S T A T E O F N E W Y O R K
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6336
2019-2020 Regular Sessions
I N S E N A T E
June 5, 2019
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to
exempting certain land from the provisions of law which generally
restrict manufacturers, wholesalers and retailers from sharing an
interest in a liquor license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xii) of paragraph (a) of subdivision 1 of
section 101 of the alcoholic beverage control law, as added by chapter
453 of the laws of 2018, is amended and a new subparagraph (xiii) is
added to read as follows:
(xii) ALSO 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 Gold-
berg 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 east-
erly shore of the Hudson River 216 feet more or less to the most south-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13198-01-9
S. 6336 2
westerly 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 east-
erly 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 1690 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).
The provisions of this paragraph shall not apply to any premises
licensed under section sixty-four of this chapter in which a manufactur-
er or wholesaler holds a direct or indirect interest, provided that: (I)
said premises consist of an interactive entertainment facility which
predominantly offers interactive computer and video entertainment
attractions, and other games and also offers themed merchandise and food
and beverages, (II) the sale of alcoholic beverages within the premises
shall be restricted to an area consisting of not more than twenty-five
percent of the total interior floor area of the premises, (III) the
retail licenses shall derive not less than sixty-five percent of the
total revenue generated by the facility from interactive video enter-
tainment activities and other games, including related attractions and
sales of merchandise other than food and alcoholic beverages, (IV) the
interested manufacturer or wholesaler, or its parent company, shall be
listed on a national securities exchange and its direct or indirect
equity interest in the retail licensee shall not exceed twenty-five
percent, (V) no more than fifteen percent of said licensee's purchases
of alcoholic beverages for sale in the premises shall be products
produced or distributed by the manufacturer or wholesaler, (VI) neither
the name of the manufacturer or wholesaler nor the name of any brand of
alcoholic beverage produced or distributed by said manufacturer or
wholesaler shall be part of the name of the premises, (VII) the name of
the manufacturer or wholesaler or the name of products sold or distrib-
uted by such manufacturer or wholesaler shall not be identified on
signage affixed to either the interior or the exterior of the premises
in any fashion, (VIII) promotions involving alcoholic beverages produced
or distributed by the manufacturer or wholesaler are not held in such
premises and further, retail and consumer advertising specialties bear-
ing the name of the manufacturer or wholesaler or the name of alcoholic
beverages produced or distributed by the manufacturer or wholesaler are
not utilized in any fashion, given away or sold in said premises, and
(IX) except to the extent provided in this paragraph, the licensing of
each premises covered by this exception is subject to all provisions of
section sixty-four of this chapter, including but not limited to liquor
authority approval of the specific location thereof. The provisions of
this paragraph shall not prohibit (1) a manufacturer or wholesaler, if
an individual, or a partner, of a partnership, or, if a corporation, an
officer or director thereof, from being an officer or director of a duly
S. 6336 3
licensed charitable organization which is the holder of a license for
on-premises consumption under this chapter, nor (2) a manufacturer from
acquiring any such premises if the liquor authority first consents ther-
eto after determining, upon such proofs as it shall deem sufficient,
that such premises is contiguous to the licensed premises of such
manufacturer, and is reasonably necessary for the expansion of the
facilities of such manufacturer. After any such acquisition, it shall be
illegal for a manufacturer acquiring any such premises to sell or deliv-
er alcoholic beverages manufactured by him to any licensee occupying
such premises[.]; OR
(XIII) ANY SUCH PREMISES OR BUSINESS LOCATED IN THE TOWN OF CARMEL,
COUNTY OF PUTNAM, STATE OF NEW YORK, AND BEING MORE PARTICULARLY BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY SIDE OF U.S. ROUTE 6 WHERE THE
SAME IS INTERSECTED BY LOT NO. 1 AS SHOWN ON "MINOR SUBDIVISION PLAT
PREPARED FOR HINCKLEY HOLDINGS LLC BETWEEN TAX LOTS 55.10-1-1, 55.10-1-3
& 55.6-1-53," FILED IN THE PUTNAM COUNTY CLERKS' OFFICE ON JULY 18, 2018
AS FILED MAP NO. 3196 AND LANDS NOW OR FORMERLY OF THE PUTNAM COUNTY
BIKE PATH; THENCE FROM SAID POINT OF BEGINNING ALONG THE WESTERLY SIDE
OF U.S. ROUTE 6, S 14° 39' 25" E 16.79' TO THE INTERSECTION OF LOT NOS.
1 & 3 AS SHOWN ON THE AFOREMENTIONED FILED MAP NO. 3196; THENCE ALONG
THE DIVIDING LINE BETWEEN LOT NOS. 1 & 3 AS SHOWN ON THE AFOREMENTIONED
FILED MAP NO. 3196, S 75° 20' 35" W 6.53' TO A POINT ON A CURVE TO THE
RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 150.00', A
LENGTH OF 49.19' AND A CENTRAL ANGLE OF 18° 47' 25" TO A POINT; THENCE N
85° 52' 00" W 743.76', S 2° 05' 46" W 866.14' AND N 88° 19' 25" W
258.90' TO A POINT AT THE INTERSECTION OF LOT NOS. 1, 2, & 3 AS SHOWN ON
THE AFOREMENTIONED FILED MAP NO. 3196; THENCE ALONG THE DIVIDING LINE
BETWEEN LOT NOS. 1 & 2 AS SHOWN ON THE AFOREMENTIONED FILED MAP NO.
3196, N 28° 38' 52" W 218.96' AND N 77° 16' 24" W 239.77' TO A POINT ON
A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIAL
BEARING OF S 84° 14' 21" E, A RADIUS OF 150.00', A LENGTH OF 14.91' AND
A CENTRAL ANGLE OF 5° 41' 49" TO A POINT; THENCE N 11° 27' 28" E 300.64'
TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT
WITH A RADIUS OF 70.00', A LENGTH OF 121.16' AND A CENTRAL ANGLE OF 99°
10' 18" TO A POINT; THENCE N 87° 42' 50" W 58.65' TO A POINT ON THE
EASTERLY SIDE OF SEMINARY HILL ROAD; THENCE ALONG THE EASTERLY SIDE OF
SEMINARY HILL ROAD, N 24° 43' 45" E 16.72', N 22° 06' 20" E 413.76', N
31° 12' 50" E 6.29', N 43° 03' 10" E 4.16' AND N 42° 32' 19" E 6.72' TO
A POINT AT THE INTERSECTION OF LOT NO. 1 AS SHOWN ON THE AFOREMENTIONED
FILED MAP NO. 3196 AND LANDS NOW OR FORMERLY OF THE PUTNAM COUNTY BIKEP-
ATH; THENCE ALONG THE DIVIDING LINE BETWEEN LOT NO. 1 AS SHOWN ON THE
AFOREMENTIONED FILED MAP NO. 3196 AND LANDS NOW OR FORMERLY OF THE
PUTNAM COUNTY BIKEPATH, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05',
S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85',
S 74° 05' 17" E 393.67' AND S 85° 52' 00" E 617.85' TO THE POINT AND
PLACE OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 13.003 ACRES OF LAND
MORE OR LESS.
§ 2. This act shall take effect immediately.
