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SECTION 106
Provisions governing licensees to sell at retail for consumption on the premises
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 106. 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.

* 2-a. (a) Notwithstanding any provision of law to the contrary, in
addition to any other privilege provided under this chapter, any retail
license that allows for liquor and/or wine sale for on-premises
consumption shall also include the privilege to sell for take-out and
delivery, any product it may otherwise sell at retail, subject to the
following conditions:

(i) any purchase for take-out or delivery must be accompanied by a
purchase of a substantial food item;

(ii) the alcoholic beverages are packaged in a container with a secure
lid or cap sealed in a manner designed to prevent consumption without
removal of the lid or cap by breaking the seal;

(iii) beverages purchased for take-out or delivery are subject to any
applicable state and municipal open container laws, rules, regulations,
or ordinances;

(iv) takeout and delivery of alcoholic beverages may only occur during
licensed hours of operation of on premises retailers in the county in
which the licensed premises are located or, if different, the hours of
operation set forth in the licensee's method of operation with the
authority;

(v) the price per serving shall be the same as if consumed on premises
and shall not be sold as part of any promotion or special unless such
promotion or special is also available for consumption on premises; and
further provided each serving shall be available only in the same manner
as available on premises;

(vi) the licensee shall not sell for take-out, or deliver, any bottles
of liquor or bottles of wine;

(vii) the licensee shall not advertise or promote the sale of full
bottles of wine or liquor for off-premises consumption; and

(viii) the licensee shall not display full bottles of wine or liquor
for the purpose of promoting the sale of such products for off-premises
consumption.

(b) Deliveries made via motor vehicle shall only be made in (i) a
vehicle permitted by the authority pursuant to section ninety-four of
this chapter, or (ii) in a vehicle owned and operated, or hired and
operated, by the licensee or its employee pursuant to section one
hundred sixteen of this article; provided deliveries may be made
utilizing the vehicle of an employee of the licensee, and provided
further that a copy of the permit or license must be present in any
vehicle while making deliveries. Delivery must be to a residential
address, and may not be delivered except to a person twenty-one years of
age or older at that residence who is not at the time of delivery
intoxicated. Delivery drivers shall require a recipient, at the delivery
address, upon delivery, to demonstrate that the recipient is at least
twenty-one years of age by providing a valid form of photographic
identification authorized by section sixty-five-b of this chapter.

(c) Nothing in this subdivision shall be construed to change the
existing privilege of a retail licensee for on-premises consumption to
sell beer, cider, or mead for consumption off the premises as currently
provided for in this chapter. Provided, further, that nothing contained
in this subdivision shall be deemed to supersede the provisions of
section one thousand two hundred twenty-seven of the vehicle and traffic
law.

(d) The authority may promulgate guidance, rules and regulations
necessary to implement the provisions of this subdivision.

(e) The authority may, on its own initiative or on complaint of any
person, institute proceedings to suspend or revoke a licensee's ability
to sell alcoholic beverages for takeout or delivery pursuant to this
subdivision after a hearing, in accordance with section one hundred
nineteen of this article, at which such licensee shall be given an
opportunity to be heard. Such proceedings and such hearing shall be held
in such manner and upon such notice as may be prescribed by the rules of
the authority.

* NB Repealed April 9, 2025

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

(xiv) 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; or

(xv) 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; or

(xvi) where such licensed wholesaler or manufacturer also has an
interest in 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 Canandaigua, county of
Ontario, beginning at a point in the northerly line of village lot nine
where it meets with South Main Street, thence south sixty-nine degrees
fifty-four minutes west a distance of nine hundred sixteen and
twenty-three hundredths feet to an iron pin; thence in the same course a
distance of fourteen feet to an iron pin; thence in the same course a
distance of fourteen and four-tenths feet to a point; thence south
fifteen degrees thirty-eight minutes and forty seconds east a distance
of four hundred forty-six and eighty-seven hundredths feet to a point;
thence south twenty-eight degrees thirty-seven minutes and fifty seconds
east a distance of one hundred thirteen and eighty-four hundredths feet
to a point; thence south eighty-five degrees and forty-seven minutes
east a distance of forty-seven and sixty-one hundredths feet to an iron
pin; thence on the same course a distance of three hundred and
sixty-five feet to an iron pin; thence north seventeen degrees
twenty-one minutes and ten seconds east a distance of four hundred
fifty-seven and thirty-two hundredths feet to an iron pin; thence north
nineteen degrees and thirty minutes west a distance of two hundred and
forty-eight feet to a point; thence north sixty-nine degrees and
fifty-four minutes east a distance of two hundred eighty-four and
twenty-six hundredths feet to a point; thence north nineteen degrees and
thirty minutes west a distance of sixty feet to the point and place of
beginning, provided that such facility maintains not less than
seventy-five rooms and suites for overnight lodging; or

* (xvii) Parcel A

All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:

Beginning at a point formed by the intersection of the northerly side
of Wall Street and the easterly side of Pearl Street; running thence
northerly along the easterly side of Pearl Street, 76 feet 1 inch;
thence easterly on a line forming an angle on its northerly side with
the easterly side of Pearl Street of 85Á 33' 30", a distance of 43 feet
1 inch; thence southerly on a line which forms an angle on its westerly
side with said last mentioned course of 90Á 22', a distance of 1 foot;
thence easterly on a line which forms an angle on its southerly side
with said last mentioned course of 89Á 24', a distance of 18 feet 3
inches, more or less, to a point where it is intersected by a line drawn
along the westerly side of the one-story brick extension at the rear of
the premises No. 122 Water Street; thence southerly on a line which on
its westerly side forms an angle of 86Á 43' with the preceding course
and along said one-story brick extension, 17 feet 3 inches to the corner
of said one-story brick building; thence easterly on a line which on its
northerly side forms an angle of 91Á 40' with the preceding course, 6
feet 8 1/2 inches to premises now known as No. 120 Water Street; thence
southerly along a line which on its westerly side forms an angle of 91Á
40' with the preceding course, 10 feet 9 inches to the premises now or
late of Tontine Company; thence westerly along said premises on a line
which on its northerly side forms an angle of 88Á 20' with the preceding
course, 20 feet; thence southerly and still along land now or late of
Tontine Company on a line which on its easterly side forms an angle of
89Á 09' with the preceding course, 53 feet 5 inches to the northerly
side of Wall Street; and thence westerly along the northerly side of
Wall Street on a line which on its northerly side forms an angle of 88Á
08' with the preceding course, 48 feet 11 1/2 inches to the easterly
side of Pearl Street at the point or place of beginning.

Parcel B:

All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:

Beginning at the corner formed by the intersection of the northerly
side of Wall Street with the westerly side of Water Street; running
thence northerly, along the westerly side of Water Street, about fifty
feet nine inches to the premises Number One Hundred and Twenty Water
Street; thence westerly, along the southerly side of premises Number One
Hundred and Twenty Water Street, about eighty feet seven inches to the
easterly side of premises Number Eighty-Two Wall Street, thence
northerly, along the easterly side of premises Number Eighty-Two Wall
Street, to a point where it is intersected by a line drawn along the
northerly face of the northerly wall of the four-story and basement
brick building formerly erected thereon; thence westerly, along the
northerly side of said northerly wall, about twenty feet to the westerly
side of said premises Number Eighty-Two Wall Street; thence southerly,
along the westerly side of said premises Number Eighty-Two Wall Street,
about fifty-three feet six inches to the northerly side of Wall Street;
and thence easterly along the northerly side of Wall Street, 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 one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of chapter two hundred ninety-nine of the
laws of two thousand twenty-one; (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; or

* NB Repealed upon certain provisions (see chapter 299 of 2021 § 2)

* (xviii) Real property in the Town of East Hampton, County of
Suffolk, State of New York, described as follows:

ALL that certain plot, piece or parcel of land, situate, lying and
being at Montauk, Town of East Hampton, County of Suffolk and State of
New York, bounded and described as follows:

BEGINNING at the corner formed by the intersection of the northeast
side of Surfside Place with the southeast side of Ocean view Terrace;

RUNNING THENCE from said point of beginning along the southeasterly
side of Oceanview Terrace North 68 degrees 18 minutes 15 seconds East,
265.64 feet to land formerly of Montauk Improvement Inc.;

THENCE along said land South 24 degrees 34 minutes 52 seconds East,
321.71 feet to the northerly line of boardwalk easement;

THENCE still along said course, 82 feet, more and less (114.76 feet
per survey), to the high water mark of the Atlantic Ocean;

THENCE southwesterly and along the high water mark of the Atlantic
Ocean, 267 feet more or less (265,41 feet per survey) to the northeast
side of the Surfside Place;

THENCE along the northeast side of Surfside Place North 24 degrees 34
minutes 52 seconds West, 425 feet, more or less, (448.98 feet per
survey) 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 one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of the chapter of the laws of two thousand
twenty-two which added this subparagraph; (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.

* NB There are 4 sbpar (xviii)'s

*(xviii) on real property located on that certain tract or parcel of
land situated in the Town of Shelby, County of Orleans and State of New
York, being part of Great Lot No. 32 in Township 14, Range 3 of the
Holland Land Purchase and bounded and described as follows:
Beginning at the point of intersection of the centerline of Maple Ridge
Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)
with the centerline of Bates Road;
thence (1) North 00Á 12' 14" West and along the centerline of said Bates
Road a distance of 225.00 feet to a point; thence (2) North 89Á 47' 46"
East and along the south line of lands now or formerly owned by Joyce
and Raymond Cook, Jr. (See Liber 392 of Deeds at page 246 and Tax
Account No. 080.00 - 03 - 15.3) a distance of 200.00 feet to a point;
thence (3) North 00Á 12' 14" West and along the westerly line of lands
now or formerly of said Joyce and Raymond Cook, Jr. and also along the
westerly line of lands now or formerly owned by Mark G. and Evon C.
Navarra (See Liber 498 of Deeds at page 88 and Tax Account No. 080.00 -
03 - 15.2) and lands now or formerly owned by John E. Harris, Jr. (See
Liber 452 of Deeds at page 207 and Tax Account No. 080.00 - 03 - 16.0) a
distance of 300.00 feet to a point; thence (4) South 89Á 47' 46" West
and along the north line of lands now or formerly of said John E.
Harris, Jr. a distance of 200.00 feet to a point in the centerline of
Bates Road;
thence (5) North 00Á 10' 30" West and along the centerline of said Bates
Road a distance of 1414.14 feet to a point; thence (6) North 89Á 46' 17"
East and along the south line of lands now or formerly owned by Harry R.
and Lois A. Deyarmin (See Liber 466 of Deeds at page 322 and Tax Account
No. 080.00 - 03 - 17.00) and also along the south line of lands now or
formerly owned by Michael J. Healy and Vincent J. Licata (See Liber 391
of Deeds at page 1077 and Tax Account No. 080.00 - 03 - 01.4) a distance
of 398.06 feet to a point on the westerly line of lands now or formerly
owned by the Niagara Mohawk Power Corporation (See Liber 360 of Deeds at
page 186 and Tax Account No. 080.00 - 03 - 23.0); thence (7) South 02Á
21' 51" East and continuing along the westerly line of lands now or
formerly owned by the said Niagara Mohawk Power Corporation a distance
of 1932.39 to a point in the centerline of Maple Ridge Road, a/k/a New
York State Route No. 31A; thence (8) South 88Á 47' 20" West and along
the centerline of said Maple Ridge Road, a/k/a New York State Route No.
31A, a distance of 471.69 feet to the point of beginning.
Hereby intending to describe a parcel of land shown on a Survey Map made
by Clark Patterson Associates, dated August 7, 2006, being Project No.
9418.00 and Drawing Number BNDY - 2. Together with the right, privilege
and easement for use of one or more of four road crossings not to exceed
20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's
Office in Liber 360 of Deeds at page 186. ALSO ALL THAT TRACT OR PARCEL
OF LAND situate in the Town of Shelby, County of Orleans and State of
New York, being part of Great Lot No. 32 in Township 14, Range 3 of the
Holland Land Purchase and bounded and described as follows:
Commencing at the point of intersection of the centerline of Maple Ridge
Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)
with the centerline of Bates Road; thence (A) North 88Á 47' 20" East and
along the centerline of said Maple Ridge Road, a/k/a New York State
Route No. 31A a distance of 621.72 feet to the point of beginning;
thence (1) North 02Á 21' 51" West and along the easterly line of lands
now or formerly owned by the Niagara Mohawk Power Corporation (See Liber
360 of Deeds at page 186 and Tax Account No. 080.00 - 03 - 23.0) a
distance of 1931.96 feet to a point;
thence (2) North 89Á 45' 02" East and along the south line of lands now
or formerly owned by Douglas A. Holka (See Liber 545 of Deeds at page 43
and Tax Account No. 080.00 - 03 - 1.1) a distance of 1378.90 feet to a
point; thence (3) South 00Á 12' 37" East and along the westerly line of
lands now or formerly owned by Franklin Tower (See Liber 489 of Deeds at
page 185 and Tax Account No. 080.00 - 03 - 14.0) a distance of 1908.72
feet to a point in the centerline of said Maple Ridge Road, a/k/a New
York State Route No. 31A; thence (4) South 88Á 47' 20" West and along
the centerline of said Maple Ridge Road, a/k/a New York State Route No.
31A, a distance of 1306.49 feet to the point of beginning.
Hereby intending to describe a parcel of land shown on a Survey Map made
by Clark Patterson Associates, dated August 7, 2006, being Project No.
9418.00 and Drawing Number BNDY - 2. Together with the right, privilege
and easement for use of one or more of four road crossings not to exceed
20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's
Office in Liber 360 of Deeds at page 186.

* NB There are 4 sbpar (xviii)'s

* (xviii) ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being in
the Town of East Hampton, County of Suffolk and State of New York,
bounded and described as follows:

Beginning at a point on the northwesterly side of Main Street (Montauk
Highway - NYS Rte. 27) distant 541 feet more or less northeasterly, as
measured along the same, from the corner formed by the intersection of
the northeasterly side of Windmill Lane with the northwesterly side of
Main Street, said point being also at the division line between the
easterly side of land now or formerly of Stanley Flower, Jr. and the
westerly side of the hereafter described parcel; Running thence along
said division line and along the easterly side of land now or formerly
of Peter Bistrian, North 21 degrees 34 minutes 40 seconds West 380 feet;
Thence still along land now or formerly of Peter Bistrian, North 64
degrees 52 minutes 20 seconds East, 74 feet; Thence along land now or
formerly of Peter Bistrian, Cullum and EJS Realty Corp. South 21 degrees
34 minutes 40 seconds East 380 feet to the northwesterly side of Main
Street; and Thence along the northwesterly side of Main Street, South 64
degrees 52 minutes 20 seconds West 74 feet to the point or place of
beginning. Being the same premises conveyed by Nicholas Catalano by deed
dated May 5, 1977 and recorded in the Suffolk County Clerk's Office on
May 16, 1977, in Liber 8235, cp 582. Being the same premises conveyed in
part to W. John Cox by deed dated May 23, 1985 and recorded in the
Suffolk County Clerk's Office on May 30, 1985, in Liber 9799, cp 453.
Provided, however, notwithstanding section one hundred seven-a of this
article, the retail licensee and brand owner located at the premises
described in this subparagraph may designate the importer licensee
located at the premises described in subparagraph (xiv) of paragraph (a)
of subdivision one of section one hundred one of this article as owner
of such brands for purposes of brand label registration and price
scheduling as required under this chapter.

* NB Repealed upon certain conditions (see chapter 328 of 2022 § 3)

* NB There are 4 sbpar (xviii)'s

* (xviii) Parcel A:
ALL THAT CERTAIN plot, place or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:
BEGINNING at the corner formed by the intersection of the northerly side
of Grove Street with the easterly side of Bleecker Street;
THENCE easterly along the northerly side of Grove Street 117 feet 9 1/2
inches to the center of a party wall between Nos. 53 and 55 Grove
Street;
THENCE northerly parallel with or nearly so with Bleecker Street and
partly through the center of said party wall 47 feet;
THENCE westerly parallel with or nearly so with Grove Street 36 feet 7
inches to a point distant 82 feet 5 inches from Bleecker Street;
THENCE northerly at right angles to Christopher Street 29 feet 1 1/2
inches;
THENCE westerly parallel with Grove Street 88 feet 6 inches to the
easterly side of Bleecker Street;
THENCE southerly along the easterly side of Bleecker Street 73 feet 3
inches to the point or place of beginning. Notwithstanding section one
hundred seven-a of this article, the retail licensee and brand owner
located at the premises described in this subparagraph and further
identified as Parcel A may designate the manufacturer licensee located
at the premises described in subparagraph (xiv) of paragraph (a) of
subdivision one of section one hundred one of this article as owner of
such brands for purposes of brand label registration and price
scheduling as required under this chapter.

Parcel B:
ALL that lot of land in the borough of Manhattan, County of New York,
City and State of New York, bounded and described as follows:
BEGINNING on the southwesterly corner of Commence and Barrow Streets;
RUNNING THENCE westerly along the southerly side of Barrow Street twenty
feet, seven and One-half inches to the easterly face of the easterly
wall of the premises known as seventy-seven Barrow Street;
RUNNING THENCE southerly in a straight line along the easterly face of
said wall and the line to continuation thereof eighty feet, eleven
inches;
RUNNING THENCE northeasterly in a straight line and past of the distance
along the northerly wall of the three story basement, brick building
known as 48 Commerce Street fifty-five feet, eight and three fourths
inches to the westerly side of Commerce Street;
THENCE northerly along the westerly side of Commerce Street sixty feet,
nine and one half inches to the point or place of BEGINNING.

Parcel C:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying, and being in the Borough
of Manhattan, City, County and State of New York, bounded and described
as follows:
BEGINNING at a point on the northerly side of Christopher Street,
distant 125 feet westerly from the corner formed by the intersection of
the northerly side of Christopher Street with the westerly side of
Bleecker Street;
RUNNING THENCE northerly parallel with Bleecker Street, 90 feet;
THENCE westerly in the rear parallel with Christopher Street, 25 feet;
THENCE southerly parallel with Bleecker Street 90 feet to the northerly
side of Christopher Street;
THENCE easterly along the northerly side of Christopher Street, 25 feet
to the point or place of BEGINNING.

Parcel D:
ALL that piece or parcel of land, together with the buildings and
improvements thereon, situate, lying and being in the Third Ward of the
City of Hudson, Columbia County, New York, bounded and described as
follows:
BEGINNING at a point in the southerly line of Warren Street, which point
marks the northeasterly corner of the premises herein described and the
northwesterly corner of the premises conveyed by Richman's Apparel of
Hudson, N.Y., to the City of Hudson by deed dated December 18, 1975, and
recorded the same day in Columbia County Clerk's Office in Book 520 of
Deeds at Page 1137; running thence along said land so conveyed to the
City of Hudson, the following three courses and distances: (1) S 44Á 33'
20" W, 11.45 feet to a point, (2) N 45Á 26' 40" W, 4 feet to a point,
and (3) 45Á 20' 30" W, 109.27 feet to a point in the northerly line of
Cherry Alley; thence along said Cherry Alley N 45Á 52' 40" W 23.40 feet
to an iron pin, which iron pin marks the southwesterly corner of the
premises here in described; thence along lands now or formerly of
Michael Martin N 44Á 37' 20" E, 120.67 feet to a point in the southerly
line of Warren Street; thence along the southerly line of Warren Street
the following two courses and distances: (1) S 45Á 52' 40" E, 23.39
feet, and (2) S 45Á 51' 30" E, 5.37 feet to the point or place beginning
as shown on a map entitled "Survey update of Lands of Richman's Apparel
of Hudson, New York, Inc." dated January 11, 1982, made by M. Chazen, P.
E. & L. S., and recorded in the Columbia County Clerk's Office as Micro
7469.
TOGETHER WITH the Temporary Easement granted by The City of Hudson to
Bread and Roses, LLC dated 3/10/2003 recorded 3/14/2003 in Cartridge 441
Frame 1222.

Parcel E:
ALL that certain plot, piece or parcel of land, situate, lying, and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at a point on the southerly side of Grove Street, distant 83
feet westerly from the corner formed by the intersection of the said
southerly side of Grove Street with the westerly side of Bleecker
Street;
RUNNING THENCE westerly along the southerly side of Grove Street, 42
feet;
THENCE southerly parallel with the westerly side of Bleecker Street, 100
feet;
THENCE easterly and parallel with the southerly side of Grove Street, 42
feet;
THENCE northerly again parallel with the westerly side of Bleecker
Street, 100 feet to the point or place of BEGINNING.
Said premises is commonly known as 42-44 Grove Street, New York, New
York.

Parcel F:
BEGINNING at a point on the southerly side of Grove Street distant 75
feet and 3/4 of an inch easterly from the corner formed by the
intersection of the said southerly side of Grove Street with the
easterly side of Bleecker Street;
RUNNING THENCE southerly parallel with the easterly side of Bleecker
Street 81 feet and 10-5/8 inches to the northwesterly side of Seventh
Avenue South;
THENCE northeasterly along the said northwesterly side of Seventh Avenue
South 117 feet and 11 inches to the corner formed by the intersection of
the said northwesterly side of Seventh Avenue South with the southerly
side of Grove Street;
THENCE westerly along the southerly side of Grove Street 86 feet and 9
inches to the point or place of BEGINNING.
SAID PREMISES being known as and by the street numbers 92-100 Seventh
Avenue South and 52-58 Grove Street.

Parcel G:
THE condominium unit (the "Unit") known as Unit Nos. C1 and C2 in the
Building (hereinafter referred to as the "Building") known as the
Bleeker-Grove Condominium and by the street numbers 312-314 Bleeker
Street, a/k/a 48 Grove Street, New York, New York, said Units being
designated and described as Unit Nos. C1 and C2 in the declaration
establishing a plan condominium ownership of said premises under Article
9-b of the Real Property Law of the State of New York (the "New York
Condominium Act"), dated 6/13/1990, recorded in the Office of the
Register of New York County (the "Register's Office") on 2/5/1991 in
reel 1760 page 1981, and also designated as Tax Lot Nos. 1001 and 1002
in Block 588, Section 2, of the Borough of Manhattan on the Tax Map of
the Real Property Assessment Department of the City of New York and on
the floor plans of said Building, certified by Howard I. Zimmerman
Associates, Architects, on the 1/28/1991, and filed with the Real
Property Assessment Department of the City of New York as Condominium
Plan No. 755, and also filed in the City Register's Office on 2/5/1991,
as Map No. 5059.
TOGETHER with an undivided 15.193% and 30.331% interest, respectively,
in the common elements,
THE premises within which the Unit is located are more particularly
bounded and describes as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being
the Borough of Manhattan, City, County, and State of New York, bounded
and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side
of Bleeker Street with the southerly side of Grove Street;
RUNNING thence southerly along Bleeker Street, 40 feet;
THENCE westerly parallel with Grove Street, 83 feet;
THENCE northerly parallel with Bleeker Street, 40 feet to the southerly
side of Grove Street;
THENCE easterly along the southerly side of Grove Street, 83 feet to the
point or place of beginning.
THAT the said premises are known as and by the street address(es)
312-314 Bleeker Street a/k/a 48 Grove Street, New York, NY. Provided,
however, that with respect to such retail licensees' interest in a
business engaged in the manufacture or sale at wholesale of alcoholic
beverages described in subdivision one-a of section one hundred one of
this article: (i) such retail licensees may not purchase alcoholic
beverages directly from any such manufacturer or wholesaler; and (ii) no
more than fifteen percent of the annual dollar value of alcoholic
beverages purchased by any such individual retail licensee for sale on
the premises may be produced by any such manufacturer.

* NB Repealed upon certain conditions (see chapter 348 of 2022 § 3)

* NB There are 4 sbpar (xviii)'s

(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.