S T A T E O F N E W Y O R K
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8643--B
I N A S S E M B L Y
January 10, 2022
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Introduced by M. of A. THIELE -- read once and referred to the Committee
on Economic Development -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages on licensees who sell at retail for on-premises consumption;
and providing for the repeal of certain provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xiii) of paragraph (a) of subdivision 1 of
section 101 of the alcoholic beverage control law, as added by chapter
429 of the laws of 2019, is amended and a new subparagraph (xiv) is
added to read as follows:
(xiii) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and
being in the Village of South Glens Falls, County of Saratoga and State
of New York, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the herein described
parcel. Also being the southeast corner of Lands of Village of South
Glens Falls (L. 1448 P. 709) and being on the north boundary of West
Marion Street, thence from said point of beginning: n 21-21'-57" E
150.72 feet along lands of the Village of South Glens Falls to a point
on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04
feet along lands of Village of South Glens Falls and Mounir Rahal to a
point at the southeast corner of Rahal and on the west boundary of U.S.
Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the
intersection of the west boundary of Rte. 9 and the north boundary of
West Marion Street, thence North 67-32'-32" West 189.29 feet along West
Marion Street to the point and place of beginning. Said parcel contain-
ing 0.507 plus or minus acres[.]; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13562-04-2
A. 8643--B 2
(XIV) ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING
AND BEING A PART OF A CONDOMINIUM IN THE TOWN OF EAST HAMPTON, COUNTY OF
SUFFOLK AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS UNIT NO. 109,
TOGETHER WITH A 6.167% UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF THE
CONDOMINIUM HEREINAFTER DESCRIBED AS THE SAME IS DEFINED IN THE DECLARA-
TION OF CONDOMINIUM HEREIN AFTER REFERRED TO.
THE CONDOMINIUM UNIT (HEREINAFTER REFERRED TO AS THE UNIT) KNOWN AS A
UNIT, SAID UNIT BEING DESIGNATED IN THE TOWN OF EAST HAMPTON, ON "MAP OF
EAST HAMPTON OFFICE PARK CONDOMINIUM" FILED 2/6/91 AS MAP NO. 237, AND
DESCRIBED AS UNIT NO 109 IN A CERTAIN DECLARATION DATED 1/22/91, MADE BY
PANTIGO OFFICE ASSOCIATES, INC. PURSUANT TO ARTICLE 9-B OF THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK, ESTABLISHING A PLAN FOR CONDOMIN-
IUM OWNERSHIP OF THE BUILDING AND LAND UPON WHICH THE BUILDING IS SITU-
ATE, DESCRIBED BELOW, WHICH DECLARATION WAS RECORDED IN THE SUFFOLK
COUNTY CLERK'S OFFICE ON 2/6/91 IN LIBER 11215 CP 01, AS MAY BE AMENDED.
NOTWITHSTANDING SECTION ONE HUNDRED SEVEN-A OF THIS ARTICLE, THE RETAIL
LICENSEE AND BRAND OWNER LOCATED AT THE PREMISES DESCRIBED IN SUBPARA-
GRAPH (XVIII) OF PARAGRAPH (A) OF SUBDIVISION THIRTEEN OF SECTION ONE
HUNDRED SIX OF THIS ARTICLE MAY DESIGNATE THE IMPORTER LICENSEE LOCATED
AT THE PREMISES DESCRIBED IN THIS SUBPARAGRAPH AS OWNER OF SUCH BRANDS
FOR PURPOSES OF BRAND LABEL REGISTRATION AND PRICE SCHEDULING UNDER THIS
CHAPTER.
§ 2. Subparagraph (xvii) of paragraph (a) of subdivision 13 of section
106 of the alcoholic beverage control law, as added by chapter 299 of
the laws of 2021, is amended and a new subparagraph (xviii) is added to
read as follows:
(xvii) Parcel A
All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:
Beginning at a point formed by the intersection of the northerly side
of Wall Street and the easterly side of Pearl Street; running thence
northerly along the easterly side of Pearl Street, 76 feet 1 inch;
thence easterly on a line forming an angle on its northerly side with
the easterly side of Pearl Street of 85° 33' 30", a distance of 43 feet
1 inch; thence southerly on a line which forms an angle on its westerly
side with said last mentioned course of 90° 22', a distance of 1 foot;
thence easterly on a line which forms an angle on its southerly side
with said last mentioned course of 89° 24', a distance of 18 feet 3
inches, more or less, to a point where it is intersected by a line drawn
along the westerly side of the one-story brick extension at the rear of
the premises No. 122 Water Street; thence southerly on a line which on
its westerly side forms an angle of 86° 43' with the preceding course
and along said one-story brick extension, 17 feet 3 inches to the corner
of said one-story brick building; thence easterly on a line which on its
northerly side forms an angle of 91° 40' with the preceding course, 6
feet 8 1/2 inches to premises now known as No. 120 Water Street; thence
southerly along a line which on its westerly side forms an angle of 91°
40' with the preceding course, 10 feet 9 inches to the premises now or
late of Tontine Company; thence westerly along said premises on a line
which on its northerly side forms an angle of 88° 20' with the preceding
course, 20 feet; thence southerly and still along land now or late of
Tontine Company on a line which on its easterly side forms an angle of
89° 09' with the preceding course, 53 feet 5 inches to the northerly
side of Wall Street; and thence westerly along the northerly side of
Wall Street on a line which on its northerly side forms an angle of 88°
A. 8643--B 3
08' with the preceding course, 48 feet 11 1/2 inches to the easterly
side of Pearl Street at the point or place of beginning.
Parcel B:
All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:
Beginning at the corner formed by the intersection of the northerly
side of Wall Street with the westerly side of Water Street; running
thence northerly, along the westerly side of Water Street, about fifty
feet nine inches to the premises Number One Hundred and Twenty Water
Street; thence westerly, along the southerly side of premises Number One
Hundred and Twenty Water Street, about eighty feet seven inches to the
easterly side of premises Number Eighty-Two Wall Street, thence norther-
ly, along the easterly side of premises Number Eighty-Two Wall Street,
to a point where it is intersected by a line drawn along the northerly
face of the northerly wall of the four-story and basement brick building
formerly erected thereon; thence westerly, along the northerly side of
said northerly wall, about twenty feet to the westerly side of said
premises Number Eighty-Two Wall Street; thence southerly, along the
westerly side of said premises Number Eighty-Two Wall Street, about
fifty-three feet six inches to the northerly side of Wall Street; and
thence easterly along the northerly side of Wall Street, to the point or
place of beginning.
Provided, however, that with respect to such retail licensee's inter-
est in a business engaged in the manufacture or sale at wholesale of
alcoholic beverages described in subdivision one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of [the] chapter TWO HUNDRED NINETY-NINE of
the laws of two thousand twenty-one [which added this subparagraph];
(ii) such retail licensee may not purchase alcoholic beverages directly
from any such manufacturer or wholesaler; and (iii) no more than fifteen
percent of the annual dollar value of alcoholic beverages purchased by
such retail licensee for sale on the premises may be produced by any
such manufacturer[.]; OR
(XVIII) ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE
BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN
THE TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF MAIN STREET (MONTAUK
HIGHWAY - NYS RTE. 27) DISTANT 541 FEET MORE OR LESS NORTHEASTERLY, AS
MEASURED ALONG THE SAME, FROM THE CORNER FORMED BY THE INTERSECTION OF
THE NORTHEASTERLY SIDE OF WINDMILL LANE WITH THE NORTHWESTERLY SIDE OF
MAIN STREET, SAID POINT BEING ALSO AT THE DIVISION LINE BETWEEN THE
EASTERLY SIDE OF LAND NOW OR FORMERLY OF STANLEY FLOWER, JR. AND THE
WESTERLY SIDE OF THE HEREAFTER DESCRIBED PARCEL; RUNNING THENCE ALONG
SAID DIVISION LINE AND ALONG THE EASTERLY SIDE OF LAND NOW OR FORMERLY
OF PETER BISTRIAN, NORTH 21 DEGREES 34 MINUTES 40 SECONDS WEST 380 FEET;
THENCE STILL ALONG LAND NOW OR FORMERLY OF PETER BISTRIAN, NORTH 64
DEGREES 52 MINUTES 20 SECONDS EAST, 74 FEET; THENCE ALONG LAND NOW OR
FORMERLY OF PETER BISTRIAN, CULLUM AND EJS REALTY CORP. SOUTH 21 DEGREES
34 MINUTES 40 SECONDS EAST 380 FEET TO THE NORTHWESTERLY SIDE OF MAIN
STREET; AND THENCE ALONG THE NORTHWESTERLY SIDE OF MAIN STREET, SOUTH 64
DEGREES 52 MINUTES 20 SECONDS WEST 74 FEET TO THE POINT OR PLACE OF
BEGINNING. BEING THE SAME PREMISES CONVEYED BY NICHOLAS CATALANO BY DEED
DATED MAY 5, 1977 AND RECORDED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
MAY 16, 1977, IN LIBER 8235, CP 582. BEING THE SAME PREMISES CONVEYED IN
A. 8643--B 4
PART TO W. JOHN COX BY DEED DATED MAY 23, 1985 AND RECORDED IN THE
SUFFOLK COUNTY CLERK'S OFFICE ON MAY 30, 1985, IN LIBER 9799, CP 453.
PROVIDED, HOWEVER, NOTWITHSTANDING SECTION ONE HUNDRED SEVEN-A OF THIS
ARTICLE, THE RETAIL LICENSEE AND BRAND OWNER LOCATED AT THE PREMISES
DESCRIBED IN THIS SUBPARAGRAPH MAY DESIGNATE THE IMPORTER LICENSEE
LOCATED AT THE PREMISES DESCRIBED IN SUBPARAGRAPH (XIV) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF SECTION ONE HUNDRED ONE OF THIS ARTICLE AS OWNER
OF SUCH BRANDS FOR PURPOSES OF BRAND LABEL REGISTRATION AND PRICE SCHED-
ULING AS REQUIRED UNDER THIS CHAPTER.
§ 3. This act shall take effect immediately; provided, however, that
upon the sale or transfer of the parcels detailed in subparagraph
(xviii) of paragraph (a) of subdivision 13 of section 106 of the alco-
holic beverage control law, such subparagraph shall expire and be deemed
repealed unless the licensee immediately obtains a leasehold upon such
sale or transfer of such parcel as part of the sale or transfer. If the
licensee obtains such a leasehold, the subparagraph pertaining to such
parcel shall expire and be deemed repealed upon the end or termination
of such lease. The state liquor authority shall notify the legislative
bill drafting commission upon notification by the licensee of the sale,
transfer or termination of the leasehold, or non-renewal of the lease-
hold of the parcel detailed in subparagraph (xviii) of paragraph (a) of
subdivision 13 of section 106 of the alcoholic beverage control law in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.