Bill Text: NY A04851 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-07-12 - signed chap.110 [A04851 Detail]

Download: New_York-2013-A04851-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4851
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Economic Development
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         providing an exemption for a retail liquor license
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
    2  control law is amended by adding  a  new  paragraph  (e-5)  to  read  as
    3  follows:
    4    (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
    5  SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
    6  TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
    7  BUILDING  OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL,  PROVIDED  SUCH PREMISES
    8  CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES  AT  RETAIL  FOR
    9  CONSUMPTION  ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
   10  BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE  CITY  OF  NEW  YORK,
   11  BOUNDED AND DESCRIBED AS FOLLOWS:
   12    BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE DISTANT
   13  636.45  FEET  SOUTHERLY  FROM  THE INTERSECTION OF THE SOUTHERLY SIDE OF
   14  EASTERN PARKWAY AND WESTERLY SIDE OF WASHINGTON AVENUE, SAID POINT BEING
   15  THE POINT OF BEGINNING; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE
   16  OF WASHINGTON AVENUE, A DISTANCE OF 345.43 FEET; THENCE  WESTERLY  ALONG
   17  THE  LINE  FORMING  AN  INTERIOR  ANGLE  WITH  THE PREVIOUS COURSE OF 90
   18  DEGREES 00 MINUTES 00 SECONDS, A DISTANCE OF 122.68 FEET; THENCE  NORTH-
   19  ERLY  ALONG  THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE
   20  OF 58 DEGREES 50 MINUTES 53 SECONDS, A DISTANCE OF 123.94  FEET;  THENCE
   21  NORTHERLY  ALONG  THE  LINE  FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS
   22  COURSE OF 159 DEGREES 18 MINUTES 33 SECONDS, A DISTANCE OF  36.59  FEET;
   23  THENCE  NORTHERLY  ALONG  THE  LINE  FORMING  AN EXTERIOR ANGLE WITH THE
   24  PREVIOUS COURSE OF 169 DEGREES 36 MINUTES  23  SECONDS,  A  DISTANCE  OF
   25  26.26  FEET;  THENCE  WESTERLY  ALONG THE LINE FORMING AN EXTERIOR ANGLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06826-01-3
       A. 4851                             2
    1  WITH THE PREVIOUS COURSE  OF  123  DEGREES  49  MINUTES  33  SECONDS,  A
    2  DISTANCE  OF  58.57 FEET; THENCE SOUTHWESTERLY ALONG THE LINE FORMING AN
    3  EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 129  DEGREES  53  MINUTES  13
    4  SECONDS, A DISTANCE OF 108.38 FEET; THENCE WESTERLY, A DISTANCE OF 84.05
    5  FEET  ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 192.59 FEET, AND
    6  HAVING A CENTRAL ANGLE OF 25 00'14";  THENCE  WESTERLY,  A  DISTANCE  OF
    7  58.94  FEET  ALONG  A  CURVE  TO THE RIGHT, WHICH HAS A RADIUS OF 181.42
    8  FEET, AND HAVING A  CENTRAL  ANGLE  OF  18 36'54".  THENCE  WESTERLY,  A
    9  DISTANCE  OF  354.56  FEET;  THENCE  NORTHERLY ALONG THE LINE FORMING AN
   10  INTERIOR ANGLE WITH THE PREVIOUS COURSE OF  90  DEGREES  14  MINUTES  09
   11  SECONDS, A DISTANCE OF 114.49 FEET; THENCE EASTERLY ALONG THE LINE FORM-
   12  ING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 286 DEGREES 53 MINUTES
   13  22  SECONDS,  A  DISTANCE  OF  7.54 FEET; THENCE EASTERLY ALONG THE LINE
   14  FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE  OF  195  DEGREES  07
   15  MINUTES 53 SECONDS, A DISTANCE OF 159.88 FEET; THENCE EASTERLY ALONG THE
   16  LINE  FORMING  AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 193 DEGREES
   17  52 MINUTES 57 SECONDS, A DISTANCE OF 161.51 FEET; THENCE WESTERLY  ALONG
   18  THE  LINE  FORMING  AN  INTERIOR  ANGLE  WITH THE PREVIOUS COURSE OF 257
   19  DEGREES 31 MINUTES  43  SECONDS,  A  DISTANCE  OF  116.17  FEET;  THENCE
   20  NORTHEASTERLY,  A DISTANCE OF 7.07 FEET ALONG A NON-TANGENT CURVE TO THE
   21  RIGHT, HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 89 59'10" AND  A
   22  CHORD  OF 6.36 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE PREVI-
   23  OUS COURSE OF 135 DEGREES 01 MINUTES 12 SECONDS; THENCE  EASTERLY  ALONG
   24  THE  LINE  FORMING  AN INTERIOR ANGLE WITH THE CHORD OF THE ABOVE-REFER-
   25  ENCED CURVE OF 135 DEGREES 01 MINUTES 17 SECONDS, A DISTANCE  OF  135.59
   26  FEET;  THENCE  EASTERLY,  A  DISTANCE  OF 81.93 FEET ALONG A NON-TANGENT
   27  CURVE TO THE LEFT, HAVING A RADIUS OF 272.93 FEET, A  CENTRAL  ANGLE  OF
   28  17 11'59" AND A CHORD OF 81.63 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE
   29  WITH  THE  PREVIOUS  COURSE OF 186 DEGREES 52 MINUTES 37 SECONDS; THENCE
   30  EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF  THE
   31  ABOVE-REFERENCED  CURVE OF 192 DEGREES 21 MINUTES 11 SECONDS, A DISTANCE
   32  OF 38.24 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR  ANGLE
   33  WITH  THE  PREVIOUS  COURSE  OF  183  DEGREES  09  MINUTES 51 SECONDS, A
   34  DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNING.
   35    S 2. This act shall take effect immediately.