practices assure the availability, at such licensee's central or main office in this state, of data reasonably needed for the enforcement of this chapter. Such records shall be available for inspection by any authorized representative of the liquor authority.

  13. (a) No retail licensee for on-premises consumption shall be interested, directly or indirectly, in any premises where liquors, wines or beer are manufactured or sold at wholesale, by stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means, except that liquors, wines or beer may be manufactured or sold wholesale by the person licensed as a manufacturer or wholesaler thereof:

  (i) on real property owned by an interstate railroad corporation or a United States certificated airline with a retail license for on-premises consumption; or

  (ii) on premises or with respect to a business constituting an overnight lodging and resort facility located wholly within the boundaries of the town of North Elba, county of Essex, township eleven, Richard's survey, great lot numbers two hundred seventy-eight, two hundred seventy-nine, two hundred eight, two hundred ninety-eight, two hundred ninety-nine, three hundred, three hundred eighteen, three hundred nineteen, three hundred twenty, three hundred thirty-five and three hundred thirty-six, and township twelve, Thorn's survey, great lot numbers one hundred six and one hundred thirteen, as shown on the Adirondack map, compiled by the conservation department of the state of New York - nineteen hundred sixty-four edition, in the Essex county atlas at page twenty-seven in the Essex county clerk's office, Elizabethtown, New York, provided that such facility maintains not less than two hundred fifty rooms and suites for overnight lodging; or

  (iii) on premises or with respect to the operation of a restaurant in an office building located in a city having a population of five hundred thousand or more and in which is located the licensed premises of such manufacturer or wholesaler, provided that the building, the interior of the retail premise and the rental therefor fully comply with the criteria set forth in paragraph two of subdivision three of section one hundred one of this article; or

  (iv) any such premises or business located on that tract or parcel of land, or any subdivision thereof, situate in the Village of Lake Placid, Town of North Elba, Essex County, New York; it being also a part of Lot No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22 as shown and designated on a certain map entitled "Map of Building Sites for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife made by G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and filed in the Essex County Clerk's Office on August 27, 1964, and more particularly bounded and described as follows; BEGINNING at the intersection of the northerly bounds of Shore Drive (formerly Mirror Street) with the westerly bounds of Park Place (formerly Rider Street) which point is also the northeast corner of Lot No. 23, from thence South 21Á50' East in the westerly bounds of Park Place a distance of 119 feet, more or less, to a lead plug in the edge of the sidewalk marking the southeast corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence South 68Á00'50" West a distance of 50.05 feet to an iron pipe set in concrete at the corner of Lots 23 and 22; from thence South 65Á10'50" West a distance of 7.94 feet along the south line of Lot No. 22 to an iron pipe for a corner; from thence North 23Á21'40" West and at 17.84 feet along said line passing over a drill hole in a concrete sidewalk, and at 68.04 feet further along said line passing over an iron pipe at the southerly edge of another sidewalk, and at 1.22 feet further along said line passing over another drill hole in a sidewalk, a total distance of 119 feet, more or less, to the northerly line of Lot No. 22; from thence easterly in the northerly line of Lot 22 and 23 to the northeast corner of Lot No. 23 and the point of beginning. Also including the lands to the center of Shore Drive included between the northerly straight line continuation of the side lines of the above described parcel, and to the center of Park Place, where they abut the above described premises SUBJECT to the use thereof for street purposes. Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers by deed dated June 30, 1992, recorded in the Essex County Clerk's Office on July 10, 1992 in Book 1017 of Deeds at Page 318; or

  (v) any such premises or business located on that certain piece or parcel of land, or any subdivision thereof, situate, lying and being in the Town of Plattsburgh, County of Clinton, State of New York and being more particularly bounded and described as follows: Starting at an iron pipe found in the easterly bounds of the highway known as the Old Military Turnpike, said iron pipe being located 910.39 feet southeasterly, as measured along the easterly bounds of said highway, from the southerly bounds of the roadway known as Industrial Parkway West, THENCE running S 31Á 54' 33" E along the easterly bounds of said Old Military Turnpike Extension, 239.88 feet to a point marking the beginning of a curve concave to the west; thence southerly along said curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe found marking the point of beginning for the parcel herein being described, said point also marked the southerly corner of lands of Larry Garrow, et al, as described in Book 938 of Deeds at page 224; thence N 07Á 45' 4" E along the easterly bounds of said Garrow, 748.16 feet to a 3"x4" concrete monument marking the northeasterly corner of said Garrow, the northwesterly corner of the parcel herein being described and said monument also marking the southerly bounds of lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page 186; thence S 81Á 45' 28" E along a portion of the southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the northeasterly corner of the parcel herein being described and also marking the northwest corner of the remaining lands now or formerly owned by said Marx and Delaura; thence S 07Á 45' 40" W along the Westerly bounds of lands now of formerly of said Marx and DeLaura and along the easterly bounds of the parcel herein being described, 560.49 feet to an iron pin; thence N 83Á 43' 21" W along a portion of the remaining lands of said Marx and DeLaura, 41.51 feet to an iron pin; thence S 08Á 31' 30" W, along a portion of the remaining lands of said Marx and Delaura, 75.01 feet to an iron pin marking northeasterly corner of lands currently owned by the Joint Council for Economic Opportunity of Plattsburgh and Clinton County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82Á 20' 32" W along a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an iron pin; thence 61Á 21' 12" W, continuing along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S 07Á 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron pin; thence S 66Á 48' 56" W along a portion of the northerly bounds of remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe found on the easterly bounds of the aforesaid highway, said from pipe also being located on a curve concave to the west; thence running and running northerly along the easterly bounds of the aforesaid highway and being along said curve, with the curve having a radius of 987.93 feet, 60.00 feet to the point of beginning and containing 6.905 acres of land. Being the same premises as conveyed to Ronald Marx and Alice Marx by deed of CIT Small Business Lending Corp., as agent of the administrator, U.S. Small Business Administration, an agency of the United States Government dated September 10, 2001 and recorded in the office of the Clinton County Clerk on September 21, 2001 as Instrument #135020 ; or

  (vi) any such premises or businesses located on that certain plot, piece or parcel of land, situate, lying and being in the Second Ward of the City of Schenectady, on the Northerly side of Union Street, bounded and described as follows: to wit; Beginning at the Southeasterly corner of the lands lately owned by Elisha L. Freeman and now by Albert Shear; and running from thence Easterly along the line of Union Street, 44 feet to the lands now owned by or in the possession of James G. Van Vorst; thence Northerly in a straight line along the last mentioned lands and the lands of the late John Lake, 102 feet to the lands of one Miss Rodgers; thence Westerly along the line of the last mentioned lands of said Rodgers to the lands of the said Shear; and thence Southerly along the lands of said Shear 101 feet, 6 inches to Union Street, the place of beginning.

  Also all that tract or parcel of land, with the buildings thereon, situate in the City of Schenectady, County of Schenectady, and State of New York, situate in the First, formerly the Second Ward of the said City, on the Northerly side of Union Street, which was conveyed by William Meeker and wife to Elisha L. Freeman by deed dated the second day of December 1843, and recorded in the Clerk's Office of Schenectady County on December 5, 1843, in Book V of Deeds at page 392, which lot in said deed is bounded and described as follows: Beginning at a point in the Northerly line of Union Street where it is intersected by the Easterly line of property numbered 235 Union Street, which is hereby conveyed, and running thence Northerly along the Easterly line of said property, One Hundred Forty and Five-tenths (140.5) feet to a point sixteen (16) feet Southerly from the Southerly line of the new garage built upon land adjoining on the North; thence Westerly parallel with said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin of Union Street; thence Easterly along the Northerly margin of Union Street, about Forty-eight and three-tenths (48.3) feet to the point or place of beginning.

  The two above parcels are together more particularly described as follows:

  All that parcel of land in the City of Schenectady beginning at a point in the northerly margin of Union Street at the southwesterly corner of lands now or formerly of Friedman (Deed Book 636 at page 423) which point is about 60 feet westerly of the westerly line of North College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the southeasterly corner of other lands now or formerly of Friedman (Deed Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the southwesterly corner of lands now or formerly of Stockade Associates (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to lands now or formerly at McCarthy (Deed Book 1129 at page 281); thence along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621); thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence still along lands of SONYMA and lands now or formerly of Magee (Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a corner; thence still along lands of Magee and Lands of Friedman first above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.

  Excepting and reserving all that portion of the above parcel lying easterly of a line described as follows:

  All that tract or parcel of land, situated in the City of Schenectady and County of Schenectady and State of New York, on the Northerly side of Union Street bounded and described as follows:

  Beginning at a point in the northerly line of Union Street, said point being in the division line between lands now or formerly of Electric Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees under Will of Ruth F. Wexler (Street number 241 Union Street) on the East; thence North 03 deg. 04' 10" East, along the building known as Street No. 241 Union Street, a distance of 30.50 feet to a point; thence North 88 deg. 45' 45" West, along said building and building eve, a distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East, along said building eve of Street No. 241 Union Street, a distance of 32.74 feet; thence South 88 deg. 45' 45" East, along said building eve, a distance of 1.2 feet to an intersection of building corner of Street No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30" East, along said brick wall, a distance of 14.47 feet to a point in the corner of the brick wall, thence South 86 deg. 46' 45" East along said brick wall a distance of 4.42 feet to the intersection of brick wall with the boundary line between the Electric Brew Pubs, Inc. (aforesaid) on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic, (aforesaid) on the East; thence North 03 deg 10' 08" East a distance of 0.62 feet to the Northeast corner of lands belonging to Margaret Wexler and Donna Lee Wexler Pavlovic.

  Also all that tract or parcel of land commonly known as the Union Street School, located on the Northeasterly corner of Union and North College Streets in the First Ward of the City and County of Schenectady and State of New York, more particularly bounded and described as follows: Beginning at a point in the Northerly street line of Union Street where it is intersected by the Easterly street line of North College Street, and runs thence Northerly along the Easterly street line of North College Street, one hundred seven and five-tenths (107.5) feet to a point, thence easterly at an angle of ninety (90) degrees, one hundred ninety-one and seventy-five hundredths (191.75) feet to a point in the Northwesterly street line of Erie Boulevard thence southwesterly along the Northwesterly street line of Erie Boulevard, one hundred twenty-three and eight-tenths (123.8) feet to its intersection with the Northerly street line of Union Street; thence Westerly along the Northerly street line of Union Street, one hundred twenty-four and fifty-five hundredths (124.55) feet to the point or place of beginning.

  The above described parcel of property includes the Blue Line parcel of land, which is a portion of the abandoned Erie Canal Lands, located in the First Ward of the City of Schenectady, New York, and which Blue Line parcel lies between the Northwesterly line of Erie Boulevard as set forth in the above described premises and the Northeasterly lot line of the old Union Street School as it runs parallel with the Northwesterly line of Erie Boulevard as aforesaid.

  The two above parcels are together more particularly described as follows: All that parcel of land in the City of Schenectady beginning at a point in the northerly margin of Union Street and the northwesterly margin of Erie Boulevard and runs thence along Union Street N. 86 deg. 42' 20" W. 124.55 feet to the easterly margin of North College Street; thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to the southeasterly corner of lands now or formerly of McCarthy (Deed Book 1129 at page 279); thence along McCarthy, Cottage Alley and lands now or formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E. 191.75 feet to the northwesterly margin of Erie Boulevard; thence along Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of beginning;

  (vii) any such premises or businesses located on that tract or parcel of land situate in the Town of Hopewell, Ontario County, State of New York, bounded and described as follows: Commencing at a 5/8" rebar found on the division line between lands now or formerly of Ontario County - Finger Lakes Community College (Liber 698 of Deeds, Page 466) on the north and lands now or formerly of James W. Baird (Liber 768 of Deeds, Page 1109) on the south; thence, North 43Á-33'-40" West, on said division line, a distance of 77.32 feet to the Point of Beginning. Thence, North 43Á-33'-40" West, continuing on said division line and through said lands of Ontario County, a distance of 520.45 feet to a point on the southeasterly edge of an existing concrete pad; thence, South 74Á-19'-53" West, along said edge of concrete and the projection thereof, a distance of 198.78 feet to a point on the easterly edge of pavement of an existing campus drive; thence, the following two (2) courses and distances along said edge of pavement: Northeasterly on a curve to the left having a radius of 2221.65 feet, a chord bearing of North 30Á-16'-39" East, a chord distance of 280.79, a central angle of 07Á-14'-47", a length of 280.98 feet to a point of reverse curvature; thence, Northeasterly on a curve to the right having a radius of 843.42 feet, a chord bearing of North 45Á-25'-09" East, a chord distance of 534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the corner of the property acquired by Ontario County (Liber 766 of Deeds, Page 1112), as shown on a map recorded in the Ontario County Clerk's Office as Map No. 6313; thence, the following four (4) courses and distances along said property line: South 30Á-04'-59" East, a distance of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of 147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of 200.93 feet to a point; thence, South 23Á-48'-53" West, along said property line, and the projection thereof, through the first said lands of Ontario County - Finger Lakes Community College (Liber 698 of Deeds, Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel containing 7.834 acres, more or less, as shown on a map entitled "Proposed Lease Area - Friends of the Finger Lakes Performing Arts Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01, dated June 10, 2005, last revised August 17, 2005. The related PAC Properties are shown on the Map denominated "FLCC Campus Property, FLPAC Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds at page 9 and are comprised of the areas separately labeled as Parking Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the Entry Roads;

  (viii) any such premises or businesses located on all that certain piece or parcel of land situate in the City of Syracuse, County of Onondaga, State of New York, lying generally Northwesterly of the West Hiawatha Boulevard, and generally Northeasterly of the New York State Barge Canal, being a portion of Lot 11I and Lot 11J of the Carousel Center Subdivision as shown on a resubdivision plan of the Carousel Center Subdivision filed as Map No. 8743 in the Onondaga County Clerk's Office, and as of May 20, 2014 identified as space L323 in a lease between the liquor license applicant and property owner and on the third level of the shopping center thereon, such shopping center land being more particularly bounded and described as follows:

  BEGINNING at the point of the intersection of the division line between the Northeasterly boundary of the New York State Barge Canal, Syracuse Terminal designated as "Parcel No. T-111" on the Southwest and Lot 11I of the Carousel Center Subdivision on the Northeast with the Northwesterly boundary of West Hiawatha Boulevard; thence North 50 deg. 26 min. 28 sec. West, along said division line, 690.72 feet; to a point; thence through Lot 11I and 11J of said subdivision the following thirty-five (35) courses and distances:

  1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;

  2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;

  3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;

  4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;

  5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;

  6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;

  7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;

  8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;

  9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;

  10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;

  11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;

  12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;

  13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;

  14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;

  15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;

  16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;

  17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;

  18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;

  19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;

  20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;

  21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;

  22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;

  23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;

  24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;

  25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;

  26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;

  27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;

  28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;

  29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;

  30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;

  31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;

  32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;

  33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;

  34) Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point; and

  35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to a point on the westerly right of way line of Interstate Route 81, Thence along the westerly and southwesterly right of way line of Interstate Route 81, in a generally southeasterly direction, the following seven (7) courses and distances:

  1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;

  2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;

  3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;

  4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;

  5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;

  6) Thence South 42 deg. 27 min. 42 sec. East 58.65 feet to a point; and

  7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its intersection with lands appropriated by the People of the State of New York described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836; Thence along the bounds of said Map 1401 Parcel 1831 the following fifteen (15) courses and distances:

  1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence

  2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence

  3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence

  4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence

  5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence

  6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence

  7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence

  8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence

  9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence

  10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence

  11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence

  12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence

  13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence

  14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and

  15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with the northerly bounds of Map 1402 Parcel 1836 of said appropriation; Thence along the bounds of Map 1402 Parcel 1836 as described in Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the following three (3) courses and distances:

  1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence

  2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and

  3) North 07 deg. 40 min. 37 sec. East 70.35 feet to its intersection with the bounds of the hereinabove described Map 1401 Parcel 1831; Thence along the bounds of said Map 1401 Parcel 1831 the following ten (10) courses and distances:

  1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence

  2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence

  3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence

  4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence

  5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence

  6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence

  7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence

  8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence

  9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and

  10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its intersection with the division line between Lot 11J on the Northwest and the lands now or formerly of Woodstead Enterprises Co. as described in Book 3530 of Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown and Oswego Railroad Company via Letters Patent, Book 292, Page 264); thence South 28 deg. 12 min. 27 sec. West along said division line and along the Northwesterly boundary of West Hiawatha Boulevard in part, 36.93 feet to its point of intersection with Northeasterly boundary of West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along said Northeasterly boundary 158.30 feet to its point of intersection with the Northwesterly boundary of said West Hiawatha Boulevard; thence West along said Northwesterly boundary the following three (3) courses: 1) South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2) South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and 3) South 23 deg. 40 min. 55 sec. West 220.04 feet to its point of intersection with Southwesterly boundary of West Hiawatha Boulevard; thence South 49 deg. 30 min. 46 sec. East along said Southwesterly boundary, 0.30 feet to its point of intersection with the first hereinabove described Northwesterly boundary of West Hiawatha Boulevard; thence South 40 deg. 26 min. 20 sec. West, along said Northwesterly boundary, 98.08 feet to its point of intersection with the division line between Lot 11J on the Northeast and Lot 11H of the Carousel Center Subdivision on the Southwest; thence North 50 deg. 25 min. 12 sec. West, along said division line, 147.85 feet to the Northwest corner of Lot 11H; thence South 40 deg. 26 min. 20 sec. West 217.47 feet to the Southwest corner of lot 11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a point on the first hereinabove described Northwesterly boundary of West Hiawatha Boulevard; thence along said Northwesterly boundary of West Hiawatha Boulevard the following two (2) courses: 1) South 40 deg. 26 min. 20 sec. West 17.66 feet to a point; and 2) South 43 deg. 01 min. 50 sec. West 468.25 feet to the point of beginning.

  Excepting the following piece or parcel of land appropriated by the People of the State of New York described as Map 1401 Parcel 1832 in Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836: Commencing at the southwest corner of herein above described Map 1402 Parcel 1836 said point having a proceeding course of South 07 deg. 40 min. 17 sec. West 70.35 feet in the premises describe hereinabove; thence North 13 deg. 18 min. 48 sec. West 138.17 feet to the southeast corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401 Parcel 1832 the following four (4) courses and distances:

  1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence

  2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence

  3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and

  4) South 07 deg. 53 min. 54 sec. West 353.36 feet to the point of beginning; or such premises or businesses located on that tract or parcel of land situate lying and being in the Town of Oneonta, County of Otsego and State of New York and being a portion of Otsego County Tax Map Department Parcel Number 287.00-1-33 and bounded and described as follows: Beginning at a point 2.12 feet off the northeasterly corner of a one story building on the lands, now or formerly, of Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Brenda Patton, which point lies N 87Á55'13" W a distance of 149.37' from the northeast corner of the Patton lands; thence N 74Á30'18" W a distance of 51.50 feet to a point; thence S 15Á29'42" W a distance of 2.00 feet to a point; thence N 74Á30'18" W a distance of 14.00 feet to a point; thence S 15Á29'42" W a distance of 19.20 feet to a point; thence S 74Á30'18" E a distance of 14.20 feet to a point; thence S 15Á29'42" W a distance of 4.20 feet; thence S 74Á30'18" E a distance of 51.30 feet to a point; thence N 15Á29'42" E a distance of 25.40 feet to a point to the point and place of beginning; or

  (ix) on premises or with respect to a business constituting the overnight lodging facility located wholly within the boundaries of that tract or parcel of land situated in the borough of Manhattan, city and county of New York, beginning at a point on the northerly side of west fifty-fourth street at a point one hundred feet easterly from the intersection of the said northerly side of west fifty-fourth street and the easterly side of seventh avenue; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the center line of the block; running thence easterly and parallel with the northerly side of west fifty-fourth street and along the center line of the block fifty feet to a point; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the southerly side of west fifty-fifth street at a point distant one hundred fifty feet easterly from the intersection of the said southerly side of west fifty-fifth street and the easterly side of seventh avenue; running thence easterly along the southerly side of west fifty-fifth street thirty-one feet three inches to a point; running thence southerly and parallel with the easterly side of the seventh avenue one hundred feet five inches to the center line of the block; running thence easterly along the center line of the block and parallel with the southerly side of west fifty-fifth street, one hundred feet; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the southerly side of west fifty-fifth street; running thence easterly along the southerly side of west fifty-fifth street twenty-one feet ten and one-half inches to a point; running thence southerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the center line of the block; running thence westerly along the center line of the block and parallel with the northerly side of west fifty-fourth street three feet one and one-half inches; running thence southerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the northerly side of west fifty-fourth street at a point distant three hundred feet easterly from the intersection of the said northerly side of west fifty-fourth street and the easterly side of seventh avenue; running thence westerly and along the northerly side of west fifty-fourth street two hundred feet to the point or place of beginning, provided that such facility maintains not less than four hundred guest rooms and suites for overnight lodging; or

  (x) on such premises or business located on any of the following four parcels:

  Parcel A

  any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of the Village of Altmar, County of Oswego, Great Lot 19 beginning at a point on centerline of Pulaski Street at its intersection with the division line between the lands now or formerly of Altmar Parish Williamstown Central School District (APW CSD) as described in Book 378 of Deeds at Page 118 on the northwest and the lands now or formerly of Tostanoski as described in Book 1356 of Deeds at Page 55 on the southeast; Thence along said centerline the following two (2) courses: 1) North 37 deg. 35 min. 00 sec. West, a distance of 803.88 ft. to a point and 2). North 45 deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its intersection with the division line between the said lands of APW CSD on the southeast and the lands now or formerly of Hayward as described in Book 894 of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence North 23 deg. 48 min. 43 sec. East along said division, a distance of 131.66 ft. to its intersection with the division line between the said lands of APW CSD on the north and the said lands of Hayward on the south; Thence South 73 deg. 16 min. 17 sec. West along the said division line, a distance of 131.66 ft. to its intersection with the division line between the said lands of APW CSD and the lands now or formerly of National Grid as described in Book 282 of Deeds at Page 552; Thence along said division line to the following six (6) courses: 1) North 23 deg. 43 min. 38 sec. East, a distance of 158.73 ft. to a point; thence 2) North 83 deg. 39 min. 24 sec. West, a distance of 190.48 ft. to a point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15 ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a distance of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec. East, a distance of +/- 522 ft. to its intersection with the center of Salmon River; Thence upstream along said center, and in a generally southerly direction, a distance of +/- 1,455 ft. to its intersection with the division line between the said lands of APW CSD on the northwest and the lands now or formerly of Bennett as described in Book 927 of Deeds at Page 65 on the southeast; Thence South 52 deg. 19 min. 00 sec. West along said division line, a distance of +/- 170 ft. to a point; Thence South 52 deg. 19 min. 00 sec. West, continuing along said division line, a distance of 400.00 ft. to its intersection with the centerline of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West along said centerline, a distance of 53.65 ft. to its intersection with the division line between the said lands of APW CSD on the southeast and the lands now or formerly of Pfluger as described in Book 922 of Deeds at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec. East along said division line, a distance of 330.00 ft. to its intersection with the division line between the said lands of APW CSD on the northeast and the said lands of Pfluger, the lands now or formerly of Endsley as described in Book 1520 of Deeds at page 5, and the hereinabove said lands of Tostanoski, in part by each, on the southwest; Thence North 37 deg. 35 min. 00 sec. West along said division line, a distance of 247.50 ft. to its intersection with the division line between the said lands of APW CSD on the northwest and the said lands of Tostanoski on the southeast; Thence South 52 deg. 25 min. 000 sec. West along said division line, a distance of 330.00 ft. to the POINT OF BEGINNING; or

  Parcel B

  any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of that tract or parcel of land situate in the city of Syracuse, County of Onondaga and State of New York, being part of Block 366 in said City and more particularly bounded and described as follows: beginning at a point at the intersection of the southerly line of East Genesee Street with the westerly line of University Avenue; running thence: South 00Á 30' 30" West, along said Westerly line of University Avenue, a distance of 75.16 feet to a point therein; Thence North 89Á 49' 00" West, a distance of 140.00 feet to a point; thence South 00Á 30' 30" West, a distance of 271.55 feet to a point; Thence North 89Á 49' 00" West, a distance of 103.01 feet to a point; Thence South 00Á 11' 00" West, a distance of 132.00 feet to a point in the northerly line of Madison Street; Thence North 89Á 49' 0" West along said northerly line, a distance of 141.36 feet to a point; Thence North 00Á 25' 10" East, a distance of 50 feet to a point in the westerly line of Farm Lot 200 of the Salt Springs Reservation; Thence North 03Á 26' 10" West along said westerly line, a distance of 415.12 feet to a point in the southerly line of East Genesee Street; Thence North 88Á 11' 00" East, along said southerly line, a distance of 412.50 feet to the point of beginning. The premises are also described as follows: All that tract or parcel of land, situate in the City of Syracuse, County of Onondaga and State of New York, being known as new Lot 1A as is more particularly shown on a Resubdivision Map of Part of Block 366 made by Christopherson Land Surveying and filed in the Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or

  Parcel C

  any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of all that tract or parcel of land situate in the city of Syracuse, County of Onondaga and State of New York, being a part of Lots 200 and 201, Lots 2, 6, and 7, Block 368 in the City of Syracuse and being further described as follows: Beginning at a drill hole set at the intersection of the easterly street margin of South Crouse Avenue and the southerly street margin of Harrison Street; Thence S. 89Á 51' 36" E. (S 89Á 49' 40" E measured), along the southerly street margin of Harrison Street, a distance of 395.30 feet to a capped iron rod set at the westerly line of a parcel of land conveyed to Syracuse University; Thence S. 00Á 28' 34" W. (S 00Á 30' 30" W measured), along the westerly line of those parcels of land conveyed to Syracuse University, a distance of 132.00 feet to a capped iron rod set; Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W measured), along the northerly line of a parcel of land conveyed to Syracuse University, a distance of 132.00 feet to a capped iron rod set; Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W measured), along the northerly line of a parcel of land conveyed to Syracuse University, a distance of 66.00 feet to a capped iron rod set; Thence S. 00Á 28' 34" W. (S 00Á 30' 30" W measured), along the westerly line of that Syracuse University Property, a distance of 71.25 feet to a capped iron rod set; Thence N 89Á 55' 36" W. (89Á 53' 39" W measured), a distance of 130.40 feet to a capped iron rod set at the easterly line of that parcel of land conveyed to Crouse Health Systems, Inc. by deed recorded in the Onondaga County Clerk's Office in Liber 4800 at Page 730; Thence N. 03Á 44' 23" W. (03Á 42' 26" W measured), along the easterly line of the Crouse Health System, Inc. property, a distance of 37.99 feet to a magnetic nail set at the northeast corner of the aforementioned Crouse Health System, Inc.; Thence N. 89Á 51' 36' W. (N 89Á 49' 40" W measured), along the northerly line of the Crouse Health System, Inc. Property, a distance of 195.85 feet to a capped iron rod set at the easterly street margin of South Crouse Avenue; Thence N. 00Á 23' 14" E. (N 00Á 25' 10" E measured), along the easterly street margin of South Crouse Avenue, a distance of 165.50 feet to the point of beginning. Together with all the right, title and interest in and to strops and gores of land, if any, adjoining or adjacent to said premises and to the lands lying in the bed of any street, road land or right of way, as they now exist, or formerly existed in, in front of, or adjoining the premises above described or used in connection with said above described premises. Containing 1.55 acres of land more or less. It being the intent of this survey description to describe those parcels of land conveyed by Temple Adath Yeshurun, also known as the Congregation Adath Yeshurun, to the Syracuse Urban Renewal Agency, by a Warranty Deed dated September 21, 1972, that was duly recorded in the Onondaga County Clerk's Office on October 10, 1972 in Deed Book 2486 at Page 1137. Being a portion of the premises conveyed at Hotel Skylar, LLC, f/k/a 908 Harrison St., LLC, by deed dated June 5, 2007, and recorded in the Onondaga County Clerk's Office on June 14, 2007 in Deed Book 04998 at Page 0795 (Instrument: 0687909); or

  Parcel D

  any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of all that tract or parcel of land situate in the city of Syracuse, County of Onondaga, being part of Lots 13, 14 and 15 of Block 233 in said City, more particularly bounded and described as follows: beginning at a point in the northerly line of East Genesee Street, a distance of 232.5 feet easterly, measured along said northerly line, from the easterly line of Almond Street; Running thence the following 8 courses and distances: (1.) S 89Á 30' 50"E, along said northerly line of East Genesee Street, a distance of 109.5 feet; (2.) N 00Á 20' E, parallel with said easterly line of Almond Street, a distance of 158.69 feet to the southerly line of Orange Alley; (3.) N 89Á 30' 50" W, along said southerly line of Orange Alley, a distance of 66 feet to a point; (4.) N 00Á 20' E, parallel with said easterly line of Almond Street, 20 feet to the northerly line of Orange Alley; (5.) N 89Á 30' 50" W, along said northerly line of Orange Alley, a distance of 9 feet; (6.) S 00Á 20' W, parallel with said easterly line of Almond Street, a distance of 13.5 feet to a point; (7.) N 89Á 30' 50" W, parallel with the aforesaid northerly line of East Genesee Street, a distance of 3 feet to a point; and, (8.) S 00Á 20' W, parallel with said easterly line of Almond Street, a distance of 165.19 feet to the point of beginning, containing 17,781+/- sq. ft. (0.41+/- Acres of Land) and; Parcel II (#716-718 East Fayette Street), All that tract or parcel of land situate in the City of Syracuse, County of Onondaga and State of New York, being Lot 3 and part of lots 4 and 9 of Block 233 beginning in the southerly line of East Fayette Street, a distance of 132 feet westerly, measured along said southerly line, from the westerly line of Forman Avenue; Running thence the following 4 courses and distances: (1.) N 89Á 30' 50" W, along said southerly line of East Fayette Street, a distance of 97 feet; (2.) S 00Á 20' 20" W, parallel with said westerly line of Forman Avenue, a distance of 178.69 feet to the northerly line of Orange Alley; (3.) S 89Á 30' 50" E, along said northerly line of Orange Alley, a distance of 97 feet to a point; and, (4.) N 00Á 20' 10" E, parallel with said westerly line of Forman Avenue, a distance of 178.69 feet to the point of beginning; or

  (xi) with respect to any premises or business located on all that certain parcel of land situate in the City of Peekskill, County of Westchester and State of New York, that is a portion of Parcel I as it is shown on that certain map entitled, "Survey .. at Charles Point.." which was filed in the Westchester County Clerk's Office on October 23, 1980 as Map No. 20407 that is bounded and described as follows:

  BEGINNING at a point on the easterly shoreline of the Hudson River and within the bounds of the said Parcel I as it is shown on the said Filed Map No. 20407, which point occupies coordinate position:

  North 464418.83 (y)

  East 607401.00 (x)

  of the New York State Coordinate System, East Zone and which point is distant, the following courses from the southerly corner of the Parcel shown on Map No. 20407 that occupies coordinate position

  North 463520.804 (y)

  East 608470.681 (x)

  of the aforesaid New York State Coordinate System, East Zone:

  North 47 degrees 30' 36" West 856.60 feet,

  North 77 degrees 10' 53" West 488.18 feet,

  North 41 degrees 17' 53" West 113.32 feet and

  North 41 degrees 50' 16" East 169.08 feet;

  THENCE from the said point of beginning along the said easterly shoreline (high water mark) of the east bank of the Hudson River:

  Due North 16.17 feet,

  North 53 degrees 58' 22" West 13.60 feet,

  North 73 degrees 04' 21" West 24.04 feet,

  North 63 degrees 26' 06" West 22.36 feet,

  North 82 degrees 18' 14" West 37.34 feet,

  North 64 degrees 47' 56" West 37.58 feet,

  South 82 degrees 52' 30" West 16.12 feet,

  North 61 degrees 41' 57" West 14.76 feet and

  South 21 degrees 48' 05" West 9.71 feet;

  THENCE leaving the high water mark and running across a peninsula of land and along the division line between Parcel I and Parcel II as shown on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to another point on the said easterly shoreline (high water mark) of the East Bank of the Hudson River;

  THENCE northerly along the said high water mark, the following courses:

  North 3 degrees 00' 46" West 17.54 feet,

  North 13 degrees 45' 39" West 50.45 feet,

  North 10 degrees 49' 23" West 69.23 feet,

  North 0 degrees 47' 22" West 52.48 feet to a point which is the point of beginning of the hereinafter described 40 foot easement which point occupies coordinate position

  North 464676.48 (y)

  East 607189.28 (x)

  of the New York State Coordinate System, East Zone;

  THENCE continuing along the aforesaid easterly shoreline (high water mark) of the East Bank of the Hudson, the following courses:

  North 10 degrees 18' 17" West 23.91 feet,

  North 39 degrees 04' 58" West 21.39 feet,

  North 20 degrees 13' 30" West 21.74 feet,

  North 39 degrees 02' 08" West 95.27 feet,

  North 13 degrees 08' 02" West 30.81 feet,

  North 18 degrees 26' 06" West 53.76 feet,

  North 28 degrees 10' 43" West 63.53 feet,

  North 18 degrees 26' 06" West 50.60 feet,

  North 37 degrees 14' 05" West 31.40 feet,

  North 21 degrees 15' 02" West 96.57 feet,

  North 32 degrees 00' 19" West 47.17 feet,

  North 1 degree 18' 07" West 44.01 feet and

  North 17 degrees 14' 29" East 29.32 feet to a point on the southerly line of lands under lease to the County of Westchester (Resco Site);

  THENCE along the said County of Westchester (Resco Site) lands: Due East 432.31 feet to a point on the westerly line of an easement and a right-of-way leading to Charles Point Avenue;

  THENCE along the said westerly and southwesterly line of the said right-of-way leading to Charles Point Avenue: Due South 241.16 feet and South 27 degrees 13' 00" East 406.90 feet to a point;

  THENCE leaving the said easement and running along other lands now or formerly of The City of Peekskill Industrial Development Agency, South 41 degrees 50' 16" West 270.01 feet to the aforementioned easterly shoreline (high water mark) of the East Bank of the Hudson River and the point or place of beginning.

  TOGETHER with an easement over all that parcel of land situate in the City of Peekskill, County of Westchester and State of New York that is more particularly bounded and described as follows:

  BEGINNING at a point on the westerly line of Charles Point Avenue with the said westerly line is intersected by the line dividing the easement herein described on the south from lands under lease to the County of Westchester (Resco Site) on the north which point occupies coordinate position:

  North 464719.99 (y)

  East 608004.15 (x)

  of the New York State Coordinate System, East Zone;

  THENCE from the said point of beginning southerly along the said westerly line of Charles Point Avenue, South 14 degrees 54' 00" West 103.48 feet to a point;

  THENCE westerly along other lands of the City of Peekskill Industrial Development Agency: Due West 396.44 feet to a point which is the easterly most corner of the lands of Point Associates, the grantee herein;

  THENCE along the northeasterly line of the said Point Associates' land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16 feet to a point on the southerly line of the aforementioned lands leased to the County of Westchester (Resco Site);

  THENCE easterly along the said southerly line Due East 75.00 feet to a point;

  THENCE southeasterly and easterly still along the said lands leased to the County of Westchester (Resco Site) the following courses:

  Due South 223.00 feet,

  South 27 degrees 13' 00" East 314.87 feet and

  Due East 390.14 feet to the aforementioned westerly line of Charles Point Avenue and the point or place of BEGINNING.

  TOGETHER WITH a non-exclusive easement for utilities, and ingress and egress over that certain right of way leading from Charles Point Avenue, now known as John E. Walsh Boulevard, in a westerly and northwesterly direction to the above described premises and as more fully described in the Declaration of Easement recorded in Liber 8888 cp 35; or

  (xii) all those tracts or parcels of land, situate in the Tenth Ward of the City of Troy, County of Rensselaer and State of New York, known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A Five (A5) and the southerly portions of Lots Four (4) and A Four (A4), as the same are laid down and described on a certain Map made by Frederick W. Orr, dated August 15, 1918, filed in the Office of the Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises hereby intended to be conveyed are bounded and described as follows:

  COMMENCING at an iron rod in the westerly side of River Street at the most southeasterly corner of premises heretofore conveyed by Harry Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed dated November 8, 1940, recorded November 12, 1940 In the Office of the Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and running thence southerly along the westerly line of River Street 215.6 feet to a pipe in the most southeasterly corner of Lot No. A7; thence westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to the easterly shore of the Hudson River; thence northerly along the easterly shore of the Hudson River 216 feet more or less to the most southwesterly corner of land heretofore conveyed by the said Harry Goldberg and Norman Goldberg to Arthur E. Collins and another hereinbefore recited; thence along the southerly line of lands heretofore conveyed to said Collins and another easterly 31.75 feet; thence northerly 6.33 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence easterly 150.57 feet to the point or place of beginning.

  EXCEPTING THEREFROM that portion of the above described premises as were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215, Containing 17,600 square feet of land more or less.

  BEARINGS refer to the magnetic meridian of 1993. Said premises are also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage and depth 115.60 x 220.00 being the same premises described in Book 6534 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being the same premises in the 2009 City of Troy Assessment Rolls and 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded and described as follows: BEGINNING at a point marked by a capped iron rod where the division line between lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands herein described on the southwest intersects the northwesterly side of River Street; running thence South 40Á 01' 52" West along the northwesterly side of River Street a distance of 100.00 feet to a point; thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the southwesterly corner of the building located on the herein described premises, said point also being the northeasterly corner of the building located on the property adjoining on the southwest; thence North 60Á 59' 40" West along the building wall located on the property adjoining on the southwest and the northwesterly continuation of same a distance of 140.88 feet to the easterly shore of the Hudson River; thence North 30Á 16' 52" East along the shore of the Hudson River a distance of 90.90 feet to a point; thence South 60Á 44' 08" East along lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a distance of 31.75 feet to a point; thence North 30Á 16' 52" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60Á 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc a distance of 18.00 feet to a point; thence South 30Á 16' 52" West continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60Á 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet to the point and place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered to be a single contiguous parcel.

  * (xiii) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of Saratoga Springs, Saratoga County, New York, bounded and described as follows: Beginning at a point 55 feet south on Beekman Street, from where the west line of Beekman Street intersects the south line of Congress Street, and running thence southerly along the west line of Beekman Street 55 feet, more or less, to the north line of the premises now or formerly owned or occupied by Henry Curtis; thence westerly along said Curtis' north line 65 feet, more or less, to the east line of the premises heretofore conveyed to Edward M. Merritt; thence northerly along said Merritt's east line 55 feet, more or less, to a point 55 feet south of the south line of Congress Street; thence easterly on a line parallel with the south line of Congress Street 65 feet, more or less, to the point and place of beginning; and being further bounded and described as follows: BEGINNING at a point in the Southerly line Grand Avenue at the intersection of the Westerly line of Beekman Street, said point also being the Northeast comer of lands now or formerly of Dublin Underground, LLC as conveyed in Book 1769 of Deeds at Page 657,thence along said Westerly line of Beekman Street, South 01Á02'45"West, SS.00 feet to a point at the intersection of the common division line between lands now or formerly of Haggerty as conveyed in Book 1595 of Deeds at Page 480 on the South and lands of said Dublin Underground LLC on the North, thence along said division line, North 88Á57'15"West, 65.00 feet to a point at the intersection of the common division line between lands now or formerly of Haynes as conveyed in Book 1630 of Deeds at Page 727 on the West and said lands of Dublin Underground UC on the East, thence along said division line, North 01Á02'45"East, 55.00 feet to a point in the Southerly line of Grand Avenue, thence along said Southerly line, South 88Á57'15"East, 65.00 feet to the point or place of beginning and containing 3576 ± square feet of land; and being further bounded and described as follows: BEGINNING at a point where the east line of an alley intersects the south line of Grand Avenue, running thence easterly fifty-five (55) feet, more or less, to the west line of property now or formerly owned by one Desidora; thence southerly one hundred ten (110) feet, more or less, to the northerly line of property now or formerly owned by one Gutierresl thence westerly fifty-five (55) feet, more or less to the easterly line of an alley; thence northerly one hundred ten (110) feet, more or less to the point or place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered to be a single contiguous parcel.; or

  * NB There are 2 sbpar (xiii)'s

  * (xiii) any such premises or business located on that certain piece or parcel of land, or any subdivision thereof, situate, lying and being in the Village of Suffern, Town of Ramapo, County of Rockland and State of New York, addressed as 97-99 Lafayette Avenue, Suffern, New York, identified for tax purposes by the Town of Ramapo - 2000 County/Town Tax Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification No. 54.35-2-54, bounded and described as follows:

  BEGINNING at a point on the Westerly side of Washington Avenue, where the same is intersected by the Northerly line of lands now or formerly of the Village of Suffern (Sect. 168, Lot 284), said point also being the Southeasterly corner of the premises herein intended to be described.

  RUNNING THENCE North 76 degrees 15 minutes West along the Northerly line of lands now or formerly of the Village of Suffern a distance of 210.30 feet to a point; THENCE South 13 degrees 45 minutes West along the Westerly line of lands now or formerly of the Village of Suffern a distance of 78.75 feet to a point; THENCE North 76 degrees 28 minutes West along the Northerly line of lands now or formerly of the Village of Suffern a distance of 96.30 feet to a point; THENCE North 13 degrees 32 minutes East a distance of 117.60 feet to a point; THENCE South 76 degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North 13 degrees 32 minutes East a distance of 54.80 feet to a point; THENCE South 76 degrees 15 minutes East a distance of 91.00 feet to a point; THENCE North 13 degrees 45 minutes East along the Easterly line of lands now or formerly of Mirando (Sect. 168. Lot 239A) a distance of 123.25 feet to a point on the Southerly side of Lafayette Avenue; THENCE South 59 degrees 56 minutes 42 seconds East along the Southerly side of Lafayette Avenue a distance of 176.92 feet to a point; THENCE Southeasterly along the Southerly side of Lafayette Avenue, on a curve to the right having a radius of 58.97 feet an arc distance of 76.88 feet to a point; THENCE South 14 degrees 45 minutes West along the Westerly side of Washington Avenue a distance of 109.22 feet to the point or place of BEGINNING.

  Being the same premises described in a deed dated June 11, 1999 from Westchester Realty Group LLC to Marandy Realty Associates, LLC and recorded in the Rockland County Clerk's Office on June 24, 1999 Instrument ID # 1999-00033893.

  The premises described above are more particularly described after field survey by A.R. Sparaco, Jr., P.L.S. dated June 13, 2000, as follows:

  ALL THAT TRACT, piece or parcel of land with the buildings and improvements thereon in the Village of Suffern, Town of Ramapo, Rockland County, New York, Tax Map Reference Section 16B; Lots 239 B and 254, bounded and described as follows:

  BEGINNING at a cross-cut in the westerly line of Washington Ave. (50 feet wide) where the same is intersected by the northerly line of lands of the Village of Suffern (formerly Washington Ave. School) and running thence; North 78Á 42' 52" West 211.11' along the northerly line of lands of the Village of Suffern to an iron pipe; thence, South 11Á 03' 40" West 78.38' continuing along said lands to a PK nail; thence, North 79Á 21' 20" West 96.30' continuing along said lands to an iron pipe; thence, North 10Á 21' 09" E 117.12' along lands now or formerly of Meadows to a point; thence, South 79Á00'00" East 6.00' to a point in the centerline of an old right of way; thence, North 12Á50'10" East 55.32' along the centerline of an old right of way to an iron pipe; thence, South 79Á00'00" East 91.04' crossing through said right of way and continuing along the southerly line of lands now or formerly of Miranda to a cross cut; thence, North 11Á15'34" East 123.37' along the easterly line of said lands to a cross cut in the southerly line of Lafayette Ave.; thence, South 62Á34'00" East 165.97' along the assumed southerly line of Lafayette Ave. to a point of curvature; thence, Southeasterly along a curve to the right having a radius of 72.00' and an arc distance of 93.43' continuing along the same to a point of tangency in the westerly line of Washington Ave; thence, South 11Á47'00" West 100.86' along the westerly line of Washington Ave. to the point or place of BEGINNING.

  Containing 1.267 acres of land more or less.

  SUBJECT to utility easements described in Uber 1016, page 487, Liber 1038, page 977, Book 340, page 1277.

  SUBJECT TO a 6' wide easement for ingress and egress as described in Liber 318, page 4.

  TOGETHER with a 6' wide and 12' wide right of way as described in Liber 318, page 4.

  SUBJECT TO any other easements, rights of ways or restrictions of record.

  Being the same premises described in a deed dated June 11, 1999 from Westchester Realty Group LLC to Marandy Realty Associates, LLC and recorded in the Rockland County Clerk's Office on June 24, 1999 Instrument ID #1999-00033893.

  * NB There are 2 sbpar (xiii)'s

  (xiv) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of Saratoga Springs, County of Saratoga and State of New York, bounded and described as follows: Starting at an iron pipe on the southerly side of New York State Highway 9P at the intersection of the lands now of formerly of Ernst and one Walbridge and runs thence along the said highway S 64 degrees 25' E 72.4 feet to a concrete state monument; thence S 35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side of an 18 foot wide Right of Way extending from the aforementioned highway to the Low Water Mark of Saratoga Lake; thence along the said Right of Way S 17 degrees 20' W 115 feet to an iron pipe, the place of beginning; thence in the same straight line along the said Right of Way 78.4 feet to an iron pipe; thence still along the said Right of Way S 38 degrees 9' W 208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet to an iron pipe; thence N 14 degrees 34' E 54.2 feet to an iron pipe; thence N 56 degrees 0' E 242.8 feet to the place of beginning, the aforementioned dimensions more or less; and being further bounded and described as follows: BEGINNING at an iron pipe of the southerly side of New York State Highway 9P at the intersection of the lands now of formerly of Ernst and one Walbridge and runs thence along said highway S. 64 degrees 25' E. 72.4 feet to a concrete state monument; thence still along the said highway S. 35 degrees 9' E. 135.6 feet to an iron pipe on the westerly side of a Right of Way 18 feet wide running from the beforementioned highway to the Low Water Mark of Saratoga Lake; thence across the said Right of Way S. 26 degrees E. 21.15 feet to the Easterly side of the said Right of Way, the place of beginning; thence along the said Right of Way S. 17 degrees 20' W. 171.1 feet to a point; thence still along the said Right of Way S. 38 degrees 9' W. to the Low Water Mark of Saratoga Lake; thence along the Low Water Mark of the said lake to an iron pipe on the Westerly side of the said Highway which point is about 435 feet Easterly at right angles from the Easterly side of the beforementioned Right of Way; thence along the said Highway N. 10 degrees 57' W. 653.5 feet to a concrete monument; thence N. 26 degrees 10' W. 9.85 feet to the place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered to be a single parcel.

  (a-1) The provisions of paragraph (a) of this subdivision shall not apply to the holder of a retail on-premises consumption license issued for a premises located in the borough of Manhattan, city, county and state of New York, bounded and described as follows: Beginning at a point on the northerly side of 52nd Street, distant 375 feet westerly from the northwesterly corner of 52nd Street and Fifth Avenue; running thence northerly parallel with Fifth Avenue and part of the way through a party wall, 75 feet 5 inches; thence westerly parallel with the northerly side of 52nd Street, 11 feet 2-3/4 inches; thence northerly parallel with Fifth Avenue, 25 feet to the center line of the block; thence easterly along said center line of the block, 71 feet 2-3/4 inches; thence southerly parallel with Fifth Avenue and part of the way through a party wall, 100 feet 5 inches to the northerly side of 52nd Street; thence westerly along the northerly side of 52nd Street, 60 feet to the point or place of beginning. Provided, however, that with respect to such retail licensee's interest in a business engaged in the manufacture or sale at wholesale of alcoholic beverages described in subdivision 1-a of section one hundred one of this article: such interest must have been acquired prior to the effective date of the chapter of the laws of two thousand nineteen which added this paragraph; (ii) such retail licensee may not purchase alcoholic beverages directly from any such manufacturer or wholesaler; and (iii) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may be produced by any such manufacturer.

  (b) Any lien, mortgage or other interest or estate now held by said retail licensee on or in the personal or real property of such manufacturer or wholesaler, which mortgage, lien, interest or estate was acquired on or before December thirty-first, nineteen hundred thirty-two, shall not be included within the provisions of this subdivision; provided, however, the burden of establishing the time of the accrual of the interest, comprehended by this subdivision shall be upon the person who claims to be entitled to the protection and exemption afforded hereby.

  14. No retail licensee for on-premises consumption shall make or cause to be made any loan to any person engaged in the manufacture or sale of liquors, wines or beer at wholesale.

  15. All retail licensed premises shall be subject to inspection by any peace officer, acting pursuant to his or her special duties, or police officer and by the duly authorized representatives of the liquor authority, during the hours when the said premises are open for the transaction of business.

  17. Notwithstanding any other provision of law, a retail licensee for on-premises consumption that is a person or corporation operating a hotel shall be permitted to sell liquors, beer, and/or wines through a mechanical device or vending machine placed in the lodger's rooms and to which access to such device or machine is restricted by means of a locking device which requires the use of a key, magnetic card or similar device provided, however, that no such key, card or similar device shall be provided to any person under the age of twenty-one or to any person who is visibly intoxicated.