NY State Senate Bill 2023-S7467

Senate Bill S7467

2023-2024 Legislative Session

Relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages on licensees who sell at retail and for on-premises consumption

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Current Bill Status - In Senate Committee Investigations And Government Operations Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
May 30, 2023	referred to investigations and government operations

2023-S7467 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101 & 106, ABC L

2023-S7467 (ACTIVE) - Summary

Exempts certain pieces of property from licensing restrictions for manufacturers and wholesalers of alcoholic beverages on licensees who sell at retail and for on-premises consumption.

2023-S7467 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7467

SPONSOR: BRESLIN
 
TITLE OF BILL:

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 and for on-premises consump-
tion

 
PURPOSE OR GENERAL IDEA OF BILL:

To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers, wholesalers
and retailers from sharing an interest in a liquor license.

 
SUMMARY OF PROVISIONS:

This legislation makes technical amendments to the Alcoholic Beverage
Control Law to expand an existing tied house exemption in Saratoga and
Albany County.

 
JUSTIFICATION:

Since the 1930s, when Prohibition was repealed, New York State law has
restricted owners of alcohol manufacturer's licenses, wholesale licenses
and retail licenses from having an interest in each other.  Known as the
"tied-house" laws, efforts have been made to modernize the law by
addressing these types of archaic ownership issues. In the meantime,
this bill exempts specific locations from these provisions of law to
enable.

These provisions have been amended on occasion by exempting certain
properties to support local economic development goals. Exemptions, such
as the one provided by this bill, are narrowly tailored to prevent undue
market influence by identifying select parcels using metes and bounds
descriptions. A licensee can only make use of this kind of exemption if
each of its New York-based alcohol manufacturing, wholesale and retail
business parcels are exempted.

The amendments in this legislation will allow Common Roots Brewing
Company, Inc., a family owned and operated business located out of South
Glens Falls, New York, to own and operate their existing brewery at 58
Saratoga Avenue in South Glens Falls, open a currently in construction
brewery and related facilities across the street in South Glens Falls,
and also allow for the acquisition of Albany based C.H. Evans Brewing
Co., Inc., one of New York's oldest breweries, by the Common Roots Brew-
ing family of businesses. The legislation will allow for the continuance
of on premises licensing and services at the locations, which will drive
economic development and growth for South Glens Falls and the Quacken-
bush neighborhood in Albany.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This legislation will take effect immediately.

2023-S7467 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7467
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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
   licensing  restrictions for manufacturers and wholesalers of alcoholic
   beverages on licensees who sell at retail and for on-premises consump-
   tion
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (xiv)  of paragraph (a) of subdivision 1 of
 section 101 of the alcoholic beverage control law, as separately amended
 by chapters 328 and 348 of the laws of 2022, and as renumbered by  chap-
 ter  304  of  the  laws  of 2022, is amended and three new subparagraphs
 (xvii), (xviii) and (xix) are added to read as follows:
   (xiv) [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] ALL THAT CERTAIN PARCEL OF LAND,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11671-01-3
 S. 7467                             2

 
 BEING SITUATE IN THE VILLAGE OF SOUTH GLENS FALLS,  COUNTY  OF  SARATOGA
 AND STATE OF NEW YORK, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT AT INTERSECTION OF THE WESTERLY BOUNDS OF U.S.
 ROUTE 9, SARATOGA AVENUE, WITH  THE  NORTHERLY  BOUNDS  OF  WEST  MARION
 AVENUE,  THENCE  FROM  SAID  POINT  OF BEGINNING, NORTH 67° 32' 32" WEST
 ALONG THE SAID NORTHERLY BOUNDS OF WEST MARION AVENUE, 189.29 FEET TO  A
 POINT  IN THE EASTERLY BOUNDS OF LANDS NOW OR FORMERLY OF THE VILLAGE OF
 SOUTH GLENS FALLS, PER BOOK 1448 OF DEEDS AT PAGE 709; THENCE NORTH  21°
 21'  57"  EAST,  ALONG  THE SAID EASTERLY BOUNDS OF THE VILLAGE OF SOUTH
 GLENS FALLS, 150.72 FEET, TO A POINT IN THE SOUTHERLY  BOUNDS  OF  OTHER
 LANDS  NOW OR FORMERLY OF THE VILLAGE OF SOUTH GLENS FALLS, PER BOOK 938
 OF DEEDS AT PAGE 1024; THENCE SOUTH 67° 34'  05"  EAST  ALONG  THE  SAID
 SOUTHERLY  BOUNDS OF THE VILLAGE OF SOUTH GLENS FALLS, AND THE SOUTHERLY
 BOUNDS OF LAND NOW OR FORMERLY OF MOUNIR RAHAL PER BOOK 1226 OF DEEDS AT
 PAGE 590, 189.05 FEET TO A POINT IN THE FIRST MENTIONED WESTERLY  BOUNDS
 OF  U.S.  ROUTE 9, SARATOGA AVENUE; THENCE SOUTH 21° 16' 27" WEST, ALONG
 THE SAID WESTERLY BOUNDS OF U.S. ROUTE 9, 150.81 FEET TO  THE  POINT  OF
 BEGINNING. CONTAINING 0.655 ACRES OF LAND, MORE OR LESS.
   (XVII) ALL THOSE CERTAIN PIECES, PARCEL OR LOTS OF LAND, SITUATE LYING
 AND  BEING  IN  THE VILLAGE OF SOUTH GLENS FALLS, COUNTY OF SARATOGA AND
 STATE OF NEW YORK, DESCRIBED AS FOLLOWS:
                                PARCEL NO. 1
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  VILLAGE  OF  SOUTH
 GLENS  FALLS;  COUNTY OF SARATOGA AND STATE OF NEW YORK; AND BOUNDED AND
 DESCRIBED AS FOLLOWS:
   COMMENCING AT A POINT MARKED BY AN IRON PIPE DRIVEN IN THE GROUND  FOR
 A  CORNER  IN  THE SOUTHERLY SIDE OF A NEW STREET AS LAID OUT (WHICH NEW
 STREET IS BE CALLED MARION AVENUE OR  MARION  AVENUE  WEST)  WHICH  SAID
 POINT  IS  103  FEET  WESTERLY  FROM  THE WESTERLY CURB LINE OF SARATOGA
 AVENUE; WHICH POINT ON SAID CURB LINE  IS  371  FEET  SOUTHERLY  OF  THE
 SOUTHEASTERLY  CORNER  OF  THE  RICE  CEMETERY  MEASURING ALONG SARATOGA
 AVENUE; RUNNING THENCE SOUTHERLY PARALLEL  WITH  THE  WESTERLY  LINE  OF
 SARATOGA  AVENUE  100  FEET  TO  AN IRON PIPE DRIVEN IN THE GROUND FOR A
 CORNER; RUNNING THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID
 NEW STREET 100 FEET TO AN IRON PIPE DRIVEN IN THE GROUND FOR  A  CORNER;
 RUNNING  THENCE  NORTHERLY  PARALLEL  WITH THE WESTERLY LINE OF SARATOGA
 AVENUE 100 FEET TO THE SOUTHERLY LINE OF SAID NEW STREET TO AN IRON PIPE
 DRIVEN IN THE GROUND FOR A CORNER; RUNNING  THENCE  EASTERLY  ALONG  THE
 SOUTHERLY LINE OF SAID NEW STREET 100 FEET TO THE PLACE OF BEGINNING.
                                PARCEL NO. 2
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE VILLAGE OF SOUTH
 GLENS FALLS, COUNTY OF SARATOGA AND STATE OF NEW YORK, AND  BOUNDED  AND
 DESCRIBED AS FOLLOWS:
   COMMENCING  AT  A  POINT  IN  THE  SOUTHERLY LINE OF A PROPOSED STREET
 EXTENDING FROM SARATOGA AVENUE WESTERLY AND TO BE CALLED  MARION  AVENUE
 EXTENSION  WEST,  WHICH  SAID  POINT IS TWO HUNDRED AND THREE (203) FEET
 WESTERLY OF THE WEST CURB LINE SARATOGA AVENUE AND IS MARKED BY AN  IRON
 PIPE  DRIVEN  IN THE GROUND; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY
 LINE OF SARATOGA AVENUE ONE HUNDRED (100) FEET TO AN IRON PIPE DRIVEN IN
 THE GROUND; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE  OF  MARION
 AVENUE  EXTENSION WEST FORTY-SIX (46) FEET TO AN IRON PIPE DRIVEN IN THE
 GROUND FOR A CORNER; THENCE NORTHERLY AND  PARALLEL  WITH  THE  WESTERLY
 LINE  OF SARATOGA AVENUE ONE HUNDRED (100) FEET TO THE SOUTHERLY SIDE OF
 MARION AVENUE EXTENSION WEST AND TO AN IRON PIPE DRIVEN  IN  THE  GROUND
 FOR  A CORNER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MARION AVENUE
 EXTENSION WEST FORTY-SIX (46) FEET TO THE PLACE OF BEGINNING.
 S. 7467                             3
 
                                PARCEL NO. 3
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE VILLAGE OF SOUTH
 GLENS FALLS, COUNTY OF SARATOGA AND STATE OF NEW YORK, BRIEFLY DESCRIBED
 AS FOLLOWS:
   COMMENCING AT A POINT IN THE WESTERLY CURB LINE OF SARATOGA AVENUE  AT
 THE  INTERSECTION  OF  SAID  SARATOGA AVENUE AND A PROPOSED STREET TO BE
 CALLED MARION AVENUE EXTENSION WEST, WHICH SAID POINT  OF  BEGINNING  IS
 MARKED BY AN IRON PIPE DRIVEN IN THE GROUND FOR A CORNER; RUNNING THENCE
 WESTERLY  ALONG  THE SOUTHERLY LINE OF SAID MARION AVENUE EXTENSION WEST
 ABOUT ONE HUNDRED AND THREE (103) FEET TO LANDS OF ONE LILLIAN H.  WENT-
 WORTH  AND  TO  AN  IRON  PIPE DRIVEN IN THE GROUND FOR A CORNER; THENCE
 SOUTHERLY ALONG SAID LILLIAN H. WENTWORTH'S LAND ONE HUNDRED (100)  FEET
 TO  THE  WESTERLY CURB LINE OF SARATOGA AVENUE TO AN IRON PIPE DRIVEN IN
 THE GROUND FOR A CORNER; THENCE  NORTHERLY  ALONG  SAID  CURB  LINE  ONE
 HUNDRED (100) FEET TO THE PLACE OF BEGINNING.
                                PARCEL NO. 4
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE VILLAGE OF SOUTH
 GLENS FALLS, COUNTY OF SARATOGA AND STATE OF NEW YORK  AND  BOUNDED  AND
 DESCRIBED AS FOLLOWS:
   COMMENCING AT A POINT IN THE WESTERLY CURB LINE OF SARATOGA AVENUE ONE
 HUNDRED  (100) FEET SOUTHERLY OF THE INTERSECTION OF SARATOGA AVENUE AND
 A STREET NOW OR TO BE CALLED MARION AVENUE EXTENSION  WEST,  WHICH  SAID
 POINT  OF  BEGINNING  IS  MARKED BY AN IRON PIPE DRIVEN INTO THE GROUND;
 THENCE WESTERLY AND PARALLEL WITH THE  SOUTHERLY  LINE  OF  SAID  MARION
 AVENUE EXTENSION WEST ABOUT TWO HUNDRED FORTY-NINE (249) FEET TO AN IRON
 PIPE  DRIVEN  IN THE GROUND, WHICH SAID COURSE IS ALSO PARALLEL WITH THE
 NORTHERLY LINE OF THE OLD CATHOLIC CEMETERY; THENCE SOUTHERLY FIFTY (50)
 FEET TO AN IRON PIPE DRIVEN IN THE GROUND FOR A CORNER; THENCE  WESTERLY
 AND PARALLEL WITH SAID FIRST MENTIONED LINE ABOUT TWO HUNDRED FORTY-NINE
 (249)  FEET TO THE WESTERLY CURB LINE OF SARATOGA AVENUE TO AN IRON PIPE
 DRIVEN IN THE GROUND; THENCE NORTHERLY ALONG SAID CURB LINE  FIFTY  (50)
 FEET TO THE POINT AND PLACE OF BEGINNING.
   (XVIII)  ALL  THAT  CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
 BEING IN THE CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK,  BEING
 BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF MONTGOMERY STREET AT
 A  POINT N 47°- 34'- 39" E, 149.13 FEET MEASURED ALONG THE NORTHWESTERLY
 LINE OF MONTGOMERY STREET FROM ITS INTERSECTION WITH  THE  NORTHEASTERLY
 LINE  OF  QUACKENBUSH  STREET,  SAID  POINT  BEING  ON THE SOUTHEASTERLY
 PROLONGATION OF THE SOUTHWESTERLY  FACE  OF  THE  COMMON  BUILDING  WALL
 LOCATED ON THE HEREIN DESCRIBED PREMISES, WITH THE PREMISES KNOWN AS ST.
 NO.  76 MONTGOMERY STREET TO THE SOUTHWEST; THENCE, THROUGH LANDS NOW OF
 FORMERLY OF THE CITY OF ALBANY  N 45°-23'- 47" W ALONG SAID PROLONGATION
 AND BUILDING FACE 67.33 FEET TO A POINT IN THE CENTER OF THE COMMON WALL
 BETWEEN THE HEREIN DESCRIBED PREMISES ON THE NORTHWEST   AND   AFORESAID
 PREMISES    KNOWN  AS ST. NO. 76   MONTGOMERY  STREET  ON THE SOUTHEAST;
 THENCE,  IN A SOUTHWESTERLY  DIRECTION  CONTINUING  THROUGH  THE   LANDS
 NOW  OF  FORMERLY    OF THE CITY OF ALBANY  THROUGH  THE  CENTER OF SAID
 COMMON  BUILDING WALL THE FOLLOWING THREE COURSES: 1. S 48°-08'-  42" W,
 12.90 FEET; 2. S 38°-06'- 41"  E, 0.30 FEET; AND  3.  S  47°-32'-37"  W,
 28.00  FEET TO A POINT IN THE CENTER OF THE COMMON BUILDING WALL BETWEEN
 THE PREMISES DESCRIBED HEREIN ON THE NORTHEAST AND THE PREMISES KNOWN AS
 ST. NO. 21 QUACKENBUSH  STREET  ON  THE  SOUTHWEST;  THENCE,  CONTINUING
 THROUGH THE LANDS NOW OF FORMERLY OF THE  CITY OF ALBANY AND THROUGH THE
 CENTER OF SAID COMMON BUILDING  WALL  N 43°-46'-23"  W,  74.59  FEET  TO
 A   POINT  ON  THE  NORTHWESTERLY  FACE  OF AFORESAID  BUILDING  LOCATED
 S. 7467                             4
 
 ON  THE   HEREIN   DESCRIBED PREMISES; THENCE,  CONTINUING  THROUGH  THE
 LANDS  NOW  OF FORMERLY  OF THE CITY OF ALBANY  ALONG SAID BUILDING FACE
 THE FOLLOWING TWO COURSES: 1. N 44°-41 '-14" E, 37.83  FEET;  AND  2.  N
 46°-01'-45"  W,  31.81 FEET TO A POINT; THENCE,  CONTINUING  THROUGH THE
 LANDS NOW OF FORMERLY  OF THE  CITY OF ALBANY  ALONG THE DIVISION  LINES
 BETWEEN  THE  HEREIN DESCRIBED PARCEL ON THE NORTHEAST AND THE  PREMISES
 KNOWN  AS  ST.  NO. 21 QUACKENBUSH  STREET AND 23 QUACKENBUSH STREET  ON
 THE  SOUTHWEST,  THE  FOLLOWING  THREE  COURSES: 1. S 44°-15'-00"W, 3.65
 FEET; 2. N 45°-45'-00"W, 24.01 FEET; AND 3. N 44°-15'-00"  E, 3.71  FEET
 TO A POINT IN THE DIVISION LINE BETWEEN THE HEREIN DESCRIBED PREMISES ON
 THE  SOUTHEAST  AND  THE  LANDS CONVEYED TO MICHAEL CIOFFI ET AL BY DEED
 DATED APRIL  1994 AND RECORDED IN THE ALBANY  COUNTY CLERK'S  OFFICE  ON
 SEPTEMBER   19, 1994 IN BOOK 2518 OF DEEDS AT PAGE 716 ON THE NORTHWEST;
 THENCE, ALONG SAID DIVISION LINE, THE FOLLOWING  TWO (2) COURSES: 1. 1\L
 44°- 15'-00"E,  23.53  FEET;   AND   2. S 45°-45'-00"E,   15.00    FEET;
 THENCE,  CONTINUING  ALONG AFORESAID DIVISION LINE AND IN PART ALONG THE
 NORTHEASTERLY FACE OF AFORESAID BUILDING LOCATED ON THE HEREIN DESCRIBED
 PREMISES S 45°-57'-42" E, 108.54 FEET TO THE SOUTH  WESTERLY  CORNER  OF
 AFORESAID  LANDS OF CIOFFI; THENCE, THROUGH THE LANDS NOW OF FORMERLY OF
 THE CITY OF ALBANY AND ALONG THE NORTHEASTERLY FACE OF AFORESAID  BUILD-
 ING WALL AND IN PART ALONG ITS SOUTHEASTERLY PROLONGATION, THE FOLLOWING
 TWO  COURSES:  1.  S  45°-57'-42"  E, 1.46 FEET; AND 2. S 45°-26'-38" E,
 75.94 FEET TO A POINT IN THE NORTHWESTERLY LINE  OF  MONTGOMERY  STREET;
 THENCE,  S  47°-34'-39",  W  ALONG  THE NORTHWESTERLY LINE OF MONTGOMERY
 STREET 23.42 FEET TO THE POINT AND PLACE OF BEGINNING.
   (XIX) ALL THAT CERTAIN PIECE OR PARCEL  OF  LAND  SITUATE,  LYING  AND
 BEING  IN THE CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK, BEING
 BOUNDED AND DESCRIBED AS FOLLOWS:
                                  PARCEL I
   BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF  QUACKENBUSH  STREET
 AT  ITS  INTERSECTION  WITH THE NORTHWESTERLY LINE OF MONTGOMERY STREET;
 THENCE, N 42° - 12' - 10" W, ALONG THE NORTHEASTERLY LINE OF QUACKENBUSH
 STREET 66.45 FEET TO A POINT; THENCE NORTHEASTERLY THROUGH THE LANDS NOW
 OR FORMERLY OF THE CITY OF ALBANY AND THROUGH THE CENTER OF  THE  COMMON
 BUILDING  WALLS  BETWEEN  THE HEREIN DESCRIBED PREMISES ON THE SOUTHEAST
 AND THE PREMISES KNOWN AS ST. NO. 21 QUACKENBUSH STREET, ALSO  KNOWN  AS
 THE  HENRY HUDSON PLANETARIUM AND VISITORS CENTER, ON THE NORTHWEST, THE
 FOLLOWING FOUR COURSES:
   1. N 47° - 57' - 30" E, 53.78 FEET;
   2. S 42° - 02' - 30" E, 0.37 FEET;
   3. N 48° - 12' - 03" E, 50.74 FEET; AND
   4. N 43° - 46' - 23" W, 1.88 FEET;
   THENCE, NORTHEASTERLY CONTINUING THROUGH THE LANDS NOW OR FORMERLY  OF
 THE  CITY  OF ALBANY AND THROUGH THE CENTER OF THE COMMON BUILDING WALLS
 BETWEEN THE HEREIN DESCRIBED PARCEL ON THE SOUTHEAST AND PREMISES  KNOWN
 AS  ST.  NO.  78 MONTGOMERY STREET ON THE NORTHWEST, THE FOLLOWING THREE
 (3) COURSES:
   1. N 47° - 32'  - 37" E, 28.00 FEET;
   2. N 38° - 06' - 41" W, 0.30 FEET; AND
   3. N 48° - 08' - 42" E, 12.90 FEET;
   THENCE, SOUTHEASTERLY CONTINUING THROUGH LANDS NOW OR FORMERLY OF  THE
 CITY OF ALBANY, IN PART ALONG THE SOUTHWEST FACE OF THE BUILDING WALL OF
 THE  PREMISES  KNOWN AS ST. NO. 78 MONTGOMERY STREET AND IN PART THROUGH
 THE COMMON BUILDING WALLS BETWEEN THE HEREIN DESCRIBED PREMISES  ON  THE
 SOUTHWEST  AND  78 MONTGOMERY STREET ON THE NORTHEAST, S 45° - 23' - 47"
 E, 67.33 FEET TO A POINT IN THE NORTHWESTERLY LINE OF MONTGOMERY STREET;
 S. 7467                             5
 
 THENCE, SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF MONTGOMERY  STREET
 S 47° - 34' - 39" W, 149.13 FEET TO THE POINT AND PLACE OF BEGINNING.
   THE  ABOVE  DESCRIBED  PARCEL I BEING MORE PARTICULARLY SHOWN ON A MAP
 ENTITLED "MAP OF PROPOSED SUBDIVISION OF 'QUACKENBUSH SQUARE'", PREPARED
 BY EDWARD W. BOUTELLE AND SON, A DIVISION OF J. KENNETH FRASER AND ASSO-
 CIATES, PE, LS, LA, P.C. DATED MAY 14, 1996 AND  LAST  REVISED  JULY  8,
 1996.  THIS  PARCEL IS ALSO SHOWN AND DESIGNATED AS 72 MONTGOMERY STREET
 ON A CITY OF ALBANY SUBDIVISION MAP #2095 FILED IN THE  CITY  OF  ALBANY
 ENGINEER'S OFFICE ON OCTOBER 30, 1996.
   §  2.  Paragraph (a) of subdivision 13 of section 106 of the alcoholic
 beverage control law is amended by adding four new subparagraphs  (xix),
 (xx), (xxi) and (xxii) to read as follows:
   (XIX)    ALL THAT CERTAIN PARCEL OF LAND, BEING SITUATE IN THE VILLAGE
 OF SOUTH GLENS FALLS, COUNTY OF SARATOGA AND  STATE  OF  NEW  YORK,  AND
 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT AT INTERSECTION OF THE WESTERLY BOUNDS OF U.S.
 ROUTE 9, SARATOGA AVENUE, WITH  THE  NORTHERLY  BOUNDS  OF  WEST  MARION
 AVENUE,  THENCE  FROM  SAID  POINT  OF BEGINNING, NORTH 67° 32' 32" WEST
 ALONG THE SAID NORTHERLY BOUNDS OF WEST MARION AVENUE, 189.29 FEET TO  A
 POINT  IN THE EASTERLY BOUNDS OF LANDS NOW OR FORMERLY OF THE VILLAGE OF
 SOUTH GLENS FALLS, PER BOOK 1448 OF DEEDS AT PAGE 709; THENCE NORTH  21°
 21'  57"  EAST,  ALONG  THE SAID EASTERLY BOUNDS OF THE VILLAGE OF SOUTH
 GLENS FALLS, 150.72 FEET, TO A POINT IN THE SOUTHERLY  BOUNDS  OF  OTHER
 LANDS  NOW OR FORMERLY OF THE VILLAGE OF SOUTH GLENS FALLS, PER BOOK 938
 OF DEEDS AT PAGE 1024; THENCE SOUTH 67° 34'  05"  EAST  ALONG  THE  SAID
 SOUTHERLY  BOUNDS OF THE VILLAGE OF SOUTH GLENS FALLS, AND THE SOUTHERLY
 BOUNDS OF LAND NOW OR FORMERLY OF MOUNIR RAHAL PER BOOK 1226 OF DEEDS AT
 PAGE 590, 189.05 FEET TO A POINT IN THE FIRST MENTIONED WESTERLY  BOUNDS
 OF  U.S.  ROUTE 9, SARATOGA AVENUE; THENCE SOUTH 21° 16' 27" WEST, ALONG
 THE SAID WESTERLY BOUNDS OF U.S. ROUTE 9, 150.81 FEET TO  THE  POINT  OF
 BEGINNING. CONTAINING 0.655 ACRES OF LAND, MORE OR LESS.
   (XX)  ALL  THOSE CERTAIN PIECES, PARCEL OR LOTS OF LAND, SITUATE LYING
 AND BEING IN THE VILLAGE OF SOUTH GLENS FALLS, COUNTY  OF  SARATOGA  AND
 STATE OF NEW YORK, DESCRIBED AS FOLLOWS:
                                PARCEL NO. 1
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE VILLAGE OF SOUTH
 GLENS FALLS; COUNTY OF SARATOGA AND STATE OF NEW YORK; AND  BOUNDED  AND
 DESCRIBED AS FOLLOWS:
   COMMENCING  AT A POINT MARKED BY AN IRON PIPE DRIVEN IN THE GROUND FOR
 A CORNER IN THE SOUTHERLY SIDE OF A NEW STREET AS LAID  OUT  (WHICH  NEW
 STREET  IS  BE  CALLED  MARION  AVENUE OR MARION AVENUE WEST) WHICH SAID
 POINT IS 103 FEET WESTERLY FROM  THE  WESTERLY  CURB  LINE  OF  SARATOGA
 AVENUE;  WHICH  POINT  ON  SAID  CURB  LINE IS 371 FEET SOUTHERLY OF THE
 SOUTHEASTERLY CORNER OF  THE  RICE  CEMETERY  MEASURING  ALONG  SARATOGA
 AVENUE;  RUNNING  THENCE  SOUTHERLY  PARALLEL  WITH THE WESTERLY LINE OF
 SARATOGA AVENUE 100 FEET TO AN IRON PIPE DRIVEN  IN  THE  GROUND  FOR  A
 CORNER; RUNNING THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID
 NEW  STREET  100 FEET TO AN IRON PIPE DRIVEN IN THE GROUND FOR A CORNER;
 RUNNING THENCE NORTHERLY PARALLEL WITH THE  WESTERLY  LINE  OF  SARATOGA
 AVENUE 100 FEET TO THE SOUTHERLY LINE OF SAID NEW STREET TO AN IRON PIPE
 DRIVEN  IN  THE  GROUND  FOR A CORNER; RUNNING THENCE EASTERLY ALONG THE
 SOUTHERLY LINE OF SAID NEW STREET 100 FEET TO THE PLACE OF BEGINNING.
                                PARCEL NO. 2
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  VILLAGE  OF  SOUTH
 GLENS  FALLS,  COUNTY OF SARATOGA AND STATE OF NEW YORK, AND BOUNDED AND
 DESCRIBED AS FOLLOWS:
 S. 7467                             6
 
   COMMENCING AT A POINT IN THE  SOUTHERLY  LINE  OF  A  PROPOSED  STREET
 EXTENDING  FROM  SARATOGA AVENUE WESTERLY AND TO BE CALLED MARION AVENUE
 EXTENSION WEST, WHICH SAID POINT IS TWO HUNDRED  AND  THREE  (203)  FEET
 WESTERLY  OF THE WEST CURB LINE SARATOGA AVENUE AND IS MARKED BY AN IRON
 PIPE  DRIVEN  IN THE GROUND; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY
 LINE OF SARATOGA AVENUE ONE HUNDRED (100) FEET TO AN IRON PIPE DRIVEN IN
 THE GROUND; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE  OF  MARION
 AVENUE  EXTENSION WEST FORTY-SIX (46) FEET TO AN IRON PIPE DRIVEN IN THE
 GROUND FOR A CORNER; THENCE NORTHERLY AND  PARALLEL  WITH  THE  WESTERLY
 LINE  OF SARATOGA AVENUE ONE HUNDRED (100) FEET TO THE SOUTHERLY SIDE OF
 MARION AVENUE EXTENSION WEST AND TO AN IRON PIPE DRIVEN  IN  THE  GROUND
 FOR  A CORNER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MARION AVENUE
 EXTENSION WEST FORTY-SIX (46) FEET TO THE PLACE OF BEGINNING.
                                PARCEL NO. 3
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  VILLAGE  OF  SOUTH
 GLENS FALLS, COUNTY OF SARATOGA AND STATE OF NEW YORK, BRIEFLY DESCRIBED
 AS FOLLOWS:
   COMMENCING  AT A POINT IN THE WESTERLY CURB LINE OF SARATOGA AVENUE AT
 THE INTERSECTION OF SAID SARATOGA AVENUE AND A  PROPOSED  STREET  TO  BE
 CALLED  MARION  AVENUE  EXTENSION WEST, WHICH SAID POINT OF BEGINNING IS
 MARKED BY AN IRON PIPE DRIVEN IN THE GROUND FOR A CORNER; RUNNING THENCE
 WESTERLY ALONG THE SOUTHERLY LINE OF SAID MARION AVENUE  EXTENSION  WEST
 ABOUT  ONE HUNDRED AND THREE (103) FEET TO LANDS OF ONE LILLIAN H. WENT-
 WORTH AND TO AN IRON PIPE DRIVEN IN THE  GROUND  FOR  A  CORNER;  THENCE
 SOUTHERLY  ALONG SAID LILLIAN H. WENTWORTH'S LAND ONE HUNDRED (100) FEET
 TO THE WESTERLY CURB LINE OF SARATOGA AVENUE TO AN IRON PIPE  DRIVEN  IN
 THE  GROUND  FOR  A  CORNER;  THENCE  NORTHERLY ALONG SAID CURB LINE ONE
 HUNDRED (100) FEET TO THE PLACE OF BEGINNING.
                                PARCEL NO. 4
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE  IN  THE  VILLAGE  OF  SOUTH
 GLENS  FALLS,  COUNTY  OF SARATOGA AND STATE OF NEW YORK AND BOUNDED AND
 DESCRIBED AS FOLLOWS:
   COMMENCING AT A POINT IN THE WESTERLY CURB LINE OF SARATOGA AVENUE ONE
 HUNDRED (100) FEET SOUTHERLY OF THE INTERSECTION OF SARATOGA AVENUE  AND
 A  STREET  NOW  OR TO BE CALLED MARION AVENUE EXTENSION WEST, WHICH SAID
 POINT OF BEGINNING IS MARKED BY AN IRON PIPE  DRIVEN  INTO  THE  GROUND;
 THENCE  WESTERLY  AND  PARALLEL  WITH  THE SOUTHERLY LINE OF SAID MARION
 AVENUE EXTENSION WEST ABOUT TWO HUNDRED FORTY-NINE (249) FEET TO AN IRON
 PIPE DRIVEN IN THE GROUND, WHICH SAID COURSE IS ALSO PARALLEL  WITH  THE
 NORTHERLY LINE OF THE OLD CATHOLIC CEMETERY; THENCE SOUTHERLY FIFTY (50)
 FEET  TO AN IRON PIPE DRIVEN IN THE GROUND FOR A CORNER; THENCE WESTERLY
 AND PARALLEL WITH SAID FIRST MENTIONED LINE ABOUT TWO HUNDRED FORTY-NINE
 (249) FEET TO THE WESTERLY CURB LINE OF SARATOGA AVENUE TO AN IRON  PIPE
 DRIVEN  IN  THE GROUND; THENCE NORTHERLY ALONG SAID CURB LINE FIFTY (50)
 FEET TO THE POINT AND PLACE OF BEGINNING.
   (XXI) ALL THAT CERTAIN PIECE OR PARCEL  OF  LAND  SITUATE,  LYING  AND
 BEING  IN THE CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK, BEING
 BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF MONTGOMERY STREET AT
 A POINT N 47°- 34'- 39" E, 149.13 FEET MEASURED ALONG THE  NORTHWESTERLY
 LINE  OF  MONTGOMERY STREET FROM ITS INTERSECTION WITH THE NORTHEASTERLY
 LINE OF QUACKENBUSH  STREET,  SAID  POINT  BEING  ON  THE  SOUTHEASTERLY
 PROLONGATION  OF  THE  SOUTHWESTERLY  FACE  OF  THE COMMON BUILDING WALL
 LOCATED ON THE HEREIN DESCRIBED PREMISES, WITH THE PREMISES KNOWN AS ST.
 NO. 76 MONTGOMERY STREET TO THE SOUTHWEST; THENCE, THROUGH LANDS NOW  OF
 FORMERLY OF THE CITY OF ALBANY  N 45°-23'- 47" W ALONG SAID PROLONGATION
 S. 7467                             7
 
 AND BUILDING FACE 67.33 FEET TO A POINT IN THE CENTER OF THE COMMON WALL
 BETWEEN  THE  HEREIN DESCRIBED PREMISES ON THE NORTHWEST  AND  AFORESAID
 PREMISES  KNOWN AS ST. NO. 76   MONTGOMERY   STREET   ON THE  SOUTHEAST;
 THENCE,   IN A SOUTHWESTERLY  DIRECTION  CONTINUING  THROUGH  THE  LANDS
 NOW OF FORMERLY  OF THE CITY OF ALBANY   THROUGH   THE   CENTER OF  SAID
 COMMON  BUILDING WALL THE FOLLOWING THREE COURSES: 1. S 48°-08'-  42" W,
 12.90  FEET;  2.  S 38°-06'- 41"   E, 0.30 FEET; AND 3. S 47°-32'-37" W,
 28.00 FEET TO A POINT IN THE CENTER OF THE COMMON BUILDING WALL  BETWEEN
 THE PREMISES DESCRIBED HEREIN ON THE NORTHEAST AND THE PREMISES KNOWN AS
 ST.  NO.  21  QUACKENBUSH  STREET  ON  THE SOUTHWEST; THENCE, CONTINUING
 THROUGH THE LANDS NOW OF FORMERLY OF THE  CITY OF ALBANY AND THROUGH THE
 CENTER OF SAID COMMON BUILDING  WALL  N 43°-46'-23"  W,  74.59  FEET  TO
 A  POINT  ON  THE  NORTHWESTERLY  FACE  OF AFORESAID  BUILDING   LOCATED
 ON    THE    HEREIN   DESCRIBED PREMISES; THENCE, CONTINUING THROUGH THE
 LANDS NOW OF FORMERLY  OF THE CITY OF ALBANY  ALONG SAID  BUILDING  FACE
 THE  FOLLOWING  TWO  COURSES:  1. N 44°-41 '-14" E, 37.83 FEET; AND 2. N
 46°-01'-45" W, 31.81 FEET TO A POINT; THENCE,  CONTINUING   THROUGH  THE
 LANDS  NOW OF FORMERLY  OF THE  CITY OF ALBANY  ALONG THE DIVISION LINES
 BETWEEN THE HEREIN DESCRIBED PARCEL ON THE NORTHEAST AND THE    PREMISES
 KNOWN   AS  ST.  NO. 21 QUACKENBUSH  STREET AND 23 QUACKENBUSH STREET ON
 THE SOUTHWEST, THE FOLLOWING THREE  COURSES:  1.  S  44°-15'-00"W,  3.65
 FEET;  2. N 45°-45'-00"W, 24.01 FEET; AND 3. N 44°-15'-00"  E, 3.71 FEET
 TO A POINT IN THE DIVISION LINE BETWEEN THE HEREIN DESCRIBED PREMISES ON
 THE SOUTHEAST AND THE LANDS CONVEYED TO MICHAEL CIOFFI  ET  AL  BY  DEED
 DATED  APRIL   1994 AND RECORDED IN THE ALBANY  COUNTY CLERK'S OFFICE ON
 SEPTEMBER  19, 1994 IN BOOK 2518 OF DEEDS AT PAGE 716 ON THE  NORTHWEST;
 THENCE, ALONG SAID DIVISION LINE, THE FOLLOWING  TWO (2) COURSES: 1. 1\L
 44°-  15'-00"E,   23.53   FEET;   AND   2. S 45°-45'-00"E,  15.00  FEET;
 THENCE, CONTINUING  ALONG AFORESAID DIVISION LINE AND IN PART ALONG  THE
 NORTHEASTERLY FACE OF AFORESAID BUILDING LOCATED ON THE HEREIN DESCRIBED
 PREMISES  S  45°-57'-42"  E, 108.54 FEET TO THE SOUTH WESTERLY CORNER OF
 AFORESAID LANDS OF CIOFFI; THENCE, THROUGH THE LANDS NOW OF FORMERLY  OF
 THE  CITY OF ALBANY AND ALONG THE NORTHEASTERLY FACE OF AFORESAID BUILD-
 ING WALL AND IN PART ALONG ITS SOUTHEASTERLY PROLONGATION, THE FOLLOWING
 TWO COURSES: 1. S 45°-57'-42" E, 1.46 FEET;  AND  2.  S  45°-26'-38"  E,
 75.94  FEET  TO  A POINT IN THE NORTHWESTERLY LINE OF MONTGOMERY STREET;
 THENCE, S 47°-34'-39", W ALONG  THE  NORTHWESTERLY  LINE  OF  MONTGOMERY
 STREET 23.42 FEET TO THE POINT AND PLACE OF BEGINNING.
   (XXII)  ALL  THAT  CERTAIN  PIECE OR PARCEL OF LAND SITUATE, LYING AND
 BEING IN THE CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK,  BEING
 BOUNDED AND DESCRIBED AS FOLLOWS:
                                  PARCEL I
   BEGINNING  AT  A POINT IN THE NORTHEASTERLY LINE OF QUACKENBUSH STREET
 AT ITS INTERSECTION WITH THE NORTHWESTERLY LINE  OF  MONTGOMERY  STREET;
 THENCE, N 42° - 12' - 10" W, ALONG THE NORTHEASTERLY LINE OF QUACKENBUSH
 STREET 66.45 FEET TO A POINT; THENCE NORTHEASTERLY THROUGH THE LANDS NOW
 OR  FORMERLY  OF THE CITY OF ALBANY AND THROUGH THE CENTER OF THE COMMON
 BUILDING WALLS BETWEEN THE HEREIN DESCRIBED PREMISES  ON  THE  SOUTHEAST
 AND  THE  PREMISES KNOWN AS ST. NO. 21 QUACKENBUSH STREET, ALSO KNOWN AS
 THE HENRY HUDSON PLANETARIUM AND VISITORS CENTER, ON THE NORTHWEST,  THE
 FOLLOWING FOUR COURSES:
   5. N 47° - 57' - 30" E, 53.78 FEET;
   6. S 42° - 02' - 30" E, 0.37 FEET;
   7. N 48° - 12' - 03" E, 50.74 FEET; AND
   8. N 43° - 46' - 23" W, 1.88 FEET;
 S. 7467                             8
 
   THENCE,  NORTHEASTERLY CONTINUING THROUGH THE LANDS NOW OR FORMERLY OF
 THE CITY OF ALBANY AND THROUGH THE CENTER OF THE COMMON  BUILDING  WALLS
 BETWEEN  THE HEREIN DESCRIBED PARCEL ON THE SOUTHEAST AND PREMISES KNOWN
 AS ST. NO. 78 MONTGOMERY STREET ON THE NORTHWEST,  THE  FOLLOWING  THREE
 (3) COURSES:
   4. N 47° - 32'  - 37" E, 28.00 FEET;
   5. N 38° - 06' - 41" W, 0.30 FEET; AND
   6. N 48° - 08' - 42" E, 12.90 FEET;
   Thence,  southeasterly continuing through lands now or formerly of the
 City of Albany, in part along the southwest face of the building wall of
 the premises known as St. No. 78 Montgomery Street and in  part  through
 the  common  building walls between the herein described premises on the
 southwest and 78 Montgomery Street on the northeast, S 45° - 23'  -  47"
 E, 67.33 feet to a point in the northwesterly line of Montgomery Street;
 thence,  southwesterly along the northwesterly line of Montgomery Street
 S 47° - 34' - 39" W, 149.13 feet to the point and place of beginning.
   The above described Parcel I being more particularly shown  on  a  map
 entitled "MAP OF PROPOSED SUBDIVISION OF 'QUACKENBUSH SQUARE'", prepared
 by Edward W. Boutelle and Son, a division of J. Kenneth Fraser and Asso-
 ciates,  PE,  LS,  LA,  P.C. dated May 14, 1996 and last revised July 8,
 1996. This parcel is also shown and designated as 72  Montgomery  Street
 on  a  City  of Albany Subdivision Map #2095 filed in the City of Albany
 Engineer's Office on October 30, 1996.
   § 3. This act shall take effect immediately.

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