S T A T E O F N E W Y O R K
________________________________________________________________________
5739
2013-2014 Regular Sessions
I N S E N A T E
June 11, 2013
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the issuance of a distiller's license to the owners and
operators of the Fort William Henry Corporation and its related
subsidiaries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 101 of the alcoholic beverage control law is
amended by adding a new subdivision 6 to read as follows:
6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SUBDIVISION TWO-C OF
SECTION SIXTY-ONE OF THIS CHAPTER TO THE FORT WILLIAM HENRY CORPORATION
OR TO ANY OF ITS WHOLLY OWNED SUBSIDIARIES (HEREINAFTER REFERRED TO IN
THIS SUBDIVISION AS "FWHC"). SUCH LICENSE SHALL PERMIT THE LEGAL MANU-
FACTURE OF SPIRITS AND THE SALE OF WINE, SPIRITS, BEER AND ANY OTHER
ALCOHOLIC BEVERAGES AND PERMITTED GOODS OTHERWISE AUTHORIZED BY LAW AT
PREMISES LOCATED ON ANY PART OR PORTION OF PARCEL A, PARCEL B OR PARCEL
C, (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS THE "SITE"). NOTHING
IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT OR IMPAIR ANY LEGAL
ACTIVITIES WHICH WERE BEING CONDUCTED ON OR BEFORE THE EFFECTIVE DATE OF
THIS SUBDIVISION UPON ANY OF THE PARCELS COMPOSING THE SITE PURSUANT TO
THIS CHAPTER OR ANY OTHER PROVISION OF LAW. THE LEGAL DESCRIPTIONS FOR
THE THREE PARCELS SO IDENTIFIED AS THE SITE ARE AS FOLLOWS:
PARCEL A
ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE OF NEW YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHWESTERLY BOUNDARY
OF BEACH ROAD WITH THE SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11435-01-3
S. 5739 2
OF HOLLY RAJ INC., AND RUNNING THENCE SOUTHEASTERLY ALONG THE SAID
SOUTHWESTERLY BOUNDARY OF BEACH ROAD AND THE SOUTHWESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING (9)
NINE COURSES AND DISTANCES: 1) SOUTH 47° 49' 51" EAST 49.20 FEET TO A
POINT; 2) SOUTH 41° 08' 51" EAST 50.18 FEET TO A POINT; 3) SOUTH 34° 19'
51" EAST 20.62 FEET TO A POINT; 4) SOUTH 34° 19' 51" EAST 29.38 FEET TO
A POINT; 5) SOUTH 28° 23' 51" EAST 54.00 FEET TO A POINT; 6) SOUTH 23°
28' 51" EAST 75.29 FEET TO A POINT; 7) SOUTH 25° 57' 51" EAST 130.22
FEET TO A POINT; 8) SOUTH 30° 43' 21" EAST 109.09 FEET TO A POINT; AND
9) SOUTH 29° 21' 51" EAST 140.00 FEET TO A POINT IN THE NORTHWESTERLY
BOUNDARY OF THE PREMISES CONVEYED BY THE COUNTIES OF WARREN AND WASHING-
TON INDUSTRIAL DEVELOPMENT AGENCY TO THE FORT WILLIAM HENRY CORPORATION
BY DEED DATED MAY 18, 1998 AND RECORDED IN THE WARREN COUNTY CLERK'S
OFFICE ON MAY 28, 1998 IN LIBER 1066 OF DEEDS AT PAGE 279; THENCE SOUTH
60° 37' 18" WEST ALONG THE SAID NORTHWESTERLY BOUNDARY OF THE PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY TO THE FORT WILLIAM HENRY CORPORATION 70.01 FEET TO A POINT;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY OF SAID PREMISES
CONVEYED BY THE COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT
AGENCY TO THE FORT WILLIAM HENRY CORPORATION THE FOLLOWING (5) FIVE
COURSES AND DISTANCES: 1) NORTH 29° 21' 51" WEST 139.17 FEET TO A POINT;
2) NORTH 30° 43' 21" WEST 111.17 FEET TO A POINT; 3) NORTH 25° 55' 51"
WEST 130.20 FEET TO A POINT; 4) NORTH 26° 32' 41" WEST 145.00 FEET TO A
POINT; AND 5) NORTH 42° 42' 21" WEST 120.00 FEET TO A POINT IN THE FIRST
MENTIONED SOUTHEASTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF HOLLY RAJ
INC.; THENCE NORTH 51° 01' 09" EAST ALONG THE SAID SOUTHEASTERLY BOUNDA-
RY OF LANDS NOW OR FORMERLY OF HOLLY RAJ INC. 70.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.062 ACRES OF LAND, BEING THE SAME MORE OR
LESS.
PARCEL B
ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE OF NEW YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE EASTERLY BOUNDARY OF
NEW YORK STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF CHARLES R. WOOD FOUNDATION, AND RUNNING THENCE NORTHERLY
ALONG THE SAID EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N THE FOLLOW-
ING FOUR (4) COURSES AND DISTANCES: 1) NORTH 03°- 06'- 51" WEST 54.12
FEET TO A POINT; 2) NORTH 00°- 54'- 09" EAST 281.77 FEET TO A POINT; 3)
NORTH 01°-45'- 09" EAST 59.83 FEET TO A POINT; AND 4) NORTH 02°- 47'-
35" WEST 51.87 FEET TO AN IRON PIN IN THE SOUTHERLY BOUNDARY OF OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; THENCE EASTERLY
ALONG THE SAID SOUTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORPORATION THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1) NORTH 88°- 22'- 09" EAST 475.96 FEET TO A POINT; 2) NORTH 60°- 07'-
09" EAST 66.22 FEET TO A POINT; AND 3) NORTH 47°- 47'- 09" EAST 315.47
FEET TO AN IRON PIPE IN THE EASTERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF THE VILLAGE OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID EASTERLY
BOUNDARY OF LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE THE
FOLLOWING THREE (3) COURSES AND DISTANCES: 1) SOUTH 32°- 08'- 51" EAST
148.00 FEET TO A POINT; 2) SOUTH 37°- 04'- 51" EAST 221.91 FEET TO A
POINT; AND 3) SOUTH 32°- 47'- 51" EAST 83.60 FEET TO A POINT IN THE
NORTHERLY BOUNDARY OF THE AFOREMENTIONED LANDS NOW OR FORMERLY OF
CHARLES R. WOOD FOUNDATION; THENCE WESTERLY ALONG THE SAID NORTHERLY
BOUNDARY OF LANDS NOW OR FORMERLY OF CHARLES R. WOOD FOUNDATION THE
FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 55°- 39'- 09" WEST
S. 5739 3
188.00 FEET TO A SQUARE HEAD BOLT; 2) SOUTH 68°- 08'- 09" WEST 115.00
FEET TO A POINT; 3) SOUTH 81°- 37'-09" WEST 240.84 FEET TO A POINT; AND
4) SOUTH 74°- 08'- 09" WEST 546.05 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.558 ACRES OF LAND, BEING THE SAME MORE OR LESS.
ALSO, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE LYING AND BEING
IN THE VILLAGE OF LAKE GEORGE, COUNTY OF WARREN, STATE OF NEW YORK,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO THE POINT OF
BEGINNING; THENCE THROUGH SAID LANDS OF WARREN COUNTY THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 33°45'28" WEST, 74.95 FEET TO
A POINT, 2) SOUTH 59°52'14" WEST, 108.57 FEET TO A POINT, AND 3) NORTH
75°07'46" WEST, 41.87 FEET TO A POINT ON THE DIVISION LINE BETWEEN SAID
LANDS OF WARREN COUNTY ON THE SOUTH AND LANDS NOW OR FORMERLY OF FORT
WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG SAID
DIVISION LINE NORTH 66°25'30" EAST, 91.92 FEET TO A POINT; THENCE NORTH
52°56'30" EAST, 115.00 FEET TO THE POINT OR PLACE OF BEGINNING.
EXCEPTING AND RESERVING THEREFROM, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND SITUATE LYING AND BEING IN THE VILLAGE OF LAKE GEORGE, COUNTY OF
WARREN, STATE OF NEW YORK, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED ON THE WESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF WARREN COUNTY AS DESCRIBED IN LIBER 281, PAGE 51, SAID POINT
ALSO BEING ON THE DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF WARREN
COUNTY (LIBER 4390 PAGE 154) ON THE SOUTH AND LANDS NOW OR FORMERLY OF
FORT WILLIAM HENRY CORP. (LIBER 497 PAGE 222) ON THE NORTH; THENCE ALONG
SAID DIVISION LINE SOUTH 40°27'30" WEST, 188.00 FEET TO A POINT; THENCE
THROUGH SAID LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORP. NORTH
33°45'28" EAST, 102.84 FEET TO A POINT; THENCE NORTH 40°27'30" EAST,
85.36 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY OF LANDS
NOW OR FORMERLY OF WARREN COUNTY (LIBER 281, PAGE 51); THENCE ALONG SAID
WESTERLY BOUNDARY SOUTH 51°54'30" EAST, 12.01 FEET TO THE POINT OR PLACE
OF BEGINNING.
PARCELC
ALL THAT PIECE OR PARCEL OF PROPERTY SITUATE IN THE VILLAGE OF LAKE
GEORGE, COUNTY OF WARREN, STATE OF NEW YORK AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE EASTERLY BOUNDARY
OF NEW YORK STATE ROUTE 9N WITH THE NORTHERLY BOUNDARY OF OTHER LANDS
NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION; SAID PIN BEING
LOCATED THE FOLLOWING FOUR (4) COURSES AND DISTANCES NORTHERLY FROM THE
INTERSECTION OF THE EASTERLY BOUNDARY OF NEW YORK STATE ROUTE 9N WITH
THE NORTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF CHARLES R. WOOD
FOUNDATION: 1) NORTH 03°- 06'- 51" WEST 54.12 FEET; 2) NORTH 00°- 54'-
09" EAST 281.77 FEET; 3) NORTH 01°- 45'- 09" EAST 59.83 FEET; AND 4)
NORTH 02°- 47'- 35" WEST 51.87 FEET, AND RUNNING THENCE FROM SAID POINT
OF BEGINNING NORTHERLY ALONG THE SAID EASTERLY BOUNDARY OF NEW YORK
STATE ROUTE 9N THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: 1) NORTH
03°- 29'-09" EAST 105.00 FEET TO A POINT; 2) NORTH 09°- 11'- 09" EAST
60.10 FEET TO A POINT; 3) NORTH 05°- 41'- 09" EAST 161.06 FEET TO A
POINT; 4) NORTH 09°- 28'-34" EAST 124.23 FEET TO AN IRON PIN; 5) NORTH
14°- 08'- 27" EAST 150.26 FEET TO A SQUARE MONUMENT; 6) NORTH 22°- 36'-
14" EAST 111.15 FEET TO A POINT; AND 7) NORTH 17°- 47'- 09" EAST 91.79
S. 5739 4
FEET TO AN IRON PIPE IN THE SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY
OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.; THENCE SOUTH 59°- 07'-
51" EAST ALONG THE SAID SOUTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF
ADIRONDACK ENTERTAINMENT AND RECREATION, INC. 40.70 FEET TO A POINT;
THENCE NORTH 51°- 01'- 09" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LANDS NOW OR FORMERLY OF ADIRONDACK ENTERTAINMENT AND RECREATION, INC.
167.30 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF LANDS NOW OR
FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION; THENCE SOUTHEASTERLY
ALONG THE SAID SOUTHWESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE
ADIRONDACK LAKEVIEW CORPORATION THE FOLLOWING FIVE (5) COURSES AND
DISTANCES: 1) SOUTH 42°- 42'- 21" EAST 120.00 FEET TO A POINT; 2) SOUTH
26°- 32'- 41" EAST 145.00 FEET TO A POINT; 3) SOUTH 25°-55'- 51" EAST
130.20 FEET TO A POINT; 4) SOUTH 30°- 43'- 21" EAST 111.17 FEET TO A
POINT; AND 5) SOUTH 29°- 21'- 51" EAST 139.17 FEET TO A POINT; THENCE
NORTH 60°- 37'- 18" EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LANDS
NOW OR FORMERLY OF THE ADIRONDACK LAKEVIEW CORPORATION 70.01 FEET TO A
POINT IN THE WESTERLY BOUNDARY OF LANDS NOW OR FORMERLY OF THE VILLAGE
OF LAKE GEORGE; THENCE SOUTHERLY ALONG THE SAID WESTERLY BOUNDARY OF
LANDS NOW OR FORMERLY OF THE VILLAGE OF LAKE GEORGE THE FOLLOWING TWO
(2) COURSES AND DISTANCES: 1) SOUTH 29°- 21'- 51" EAST 32.24 FEET TO A
POINT; AND 2) SOUTH 30°- 27'- 51" EAST 73.00 FEET TO AN IRON PIPE IN THE
NORTHERLY BOUNDARY OF OTHER LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY
CORPORATION; THENCE WESTERLY ALONG THE SAID NORTHERLY BOUNDARY OF OTHER
LANDS NOW OR FORMERLY OF FORT WILLIAM HENRY CORPORATION THE FOLLOWING
THREE (3) COURSES AND DISTANCES: 1) SOUTH 47°- 47'- 09" WEST 315.47 FEET
TO A POINT; 2) SOUTH 60°- 07'- 09" WEST 66.22 FEET TO A POINT; AND 3)
SOUTH 88°- 22'- 09" WEST 475.96 FEET TO THE POINT OF BEGINNING, CONTAIN-
ING 9.398 ACRES OF LAND, BEING THE SAME MORE OR LESS.
(B) THE SITE MAY, BUT SHALL NOT BE REQUIRED TO, BE USED TO PRODUCE
SPIRITS AS A CONDITION OF SUCH LICENSE.
(C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFICER
OR EMPLOYEE OF, OR PURVEYOR TO THE FWHC BY REASON OF SUCH PERSON HOLDING
A LICENSE PURSUANT TO THIS CHAPTER, OR BEING AFFILIATED WITH A LICENSEE
UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR
OR EMPLOYEE.
(D) NO PERSON SHALL BE DISQUALIFIED FROM BEING A LENDER, LESSEE OR
LESSOR TO THE FWHC ON TERMS AGREED WITH THE BOARD OF DIRECTORS OF THE
FWHC, BY REASON OF SUCH PERSON HOLDING A LICENSE PURSUANT TO THIS CHAP-
TER, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS CHAPTER OR OTHER LAW
AS A SHAREHOLDER, PARTNER, MEMBER, OFFICER, DIRECTOR OR EMPLOYEE. SUCH
PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR LICENSING STATUS PURSUANT
TO THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY APPROVED BY THE
BOARD OF DIRECTORS OF THE FWHC.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UNDER
THE LICENSE GRANTED PURSUANT TO THIS SUBDIVISION, THE FWHC IS EXPRESSLY
AUTHORIZED TO:
(I) SELL NEW YORK STATE PRODUCED WINES, BEERS AND DISTILLED SPIRITS
FOR BOTH ON AND OFF PREMISES CONSUMPTION AS OTHERWISE PROVIDED IN THIS
SUBDIVISION;
(II) OFFER TASTINGS AT THE SITE OF SUCH PRODUCTS AND CHARGE THE GENER-
AL PUBLIC SUCH AMOUNTS AS IT DEEMS FIT FOR SUCH TASTINGS. FOR PURPOSES
OF THIS SUBDIVISION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING AREA
ON THE SITE; AND
(III) PROVIDE CONFERENCE CENTER, BANQUET AND ENTERTAINMENT FACILITIES
FOR THE GENERAL PUBLIC OR FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH
FEES AS ARE ESTABLISHED BY THE BOARD OF DIRECTORS OF THE FWHC FROM TIME
S. 5739 5
TO TIME, AND TO SELL AND SERVE AT SUCH EVENTS WINES, BEERS AND DISTILLED
SPIRITS.
(F) NO LICENSE SHALL BE DENIED PURSUANT TO THIS SUBDIVISION OR ANY
OTHER PROVISION OF THIS CHAPTER BECAUSE OF THE PROXIMITY OF THE SITE TO
A SCHOOL, CHURCH, SYNAGOGUE, OTHER HOUSE OF WORSHIP OR OTHER FACILITY AS
PROVIDED FOR IN THIS CHAPTER.
(G) FOR PURPOSES OF SUBDIVISION FOUR OF SECTION ONE HUNDRED OF THIS
ARTICLE, THERE SHALL BE ALLOWED NOT MORE THAN FIVE ADDITIONAL BARS,
COUNTERS OR SIMILAR CONTRIVANCES AT THE SITE WHERE WINES, BEERS AND
DISTILLED SPIRITS ARE OFFERED FOR SALE FOR CONSUMPTION ON THE LICENSED
PREMISES. THE AUTHORITY FOR GOOD CAUSE SHOWN TO IT AND UPON PAYMENT TO
IT OF A FEE AS PROVIDED FOR IN SUCH SUBDIVISION FOUR SHALL PERMIT THE
ADDITIONAL CONTRIVANCES, AND PERMISSION SHALL NOT BE UNREASONABLY WITH-
HELD. ALL OTHER PROVISIONS OF SUCH SUBDIVISION SHALL APPLY TO SUCH
LICENSED PREMISES.
(H) IN ADDITION TO THE ACTIVITIES AUTHORIZED TO A LICENSEE UNDER
SUBDIVISION TWO-C OF SECTION SIXTY-ONE OF THIS CHAPTER, THE LICENSE
ISSUED TO A LICENSEE PURSUANT TO THIS SUBDIVISION AS DIRECTED AND
REQUIRED TO BE ISSUED SHALL BE AUTHORIZED TO SELL SPIRITS PRODUCED AT
SUCH FARM DISTILLERY ON THE SITE, WHETHER LOCATED ON PARCEL A, PARCEL B
OR PARCEL C. ANY RESTRICTION IN LAW AS TO THE AMOUNT PERMITTED TO BE
SOLD OR CONSUMED, OR ANY OTHER MATTER SUBJECT TO THE JURISDICTION OF
THIS CHAPTER SHALL APPLY TO SUCH SALES AS IF THE SALE OCCURRED UPON THE
FACILITY PRODUCING THE SAME.
S 2. This act shall take effect immediately.