S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8913--A
     Cal. No. 1436
 
                             I N  S E N A T E
 
                              March 27, 2024
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- committee discharged and said bill committed to the
   Committee on Commerce, Economic  Development  and  Small  Business  --
   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 an
   exemption for certain property from the prohibition of  alcohol  sales
   within  a certain distance from a school; and providing for the repeal
   of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
 control law is amended by adding a  new  paragraph  (e-16)  to  read  as
 follows:
   (E-16)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, THE  AUTHORITY  MAY  ISSUE  A  RETAIL  LICENSE  FOR  ON-PREMISES
 CONSUMPTION  FOR  A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A
 BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
 PLACE  OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE
 SALE OF FOOD OR BEVERAGES AT RETAIL  FOR  CONSUMPTION  ON  THE  PREMISES
 LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN, COUNTY
 OF  NEW  YORK,  CITY  AND  STATE  OF  NEW YORK, BOUNDED AND DESCRIBED AS
 FOLLOWS:
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
 IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF
 MANHATTAN, COUNTY, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED  AS
 FOLLOWS:
   BEGINNING  AT  THE CORNER FORMED BY INTERSECTION OF THE NORTHERLY SIDE
 OF TWENTY-NINTH STREET WITH  THE  EASTERLY  SIDE  OF  THIRD  AVENUE  AND
 RUNNING  THENCE NORTHERLY ALONG THE EASTERLY SIDE OF SAID AVENUE TWENTY-
 FOUR (24) FEET AND FOUR AND ONE-QUARTER (4-1/4) INCHES, THENCE  EASTERLY
 AND  PARALLEL  WITH TWENTY-NINTH STREET AND FIFTY-NINE (59) FEET, THENCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14972-02-4
 S. 8913--A                          2
 
 SOUTHERLY PARALLEL WITH SAID AVENUE, TWENTY-FOUR FEET AND FOUR AND  ONE-
 QUARTER  (4-1/4) INCHES TO TWENTY-NINTH STREET AND THENCE WESTERLY ALONG
 TWENTY-NINTH STREET, FIFTY-NINE FEET TO THE POINT OF PLACE OF BEGINNING.
   SAID  PREMISES  BEING  KNOWN  AS  AND LOCATED AT 415 THIRD AVENUE, NEW
 YORK, NEW YORK AND DESIGNATED AS BLOCK 910 LOT 1 AS SHOWN ON THE TAX MAP
 OF THE CITY OF NEW YORK, COUNTY OF NEW YORK.
   SAID PREMISES BEING AND INTENDED TO BE THE SAME PREMISES  CONVEYED  TO
 THE  PARTY  OF  THE  FIRST  PART BY DEED DATED 8/23/2013 AND RECORDED ON
 11/15/2013 IN THE NEW YORK CITY REGISTER'S OFFICE AS CRFN 2013000471055.
   § 2. This act shall take effect immediately; provided,  however,  that
 upon  the sale or transfer of the parcel detailed in paragraph (e-16) of
 subdivision 7 of section 64 of the alcoholic  beverage  control  law  as
 added  by  section  one  of this act, such paragraph shall expire and be
 deemed repealed unless the licensee immediately obtains a leasehold upon
 such sale or transfer of such parcel as part of the sale or transfer. If
 the licensee obtains such a leasehold, such paragraph (e-16)  pertaining
 to  such  parcel  shall  expire  and  be deemed repealed upon the end or
 termination of such lease; and provided, further, that the chair of  the
 state  liquor  authority  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of such sale, transfer or termination  of
 the  leasehold 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.