S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7688
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2023
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   licensing  restrictions for manufacturers and wholesalers of alcoholic
   beverages who sell at retail for on-premises consumption; and  provid-
   ing 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. The closing paragraph of subparagraph (xviii) of  paragraph
 (a)  of  subdivision 13 of section 106 of the alcoholic beverage control
 law, as added by chapter 288 of the laws of 2022, is amended to read  as
 follows:
   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 EIGHTY-EIGHT of
 the  laws  of  two  thousand twenty-two [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
   §  2.  Subparagraph  (xviii)  of  paragraph  (a)  of subdivision 13 of
 section 106 of the alcoholic beverage control law, as added  by  chapter
 304 of the laws of 2022, is amended to read as follows:
   [(xviii)]  (XIX)  on  real  property  located on that certain tract or
 parcel of land situated in the Town of Shelby,  County  of  Orleans  and
 State  of New York, being part of Great Lot No. 32 in Township 14, Range
 3 of the Holland Land Purchase and bounded and described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11665-01-3
 A. 7688                             2
              

 
 Beginning at the point of intersection of the centerline of Maple  Ridge
 Road,  a/k/a  New  York  State Route No. 31A (66 foot wide right-of-way)
 with the centerline of Bates Road;
 thence (1) North 00° 12' 14" West and along the centerline of said Bates
 Road  a distance of 225.00 feet to a point; thence (2) North 89° 47' 46"
 East and along the south line of lands now or formerly  owned  by  Joyce
 and  Raymond  Cook,  Jr.  (See  Liber  392  of Deeds at page 246 and Tax
 Account No. 080.00 - 03 - 15.3) a distance of 200.00 feet  to  a  point;
 thence  (3)  North 00° 12' 14" West and along the westerly line of lands
 now or formerly of said Joyce and Raymond Cook, Jr. and also  along  the
 westerly  line  of  lands  now  or formerly owned by Mark G. and Evon C.
 Navarra (See Liber 498 of Deeds at page 88 and Tax Account No. 080.00  -
 03  -  15.2) and lands now or formerly owned by John E. Harris, Jr. (See
 Liber 452 of Deeds at page 207 and Tax Account No. 080.00 - 03 - 16.0) a
 distance of 300.00 feet to a point; thence (4) South 89°  47'  46"  West
 and  along  the  north  line  of  lands  now or formerly of said John E.
 Harris, Jr. a distance of 200.00 feet to a point in  the  centerline  of
 Bates Road;
 thence (5) North 00° 10' 30" West and along the centerline of said Bates
 Road a distance of 1414.14 feet to a point; thence (6) North 89° 46' 17"
 East and along the south line of lands now or formerly owned by Harry R.
 and Lois A. Deyarmin (See Liber 466 of Deeds at page 322 and Tax Account
 No.  080.00  - 03 - 17.00) and also along the south line of lands now or
 formerly owned by Michael J. Healy and Vincent J. Licata (See Liber  391
 of Deeds at page 1077 and Tax Account No. 080.00 - 03 - 01.4) a distance
 of  398.06 feet to a point on the westerly line of lands now or formerly
 owned by the Niagara Mohawk Power Corporation (See Liber 360 of Deeds at
 page 186 and Tax Account No. 080.00 - 03 - 23.0); thence (7)  South  02°
 21'  51"  East  and  continuing  along the westerly line of lands now or
 formerly owned by the said Niagara Mohawk Power Corporation  a  distance
 of  1932.39  to a point in the centerline of Maple Ridge Road, a/k/a New
 York State Route No. 31A; thence (8) South 88° 47' 20"  West  and  along
 the  centerline of said Maple Ridge Road, a/k/a New York State Route No.
 31A, a distance of 471.69 feet to the point of beginning.
 Hereby intending to describe a parcel of land shown on a Survey Map made
 by Clark Patterson Associates, dated August 7, 2006, being  Project  No.
 9418.00  and Drawing Number BNDY - 2. Together with the right, privilege
 and easement for use of one or more of four road crossings not to exceed
 20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
 and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
 2, 1972 and recorded November 3, 1972  in  the  Orleans  County  Clerk's
 Office  in Liber 360 of Deeds at page 186. ALSO ALL THAT TRACT OR PARCEL
 OF LAND situate in the Town of Shelby, County of Orleans  and  State  of
 New  York, being part of Great Lot No. 32 in Township 14, Range 3 of the
 Holland Land Purchase and bounded and described as follows:
 Commencing at the point of intersection of the centerline of Maple Ridge
 Road, a/k/a New York State Route No. 31A  (66  foot  wide  right-of-way)
 with the centerline of Bates Road; thence (A) North 88° 47' 20" East and
 along  the  centerline  of  said  Maple Ridge Road, a/k/a New York State
 Route No. 31A a distance of 621.72  feet  to  the  point  of  beginning;
 thence  (1)  North 02° 21' 51" West and along the easterly line of lands
 now or formerly owned by the Niagara Mohawk Power Corporation (See Liber
 360 of Deeds at page 186 and Tax Account No.  080.00  -  03  -  23.0)  a
 distance of 1931.96 feet to a point;
 thence  (2) North 89° 45' 02" East and along the south line of lands now
 or formerly owned by Douglas A. Holka (See Liber 545 of Deeds at page 43
 A. 7688                             3
 
 and Tax Account No. 080.00 - 03 - 1.1) a distance of 1378.90 feet  to  a
 point;  thence (3) South 00° 12' 37" East and along the westerly line of
 lands now or formerly owned by Franklin Tower (See Liber 489 of Deeds at
 page  185  and Tax Account No. 080.00 - 03 - 14.0) a distance of 1908.72
 feet to a point in the centerline of said Maple Ridge  Road,  a/k/a  New
 York  State  Route  No. 31A; thence (4) South 88° 47' 20" West and along
 the centerline of said Maple Ridge Road, a/k/a New York State Route  No.
 31A, a distance of 1306.49 feet to the point of beginning.
 Hereby intending to describe a parcel of land shown on a Survey Map made
 by  Clark  Patterson Associates, dated August 7, 2006, being Project No.
 9418.00 and Drawing Number BNDY - 2. Together with the right,  privilege
 and easement for use of one or more of four road crossings not to exceed
 20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
 and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
 2,  1972  and  recorded  November  3, 1972 in the Orleans County Clerk's
 Office in Liber 360 of Deeds at page 186[.]; OR
   § 3. Subparagraph (xviii)  of  paragraph  (a)  of  subdivision  13  of
 section  106  of the alcoholic beverage control law, as added by chapter
 328 of the laws of 2022, is amended to read as follows:
   [(xviii)] (XX) 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
 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[.]; OR
   § 4. The opening and closing paragraphs  of  subparagraph  (xviii)  of
 paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage
 control law, as added by chapter 348 of the laws of 2022, are amended to
 read as follows:
   [(xviii)]  (XXI)  Parcel  A: ALL THAT CERTAIN plot, place or parcel of
 land, with the buildings  and  improvements  thereon  erected,  situate,
 A. 7688                             4
 
 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 Grove Street with
 the easterly side of Bleecker Street; THENCE easterly along the norther-
 ly  side  of Grove Street 117 feet 9 1/2 inches to the center of a party
 wall between Nos. 53 and 55 Grove Street; THENCE northerly parallel with
 or nearly so with Bleecker Street and partly through the center of  said
 party  wall  47  feet;  THENCE  westerly parallel with or nearly so with
 Grove Street 36 feet 7 inches to a point distant 82 feet 5  inches  from
 Bleecker  Street; THENCE northerly at right angles to Christopher Street
 29 feet 1 1/2 inches; THENCE westerly parallel with Grove Street 88 feet
 6 inches to the easterly side of Bleecker Street; THENCE southerly along
 the easterly side of Bleecker Street 73 feet 3 inches to  the  point  or
 place  of beginning. Notwithstanding section one hundred seven-a of this
 article, the retail licensee and brand owner  located  at  the  premises
 described  in  this  subparagraph and further identified as Parcel A may
 designate the manufacturer 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 scheduling  as  required  under  this
 chapter.
   Parcel G:
 THE  condominium  unit  (the "Unit") known as Unit Nos. C1 and C2 in the
 Building (hereinafter referred to as the "Building") known as the Bleek-
 er-Grove Condominium and by the street numbers 312-314  Bleeker  Street,
 a/k/a  48  Grove Street, New York, New York, said Units being designated
 and described as Unit Nos. C1 and C2 in the declaration  establishing  a
 plan  condominium  ownership  of  said premises under Article 9-b of the
 Real Property Law of the State of New York (the  "New  York  Condominium
 Act"),  dated  6/13/1990,  recorded in the Office of the Register of New
 York County (the "Register's Office") on  2/5/1991  in  reel  1760  page
 1981,  and  also  designated as Tax Lot Nos. 1001 and 1002 in Block 588,
 Section 2, of the Borough of Manhattan on the Tax Map of the Real  Prop-
 erty  Assessment  Department  of  the  City of New York and on the floor
 plans of said Building, certified by  Howard  I.  Zimmerman  Associates,
 Architects,  on  the 1/28/1991, and filed with the Real Property Assess-
 ment Department of the City of New York as Condominium Plan No. 755, and
 also filed in the City Register's Office on 2/5/1991, as Map No. 5059.
 TOGETHER with an undivided 15.193% and 30.331%  interest,  respectively,
 in the common elements,
 THE  premises  within  which  the  Unit is located are more particularly
 bounded and describes as follows:
 ALL that certain plot, piece or parcel of land, situate, lying and being
 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 westerly side
 of Bleeker Street with the southerly side of Grove Street;
 RUNNING thence southerly along Bleeker Street, 40 feet;
 THENCE westerly parallel with Grove Street, 83 feet;
 THENCE northerly parallel with Bleeker Street, 40 feet to the  southerly
 side of Grove Street;
 THENCE easterly along the southerly side of Grove Street, 83 feet to the
 point or place of beginning.
 THAT  the  said  premises  are  known  as  and by the street address(es)
 312-314 Bleeker Street a/k/a 48 Grove Street, New  York,  NY.  Provided,
 however, that with respect to such retail licensees' interest in a busi-
 A. 7688                             5
 
 ness engaged in the manufacture or sale at wholesale of alcoholic bever-
 ages  described  in subdivision one-a of section one hundred one of this
 article: (i) such retail licensees may not purchase alcoholic  beverages
 directly from any such manufacturer or wholesaler; and (ii) no more than
 fifteen  percent  of  the  annual  dollar  value  of alcoholic beverages
 purchased by any such individual retail licensee for sale on  the  prem-
 ises may be produced by any such manufacturer[.]; OR
   §  5.  Paragraph (a) of subdivision 13 of section 106 of the alcoholic
 beverage control law is amended by adding a new subparagraph  (xxii)  to
 read as follows:
   (XXII) PARCEL A
   ALL  THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND
 IMPROVEMENTS THEREON ERECTED, SITUATED, LYING AND BEING IN THE  TOWN  OF
 WILMINGTON, COUNTY OF ESSEX AND STATE OF NEW YORK, BEING PART OF LOT NO.
 32 OF MALLORY'S GRANT AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT  IN  THE  WILMINGTON-LAKE PLACID STATE HIGHWAY
 (ROUTE 86) SAID POINT BEING LOCATED 600 FEET  NORTH  EASTERLY  FROM  THE
 POINT  WHERE  THE DIVISION LINE BETWEEN LOTS NOS. 31 AND 32 OF MALLORY'S
 GRANT INTERSECTS THE CENTER OF SAID HIGHWAY AND WHICH POINT OF BEGINNING
 IS THE MOST EASTERLY CORNER OF A PARCEL OF LAND CONVEYED BY BERNARD J.P.
 COMISKEY TO MARJORIE B. WILKINS BY DEED DATED JULY 7, 1950 AND  RECORDED
 IN THE ESSEX COUNTY CLERK'S OFFICE ON JULY 10, 1950 IN BOOK 279 OF DEEDS
 AT  PAGE  293,  AND  FROM  SAID  POINT  OF BEGINNING RUNNING THENCE IN A
 NORTHWESTERLY DIRECTION ALONG THE NORTHEASTERLY LINE OF  SAID  PARCEL  A
 DISTANCE OF 550 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE SOUTH-
 WESTERLY  ALONG  THE  NORTHEASTERLY  LINE  OF  SAID PARCEL (DESCRIBED AS
 PARALLEL TO THE CENTER OF SAID  HIGHWAY)  AND  CONTINUING  IN  THE  SAME
 COURSE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED BY SAID
 COMISKEY  TO  WALTER  N.  ZYWAN AND MARYLYN V. ZYWAN A TOTAL DISTANCE ON
 THIS COURSE OF 600 FEET TO A POINT IN THE  DIVISION  LINE  BETWEEN  SAID
 LOTS  NOS.    31 AND 32; THENCE NORTHWESTERLY ALONG SAID DIVISION LINE A
 DISTANCE OF 1985 FEET MORE OR LESS TO THE MOST WESTERLY  CORNER  OF  LOT
 NO.  32;  THENCE  NORTHEASTERLY ALONG THE WESTERLY BOUNDARY OF MALLORY'S
 GRANT A DISTANCE OF 1696 FEET MORE OR LESS TO THE MOST NORTHERLY  CORNER
 OF LOT NO. 32; THENCE SOUTHEASTERLY ALONG THE DIVISION LINE BETWEEN LOTS
 NOS.  32  AND  33 A DISTANCE OF 3280 FEET MORE OR LESS TO A POINT IN THE
 CENTER OF THE AFORESAID STATE HIGHWAY; THENCE  SOUTHWESTERLY  ALONG  THE
 CENTER THEREOF TO THE POINT OR PLACE OF BEGINNING.
   PARCEL B
   ALL  THAT TRACT, PART, PIECE OR PARCEL OF LAND, SITUATE IN LOTS 33 AND
 34, MALLORY'S GRANT, TOWN OF WILMINGTON, COUNTY OF ESSEX, STATE  OF  NEW
 YORK, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A 3/4 INCH IRON PIPE FOUND IN THE SOUTHERLY BOUNDS OF NEW
 YORK  STATE  HIGHWAY  ROUTE  86,  AND  AT THE MOST NORTHERLY CORNER OF A
 PARCEL OF LAND BELONGING (N/F), TO BETTY JANE SMART, BY VIRTUE OF A DEED
 RECORDED IN THE OFFICE OF THE ESSEX COUNTY CLERK IN BOOK 725 OF DEEDS AT
 PAGE 176, AND RUNNING THENCE N 57°  07'  56"  E,  ALONG  SAID  SOUTHERLY
 BOUNDS,  A  DISTANCE  OF 296.17 FEET, TO A 1 INCH IRON PIPE FOUND IN THE
 MOST WESTERLY CORNER OF A PARCEL OF LAND BELONGING TO RICHARD D. RAILTON
 AND MARIES L RAILTON, BY VIRTUE OF A DEED RECORDED IN THE OFFICE OF  THE
 ESSEX COUNTY CLERK IN BOOK 810 OF DEEDS AT PAGE 339;
   THENCE  TURNING  AND  RUNNING S 48° 57' 21" E, ALONG THE SOUTHWESTERLY
 BOUNDS OF RAILTON (L810-P339), PASSING THROUGH  AN  IRON  ROD  AT  99.94
 FEET,  AND  PASSING THROUGH A 3/4 INCH IRON PIPE AT 200.24 FEET, A TOTAL
 DISTANCE OF 614.50 FEET, TO THE MOST NORTHERLY CORNER  OF  A  PARCEL  OF
 LAND  BELONGING TO RICHARD D. RAILTON AND MARIES L RAILTON, BY VIRTUE OF
 A. 7688                             6
 
 A DEED RECORDED IN THE OFFICE OF THE ESSEX COUNTY CLERK IN BOOK  993  OF
 DEEDS AT PAGE 346;
   THENCE  TURNING  AND  RUNNING S 61° 14' 53" W, ALONG THE NORTHWESTERLY
 LINE OF RAILTON (LP.), A DISTANCE OF 255.24 FEET, TO THE  MOST  WESTERLY
 CORNER  THEREOF,  BEING  A  1/2  INCH IRON PIPE SET IN THE NORTHEASTERLY
 BOUNDS  OF  THE  AFOREMENTIONED  PREMISES  OF  (N/F)  BETTY  JANE  SMART
 (L725-P176);
   THENCE  TURNING  AND  RUNNING N 53° 11' 24" W, ALONG THE NORTHEASTERLY
 BOUNDS OF LANDS (N/F) OF SMART (L725-P176), A DISTANCE OF  700.31  FEET,
 TO THE POINT OR PLACE OF BEGINNING.
   PARCEL C
   ALL  THAT  CERTAIN  PLOT,  PIECE OR PARCEL OF LAND, SITUATE, LYING AND
 BEING IN THE TOWN OF WILMINGTON, COUNTY OF ESSEX,  STATE  OF  NEW  YORK,
 BRIEFLY DESCRIBED AS FOLLOWS VIS:
   COMMENCING  AT  THE INTERSECTION OF THE SOUTHEAST LIMIT OF HIGHWAY #86
 WITH THE SOUTHWEST BANK OF WHITE BROOK; THENCE SOUTHWESTERLY  ALONG  THE
 HIGHWAY LIMIT, 309.39 FEET TO A CEDAR STAKE WHICH IS THE POINT OF BEGIN-
 NING  AND  WHICH IS ALSO THE NORTHWEST CORNER OF PARCEL #1 AS SHOWN ON A
 SURVEY OF WILMINGTON DEVELOPMENT COMPANY PROPERTY BY NORMAN BRIGGS, LS.,
 DATED JULY 1, 1952; THENCE S 50° 00' W, ALONG THE HIGHWAY LIMIT,  309.39
 FEET TO A CEDAR STAKE: THENCE S 34' 00' 50" E. 1209.50 FEET TO A 4" X 4"
 CEDAR  POST  ON  THE  BANK  OF  THE  AUSABLE RIVER; THENCE NORTHEASTERLY
 APPROXIMATELY 21 O FEET; FOLLOWING THE RIVER BANK, TO A 4"  X  4"  CEDAR
 POST  WHICH IS ALSO THE SOUTHWEST CORNER OF PARCEL #1; THENCE N. 49° 29'
 50" W, 1180.73 FEET TO THE POINT OF BEGINNING.
   EXCEPTING FROM THE ABOVE DESCRIBED PARCEL:
   ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE  TOWN  OF  WILMINGTON,
 COUNTY  OF  ESSEX,  STATE  OF  NEW YORK, BEING PART OF LOT 33, MALLORY'S
 GRANT LYING EAST OF NEW YORK STATE ROUTE 86 AND WEST OF THE WEST  BRANCH
 OF  THE  AUSABLE RIVER AND IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS
 FOLLOWS:
   BEGINNING AT A POINT AT THE MOST  NORTHERLY  CORNER  OF  THE  PREMISES
 MARKED  BY  A 5/8 INCH IRON ROD WITH CAP, SAID POINT BEING THE FOLLOWING
 TWO (2) COURSES FROM A 3/4 INCH IRON PIPE IN THE SOUTHEAST BOUNDS OF NEW
 YORK STATE ROUTE 86 WHICH LIES 304.52 FEET SOUTHWEST OF WHITE BROOK:
   1. SOUTH 49° 25' 55" EAST, 395.00 FEET;
   2. SOUTH 49° 27' 22" EAST, 349.45 FEET;
   THENCE, SOUTH 49° 27' 22" EAST, 450.00 FEET ALONG THE  SOUTHWEST  LINE
 OF  CERTAIN LANDS OF RICHARD M. SIBALSKI AND JANE F. SIBALSKI, DEED BOOK
 772/PAGE 4, TO A POINT ON THE WEST BANK OF THE WEST BRANCH OF THE  AUSA-
 BLE  RIVER, SAID COURSE PASSING THROUGH A 1/2 INCH IRON PIPE LINE MARKER
 AT A DISTANCE OF 440.00 FEET;
   THENCE, SOUTHERLY 130 FEET MORE OR LESS ALONG THE  WEST  BANK  OF  THE
 WEST BRANCH OF THE AUSABLE RIVER ON THE FOLLOWING THREE (3) COURSES TO A
 POINT AT THE SOUTHERLY CORNER:
   1. SOUTH 29° 37' 10" WEST, 32.66 FEET TO A POINT:
   2. SOUTH 32° 53' 59" EAST, 40.69 FEET TO A POINT;
   3. SOUTH 55° 14' 56" WEST, 65.59 FEET TO A POINT;
   THENCE,  NORTH  48°  23' 02" WEST, 246.21 FEET ALONG THE SOUTHWESTERLY
 LINE TO 5/8 INCH IRON ROD WITH CAP, SAID COURSE PASSING  THROUGH  A  5/8
 INCH IRON ROD LINE MARKER AT A DISTANCE OF 51.00 FEET;
   THENCE,  NORTH  56°  25' 45" WEST, 95, 11 FEET ALONG THE SOUTHWESTERLY
 LINE TO 5/8 INCH IRON ROD WITH CAP;
   THENCE, NORTH 09° 51' 36" WEST, 179.07 FEET ALONG THE WEST LINE TO THE
 POINT-OF-BEGINNING.
 A. 7688                             7
 
   TOGETHER WITH A RIGHT OF WAY FOR ALL NORMAL PURPOSES  OF  INGRESS  AND
 EGRESS  OVER  THE EXISTING DRIVE FROM THE SOUTHWEST LINE OF THE PREMISES
 SOUTHWEST AND NORTHWEST TO THE NEW YORK STATE  ROUTE  86  AND  ALSO  THE
 RIGHT TO MAINTAIN, REPAIR AND REPLACE THE EXISTING UTILITY LINES PROVID-
 ING  SERVICE  TO  THE  PREMISES  HEREINABOVE  DESCRIBED IN THEIR PRESENT
 LOCATIONS.
   PARCEL D
   ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, SITUATE IN LOTS 33  AND
 34,  MALLORY'S  GRANT, TOWN OF WILMINGTON, COUNTY OF ESSEX, STATE OF NEW
 YORK AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A 1 INCH IRON PIPE, AND THE MOST  WESTERLY  CORNER  OF  A
 PARCEL OF LAND BELONGING TO RICHARD D. RAILTON AND MARIES L. RAILTON, BY
 VIRTUE  OF  A  DEED  RECORDED IN THE OFFICE OF THE ESSEX COUNTY CLERK IN
 BOOK 81 O AT PAGE 339, AND RUNNING THENCE S 48° 57'  21"  E,  ALONG  THE
 SOUTHWESTERLY LINE OF RAILTON (L810-P339) PASSING THROUGH AN IRON ROD AT
 99.94 FEET, AND A 1/2 INCH IRON PIPE AT 200.24 FEET, A TOTAL DISTANCE OF
 614.50  FEET TO A 1/2 INCH IRON PIPE, AND TO THE TRUE POINT OF BEGINNING
 OF THE 3.0 ACRE PARCEL HEREIN BEING DESCRIBED;
   THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, S 48° 57' 21" PASSING
 THROUGH A 1/2 INCH IRON PIPE AT 595.91 FEET, A  TOTAL  DISTANCE  OF  629
 FEET  MORE  OR  LESS,  TO  A  POINT ON THE NORTHERLY BANK OF THE AUSABLE
 RIVER, AND TO THE MOST EASTERLY CORNER OF THE  3.0  ACRE  PARCEL  HEREIN
 BEING DESCRIBED;
   THENCE  TURNING AND RUNNING SOUTHWESTERLY AND UPSTREAM, ALONG THE BANK
 OF THE AUSABLE RIVER, A DISTANCE OF 230 FEET, MORE OR LESS, TO THE  MOST
 EASTERLY  CORNER  OF  A  PARCEL  OF  LAND  BELONGING  (N/F)  TO FLORENCE
 WILLIAMS; BY VIRTUE OF A DEED RECORDED IN THE OFFICE OF THE ESSEX COUNTY
 CLERK IN BOOK 456 OF DEEDS AT PAGE 19;
   THENCE TURNING AND RUNNING N 53° 11' 24" W,  (PASSING  THROUGH  A  3/4
 INCH  IRON  PIPE AT 20 FEET, MORE OR LESS), ALONG THE NORTHEASTERLY LINE
 OF WILLIAMS (L456-P19), A DISTANCE OF 415 FEET, MORE  OR  LESS,  TO  THE
 MOST  EASTERLY  CORNER OF A PARCEL OF LAND BELONGING (N/F) TO BETTY JANE
 SMART, BY VIRTUE OF A DEED RECORDED IN THE OFFICE OF  THE  ESSEX  COUNTY
 CLERK IN BOOK 725 OF DEEDS AT PAGE 176;
   RUNNING  THENCE N 53° 11' 24" W, ALONG THE NORTHEASTERLY LINE OF SMART
 (L725-P176), (PASSING THROUGH A 3/4 INCH IRON  ROD  AT  99.47  FEET),  A
 DISTANCE OF 189.6 FEET, TO A 1/2 INCH IRON PIPE, AND TO THE MOST WESTER-
 LY CORNER OF THE 3.0 ACRE PARCEL HEREIN BEING DESCRIBED:
   THENCE TURNING AND RUNNING N 61° 14' 53" E, THROUGH LANDS BELONGING TO
 THE  HIGH  VALLEY MOTEL CORPORATION, BY VIRTUE OF A DEED RECORDED IN THE
 OFFICE OF THE ESSEX COUNTY CLERK IN BOOK 940 OF DEEDS  AT  PAGE  142,  A
 DISTANCE OF 255.24 FEET, TO THE POINT OR PLACE OF BEGINNING.
   PARCEL E
   ALL  THAT  TRACT  OR PARCEL OF LAND SITUATE IN THE TOWN OF WILMINGTON,
 COUNTY OF ESSEX, STATE OF NEW YORK, BEING  PART  OF  LOT  33,  MALLORY'S
 GRANT  LYING EAST OF NEW YORK STATE ROUTE 86 AND WEST OF THE WEST BRANCH
 OF THE AUSABLE RIVER AND IS MORE PARTICULARLY BOUNDED AND  DESCRIBED  AS
 FOLLOWS:
   BEGINNING  AT  A  POINT  AT  THE MOST NORTHERLY CORNER OF THE PREMISES
 MARKED BY A 5/8 INCH IRON ROD WITH CAP, SAID POINT BEING  THE  FOLLOWING
 TWO (2) COURSES FROM A 3/4 INCH IRON PIPE IN THE SOUTHEAST BOUNDS OF NEW
 YORK STATE ROUTE 86 WHICH LIES 304.52 FEET SOUTHWEST OF WHITE BROOK:
   1. SOUTH 49° 25' 55" EAST, 395.00 FEET:
   2. SOUTH 49° 27' 22" EAST, 349.45 FEET;
   THENCE,  SOUTH  49° 27' 22" EAST, 450.00 FEET ALONG THE SOUTHWEST LINE
 OF CERTAIN LANDS OF RICHARD M. SIBALSKI AND JANE F. SIBALSKI, DEED  BOOK
 A. 7688                             8
 
 772/PAGE  4, TO A POINT ON THE WEST BANK OF THE WEST BRANCH OF THE AUSA-
 BLE RIVER, SAID COURSE PASSING THROUGH A 1/2 INCH IRON PIPE LINE  MARKER
 AT A DISTANCE OF 440.00 FEET;
   THENCE,  SOUTHERLY  130  FEET  MORE OR LESS ALONG THE WEST BANK OF THE
 WEST BRANCH OF THE AUSABLE RIVER ON THE FOLLOWING THREE (3) COURSES TO A
 POINT AT THE SOUTHERLY CORNER:
   1. SOUTH 29° 37' 1 O" WELL, 32.66 FEET TO A POINT;
   2. SOUTH 32° 53' 59" EAST, 40.69 FEET TO A POINT;
   3. SOUTH 55° 14' 56" WEST, 65.59 FEET TO A POINT;
   THENCE, NORTH 48° 23' 02" WEST, 246.21 FEET  ALONG  THE  SOUTHWESTERLY
 LINE  TO A 5/8 INCH IRON ROD WITH CAP, SAID COURSE PASSING THROUGH A 5/8
 INCH IRON ROD LINE MARKER AT A DISTANCE OF 51.00 FEET;
   THENCE, NORTH 56° 28' 45" WEST, 95.11  FEET  ALONG  THE  SOUTHWESTERLY
 LINE TO A 5/8 INCH IRON ROD WITH CAP;
   THENCE, NORTH 09° 51' 36" WEST, 179.07 FEET ALONG THE WEST LINE TO THE
 POINT-OF BEGINNING. TOGETHER WITH A RIGHT OF WAY FOR ALL NORMAL PURPOSES
 OF INGRESS AND EGRESS OVER THE EXISTING DRIVE FROM THE SOUTHWEST LINE OF
 THE PREMISES SOUTHWEST AND NORTHWEST TO NEW YORK STATE ROUTE 86.
   PARCEL F
   ALL  THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF GRAND ISLAND,
 COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 66, ON  SAID
 ISLAND, BOUNDED AND DESCRIBED AS FOLLOWS:
   COMMENCING AT THE NORTHEAST COMER OF LOT NO. 66; THENCE WESTERLY ALONG
 THE  NORTHERLY  LINE OF LOT NO. 66, 848.85 FEET TO ITS INTERSECTION WITH
 THE NORTHEASTERLY LINE OF THE NEW YORK STATE THRUWAY; THENCE  SOUTHEAST-
 ERLY  ALONG  THE  NORTHEASTERLY LINE OF SAID THRUWAY 440.26 FEET; THENCE
 NORTHERLY IN A STRAIGHT LINE 767 FEET TO THE PLACE OF BEGINNING.
   PARCEL G
   ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF GRAND  ISLAND,
 COUNTY  OF  ERIE  AND STATE OF NEW YORK, BEING PARTS OF LOTS NOS. 82 AND
 83, ON SAID ISLAND, BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT THE POINT OF THE INTERSECTION OF THE  SOUTHWESTERLY  LINE
 OF  GRAND  ISLAND  CONNECTING  BOULEVARD  AND THE EASTERLY LINE OF LANDS
 CONVEYED TO GEORGE J. STORTZ, BY DEED RECORDED IN  ERIE  COUNTY  CLERK'S
 OFFICE IN LIBER 325 OF DEEDS AT PAGE 610; THENCE NORTHWESTERLY ALONG THE
 SOUTHWESTERLY  LINE  OF  GRAND  ISLAND  CONNECTING  BOULEVARD, 200 FEET;
 THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF  GRAND
 ISLAND  CONNECTING BOULEVARD, 1871.45 FEET TO THE SOUTH LINE OF SAID LOT
 NO. 82 AND 83, 1688.78 FEET TO THE EASTERLY  LINE  OF  LANDS  DEEDED  TO
 STORTZ,  AS  AFORESAID; THENCE NORTHERLY ALONG THE SAID LINE OF STORTZ'S
 LAND 861.40 FEET TO THE POINT OF BEGINNING.
   PARCEL H
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN  OF  WILMINGTON,
 COUNTY  OF  ESSEX,  STATE OF NEW YORK, BEING A PART OF LOT 28, MALLORY'S
 GRANT, AND OF LOTS 7 AND B, JAY TRACT, BEING BOUNDED  AND  DESCRIBED  AS
 FOLLOWS:
   BEGINNING  AT  A POINT WHICH MARKS THE INTERSECTION OF THE CENTER LINE
 OF NEW YORK STATE HIGHWAY, ROUTE 86, WITH THE CENTER LINE  OF  FOX  FARM
 ROAD, SO-CALLED;
   RUNNING THENCE ALONG THE CENTER LINE OF FOX FARM ROAD IN THE FOLLOWING
 SIX COURSES:
   S 69° 33' E, 200.0 FEET;
   S 72° 32' E, 200.0 FEET;
   S 76° 46' E, 200.0 FEET;
   S 80° 15' E, 1100.0 FEET;
   S 77° 38' E, 380.0 FEET;
 A. 7688                             9
 
   S  73°  16'  E,  494.6  FEET TO A POINT IN THE SOUTHWESTERLY CORNER OF
 29.78 ACRE PARCEL HERETOFORE  CONVEYED  BY  CARL  STEINHOFF  AND  BERTHA
 STEINHOFF TO WINFIELD D. DAVIS AND MARCELINE M. DAVIS;
   RUNNING  THENCE ALONG THE GENERAL WESTERLY BOUNDS OF SAID DAVIS PARCEL
 IN THE FOLLOWING THREE COURSES:
   N 18° 21' 30" E, A DISTANCE OF 31.9 FEET TO A 1" PIPE;
   N 18° 21' 30" E, 461.0 FEET TO A 1" PIPE;
   N 18° 21' 30" E, 829.7 FEET TO A 1"  PIPE,  WHICH  MARKS  THE  GENERAL
 NORTHWEST CORNER OF SAID DAVIS PARCEL;
   RUNNING  THENCE  IN THE SAME COURSE, N 18° 21' 30" E, AND IN AN EXTEN-
 SION NORTHERLY OF THE  WESTERLY  BOUNDARY  LINE  OF  SAID  DAVIS  PARCEL
 SO-CALLED,  A  DISTANCE  OF  213  FEET,  MORE OR LESS, TO A POINT IN THE
 SOUTHERLY BOUNDARY LINE OF SAID PREMISES REPUTEDLY OWNED BY MABEL  DEMA-
 SI;
   RUNNING  THENCE  N 60° 57' W, AND ALONG THE GENERAL SOUTHERLY BOUNDARY
 LINE OF SAID DEMASI PROPERTY, SO-CALLED, A DISTANCE OF 475 FEET, MORE OR
 LESS, TO A 1/4 PIPE SET IN A SMALL PILE OF STONES, WHICH POINT IS REPUT-
 ED TO BE ON THE DIVISION LINE OF LOTS 28/29;
   RUNNING THENCE N 30° 02' 30" E. AND ALONG THE GENERAL WESTERLY  BOUNDS
 OF  SAID  DEMASI PROPERTY, SO-CALLED, A DISTANCE OF 305.9 FEET TO A 1/4"
 PIPE SET AT THE EASTERLY FACE OF A 6 FOOT HIGH BOULDER AT  OR  NEAR  THE
 GENERAL SOUTHERLY BANK OF THE AUSABLE RIVER;
   RUNNING  THENCE  UPSTREAM  ALONG OR NEARLY ALONG THE SOUTHERLY BANK OF
 THE AUSABLE RIVER IN THE FOLLOWING NINE COURSES:
   N 64° 38' W, 168.2 FEET;
   N 55° 27' W, 186.6 FEET;
   N 87° 01' W, 151.4 FEET;
   S 53° 08' W, 279.9 FEET;
   S 50° 39' W, 97.0 FEET;
   S 54° 52' W, 149.9 FEET;
   S 81° 52' W, 186.6 FEET;
   N 76° 04' 30" W, 312.0 FEET;
   S 57° 33' W, 680.0 FEET TO A POINT ON THE BRIDGE SPANNING  TO  AUSABLE
 RIVER, WHICH POINT LIES OVER THE SOUTHERLY BANK OF SAID RIVER;
   RUNNING  THENCE  ALONG  THE CENTER OR NEARLY IN THE CENTER OF SAID NEW
 YORK STATE HIGHWAY, ROUTE 86, IN THE FOLLOWING FIVE COURSES:
   S 20° 50' W, 119.0 FEET;
   S 26° SO' W, 200.0 FEET;
   S 39° 34' W, 200.0 FEET;
   S 45° 08' W, 400.0 FEET;
   S 49° 45" W, 300.0 FEET TO THE POINT OR PLACE OF BEGINNING.
   EXCEPTING ALL THOSE PORTIONS, RIGHTS AND PRIVILEGES  WHICH  HAVE  BEEN
 ACQUIRED  BY  THE  STATE  OF  NEW  YORK  AND COUNTY OF ESSEX FOR HIGHWAY
 PURPOSES.
   EXCEPTING PREMISES CONVEYED BY DEED  FROM  YATES-PRIME,  LTD.  TO  THE
 PEOPLE  OF THE STATE OF NEW YORK, ACTING BY AND THROUGH THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK DATED JANUARY 24,
 1996 AND RECORDED MAY 29, 1996 IN BOOK 1111 AT PAGE 116.
   EXCEPTING AND RESERVING PREMISES CONVEYED  BY  DEED  FROM  RICHARD  H.
 NAGAMINE, JR. AND SYLVIA E. NAGAMINE TO YATES PRIME, LTD. DATED NOVEMBER
 9, 2000 AND RECORDED JANUARY 3, 2001 IN BOOK 1272 AT PAGE 1.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to subparagraph (xviii) of paragraph (a)  of  subdivision
 13  of section 106 of the alcoholic beverage control law made by section
 three of this act shall not affect the expiration of  such  subparagraph
 and  shall  expire  and be deemed repealed therewith; provided, further,
 A. 7688                            10
 
 that the amendments to subparagraph (xviii) of paragraph (a) of subdivi-
 sion 13 of section 106 of the alcoholic beverage  control  law  made  by
 section four of this act shall not affect the expiration of such subpar-
 agraph  and shall expire and be deemed repealed therewith; and provided,
 further, that upon the sale or  transfer  of  the  parcels  detailed  in
 subparagraph (xxii) of paragraph (a) of subdivision 13 of section 106 of
 the alcoholic beverage control law as added by section five of this act,
 such  subparagraph shall expire and be deemed repealed unless the licen-
 see 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 leasehold of the parcel detailed
 in subparagraph (xxii) 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 legislative law and section 70-b of  the
 public officers law.