NY State Senate Bill 2021-S8989

Senate Bill S8989

Signed By Governor

2021-2022 Legislative Session

Authorizes the manufacture of beer, spirits, cider, wine and mead at the Culinary Institute of America; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2022	signed chap.345
Jun 23, 2022	delivered to governor
Jun 01, 2022	returned to senate passed assembly ordered to third reading rules cal.590 substituted for a10455 referred to ways and means delivered to assembly passed senate
May 25, 2022	amended on third reading (t) 8989a
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1127
May 03, 2022	referred to investigations and government operations

Votes

- Jun 1, 2022 - Floor Vote
  S8989
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 9, 2022 - Investigations And Government Operations Committee Vote
  S8989
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 9, 2022
      
      aye (7)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis

Bill Amendments

Original

A (Active)

2021-S8989 - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §101, ABC L

2021-S8989 - Summary

Authorizes the manufacture of beer, spirits, cider, wine and mead at the Culinary Institute of America.

2021-S8989 - Sponsor Memo

                                 
BILL NUMBER: S8989

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
permitting the Culinary Institute of America to both produce and sell
alcoholic beverages and permits certain donations

 
PURPOSE:

This bill would allow the Culinary Institute of America in Hyde Park, NY
to carry out its academic mission without certain encumbrances (commonly
referred to as Tied House Laws) established in the Alcoholic Beverage
Control Law.

 
SUMMARY OF PROVISIONS:

With respect to the Culinary Institute of America:

§ 1 - Amends section 101 of the alcoholic beverage control law that
allows alcohol wholesalers and manufacturers to have interest in an

alcohol retail license

§ 2 - Amends section 101 of the alcoholic beverage control law that
allows licensed manufacturers and wholesalers to do business with
licensed retailers

§ 3 - Amends section 101 of the alcoholic beverage control law that
allows the Culinary Institute to engage in activities that are essential
to a student's training and a faculty member's advancement, including
but not limited to consulting and partnering with alcohol beverage
manufacturers and wholesalers and accepting sponsored scholarship oppor-
tunities

§ 4 - Allows alcoholic beverage retailers to do business with manufac-
turers and wholesalers.

§ 5 - Effective date.

 
JUSTIFICATION:

This legislation will allow the Culinary Institute of America (CIA) to
carry out its academic and pedagogical mission without being encumbered
by the Prohibition-era Tied House laws that were put in place to prevent
the alcohol and beverage industry from being controlled by a few domi-
nant alcohol manufacturers and wholesalers.  These laws prohibit liquor
retailers from having an interest in a business that manufactures or
wholesales alcoholic beverage. However, they were not designed with the
needs of higher education institutions that focus on the culinary arts
in mind, nor should we assume that the intent of these laws was to stunt
the academic offerings and approaches of the Culinary Institute. The CIA
holds several liquor licenses for their on-campus restaurants that serve
as experiential learning environments for students. Because the CIA
holds retail licenses, the Tied House prohibitions could effectively
preclude it from building relationships with its natural corporate part-
ners: beverage manufacturers and wholesalers. Moreover, to further its
academic mission and to meet the workforce demands of the fast growing
hospitality industry, the Culinary Institute would like the option of
working with industry experts to train its students in the distilling of
alcoholic beverages. The current Tied House prohibitions could render
that academic advancement impossible.

The CIA is amongst the most renowned academic institutions of its kind
in the world. To maintain that status, the Culinary Institute must
continue to expand its academic offerings to meet market demand. As with
colleges and universities of other disciplines, it must also foster
industry partnerships that not only help offset the cost of tuition
(through scholarships, endowed professorships, and funding for campus
buildings) but also expose students to the leading practitioners in the
culinary and beverage industry. Just as an engineering university part-
ners routinely with employers like IBM or Google to train tomorrow's
engineers, the Culinary Institute needs assurance that it can partner
with the beverage industry and can offer its students a broad learning
experience that includes elements that are currently prohibited under
the Tied House laws.

 
FISCAL IMPACT ON THE STATE:

No cost for state or local government. Additionally, by giving the Culi-
nary Institute the flexibility it needs to educate culinary arts
students, this bill would contribute to the expansion of hospitality
jobs in New York State and the attendant tax revenues.

 
LEGISLATIVE HISTORY:

New bill. However, it is modeled after similar exemptions that have been
afforded in statute to other beverage-related institutions, including
the New York State Wine and Culinary Center, the Concord Grape Belt
Heritage Association, and Finger Lakes Wine Center.

 
EFFECTIVE DATE:
Effective immediately.

2021-S8989 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8989
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
   permitting  the Culinary Institute of America to both produce and sell
   alcoholic beverages and permits certain donations

   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 IN THE TOWN OF HYDE  PARK,  COUNTY
 OF DUTCHESS OPERATED BY THE CULINARY INSTITUTE OF AMERICA.
   §  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  (A),
 (B),  (C) AND (D) OF THIS SUBDIVISION SHALL NOT APPLY TO ANY CONTRACTUAL
 ARRANGEMENTS  BETWEEN  A  LICENSED  MANUFACTURER  OR  WHOLESALER  AND  A
 LICENSED  RETAILER WHERE SUCH CONTRACTUAL ARRANGEMENTS TAKE PLACE ON THE
 PROPERTY DESCRIBED IN SUBPARAGRAPH (XIV) OF PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   § 3. Section 101 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 9 to read as follows:
   9. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 STATE  LIQUOR AUTHORITY SHALL ISSUE A LICENSE OR LICENSES UNDER SECTIONS
 FIFTY-FOUR-A,  FIFTY-FIVE,  FIFTY-EIGHT-A,  FIFTY-EIGHT-B,  SIXTY-THREE,
 SIXTY-FOUR,  SEVENTY-EIGHT,  AND SEVENTY-NINE OF THIS CHAPTER TO A BUSI-
 NESS LOCATED ON THE PROPERTY AS DESCRIBED IN SUBPARAGRAPH (XIV) OF PARA-
 GRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,  KNOWN  AS  THE  CULINARY
 INSTITUTE OF AMERICA.
   (B)  SUCH  BUSINESS  MAY,  BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE,
 BEER, AND DISTILLED SPIRITS AS A CONDITION OF SUCH LICENSE.
   (C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A  DIRECTOR,  OFFI-
 CER,  CONTRACTOR  OR EMPLOYEE OF, OR PURVEYOR TO, THE BUSINESS BY REASON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15554-03-2
 S. 8989                             2
 
 OF SUCH PERSON HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED
 WITH A LICENSEE UNDER THIS CHAPTER AS A SHAREHOLDER,  PARTNER,  OFFICER,
 DIRECTOR, CONTRACTOR OR EMPLOYEE.
   (D)  NO  PERSON SHALL BE DISQUALIFIED FROM BEING A LENDER OR LESSOR TO
 THE CULINARY INSTITUTE OF AMERICA, OR A DONOR,  PATRON,  CONTRIBUTOR  OR
 SPONSOR  OF  THE  BUSINESS  THROUGH CONTRIBUTIONS IN CASH OR IN KIND, ON
 TERMS AGREED WITH THE ADMINISTRATION OF THE BUSINESS, BY REASON OF  SUCH
 PERSON  HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A
 LICENSEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER,  OFFICER,  DIREC-
 TOR, CONTRACTOR, OR EMPLOYEE. SUCH PERSONS SHALL BE ENTITLED, REGARDLESS
 OF THEIR LICENSING STATUS UNDER THIS CHAPTER, TO OBTAIN ALL THE BENEFITS
 GENERALLY  APPROVED BY THE ADMINISTRATION OF THE BUSINESS AND OFFERED TO
 DONORS OF SIMILAR AMOUNTS.
   (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY  THE
 CULINARY INSTITUTE OF AMERICA IS EXPRESSLY AUTHORIZED TO:
   (I) ENTER INTO CONSULTING AGREEMENTS WITH MANUFACTURERS, SUPPLIERS, OR
 WHOLESALERS  OF  ALCOHOLIC  BEVERAGES AND OTHER NON-LICENSED THIRD-PARTY
 ENTITIES;
   (II) OFFER TASTINGS AND EDUCATIONAL CLASSES WHERE ALCOHOLIC  BEVERAGES
 ARE  SERVED  ON THE PREMISES AND CHARGE SUCH AMOUNTS AS IT DEEMS FIT FOR
 SUCH TASTINGS AND CLASSES;
   (III)  PROVIDE  RESTAURANTS,  BANQUET  FACILITIES,  AND  ENTERTAINMENT
 FACILITIES FOR PUBLIC DINING EVENTS AND PRIVATE PARTIES IN CONSIDERATION
 OF  SUCH  FEES AS ARE ESTABLISHED BY THE BUSINESS, AND TO SELL AND SERVE
 AT SUCH EVENTS AND LOCATIONS ALCOHOLIC BEVERAGES;
   (IV) PROVIDE OFF-PREMISES EVENTS, TASTINGS,   AND EDUCATIONAL  CLASSES
 AT  LICENSED  AND UNLICENSED LOCATIONS FROM TIME TO TIME AND TO SELL AND
 SERVE AT SUCH EVENTS, TASTINGS AND EDUCATIONAL CLASSES ALCOHOLIC  BEVER-
 AGES  MANUFACTURED  BY THE BUSINESS OR OTHERS AND CHARGE SUCH AMOUNTS AS
 IT DEEMS FIT BY THE ADMINISTRATION OF THE BUSINESS AND ALLOW FOR  TRANS-
 PORTATION  OF ALCOHOLIC BEVERAGES TO AND FROM SUCH EVENTS, TASTINGS, AND
 EDUCATIONAL CLASSES;
   (V) ENTER INTO  LICENSE  AGREEMENTS  WITH  A  MANUFACTURER,  RETAILER,
 IMPORTER,  SUPPLIER,  OR  WHOLESALER OF ALCOHOLIC BEVERAGES ALLOWING THE
 USE OF THE BUSINESS'S NAME AND LOGO ON ALCOHOLIC BEVERAGES TO BE SOLD BY
 SUCH MANUFACTURER, IMPORTER, SUPPLIER, OR WHOLESALER FOR WHICH THE BUSI-
 NESS SHALL RECEIVE LICENSING OR FLAT FEES BASED UPON EITHER: (A)   TOTAL
 NUMBER; OR (B) PERCENTAGE OF SALES OF SUCH ALCOHOLIC BEVERAGES; AND
   (VI)  SELL  AT RETAIL OR WHOLESALE WINE, BEER, AND DISTILLED PRODUCTS,
 MANUFACTURED BY THE CULINARY INSTITUTE OF AMERICA.
   § 4. The prohibitions and restrictions contained in section 106 of the
 alcoholic beverage control law shall not apply  to  any  contractual  or
 other  financial arrangements between a licensed retailer and a licensed
 manufacturer or wholesaler where such  contractual  or  other  financial
 arrangements  take place on any property owned by the Culinary Institute
 of America and are related to the educational purposes  of  said  insti-
 tute.
   § 5. This act shall take effect immediately.

2021-S8989A (ACTIVE) - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §101, ABC L

2021-S8989A (ACTIVE) - Summary

Authorizes the manufacture of beer, spirits, cider, wine and mead at the Culinary Institute of America.

2021-S8989A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8989A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would allow the Culinary Institute of America ("CIA"), a
world-renowned, higher education institution in Hyde Park, New York to
carry out its academic mission by allowing for its exemption from the
"Tied House Laws" established in the New York State Alcoholic Beverage
Control Law. The "Tied House Laws" prohibit manufacturers and whole-
salers of alcoholic beverages from having any interest, direct or indi-
rect in any premise where any alcoholic beverage is sold at retail.

 
SUMMARY OF PROVISIONS:

§ 1 - Amends paragraph a of section 101 of the Alcoholic Beverage
Control Law by adding a new subparagraph (xiv), to allow any such prem-
ises or business constituting an alcoholic beverage manufacturer or
wholesaler in the Town of Hyde Park, County of Dutchess owned and oper-
ated by the CIA, a not-for-profit 501 (c)(3) higher education institu-
tion chartered by the New York State Board of Regents operating within
certain meets and bounds, to be exempt from the prohibition that alcohol
wholesalers and manufacturers may not have any interest, direct or indi-
rect in any premise where any alcoholic beverage is sold at retail.

§ 2 - Adds a new paragraph (f) to subdivision one of section 101 of the
Alcoholic Beverage Control Law to exempt the CIA from the prohibitions
and restrictions contained in paragraphs (b), (c) and (d) to allow for
contractual and other financial arrangements undertaken by the Culinary
Institute of America for the education purposes of such institute,
including student scholarships, academic building sponsorships, and
Institute event sponsorships that further the academic mission of the
Culinary Institute of America, where such contractual or other financial
arrangements are between a licensed manufacturer, wholesaler, or retail-
er for on-premise consumption, and the Culinary Institute of America,
operating within the metes and bounds established by subparagraph (xiv)
of this subdivision.

§ 3 - Repeals subdivision seven of section 101 of the Alcoholic Beverage
Control Law.

§ 4 - Effective date

 
JUSTIFICATION:

This legislation will allow the Culinary Institute of America ("CIA") to
carry out its academic and pedagogical mission without being encumbered
by the Prohibition Era "Tied House Laws" that were put in place to
prevent the alcohol and beverage industry from being controlled by a few
dominant alcohol manufacturers and wholesalers.  These laws prohibit
liquor retailers from having an interest in a business that manufactures
or wholesales alcoholic beverages. The CIA holds several liquor licenses
for their on-campus restaurants that serve as experiential learning
environments for students. Because the CIA holds retail licenses, the
"Tied House" prohibitions could effectively preclude it from building
relationships with its natural corporate partners: alcoholic beverage
manufacturers and wholesalers.  Moreover, to further its academic
mission and to meet the workforce demands of the fast-growing hospital-
ity industry, the CIA would like the option of working with industry
experts to train its students in the distilling of alcoholic beverages.
The current "Tied House" prohibitions essentially render that academic
advancement impossible.

The CIA is amongst the most renowned academic institutions of its kind
in the world. To maintain that status, they must continue to expand
their academic offerings to meet market demand. As with colleges and
universities of other disciplines, it must also foster industry partner-
ships that not only help offset the cost of tuition (through scholar-
ships, endowed professorships, funding for campus buildings, etc.) but
also expose students to the leading practitioners in the culinary and
beverage industries. Just as an engineering university partners routine-
ly with employers like IBM or Google to train tomorrow's engineers, the
CIA needs assurance that it can partner with the beverage industry and
can offer its students a broad learning experience that includes
elements that are currently prohibited under the "Tied House Laws."

 
LEGISLATIVE HISTORY:

New bill. However, similar exemptions have been afforded in statute to
other alcoholic beverage-related institutions, including the New York
State Wine and Culinary Center, the Concord Grape Belt Heritage Associ-
ation, and the Finger Lakes Wine Center.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No cost for state or local government. By giving the Culinary Institute
of America the flexibility it needs to educate culinary arts students,
the bill will contribute to the expansion of hospitality jobs in New
York State and the attendant tax revenues.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8989A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8989--A
     Cal. No. 1127
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15554-04-2
 S. 8989--A                          2
 
 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
 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
 S. 8989--A                          3
 
   (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
 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
 S. 8989--A                          4
 
 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
 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
 S. 8989--A                          5
 
 77°39'30" E 331.51 FEET AND S 12°20'30" W 373.20 FEET TO  THE  POINT  OR
 PLACE OF BEGINNING.
   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.

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