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SECTION 64
License to sell liquor at retail for consumption on the premises
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 5
§ 64. License to sell liquor at retail for consumption on the
premises. 1. Notwithstanding the provisions of subdivision two of
section seventeen of this chapter, any person may make an application to
the appropriate board for a license to sell liquor at retail to be
consumed on the premises where sold, and such licenses shall be issued
to all applicants except for good cause shown.

2. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.

3. Section fifty-four shall control so far as applicable the procedure
in connection with such application.

4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
upon the premises. Such license shall also be deemed to include a
license to sell wine and beer at retail to be consumed under the same
terms and conditions, without the payment of any additional fee.

5. No retail license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel provided that
a restaurant is operated in such premises, restaurant, catering
establishment, club, railroad car, vessel or aircraft being operated on
regularly scheduled flights by a United States certificated airline.

5-a. Notwithstanding the provisions of subdivision five of this
section, a liquor license may be issued under this section to an
establishment designated and commonly known and operated as a "bed and
breakfast" regardless of whether or not a restaurant is operated in such
establishment, provided that such license shall only permit the sale of
alcoholic beverages to overnight guests of such establishment.

6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of sixty-two
dollars and fifty cents; provided, however, that this permission shall
not be granted if an off-premise license has been granted for premises
located within eight miles of such hotel.

6-a. The authority may consider any or all of the following in
determining whether public convenience and advantage and the public
interest will be promoted by the granting of licenses and permits for
the sale of alcoholic beverages at a particular unlicensed location:

(a) The number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof.

(b) Evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies.

(c) Effect of the grant of the license on vehicular traffic and
parking in proximity to the location.

(d) The existing noise level at the location and any increase in noise
level that would be generated by the proposed premises.

(e) The history of liquor violations and reported criminal activity at
the proposed premises.

(f) Any other factors specified by law or regulation that are relevant
to determine the public convenience and advantage and public interest of
the community.

7. No retail license for on-premises consumption shall be granted for
any premises which shall be

(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or

(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article;

(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,
however, that no renewal license shall be denied because of such
restriction to any premises so located which were maintained as a bona
fide hotel, restaurant, catering establishment or club on or prior to
December fifth, nineteen hundred thirty-three; and, except that no
license shall be denied to any premises at which a license under this
chapter has been in existence continuously from a date prior to the date
when a building on the same street or avenue and within two hundred feet
of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article, at which a license under this chapter has
been in existence continuously on or prior to November first, nineteen
hundred ninety-three; and except that this subdivision shall not be
deemed to restrict the issuance of a hotel liquor license to a building
used as a hotel and in which a restaurant liquor license currently
exists for premises which serve as a dining room for guests of the hotel
and a caterer's license to a person using the permanent catering
facilities of a church, synagogue or other place of worship pursuant to
a written agreement between such person and the authorities in charge of
such facilities. The liquor authority, in its discretion, may authorize
the removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.

(d) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".

(d-1) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.

(e) Notwithstanding the provisions of this chapter to the contrary,
the authority may issue a license to sell liquor at retail to be
consumed on premises to a club as such term is defined in subdivision
nine of section three of this chapter whether or not the building in
which the premises for which such license is to be issued is used
exclusively for club purposes and whether or not such premises is within
two hundred feet of a building used exclusively as a school, church,
synagogue or place of worship if such club is affiliated or associated
with such school, church, synagogue or place of worship and the
governing body of such school, church, synagogue or other place of
worship has filed written notice with the authority that it has no
objection to the issuance of such license.

(e-1) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises and/or an
overnight lodging facility located wholly within the boundaries of the
borough of Manhattan in the city and county of New York, bounded and
described as follows:

BEGINNING at a point on the southerly side of 49th Street, distant 160
feet easterly from the corner formed by the intersection of the
southerly side of 49th Street with the easterly side of 8th Avenue;
running thence southerly, parallel with 8th Avenue and part of the
distance through a party wall, 100 feet 5 inches to the center line of
the block between 48th and 49th Streets; thence easterly along the
center line of the block, 40 feet; thence northerly, parallel with 8th
Avenue and part of the distance through a party wall, 100 feet 5 inches
to the southerly side of 49th Street; thence westerly along the
southerly side of 49th Street, 40 feet to the point or place of
beginning. Premises known as 240 and 242 West 49th Street, New York
City. Being the same premises described in deed made by Hotel Mayfair
Inc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50
in liber 4657 Cp. 250.

(e-2) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Ulster, bounded and
described as follows:

ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements erected thereon, situated in the Village of Ellenville,
Town of Wawarsing, County of Ulster and State of New York, being further
bounded and described as follows:

Beginning at a three-quarter inch diameter iron rod found on the
southwesterly bounds of Canal Street, marking the northeasterly corner
of the lands, now or formerly, John Georges, as described in liber 2645
of deeds at page 278.

Thence along the southeasterly bounds of the lands of John Georges,
passing 1.42 feet northwesterly from the southwesterly corner of the
building situated on the premises described herein, South thirty-nine
degrees, forty-one minutes, fifty-two seconds West, one hundred fifty
and zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly
bounds of the lands, now or formerly, Thomas Powers, as described in
liber 1521 of deeds at page 749. Thence along the northeasterly bounds
of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16
E, 28.00').

Thence passing 1.92 feet southeasterly from the southeasterly corner
of the building situated on the premises described herein. North
thirty-nine degrees, forty-one minutes, fifty-two seconds East, one
hundred fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the
southwesterly bounds of Canal Street.

Thence along the southwesterly bounds of Canal Street, North fifty
degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and
zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.

Containing 4,199.92 square feet of land or 0.0996 of an acre of land.

Being the same premises as conveyed by deed dated September 2, 1999
from Chris M. Camio as Executor of the Last Will and Testament of Alice
Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
September 15, 1999 in Liber 2966 at page 291.

The undivided interests of John Harris and Alfred S. Dannhauser having
been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
in the Ulster County Clerk's Office in Liber 3213 p 65.

(e-3) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, provided such premises
constitutes a premises for the sale of food or beverages at retail for
consumption on the premises and/or an overnight lodging facility located
wholly within the boundaries of the borough of Manhattan in the city and
county of New York, bounded and described as follows:

Beginning at a point on the southerly side of 46th street, distant
three hundred fifty (350) feet westerly from the corner formed by the
intersection of the westerly side of Sixth Avenue with the said
southerly side of 46th street. Running thence southerly parallel with
the said westerly side of Sixth Avenue and for part of the distance
through a party wall, one hundred (100) feet four (4) inches; thence
westerly parallel with the southerly side of 46th street, eighty (80)
feet; thence northerly again parallel with the westerly side of Sixth
Avenue, one hundred (100) feet four (4) inches to the southerly side of
46th street; and thence easterly along the said southerly side of 46th
street, eighty (80) feet to the point or place of beginning. Premises
known as 130 West 46th Street, New York City. Being the same premises
described in deed made by Massachusetts Mutual Life Insurance Company to
West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
Office of the City Register, New York County, on February 6, 2007 as
CFRN 2007000069808.

(e-4) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:

THOSE THREE BUILDING LOTS situate on the northeasterly side of Union
Avenue in the city of Kingston, between Thomas and Cornell Streets,
known and distinguished upon a map of the property of the estate of said
Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April
11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and
bounded and described as follows:

BEGINNING at the west corner of lot seven which is also the corner of
Cornell Street, where it intersects with Union Avenue, and runs from
thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
the distance of one hundred and thirty-eight (138) feet, to the south
bounds of lot (8) eight as laid down upon said map, thence along in the
south bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear
of lots seven, six and five (7, 6 & 5) as aforesaid the distance of
seventy-two (72) feet to a lot of land owned by Max Oppenheimer and
known on said map as lot four (4); thence in the division line between
lot four and five as laid down upon said map, south 48 degrees 10' W.
one hundred and twenty-two (122) feet, and fifty-four hundredths of a
foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
thence along in said northeasterly bounds of said Union Avenue north 53
degrees 57' west along the front of said lots five, six and seven (5, 6
& 7) the distance of seventy-three feet and sixty-five hundredths of a
foot (73 65/100 feet) to the place of beginning; and a part of said
premises being a part of the same that was conveyed to Thomas Cornell by
Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
office of the Clerk of Ulster County in book No. 204 of deeds at page
403 March 6th, 1877, the balance of the property hereinbefore described
and herein intended to be conveyed was conveyed to Thomas Cornell by
James E. Ostrander and wife by deed bearing date February 8th, 1869, and
recorded in Ulster County Clerk's Office in book 175 of deeds at page
29, February 6th, 1872.

* (e-5) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, provided such
premises constitute a premises for the sale of food or beverages at
retail for consumption on the premises located wholly within the
boundaries of the borough of Brooklyn in the county of Kings and the
city of New York, bounded and described as follows:

Beginning at a point on the westerly side of Washington Avenue distant
636.45 feet southerly from the intersection of the southerly side of
Eastern Parkway and westerly side of Washington Avenue, said point being
the point of beginning; Running thence southerly along the westerly side
of Washington Avenue, a distance of 345.43 feet; thence westerly along
the line forming an interior angle with the previous course of 90
degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence
northerly along the line forming an interior angle with the previous
course of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet;
Thence northerly along the line forming an exterior angle with the
previous course of 159 degrees 18 minutes 33 seconds, a distance of
36.59 feet; Thence northerly along the line forming an exterior angle
with the previous course of 169 degrees 36 minutes 23 seconds, a
distance of 26.26 feet; Thence westerly along the line forming an
exterior angle with the previous course of 123 degrees 49 minutes 33
seconds, a distance of 58.57 feet; Thence southwesterly along the line
forming an exterior angle with the previous course of 129 degrees 53
minutes 13 seconds, a distance of 108.38 feet; Thence westerly, a
distance of 84.05 feet along a curve to the right, which has a radius of
192.59 feet, and having a central angle of 25Á00'14"; Thence westerly, a
distance of 58.94 feet along a curve to the right, which has a radius of
181.42 feet, and having a central angle of 18Á36'54". Thence westerly, a
distance of 354.56 feet; Thence northerly along the line forming an
interior angle with the previous course of 90 degrees 14 minutes 09
seconds, a distance of 114.49 feet; Thence easterly along the line
forming an exterior angle with the previous course of 286 degrees 53
minutes 22 seconds, a distance of 7.54 feet; Thence easterly along the
line forming an interior angle with the previous course of 195 degrees
07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along
the line forming an interior angle with the previous course of 193
degrees 52 minutes 57 seconds, a distance of 161.51 feet; Thence
westerly along the line forming an interior angle with the previous
course of 257 degrees 31 minutes 43 seconds, a distance of 116.17 feet;
Thence northeasterly, a distance of 7.07 feet along a non-tangent curve
to the right, having a radius of 4.50 feet, a central angle of 89Á59'10"
and a chord of 6.36 feet, which chord makes an interior angle with the
previous course of 135 degrees 01 minutes 12 seconds; Thence easterly
along the line forming an interior angle with the chord of the
above-referenced curve of 135 degrees 01 minutes 17 seconds, a distance
of 135.59 feet; Thence easterly, a distance of 81.93 feet along a
non-tangent curve to the left, having a radius of 272.93 feet, a central
angle of 17Á11'59" and a chord of 81.63 feet, which chord makes an
interior angle with the previous course of 186 degrees 52 minutes 37
seconds; Thence easterly along the line forming an interior angle with
the chord of the above-referenced curve of 192 degrees 21 minutes 11
seconds, a distance of 38.24 feet; Thence easterly along the line
forming an interior angle with the previous course of 183 degrees 09
minutes 51 seconds, a distance of 21.53 feet to the point of beginning.

* NB There are 2 par (e-5)'s

* (e-5) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Kings, bounded and
described as follows:
ALL that certain plot, piece or parcel of land situate lying and being
in the Borough of Brooklyn, County of Kings, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Synder Avenue, with the easterly side of Bedford Avenue;
THENCE easterly along the southerly side of Synder Avenue, 99 feet 10
inches;
THENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to
the center line of Union Street, as shown on the Bergen Map;
THENCE westerly along the center line of Union Street, as aforesaid, 99
feet 10 inches to the easterly side of Bedford Avenue;
THENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8
inches to the point or place of BEGINNING.

* NB There are 2 par (e-5)'s

* (e-6) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Kings, bounded and
described as follows:

BEGINNING at a point on the northerly side of Grand Street, distant
three hundred and nineteen feet and three inches easterly from the
corner formed by the intersection of the northerly of Grand Street with
the easterly side of Berry (formerly Third) Street, which point of
beginning is where a line drawn along the easterly wall of the house now
or formerly owned by one Schaefer intersects the northerly side of Grand
Street; running thence northerly along the easterly wall of the house
now or formerly owned by one Schaefer, seventy one feet and six inches;
thence easterly nearly parallel with Grand Street, eighteen feet and
five inches; thence southerly, seventy feet and seven inches to the
northerly side of Grand Street at a point, sixteen feet easterly from
the point of beginning; thence westerly along the northerly side of
Grand Street, sixteen feet.

* NB There are 2 par (e-6)'s

* (e-6) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the borough of
Manhattan in the city and county of New York, bounded and described as
follows:

BEGINNING at the corner formed by the intersection of the southerly
side of Fulton Street with the westerly side of Broadway;

RUNNING THENCE southerly along the westerly side of Broadway, 78 feet
11 1/2 inches to an angle point, in said westerly side of Broadway;

THENCE southerly still along the westerly side of Broadway, 75 feet 3
inches to the corner formed by the intersection of the westerly side of
Broadway with the northerly side of Dey Street;

THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4
inches;

THENCE northerly along a line which forms an angle on its westerly
side with the northerly side of Dey Street of 91 degrees 21 minutes 50
seconds, 77 feet 5 1/2 inches;

THENCE easterly along a line which forms an angle on its southerly
side with the last described course of 91 degrees 21 minutes 50 seconds,
75 feet 4 5/8 inches;

THENCE northerly along a line which forms an angle on its westerly
side with the last described course of 91 degrees 00 minutes 00 seconds,
77 feet 5 1/4 inches to the southerly side of Fulton Street;

THENCE easterly along the southerly side of Fulton Street, 99 feet 8
inches to an angle point on said southerly side of Fulton Street;

THENCE easterly still along the southerly side of Fulton Street, 100
feet 2 1/2 inches to the point or place of BEGINNING.

TOGETHER with benefits and subject to the terms contained in that
certain Easement and License Agreement dated as of April 20, 1993
between Kalikow Fulton Church Realty Company and 195 Property Company
and recorded on May 10, 1993 in Reel 1969 page 1310.

* NB There are 2 par (e-6)'s

* (e-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue, or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for the consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:

All that piece or parcel of land, situate in the City of Kingston,
County of Ulster and State of New York described as follows: Beginning
at a spike in the concrete sidewalk on the south bounds of Main Street
at its intersection with the west bounds of Fair Street; Thence south 8
degrees 10 hours 9 minutes east along the west bounds of Fair Street
105.31 feet to a spike in line with a three story brick building on
lands now or formerly Norman G. Lebhar and John W. Krueger (L.1516
P.425); Thence south 83 degrees 26 hours 38 minutes west along said
building and lands of Lebhar and Krueger 46.27 feet to a corner of said
building; Thence north 8 degrees 4 hours 13 minutes west along lands now
or formerly Lawrence A. Quilty and others (L.1422 P.123) and along the
brick building on the herein described parcel 102.62 feet to a
reinforcement rod set on the south bounds of Main Street; Thence north
80 degrees 6 hours 32 minutes east along said bounds of Main Street
46.10 feet to the point and place of beginning. Being the same premises
as conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave,
Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated September
15, 1995 and recorded in the Ulster County Clerk's Office on September
20, 1995 in Liber 2525 of Deeds at Page 200.

* NB There are 2 par (e-7)'s

* (e-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Erie, bounded and
described as follows:

ALL that certain plot, piece or parcel of land situate in the City of
Buffalo, County of Erie and state of New York, being part of Lot No. 77,
Township 11, Range 8 of the Holland Land Company's Survey, and further
distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown
on a map filed in the Erie County Clerk's Office under Cover No. 781 and
more particularly bounded and described as follows:

BEGINNING at the point of intersection of the northerly line of Hertel
Avenue as now laid out 100 feet wide with the easterly line of Saranac
Avenue; thence northerly along the easterly line of Saranac Avenue 120
feet; thence easterly parallel with Hertel Avenue 100 feet; thence
southerly parallel with Saranac Avenue and along the easterly line of
said subdivision Lot No. 2, a distance of 120 feet to the northerly line
of Hertel Avenue; thence westerly along said line of Hertel Avenue 100
feet to the point of beginning.

* NB There are 2 par (e-7)'s

(e-8) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Erie, bounded and
described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No.48, Township
11, Range 8 of the Holland Land Company's Survey, described as follows:

BEGINNING at a point in the easterly line of Elmwood Avenue distant
191.1 feet north of the intersection of said easterly line of Elmwood
Avenue with the northerly line of Bird Avenue; running thence northerly
along the said easterly line of Elmwood Avenue 63 feet; thence easterly
at right angles with Elmwood Avenue 140 feet; thence southerly parallel
with Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood
Avenue 140 feet to the said easterly line of Elmwood Avenue to the point
or place of beginning.

All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. Forty-Eight
(48), Township Eleven (11) and Range Eight (8) of the Holland Land
Company's survey and bounded and described as follows:

BEGINNING at a point in the easterly line of Elmwood Avenue One
Hundred Sixty and one-tenth (160.10) feet northerly from its
intersection with the northerly line of Bird Avenue, running thence
northerly on said easterly line of Elmwood Avenue Thirty-one (31) feet;
thence easterly at right angles to Elmwood Avenue One Hundred forty
(140) feet; thence southerly parallel with Elmwood Avenue Thirty-one
(31) feet; thence westerly at right angles to Elmwood Avenue, One
Hundred forty (140) feet to the easterly line of Elmwood Avenue at the
place of beginning.

All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. 48, Township
11, Range 8 of the Holland Land Company's Survey and bounded and
described as follows:

BEGINNING at a point in the east line of Elmwood Avenue, distant
321.50 feet south from the intersection of said east line with the south
line of Forest Avenue; thence south along the east line of Elmwood
Avenue, 49 feet to a point; thence east at right angles to the east line
of Elmwood Avenue, 140 feet to a point, thence north, parallel with the
east line of Elmwood Avenue, 49 feet to a point; thence west in a
straight line, 140 feet to the point of beginning.

* (e-9) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship and a school, provided such premises constitute a premises for
the Lewiston fire department located wholly within the boundaries of the
county of Niagara, bounded and described as follows:

ALL that certain plot, piece or parcel of land situate in the Village
of Lewiston, County of Niagara and state of New York, being New Lot "C"
according to a map made by James M. McIntyre, Surveyor, on April 8, 2011
and filed in the Niagara County Clerk's Office on June 13, 2012 in Book
64 of Microfilmed Maps, at page 6441m showing re-subdivision of Old
Sublots 169 and 170 on the east side of the North Fifth Street; and
sublots 154, 155 and 156 on the south side of Onondaga Street as shown
on Map of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and
filed with the Deed Atlas in Niagara County Clerk's Office, and bounded
and described as follows:

BEGINNING at a point in the intersection of the south line of Onondaga
Street and the west line of North Sixth Street; thence south along the
west line of North Sixth Street, a distance of 264.00 feet; thence west
at an interior angle of 90Á10'33", a distance of 198.00 feet to the east
line of North Fifth Street; thence north along the east lone of North
Fifth Street, at an interior angle of 89Á29'47", a distance of 132.00
feet; thence east at an interior angle of 90Á10'33", a distance of
102.00 feet; thence north at an exterior angle of 90Á10'33", a distance
of 132.00 feet to the south line of Onondaga Street; thence east along
the south line of Onondaga Street, a distance of 96.00 feet to the point
of beginning.

* NB There are 2 par (e-9)'s

* (e-9) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Jefferson, bounded and
described as follows:

ALL that certain lot, piece or parcel of land, situated in the City of
Watertown, County of Jefferson and State of New York, described as
follows:

BEGINNING in the westerly margin of Massey Street where it intersects
the southerly margin of Prospect Street;

THENCE southerly along the margin of said Massey Street about 6 rods
and 1/4 of a rod to land formerly owned by Ed. Bohl;

THENCE westerly at right angles along the northerly line of said Bohl
lot to a point therein 34 feet from the southeasterly corner of a lot of
land conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7
inches;

THENCE northerly at right angles and parallel with the easterly line
of said Gillingham's lot about 6 1/4 rods to Prospect Street;

THENCE easterly along the south margin of said Prospect Street to the
place of beginning, and all the lands belonging to the land hereby
conveyed and lying in front of the same Massey and Prospect Streets;

BEING the same premises conveyed to Vincent Cavallerio and Adrianna
Cavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded
in the Jefferson County Clerk's office on May 27, 1977 in Liber 881 of
Deeds at page 418. Vincent Cavallario died in the City of Watertown on
August 17, 1984;

ALSO BEING the same premises conveyed to Adriana Cavallario and Peter
G. Cavallario, as Trustees of the living Trust of Adriana Cavallario,
under agreement dated October 14, 1995, by Adriana Cavallaria, by
warranty deed dated October 24, 1995 and recorded in the Jefferson
County Clerk's office on November 8, 1995 in Liber 1483 at Page 15;

ALSO BEING the premises known as 133 North Massey Street, Watertown,
New York.

* NB There are 2 par (e-9)'s

(e-10) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Washington, bounded and
described as follows:

ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of
the intersection of Main Street and Maple Street in the Village of
Hudson Falls, Washington County, New York, and which said parcel in more
particularly bounded and described as follows:

BEGINNING at a point marking the intersection of the easterly bounds
of Main Street with the southerly bounds of Maple Street; running thence
from the point of beginning in an easterly direction along the southerly
bounds of Maple Street. South 86 degrees 47 minutes 40 seconds East for
a distance of 229.47 feet to a point; running thence in a southerly
direction, south 07 degrees 28 minutes 10 seconds West for a distance of
100.05 feet to a point; running thence in a northerly line of lands of
the First Baptist Church of Hudson Falls; running thence in a westerly
direction along the northerly line of said lands of said Church, North
84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a
point in the easterly bounds of Main Street; running thence in a
northerly direction along the easterly bounds of Main Street, North 06
degrees 11 minutes 40 seconds West for a distance of 94.47 feet to the
point of beginning. The same to contain 0.483 acres ±.

REFERENCE to the above description is a survey map titled "Map of a
Survey of Lands of the County of Washington" prepared by Charles T.
Nancy, Licensed Land Surveyor, Dated August 4, 1994 and on file at the
Washington County Clerk's Office in Drawer 31B of Maps and Map Number
31B-160.

ALL THAT CERTAIN LOT OR PARCEL OF LAND situated in the Village of
Hudson Falls, Washington County, New York bounded and described as
follows:

BEGINNING at a point on the south line of Maple Street in said Village
fifty feet westerly of a steel bolt in the northwest corner of the New
York Telephone Co.'s Lot, which said point is at the west end of a
retaining curbing to the south line of brick driveway, thence running
north 75 degrees east along said south line of Maple Street fifty feet
to a bolt driven in the ground for a monument as a marker; thence
southerly one hundred and eight and seven tenths feet to an iron bolt
driven in the ground fifty feet from the west line of lot hereby
conveyed; thence easterly fifty-one feet to a large iron pipe driven in
the ground for a monument; thence southerly about two feet easterly of
the garage building on said property fifty-six feet to the location of
the boundary line between lands formerly owned by Elisha Baker, and
Samuel Tappin and U. Cornell Allen, the same being the southerly
boundary line of the premises hereby conveyed; thence westerly on said
boundary line one hundred and two feet to the east line of the Baptist
Church lot, which lot last mentioned line is monumented; thence along
the east line of said Church lot and the lot formerly owned by Crenville
M. Ingalsbe one hundred and sixty-one feet to the place of beginning.

The above described premises are conveyed subject to a certain right
of way over same heretofore granted by George H. Newton to Hudson River
Telephone Co. by Deed dated July 10, 1915 and recorded in Washington
County Clerk's Office in Liber 138 of Deeds at Page 134.

A more modern description of the above premises is as follows:
Commencing in the southerly bounds of Maple Street at the northwest
corner of premises formerly of New York Telephone Company; running
thence along the westerly bounds of said lands formerly of New York
Telephone Company; running thence along the westerly bounds of said
lands formerly of New York Telephone Company on a course of south 7
degrees 29 minutes west for a distance of 108.66 feet to a point for a
corner; running thence south 85 degrees 03 minutes east for a distance
of 50.97 feet to an iron pipe found for a corner; running thence south 8
degrees 35 minutes west for a distance of 56.65 feet to an iron pipe
found for a corner; running thence north 83 degrees 40 minutes west for
a distance of 101.94 feet along the northerly bounds of lands formerly
of O.T. Griffin to a point for a corner in the easterly bounds of the
Baptist Church lot; running thence north 8 degrees 17 minutes east for a
distance of 162.10 feet to a point in the southerly bounds of Maple
Street; running thence south 85 degrees 57 minutes east for a distance
of 49.90 feet to the point and place of beginning. The aforedescribed
premises are depicted on a certain "Map of Lands of Village of Hudson
Falls at "#8 Maple Street" dated November 2, 1953 by Leslie W. Coulter
and filed in the Washington County Clerk's Office on January 11, 1954,
as Map No. 02.

* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises occupying
the southernmost portion of the buildings and improvements further
identified as suite two hundred ten and located wholly within the
boundaries of the county of Westchester, bounded and described as
follows:

ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being in the City of
White Plains, County of Westchester, State of New York, more
particularly described as follows:

BEGINNING at a point in the northerly side of Main Street as the same
is now laid out and established where said northerly side of Main Street
is intersected by the division line between the premises hereby
described and land now or formerly of Henry E. Hartnett said point being
at the southeasterly corner of the parcel hereby described;

THENCE RUNNING along the northerly side of Main Street as now
established, South 76 degrees 38 minutes 54 seconds West 48.24 feet to a
monument thence on a curve to the right forming the northeasterly corner
of Main Street and Church Street said curve having a radius of 26.03
feet, a distance of 39.836 feet (39.84 feet per deed) to the easterly
side of Church Street;

THENCE RUNNING along the easterly side of Church Street North 15
degrees 40 minutes West 205.61 feet to the northwesterly corner of the
premises hereby described and to the southerly line of a 12 foot
driveway leading from land of Henry E. Hartnett to Church Street;

THENCE RUNNING along the southerly side of said driveway, North 74
degrees 18 minutes 50 seconds East 74.84 feet to the northeasterly
corner of the premises hereby described and land of Henry E. Hartnett;

THENCE along said land of Henry E. Hartnett, South 15 degrees 15
minutes 30 seconds East 233.60 feet to the northerly side of Main
Street, at the point or place of BEGINNING.

TOGETHER with the benefits of a certain Declaration of Easement made
by Markbeth Building Corp dated October 28, 1981 and November 10, 1981
in Liber 7736 cp 262 as set forth therein.

* NB There are 3 par (e-11)'s

* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Erie, bounded and
described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo,
County of Erie and State of New York, and bounded and described as
follows: being part of Lot number seventy-one (71), Township eleven
(11), Range eight (8) of the Holland Land Company's survey and in a
subdivision of part of said lots 71 and 72, made for Main Street Land
and Improvement Co., by C.F. Witmer, surveyor, a map of which
subdivision is on file in Erie County Clerk's Office under Cover 292.
This premises herby conveyed being designated as subdivision lot No.
thirty-nine (39) in Block "C" and bounded and described as follows:

BEGINNING at a point in the westerly line of Main Street thirty-six
and one-half (36-1/2) feet northerly from its intersection with the
northerly line of Heath Street (formerly Morton Street). Running thence
northerly along said line of Main Street thirty-six and one-half
(36-1/2) feet; thence westerly at right angles with said line of Main
Street to a sixteen (16) foot alley; thence southerly along the easterly
line of said alley to a point where a line drawn at right angles with
said line of Main Street would intersect said line of Main Street at the
place of beginning and thence easterly at right angles with Main Street
to the said line of Main Street at the place of beginning.

* NB There are 3 par (e-11)'s

* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Broome, bounded and
described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,
County of Broome, State of New York, bounded and described as follows:

BEGINNING at a point at the intersection of the northerly street
boundary of Henry Street and the easterly street boundary of Water
Street, at the southwesterly corner of the premises herein described;

THENCE N 17Á-02'-44" E along said easterly street boundary of Water
Street a distance of 96.66 feet to a point;

THENCE N 19Á-42'-08" E along said easterly street boundary of Water
Street a distance of 25.28 feet to a 5/8 inch rebar with plastic yellow
cap marked "Jennings" found at the southwesterly corner of lands owned
by the City of Binghamton as recorded in the Broome County Clerk's
Office in Liber 549 at page 418;

THENCE S 77Á-19'-48" E along the southerly boundary of lands owned by
said City of Binghamton a distance of 118.89 feet to a masonry nail
found in the westerly boundary of lands owned by Samuel Diamond (Liber
1198, page 377);

THENCE S 17Á-49'-47" W along said westerly boundary of lands owned by
Diamond a distance of 14.00 feet to a 1/2 inch rebar found;

THENCE S 82Á-36'-13" E along the southerly boundary of lands owned by
said Diamond a distance of 5.06 feet to a point at the northwesterly
corner of lands owned by Washington Building Management Company (Liber
1750, page 69);

THENCE S 15Á-00'-17" W along the westerly boundary of lands owned by
said Company a distance of 42.68 feet to a point;

THENCE, S 83Á-53'-13" E along the southerly boundary of lands owned by
said Company a distance of 28.00 feet to a point at the northwesterly
corner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page
33) on the exterior face of a building wall;

THENCE, along the westerly boundary of lands owned by said Mitchell
the following three courses:

1. S 11Á-52'-47" W along said wall a distance of 33.68 feet to a point
in a party building wall;

2. S 84Á-51'-13" E along said party wall a distance of 7.57 feet to a
point;

3. S 14Á-48'-47" W along the centerline of a party building wall a
distance of 35.26 feet to a point in said northerly street boundary of
Henry Street;

THENCE N 77Á-32'-37" W along said northerly street boundary of Henry
Street a distance of 165.87 feet to the point of beginning as surveyed
by Paul B. Koerts, Professional Land Surveyor on March 11, 1996. The
bearings are referenced to record north for lands owned by said City of
Binghamton (Liber 549, page 418).

Together with the following:

1. A right-of-way over the westerly 12.5 feet of so much of the
premises described above as adjoins the premises formerly of Charles A.
Wilkinson, now of Clare B. Risk, on the west (being the northerly 40
feet thereof, more or less), and adjoining the premises described above
on the east, as granted in a deed from Charles A. Wilkinson, et al, to
John Hull, Jr., et al, dated February 24, 1886 and recorded in the
Broome County Clerk's Office on November 20, 1886 in Book 130 of Deeds
at page 546.

2. The benefits contained in an agreement between Hull, Grummond & Co.
and George F. O'Neil providing for the erection of a party wall recorded
in the Broome County Clerk's Office on October 28, 1913 in Book 247 of
Deeds at Page 313.

3. The benefits contained in an agreement between Mabel D. Eggleston
and Hull-Grummond & Co., Inc. providing for the erection of a party wall
recorded in the Broome County Clerk's Office on August 28, 1918 in Book
281 of Deeds at page 179.

* NB There are 3 par (e-11)'s

(e-12) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the Borough of Brooklyn, county of
Kings, bounded and described as follows:

ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New York, bounded and
described as follows:

BEGINNING at a point on the northerly side of Lafayette Avenue,
distant 43 feet westerly from the corner formed by the intersection of
the northerly side of Lafayette Avenue with the westerly side of St.
Felix Street, which point is opposite the center line of a party wall on
the premises herein described and the premises adjoining on the east;

RUNNING THENCE westerly along the northerly side of Lafayette Avenue,
21 feet 6 inches to a point opposite the center line of another party
wall on the premises herein described and premises adjoining on the
west;

THENCE northerly parallel with the westerly side of St. Felix Street,
and part of the distance through a party wall, 100 feet to a point
distant 63 feet westerly (deed) 64 feet 6 inches (tax map) from the
westerly side of St. Felix Street measuring along a line drawn at right
angles thereto from a point thereon distant 100 feet northerly from the
corner formed by the intersection of the northerly side of Lafayette
Avenue with the westerly side of St. Felix Street;

THENCE easterly parallel with the northerly side of Lafayette Avenue
and at right angles to St. Felix Street, 21 feet 6 inches;

THENCE southerly parallel with St. Felix Street and part of the
distance through a party wall, 100 feet to the northerly side of
Lafayette Avenue at the point or place of BEGINNING.

For Information Only: Said premises are known as 33 Lafayette Avenue,
Brooklyn, NY and designated as Block 2108 Lot 19 as shown on the Tax Map
of the City of New York, County of Kings.

* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the city of Niagara Falls, county of
Niagara, bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the City of Niagara Falls,
County of Niagara and State of New York, being part of Lot No. 43 of the
Mile Reserve and further distinguished as Lots Nos. 2 and 4 as shown on
map made by Jesse P. Haines and filed on December 20, 1861 under Cover
No. 389, being situate on the east line of Second Street, bounded and
described as follows:

BEGINNING at the intersection of the north line of Rainbow Boulevard,
formerly Jefferson Avenue and formerly Union Street, with the east line
of Second Street; thence northerly along the east line of Second Street,
a distance of about 106.56 feet to the south line of Lot No. 6; thence
easterly along the south line of Lot No. 6, a distance of 132.52 feet to
the west line of an alley which is also the east line of Lots Nos. 2 and
4; thence southerly along the west line of said alley, a distance of
186.8 feet to the north line of Rainbow Boulevard; thence westerly along
the north line of Rainbow Boulevard, as distance of about 154.34 feet to
the east line of Second Street and point of beginning.

* NB There are 3 par (e-13)'s

* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the Village of Jeffersonville, Town of
Callicoon, county of Sullivan, bounded and described as follows:

BEGINNING at a Point in the northwesterly bounds of New York State
Route No. 52 (Main Street) at its northwesterly corner of Parcel II as
described in the Deed Instrument 2019-9072, thence running North 47
degrees 46 minutes West 135.00 feet to an iron set on the southeasterly
bounds of lands of Schnabele (Deed Instrument 2016-2475), thence running
along the southeasterly bounds of said lands of Schnabele South 42
degrees 31 minutes West 60 feet to an iron rod found at the southerly
corner of said lands of Schnabele, thence running along the
southwesterly bounds of said lands of Schnabele and a projection thereof
North 53 degrees 51 minutes 00 seconds West 276.00 feet to a point in a
twin hemlock tree on the easterly bounds of lands of Richard and
Kathleen Herbert Irrevocable Trust (Deed Liber 3561 at page 360), thence
running along said easterly bounds of lands of Richard and Kathleen
Herbert Irrevocable Trust and running generally along a ditch South 12
degrees 52 minutes 44 seconds West 125 feet to an iron pipe set, said
iron pipe set being approximately three feet easterly of an iron bar
found at the northerly corner of lands of Yeung & Cheung (Deed Liber
1613 at page 46), thence running South 46 degrees 44 minutes 26 seconds
East 255.50 feet to an iron spike set on the Northwesterly bounds of an
eight foot right of way, thence running along said right of way bounds
and running along the bounds of lands of Yeung & Cheung North 44 degrees
05 minutes East 3.00 feet to an iron rod found, thence South 47 degrees
21 minutes East 84 feet to a point on the approximate northwesterly
bounds of New York State Route No. 52, thence running along said
approximate northwesterly highway bounds North 44 degrees 12 minutes 18
seconds East 200.59 feet to the point or place of beginning and
containing 1.3 acre of land to be the same more or less.

TOGETHER with the use of an eight foot wide right of way through the
lands of Yeung & Cheung. The northeasterly bounds of said right of way
being the above mentioned course of South 47 degrees 21 minutes East
84.00. See Deed Liber 430 at Page 404 and Deed Liber 1613 at Page 46.

SUBJECT any use, dedication, conveyance or easement(s) of record for
public highway or public utility purposes.

Being and intended to be the same premises described in a deed from
RCAIS HOLDINGS LLC to WLMC LLC dated December 2, 2016 and recorded on
December 14, 2016 in the Sullivan county clerk's office as Instrument
No. 2016-9588.

* NB There are 3 par (e-13)'s

* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Saratoga, bounded and
described as follows:

ALL THOSE CERTAIN PARCELS OF LAND and the improvements thereon situate
in the City of Saratoga Springs, County of Saratoga, State of New York
lying Northwesterly of and adjacent to Broadway, a.k.a. New York State
Route #50 and U.S. Route 9, and being more particularly bounded and
described as follows:

BEGINNING at the point of intersection of the division line between
the lands of Alice M. Bode as described in Book 808 of Deeds at Page 494
on the Northeast and other lands of Alice M. Bode as described in Book
808 of Deeds at Page 496 on the Southwest with the Northwesterly line of
Broadway and runs thence along said division line North 56 degrees 40
minutes 20 seconds West in part passing through the middle of the brick
wall between these premises and premises adjoining on South, a distance
of 151.18 feet to its intersection with the Southeasterly line of Long
Alley; thence along said Southeasterly line North 33 degrees 34 minutes
10 seconds East a distance of 34.38 feet to its intersection with the
Southwesterly line of Walton Street; thence South 56 degrees 15 minutes
46 seconds East along said Southwesterly line a distance of 151.18 feet
to its intersection with the Northwesterly line of Broadway; thence
along said Northwesterly line South 33 degrees 34 minutes 10 seconds
West a distance of 33.30 feet to the point of beginning.

BEING the same premises conveyed by Deed by John A. Slade, as
Administrator of the goods, chattels and credit of Alice Maude Jenkins
to Alice M. Bode dated January 1, 1967 and recorded in the Saratoga
County Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 494.

Subject to an easement granted by Alice M. Bode to Carolyn B. Siewers
and Leslie J. Suprenant dated December 15, 1987 and recorded in the
Saratoga County Clerk's Office in Liber 1222 of Deeds at Page 113 on
December 15, 1987.

BEGINNING at the point of intersection of the division line between
lands of Alice M. Bode as described in Book 808 of Deeds at Page 494 on
the Northeast and other lands of Alice M. Bode as described in Book 808
of Deeds at Page 496 on the Southwest with the Northwesterly line of
Broadway, a.k.a. New York State Route #50 and U.S. Route 9, and runs
thence along said Northwesterly line South 33 degrees 34 minutes 10
seconds West a distance of 22.83 feet to its point of intersection with
the division line between the lands of Alice M. Bode as described in
Book 808 of Deeds at Page 496 on the Northeast and the lands of James W.
and Christine Breitenfeld as described in Book 1085 of Deeds at Page 323
on the Southwest; thence along said division line and the division
between the buildings located at 493 and 495 Broadway North 56 degrees
40 minutes 20 seconds West a distance of 106.98 feet to its point of
intersection with the division line between said lands of Bode on the
Southeast and the lands of John F. Baker as described in Book 1350 of
Deeds at Page 773 on the Northwest; thence along said division line
North 33 degrees 34 minutes 10 seconds East a distance of 22.83 feet to
a point on the first herein described division line; thence along said
division line South 56 degrees 40 minutes 20 seconds East, in part
passing through the middle of the brick wall between these premises and
premises adjoining on North, a distance of 106.98 feet to the point of
beginning.

BEING a portion of the premises conveyed by Deed by John A. Slade, as
Administrator of the goods, chattels and credit of Alice Maude Jenkins
to Alice Bode dated January 1, 1967 and recorded in the Saratoga County
Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 496.

TOGETHER with the appurtenances and all the estate which the decedent
had at the time of the decedent's death in the subject premises, and
also the estate therein, which the Party of the First Part has or has
power to convey and dispose of, whether individually, or otherwise.

* NB There are 3 par (e-13)'s

(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or
community board, it determines that granting such license would be in
the public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the
municipality or community board, and shall state and file in its office
its reasons therefor. The hearing may be rescheduled, adjourned or
continued, and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.

8. A license issued for such premises as are being conducted as a
catering establishment shall authorize the holder thereof to sell
alcoholic beverages at retail during such period of time as a function,
occasion or event is in progress therein and then only to persons
invited to and attending such function, occasion or event and only for
consumption on the premises where sold.

9. A retail license under this section may be granted for a premises
being conducted as a restaurant and located in the area leased by the
city of New York to the New York World's Fair 1964-1965 pursuant to the
provisions of chapter four hundred twenty-eight of the laws of nineteen
hundred sixty as amended by chapter nine hundred nine of the laws of
nineteen hundred sixty-one during the term or duration of such lease,
notwithstanding the fact that said premises is not open to the general
public as required by this chapter provided that such premises has been
designated as an authorized facility of the New York World's Fair
1964-1965 Corporation and has been certified to the liquor authority by
said corporation as such.