S T A T E   O F   N E W   Y O R K
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                                  7478

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2015
                               ___________

Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  directing the state liquor authority to issue a farm winery license to
  the  Concord  Grape  Belt  Heritage  Association  Inc. Grape Discovery
  Center

  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 8 to read as follows:
  8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SECTION SEVENTY-SIX-A
OF THIS CHAPTER TO THE CONCORD  GRAPE  BELT  HERITAGE  ASSOCIATION  INC.
GRAPE DISCOVERY CENTER ("CENTER") SITUATED AT THE PREMISES KNOWN AS: ALL
THAT  CERTAIN  PLOT,  PIECE  OR  PARCEL  OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATED, LYING AND BEING IN THE  TOWN  OF
WESTFIELD,  COUNTY  OF  CHAUTAUQUA  AND  STATE OF NEW YORK BEING PARCELS
209.00-2-13 AND 209.00-2-14 AND BEING  MORE  PARTICULARLY  DESCRIBED  AS
FOLLOWS:
                                PARCEL A
  ALL  THAT  TRACT  OR PARCEL OF LAND, SITUATE IN THE TOWN OF WESTFIELD,
COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK, BEING PART OF LOT 13, TOWN 4
AND RANGE 14 OF THE HOLLAND LAND COMPANY'S SURVEY  AND  FURTHER  BOUNDED
AND DESCRIBED AS FOLLOWS:
  BEGINNING  AT  A  SET  "MAG" NAIL ON THE SOUTH BOUNDS OF U.S. ROUTE 20
ALSO KNOW AS MAIN ROAD, ALSO KNOWN AS THE BUFFALO AND  ERIE  ROAD,  SAID
"MAG"  NAIL  BEING N 60 DEGREES 17' 18" E, 264.87 FEET AS MEASURED ALONG
THE SOUTH BOUNDS OF U.S. ROUTE 20, FROM THE NORTHWEST CORNER OF PREMISES
DESCRIBED IN DEED FROM DAVID S. NEILL TO SAM F. NIXON, DATED JANUARY 30,
1916, AND RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER  421
OF  DEEDS  AT  PAGE  165; THENCE N 60 DEGREES 17' 18" E, ALONG THE SOUTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10731-01-5
              

A. 7478                             2

BOUNDS OF U.S. ROUTE 20, A DISTANCE OF 195.88 FEET TO A SET  "MAG"  NAIL
IN  ASPHALT;  THENCE  N  64  DEGREES  0' 0" E, AND STILL ALONG THE SOUTH
BOUNDS OF U.S.  ROUTE 20, A DISTANCE 70 FEET TO  A  SET  "MAG"  NAIL  IN
ASPHALT; THENCE S 1 DEGREE 55' 0" W, 250 FEET TO AN EXISTING IRON PIN AT
THE  NORTHWEST  CORNER  OF  LANDS OF JOANNE W.  NIXON, AS DESCRIBED IN A
DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER  2182  OF
DEEDS  AT  PAGE 196; THENCE CONTINUING ALONG THE SAME COURSE, S 1 DEGREE
55' 0" W ALONG THE WEST LINE OF LANDS OF SAID NIXON,  78.8  FEET  TO  AN
EXISTING IRON STAKE AT THE NORTHEAST CORNER OF LANDS OF JOANNE W.  NIXON
AS  DESCRIBED IN A DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE
IN LIBER 2418 OF DEEDS AT PAGE 341; THENCE S 62 DEGREES 58' 7" W,  ALONG
THE  NORTH  LINE  OF  LANDS  OF SAID NIXON, 173.3 FEET TO A POINT AT THE
SOUTHEAST CORNER OF LANDS OF ED R.   BURNSIDE AS  DESCRIBED  IN  A  DEED
RECORDED  IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 2639 OF DEEDS
AT PAGE 336; THENCE N 13 DEGREES 36' 25" W, ALONG THE EAST LINE OF LANDS
OF SAID BURNSIDE, 287.68 FEET TO THE POINT OR PLACE OF BEGINNING.
                                PARCEL B
  ALSO ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE  TOWN  OF  WEST-
FIELD, COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK, BEING PART OF LOT NO.
13,  TOWNSHIP  4  AND  RANGE 14 OF THE HOLLAND LAND COMPANY'S SURVEY AND
FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
  COMMENCING AT THE NORTHWEST CORNER OF PREMISES DESCRIBED IN DEED  FROM
DAVID  S. NEILL TO SAM F. NIXON, DATED JANUARY 30, 1916, AND RECORDED IN
THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 421 OF DEEDS AT PAGE  165;
THENCE N 60 DEGREES 17' 18" E. ALONG THE SOUTH BOUNDS OF U.S.  ROUTE 20,
ALSO KNOWN AS MAIN ROAD, ALSO KNOWN AS THE BUFFALO AND ERIE ROAD, 460.76
FEET  TO  A  SET "MAG" NAIL IN ASPHALT; THENCE N 64 DEGREES 0' 0" E, AND
STILL ALONG THE SOUTH BOUNDS OF U.S.  ROUTE 20, A DISTANCE OF 70 FEET TO
A SET "MAG" NAIL IN ASPHALT AT THE POINT  OF  BEGINNING  OF  THE  PARCEL
HEREINAFTER  DESCRIBED;  THENCE  N  64  DEGREES 0' 0" E, ALONG THE SOUTH
BOUNDS OF U.S. ROUTE 20, A DISTANCE OF 200 FEET TO A SET "MAG"  NAIL  IN
ASPHALT AT THE NORTHWEST CORNER OF LANDS OF JOANNE W. NIXON AS DESCRIBED
IN A DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 2182
OF DEEDS AT PAGE 196; THENCE S 1 DEGREE 55' 0" W, ALONG THE WEST LINE OF
LANDS  OF  SAID NIXON, 250 FEET TO A POINT; THENCE S 64 DEGREES 0' 0" W,
ALONG THE NORTH LINE OF LANDS OF SAID NIXON 200 FEET TO AN EXISTING IRON
PIN IN THE NORTHWEST CORNER OF LANDS OF SAID NIXON; THENCE  N  1  DEGREE
55' 0" E, 250 FEET TO THE POINT OR PLACE OF BEGINNING.
  SUBJECT  TO  ALL  EASEMENTS, RIGHTS-OF-WAY, AND LEASES OF RECORD WHICH
MAY VALIDLY AFFECT SAID PREMISES.
  (B) THE CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE  WINE  AS  A
CONDITION OF SUCH LICENSE.
  (C)  NO  PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFI-
CER, OR EMPLOYEE OF, OR PURVEYOR TO, THE CENTER BY REASON OF SUCH PERSON
HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A  LICEN-
SEE  UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR
EMPLOYEE.
  (D) NO PERSON SHALL BE DISQUALIFIED FROM BEING A LENDER OR  LESSOR  TO
THE CENTER, OR A DONOR, PATRON, CONTRIBUTOR OR SPONSOR FROM TIME TO TIME
OF  THE CENTER THROUGH CONTRIBUTIONS IN CASH OR IN KIND, ON TERMS AGREED
WITH THE BOARD OF DIRECTORS OF THE CENTER,  BY  REASON  OF  SUCH  PERSON
HOLDING  A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A LICEN-
SEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR,  OR
EMPLOYEE.  SUCH PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR LICENSING
STATUS UNDER THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY APPROVED

A. 7478                             3

BY THE BOARD OF DIRECTORS OF THE CENTER AND OFFERED TO DONORS OF SIMILAR
AMOUNTS.
  (E)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
CENTER IS EXPRESSLY AUTHORIZED TO:
  (I) SELL NEW YORK STATE PRODUCED WINES, BEERS  AND  DISTILLED  SPIRITS
FOR BOTH ON AND OFF PREMISE CONSUMPTION;
  (II)  OFFER  TASTINGS  ON THE PREMISES OF SUCH PRODUCTS AND CHARGE THE
GENERAL PUBLIC SUCH AMOUNTS AS IT  DEEMS  FIT  FOR  SUCH  TASTINGS.  FOR
PURPOSES  OF THIS SECTION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING
AREA ON THE PREMISES; AND
  (III) PROVIDE BANQUET AND ENTERTAINMENT  FACILITIES  FOR  THE  GENERAL
PUBLIC  FOR  PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB-
LISHED BY THE BOARD OF DIRECTORS OF THE CENTER FROM TIME TO TIME, AND TO
SELL AND SERVE AT SUCH EVENTS WINES, MALT BEVERAGES AND DISTILLED  SPIR-
ITS SELECTED BY PERSONS HIRING THE FACILITIES.
  S 2. This act shall take effect immediately.