Bill Text: NY A04051 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Exempts certain parcels of land containing the Smith Opera House from licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-06-05 - substituted by s4999b [A04051 Detail]

Download: New_York-2023-A04051-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4051

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
          tee on Economic Development

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          exempting certain parcels of land from licensing restrictions  prohib-
          iting  manufacturers, wholesalers and retailers of alcoholic beverages
          from sharing an interest in a licensed premises

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 1 of section 101 of the alco-
     2  holic beverage control law is  amended  by  adding  a  new  subparagraph
     3  (xvii) to read as follows:
     4    (xvii)  All that certain lot, piece or parcel of land, with the build-
     5  ings and improvements thereon erected, situate, lying and being  on  the
     6  northerly side of Seneca Street in the city of Geneva, county of Ontario
     7  and  state  of  New  York,  more  particularly  bounded and described as
     8  follows:
     9    PARCEL 1
    10  BEGINNING at a point in the northerly line of  said  Seneca  street  and
    11  distant  one  hundred  eighteen  and  five-tenths (118.5) feet westerly,
    12  measured along said northerly line of Seneca Street, from  the  westerly
    13  line  of  Linden Street, as at present monumented by the city of Geneva;
    14  thence running (1) northerly at an angle in the  northwest  quadrant  of
    15  ninety  (90)  degrees,  sixteen  (16) minutes with the northerly line of
    16  Seneca Street a distance  of  one  hundred  ninety-two  and  five-tenths
    17  (192.5)  feet,  more  or  less,  to a point in the old line fence, which
    18  point is the northeasterly corner of the premises;  thence  running  (2)
    19  westerly along said old line fence at an angle in the northwest quadrant
    20  of  eighty-five (85) degrees, fifty-two (52) minutes with the line fence
    21  herein described a distance of seventy-eight and two-tenths (78.2)  feet
    22  to  a  point;  thence running (3) northerly at an angle in the northeast
    23  quadrant of ninety-four (94) degrees, four (4)  minutes  with  the  last

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08002-01-3
        A. 4051                             2

     1  described  course  and along a jog in said fence a distance of three and
     2  five-tenths (3.5) feet, more or less, to a  point;  thence  running  (4)
     3  westerly  and  continuing along said old fence line a distance of eleven
     4  and  five-tenths  (11.5)  feet, more or less, to a point, which point is
     5  the northwest corner of the premises, and running thence (5) in a south-
     6  erly direction a distance of two hundred two (202) feet, more  or  less,
     7  to  the  northerly  line of said Seneca Street, as now monumented, which
     8  point is the southwest corner of the premises, and  running  thence  (6)
     9  along the northerly line of said Seneca Street a distance of eighty-nine
    10  and seven-tenths (89.7) feet to the point or place of beginning.
    11  PARCEL 2
    12  All  that  certain  lot,  piece or parcel of land situate in the city of
    13  Geneva, County of Ontario and  state  of  New  York,  more  particularly
    14  bounded and described as follows:
    15  Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,
    16  said  point  being  one foot south of the south wall of the present barn
    17  now on said land, and running thence southerly  about  twenty-nine  (29)
    18  feet,  more  or  less, to the north line of the lands of the S-G Theatre
    19  Corporation; thence westerly along the north line of the land of the S-G
    20  Corporation thirty-three (33) feet to  a  point;  thence  northerly  and
    21  parallel with the first course hereof and along the westerly line of the
    22  lands  of  Agnes Dempsey Doxsee to a point; which point if measured in a
    23  straight line east and west would be one (1) foot  south  of  the  south
    24  line  of the present barn; thence easterly thirty-three (33) feet to the
    25  place of beginning.
    26  Being the same premises shown on a map of a survey prepared  by  William
    27  J.    Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C) filed in
    28  the Ontario County Clerk's office.
    29    § 2. Paragraph (a) of subdivision 13 of section 106 of  the  alcoholic
    30  beverage  control  law  is amended by adding a new subparagraph (xix) to
    31  read as follows:
    32    (xix) All that certain lot, piece or parcel of land, with  the  build-
    33  ings  and  improvements thereon erected, situate, lying and being on the
    34  northerly side of Seneca Street in the city of Geneva, county of Ontario
    35  and state of New  York,  more  particularly  bounded  and  described  as
    36  follows:
    37  PARCEL 1
    38  BEGINNING  at  a  point  in the northerly line of said Seneca street and
    39  distant one hundred eighteen  and  five-tenths  (118.5)  feet  westerly,
    40  measured  along  said northerly line of Seneca Street, from the westerly
    41  line of Linden Street, as at present monumented by the city  of  Geneva;
    42  thence  running  (1)  northerly at an angle in the northwest quadrant of
    43  ninety (90) degrees, sixteen (16) minutes with  the  northerly  line  of
    44  Seneca  Street  a  distance  of  one  hundred ninety-two and five-tenths
    45  (192.5) feet, more or less, to a point in  the  old  line  fence,  which
    46  point  is  the  northeasterly corner of the premises; thence running (2)
    47  westerly along said old line fence at an angle in the northwest quadrant
    48  of eighty-five (85) degrees, fifty-two (52) minutes with the line  fence
    49  herein  described a distance of seventy-eight and two-tenths (78.2) feet
    50  to a point; thence running (3) northerly at an angle  in  the  northeast
    51  quadrant  of  ninety-four  (94)  degrees, four (4) minutes with the last
    52  described course and along a jog in said fence a distance of  three  and
    53  five-tenths  (3.5)  feet,  more  or less, to a point; thence running (4)
    54  westerly and continuing along said old fence line a distance  of  eleven
    55  and  five-tenths  (11.5)  feet, more or less, to a point, which point is
    56  the northwest corner of the premises, and running thence (5) in a south-
        A. 4051                             3

     1  erly direction a distance of two hundred two (202) feet, more  or  less,
     2  to  the  northerly  line of said Seneca Street, as now monumented, which
     3  point is the southwest corner of the premises, and  running  thence  (6)
     4  along the northerly line of said Seneca Street a distance of eighty-nine
     5  and seven-tenths (89.7) feet to the point or place of beginning.
     6  PARCEL 2
     7  All  that  certain  lot,  piece or parcel of land situate in the city of
     8  Geneva, County of Ontario and  state  of  New  York,  more  particularly
     9  bounded and described as follows:
    10  Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,
    11  said  point  being  one foot south of the south wall of the present barn
    12  now on said land, and running thence southerly  about  twenty-nine  (29)
    13  feet,  more  or  less, to the north line of the lands of the S-G Theatre
    14  Corporation; thence westerly along the north line of the land of the S-G
    15  Corporation thirty-three (33) feet to  a  point;  thence  northerly  and
    16  parallel with the first course hereof and along the westerly line of the
    17  lands  of  Agnes Dempsey Doxsee to a point; which point if measured in a
    18  straight line east and west would be one (1) foot  south  of  the  south
    19  line  of the present barn; thence easterly thirty-three (33) feet to the
    20  place of beginning.
    21  Being the same premises shown on a map of a survey prepared  by  William
    22  J.  Newton,  L.S.  dated January 15, 1975 (Survey No. 74-202-C) filed in
    23  the Ontario County Clerk's office.
    24    § 3. This act shall take effect immediately.