S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10455
 
                           I N  A S S E M B L Y
 
                               May 25, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Barrett) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing  the manufacture of beer, spirits, cider, wine and mead at
   the Culinary Institute of America; and to repeal certain provisions of
   such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 1 of section 101 of the alco-
 holic beverage control law is amended by adding a new subparagraph (xiv)
 to read as follows:
   (XIV) ANY SUCH PREMISES OR BUSINESS CONSTITUTING AN ALCOHOLIC BEVERAGE
 MANUFACTURER  OR WHOLESALER IN THE TOWN OF HYDE PARK, COUNTY OF DUTCHESS
 OWNED AND OPERATED BY THE CULINARY INSTITUTE OF AMERICA, A  NOT-FOR-PRO-
 FIT  501(C)(3)  HIGHER  EDUCATION  INSTITUTION CHARTERED BY THE NEW YORK
 STATE BOARD OF REGENTS LOCATED AT:
 
                                SCHEDULE A
 
   ALL THAT CERTAIN TRACT, LOT AND PARCEL OF LAND LYING AND BEING IN  THE
 TOWN  OF HYDE PARK, COUNTY OF DUTCHESS AND STATE OF NEW YORK, BEING MORE
 PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT ON THE EASTERLY SIDE OF  ALBANY  POST  ROAD  (NYS
 ROUTE  9),  SAID  POINT  BEING  THE  SOUTHWESTERLY  CORNER OF THE HEREIN
 DESCRIBED PREMISES AND THE NORTHWESTERLY CORNER OF LANDS NOW OR FORMERLY
 OF TRAVER; RUNNING THENCE ALONG THE SAID EASTERLY SIDE  OF  ALBANY  POST
 ROAD  THE  FOLLOWING  FOUR  (4) COURSES AND DISTANCES: NORTH 03° 15' 30"
 EAST 68.91 FEET, NORTH 09° 35' 20" EAST 31.09 FEET, NORTH  06°  53'  00"
 EAST  148.62  FEET,  AND NORTH 12° 25' 00" EAST 62.03 FEET TO THE CORNER
 FORMED BY THE INTERSECTION OF THE SAID EASTERLY SIDE OF ALBANY POST ROAD
 AND THE SOUTHERLY SIDE OF WEST DORSEY LANE;  RUNNING  THENCE  ALONG  THE
 SAID  SOUTHERLY  SIDE  OF  WEST DORSEY LANE NORTH 38° 26' 00" EAST 25.02
 FEET, NORTH 63° 13' 00" EAST 37.83 FEET, AND  NORTH  67°  25'  00"  EAST
 121.38  FEET  TO  THE  NORTHWEST  CORNER  OF  LANDS  NOW  OR FORMERLY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15791-03-2
 A. 10455                            2
 
 FIRNEISS; RUNNING THENCE ALONG THE WESTERLY AND SOUTHERLY LINE OF  LANDS
 NOW  OR  FORMERLY  OF  FIRNEISS,  SOUTH 03° 16' 59" EAST 179.57 FEET AND
 SOUTH 79° 13' 59" EAST 121.73 FEET TO LANDS NOW OR FORMERLY OF  MAIDMAN;
 RUNNING THENCE ALONG THE WESTERLY LINE OF LANDS NOW OR FORMERLY OF MAID-
 MAN  SOUTH  28°  34' 00" WEST 105.08 FEET, SOUTH 32° 18' 00", EAST 12.15
 FEET, AND SOUTH 35° 55' 00" WEST 193.04 FEET TO LANDS NOW OR FORMERLY OF
 TRAVER; RUNNING THENCE ALONG LANDS NOW OR FORMERLY OF TRAVER  NORTH  68°
 00'  00" WEST 188.12 FEET TO THE SAID EASTERLY SIDE OF ALBANY POST ROAD,
 THE POINT OR PLACE OF BEGINNING.
   EXCEPTING AND RESERVING THEREFROM:
   ALL THAT PIECE OR PARCEL OF PROPERTY HEREINAFTER DESIGNATED AS  PARCEL
 NO.  72,  BEING A PORTION OF SECTION 6063-02, PARCEL 987506, AS SHOWN ON
 THE OFFICIAL TAX MAP, SITUATE IN THE TOWN OF HYDE PARK, COUNTY OF DUTCH-
 ESS, STATE OF NEW YORK AS SHOWN ON THE ACCOMPANYING MAP AND DESCRIBED AS
 FOLLOWS:
   PARCEL NO. 72
   BEGINNING AT A POINT ON THE SOUTHEASTERLY  BOUNDARY  OF  THE  EXISTING
 WEST DORSEY LANE AT THE INTERSECTION OF THE SAID BOUNDARY WITH THE DIVI-
 SION  LINE  BETWEEN  THE PROPERTY OF HERBERT REDL (REPUTED OWNER) ON THE
 WEST AND THE  PROPERTY  OF  MICHAEL  FIRNEISS  AND  MARGARETHA  FIRNEISS
 (REPUTED  OWNER) ON THE EAST, SAID POINT BEING 160+ FEET DISTANT EASTER-
 LY, MEASURED AT RIGHT ANGLES, FROM STATION H2654-74+ OF THE  HEREINAFTER
 DESCRIBED  SURVEY  BASELINE  FOR THE RECONSTRUCTION OF THE POUGHKEEPSIE-
 HYDE PARK STATE HIGHWAY NO. 453; THENCE SOUTHERLY  ALONG  SAID  DIVISION
 LINE  59+  FEET TO A POINT 168+ FEET DISTANT EASTERLY, MEASURED AT RIGHT
 ANGLES, FROM STATION H265+16+ OF SAID BASELINE; THENCE THROUGH THE PROP-
 ERTY OF HERBERT REDL (REPUTED OWNER) THE FOLLOWING TWO (2)  COURSES  AND
 DISTANCES:  (1)  SOUTH  74° 03'-27" WEST 68+ FEET TO A POINT 101.00 FEET
 DISTANT EASTERLY, MEASURED AT RIGHT ANGLES, FROM STATION  H265+08.00  OF
 SAID  BASELINE;  AND  (2) NORTH 30° 39' 40" WEST, 32+ FEET TO A POINT ON
 THE SOUTHERLY BOUNDARY OF SAID  EXISTING  WEST  DORSEY  LANE,  THE  LAST
 MENTIONED  POINT  BEING  86±  FEET  DISTANT  EASTERLY, MEASURED AT RIGHT
 ANGLES, FROM STATION H265+37+ OF  SAID  BASELINE;  THENCE  NORTHEASTERLY
 ALONG THE LAST MENTIONED BOUNDARY OF SAID EXISTING WEST DORSEY LANE, 83+
 FEET  TO  THE  POINT OF BEGINNING; BEING 3,327 SQUARE FEET OR 0.076 ACRE
 MORE OR LESS.
   THE ABOVE MENTIONED SURVEY BASELINE IS A PORTION OF  THE  1988  SURVEY
 BASELINE  FOR  THE  RECONSTRUCTION  OF THE POUGHKEEPSIE-HYDE PARK, STATE
 HIGHWAY NO. 453 AS SHOWN ON A MAP AND PLAN ON FILE IN THE OFFICE OF  THE
 STATE DEPARTMENT OF TRANSPORTATION AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  STATION  H258+36.14; THENCE NORTH 09° 19'45" WEST TO
 STATION H267+62.73.
   ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74' - 20' MERIDIAN OF  WEST
 LONGITUDE.
   SUBJECT  TO  UTILITY  COMPANY AGREEMENTS, EASEMENTS, COVENANTS, CONDI-
 TIONS AND RESTRICTIONS OF RECORD.
   SUBJECT TO THE FOLLOWING RESTRICTIONS, TO RUN WITH THE LAND IN  PERPE-
 TUITY  AND  BE ENFORCEABLE AT LAW OR IN EQUITY BY THE PARTY OF THE FIRST
 PART, ITS SUCCESSORS AND ASSIGNS:
   (I) THE PREMISES MAY NOT BE USED, IN WHOLE OR IN PART, FOR ANY FORM OF
 LIVE ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, BANDS OR DJ'S, AT  ANY
 TIME;  PROVIDED  HOWEVER, THIS RESTRICTION SHALL AUTOMATICALLY TERMINATE
 FIVE (5) YEARS FROM THE DATE OF THIS DEED; AND
   (II) IF THE PREMISES ARE USED TO SERVE ANY FORM OF ALCOHOLIC BEVERAGE,
 THE PREMISES MUST BE CLOSED FOR BUSINESS NO  LATER  THAN  11:59  O'CLOCK
 A. 10455                            3
 
 P.M.  EVERY DAY; PROVIDED, HOWEVER, THIS RESTRICTION SHALL AUTOMATICALLY
 TERMINATE FIVE (5) YEARS FROM THE DATE OF THIS DEED.
   THE  PARTY  OF THE SECOND PART WAIVES AND RELEASES ANY CLAIM THAT SAID
 RESTRICTIONS ARE UNENFORCEABLE FOR ANY REASON, INCLUDING THE  ALLEGATION
 THAT  SUCH  RESTRICTIONS  CONSTITUTE A RESTRAINT UPON ALIENATION, ARE AN
 UNREASONABLE RESTRICTION OR RESTRAINT ON BUSINESS OR  ECONOMIC  DEVELOP-
 MENT,  ARE A VIOLATION OF ANY LAW, REGULATION OR RIGHT, OR THAT THEY ARE
 NOT FOR THE BENEFIT OF ADJOINING LANDS, OR ARE  NOT  PART  OF  A  COMMON
 SCHEME  OR PLAN, IT BEING CLEARLY UNDERSTOOD AND EXPRESSLY AGREED BY THE
 PARTIES THAT THESE RESTRICTIONS ARE FOR THE BENEFIT OF THE PARTY OF  THE
 FIRST  PART'S  OTHER  BUSINESSES  AND PROPERTIES, FOR THE TERM SET FORTH
 ABOVE BOTH NOW AND HEREAFTER, AND THAT THE  LACK  OF  SUCH  RESTRICTIONS
 WILL  DAMAGE  AND  HARM THE GRANTOR, ITS SUCCESSORS AND ASSIGNS. WITHOUT
 ALL OF THESE RESTRICTIONS, THE PARTY OF THE FIRST PART  WOULD  NOT  SELL
 THE  PREMISES  TO  THE  PARTY  OF  THE SECOND PART. IN ANY PROCEEDING TO
 ENFORCE SAID RESTRICTIONS OR PREVENT THE VIOLATION THEREOF, THE PARTY OF
 THE FIRST PART SHALL BE ENTITLED TO JUDGMENT FOR ITS COSTS  AND  REASON-
 ABLE ATTORNEY'S FEES.
   THE   PARTIES   EXECUTE   THIS   DEED  TO  ACKNOWLEDGE  THE  PRECEDING
 RESTRICTIONS.
   THE PREMISES ARE NOT IN AN  AGRICULTURAL  DISTRICT  AND  ARE  ENTIRELY
 OWNED BY THE TRANSFEROR.
   THIS  CONVEYANCE WAS UNANIMOUSLY APPROVED BY THE BOARD OF DIRECTORS OF
 THE GRANTOR CORPORATION AND ALL OF ITS SHAREHOLDERS. THIS  STATEMENT  IS
 MADE PURSUANT TO SECTION 909 OF THE BUSINESS CORPORATION LAW.
 
                                SCHEDULE B
 
   ALL  THAT  PLOT, PIECE OR PARCEL OF LAND SITUATE AND BEING IN THE TOWN
 OF HYDE PARK, COUNTY OF DUTCHESS AND STATE  OF  NEW  YORK,  BOUNDED  AND
 DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT  ON  THE WESTERLY BOUNDARY OF US ROUTE 9, (AKA
 ALBANY POST ROAD), SAID POINT BEING  THE  SOUTHEASTERLY  CORNER  OF  THE
 HEREIN DESCRIBED PARCEL AND SAID POINT BEING THE NORTHEASTERLY CORNER OF
 THE  LANDS  NOW OR FORMERLY OF ST ANDREWS CHAPEL; THENCE ALONG THE DIVI-
 SION LINE BETWEEN THE HEREIN DESCRIBED PARCEL  AND  SAID  LANDS  NOW  OR
 FORMERLY  OF  ST ANDREWS CHAPEL; N 75°47'50" W 14.13 FEET, N 88°00'00" W
 19.26 FEET, S 89°03'40" W 71.81  FEET,  N  85°27'10"  W  26.53  FEET,  N
 78°46'10"  W  19.94  FEET, N 67°29'50" W 16.69 FEET, N 59°35'20" W 19.23
 FEET, N 38°17'40" W 23.84 FEET, N 24°05'30" W 19.00 FEET, N 09°55'10"  W
 37.76  FEET,  N  14°28'00"  W  46.56  FEET,  N 27°34'30" W 37.18 FEET, N
 41°31'30" W 33.65 FEET, N 49°50'10" W 23.03 FEET, N  53°39'00"  W  32.91
 FEET,  S  14°48'10"  W 3.06 FEET, S 44°29'40" W 7.00 FEET, S 44°31'13" W
 59.42 FEET, S  49°07'20"  18.46  FEET,  S  71°48'50"  W  21.08  FEET,  N
 79°41'00"  W  22.25  FEET  AND 12°45'40" W 164.91 FEET TO A POINT ON THE
 NORTHERLY BOUNDARY OF MARILYN C. HOE AS DESCRIBED IN LIBER 1859 OF DEEDS
 AT PAGE 118; THENCE ALONG THE DIVISION LINE BETWEEN THE HEREIN DESCRIBED
 PARCEL AND SAID LANDS NOW OR FORMERLY OF HOE, N 77°14'20" W 144.93 FEET,
 N 78°11'10" W 166.93 FEET, N 77°46'10" W  113.88  FEET,  N  75°19'10°  W
 99.31  FEET  AND  N  76°27'50"  W 255.82 FEET TO A POINT ON THE EASTERLY
 BOUNDS OF THE LANDS NOW OR FORMERLY OF NEW YORK  CENTRAL  LINES  LLC  AS
 DESCRIBED  IN  DEED  DOCUMENT  # 02-1999-5513; THENCE ALONG THE DIVISION
 LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND SAID LANDS NOW OR  FORMERLY
 OF  NEW YORK CENTRAL LINES LLC, N 07°10'10" E 386.40 FEET, S 81°18'10" E
 12.00 FEET, N 08°41'50" E 600.00 FEET, N 12°59'10" E 200.56 FEET  AND  N
 08°41'50" E 151.13 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE
 A. 10455                            4
 
 TO THE RIGHT HAVING A RADIUS OF 3010.00 FEET; THENCE NORTHEASTERLY ALONG
 SAID  CURVE  AN  ARC  LENGTH  OF  240.05  FEET, HAVING A CHORD BEARING N
 10°57'40" E 239.98 FEET TO A POINT; THENCE N 76°46'30" W 10.00  FEET,  N
 13°13'30"  E  499.68  FEET AND N 02°20'30" E 132.97 FEET TO THE POINT OF
 CURVATURE OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF  4077.00
 FEET;  THENCE  NORTHEASTERLY  ALONG  SAID  CURVE AN ARC LENGTH OF 249.92
 FEET, HAVING A CHORD BEARING N 11°02'44"  E  249.88  FEET  TO  A  POINT;
 THENCE N 25°43'50" E 134.21 FEET, N 07°55'30" E 257.99 FEET, N 07°21'10"
 W  285.52  FEET,  N 02°27'50" E 482.00 FEET, N 47°10'10" W 26.25 FEET, N
 02°27'50" E 466.37 FEET AND N 87°32'10" W 20.00 FEET  TO  THE  POINT  OF
 CURVATURE  OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 3165.00
 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE  AN  ARC  LENGTH  OF  293.54
 FEET,  HAVING  A  CHORD  BEARING  N  00°11'31" W 293.43 FEET TO A POINT;
 THENCE N 01°22'30" E 110.01 FEET TO THE POINT OF CURVATURE OF A NON-TAN-
 GENT CURVE TO THE LEFT HAVING A RADIUS OF 3175.00 FEET; THENCE NORTHWES-
 TERLY ALONG SAID CURVE AN ARC LENGTH OF  141.96  FEET,  HAVING  A  CHORD
 BEARING  N 06°06'27" W 141.95 FEET TO A POINT; THENCE ALONG THE DIVISION
 LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LANDS NOW  OR  FORMERLY
 OF  THE UNITED STATES OF AMERICA AS DESCRIBED IN DEED DOCUMENT 402-2002-
 4850 AND DESIGNATED AS LOT 1 AS SHOWN ON FILED MAP #10481, S 36°25'00" E
 87.53 FEET, S 57°59'40" E 52.51 FEET,  S  77°19'10"  E  166.22  FEET,  S
 77°55'50" E 100.43 FEET, S 77°40'40" E 107.11 FEET, N 35°39'40" E 233.03
 FEET,  N 36°54'30" E 105.52 FEET, N 69°23'50" E 179.67 FEET, N 35°19'50"
 E 60.26 FEET, N 60°24'40" E 155.25 FEET, N 08°43'28" E  923.94  FEET,  S
 77°31'22"  E  34.05  FEET,  N  28°59'38" E 583.86 FEET AND S 77°26'02" E
 436.02 FEET TO A POINT; THENCE ALONG THE DIVISION LINE BETWEEN THE HERE-
 IN DESCRIBED PARCEL AND THE LANDS NOW OR FORMERLY OF GARDNER  AND  DONNA
 VAN  VALKENBURG  AS  DESCRIBED  IN DEED DOCUMENT #02-2001-10201 AND ALSO
 ALONG THE LANDS NOW OR FORMERLY OF EDWIN D. BECK AS DESCRIBED  IN  LIBER
 1697 OF DEEDS AT PAGE 301, S 14°34'48" W 95.96 FEET, N 75°25'12" W 10.00
 FEET, S 14°34'48" W 125.00 FEET, S 75°25'12" E 10.00 FEET, S 14°34'48" W
 325.00  FEET  AND  S  75°25'12" E 203.05 FEET TO A POINT ON THE WESTERLY
 BOUNDS OF U.S. ROUTE 9; THENCE ALONG THE WESTERLY BOUNDS OF  U.S.  ROUTE
 9,  S  14°12'43"  W  366.41 FEET, N 75°47'17" W 3.21 FEET, S 16°51'36" W
 357.10 FEET, S 16°51'37" W 264.56 FEET, S 17°21'41"  W  200.79  FEET,  S
 06°47'36" W 236.91 FEET, S 03°54'03" E 113.84 FEET, S 11°33'18" W 168.19
 FEET,  S 11°33'18" W 144.66 FEET, S 24°42'50" W 210.43 FEET, S 14°35'17"
 W 42.95 FEET, S 15°01'19" W 27.66 FEET, S 11°16'33" E.  114.76  FEET,  S
 11°22'40" W 1485.99 FEET, S 02°37'22" W 92.32 FEET, S 07°24'10" W 114.00
 FEET,  S 11°34'59" W 200.60 FEET, S 06°37'42" W 438.02 FEET, S 09°11'00"
 W 460.65 FEET, S 13°21'53" W 180.57 FEET, S 18°59'07" W  45.72  FEET,  S
 21°30'45"  W 19.23 FEET, S 10°46'21" W 148.66 FEET, S 16°10'46" W 157.35
 FEET, S 09°41'50" W 135.29 FEET, AND S 16°37'07" W 229.64  FEET  TO  THE
 POINT OR PLACE OF BEGINNING.
   CONTAINING 171.33 ACRES OF LAND MORE OR LESS.
   EXCEPTING AND RESERVING ALL THAT PLOT, PIECE OR PARCEL OF LAND SITUATE
 AND  BEING IN THE TOWN OF HYDE PARK, COUNTY OF DUTCHESS AND STATE OF NEW
 YORK, KNOWN AS ST. ANDREWS CEMETERY, BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT THE SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED  PARCEL,
 SAID POINT BEING LOCATED N 12°20'30" E 32.21 FEET FROM THE SOUTHWESTERLY
 CORNER OF THE LANDS OF THE CULINARY INSTITUTE OF AMERICA AS DESCRIBED IN
 LIBER  1666 OF DEEDS AT PAGE 607, THENCE ALONG THE DIVISION LINE BETWEEN
 THE HEREIN DESCRIBED PARCEL AND SAID LANDS OF THE CULINARY INSTITUTE  OF
 AMERICA,  N  77°39'30"  W  331.51  FEET,  N  12°20'30"  E 373.20 FEET, S
 77°39'30" E 331.51 FEET AND S 12°20'30" W 373.20 FEET TO  THE  POINT  OR
 PLACE OF BEGINNING.
 A. 10455                            5
 
   CONTAINING 2.84 ACRES OF LAND MORE OR LESS.
   §  2.  Subdivision  1 of section 101 of the alcoholic beverage control
 law is amended by adding a new paragraph (f) to read as follows:
   (F) THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN PARAGRAPHS (B), (C)
 AND (D) OF THIS SUBDIVISION SHALL NOT APPLY TO ANY CONTRACTUAL OR  OTHER
 FINANCIAL  ARRANGEMENTS  UNDERTAKEN BY THE CULINARY INSTITUTE OF AMERICA
 FOR THE EDUCATION PURPOSES OF SUCH INSTITUTE, INCLUDING STUDENT SCHOLAR-
 SHIPS, ACADEMIC BUILDING SPONSORSHIPS, AND CULINARY INSTITUTE OF AMERICA
 EVENT SPONSORSHIPS THAT FURTHER THE ACADEMIC  MISSION  OF  THE  CULINARY
 INSTITUTE OF AMERICA, WHERE SUCH CONTRACTUAL OR OTHER FINANCIAL ARRANGE-
 MENTS  ARE  BETWEEN A LICENSED MANUFACTURER, WHOLESALER, OR RETAILER FOR
 ON-PREMISES CONSUMPTION, AND THE CULINARY INSTITUTE OF AMERICA,  OPERAT-
 ING  WITHIN  THE  METES  AND BOUNDS ESTABLISHED BY SUBPARAGRAPH (XIV) OF
 PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. Subdivision 7 of section 101 of the  alcoholic  beverage  control
 law is REPEALED.
   § 4. This act shall take effect immediately.