Bill Text: NY A09493 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to licenses to sell at retail for consumption on the premises.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-05-17 - print number 9493a [A09493 Detail]

Download: New_York-2015-A09493-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9493--A
                   IN ASSEMBLY
                                     March 10, 2016
                                       ___________
        Introduced  by  M. of A. LENTOL, CRESPO, SIMON -- read once and referred
          to the Committee on Economic Development -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          licenses to sell at retail for consumption on the premises
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  106  of  the  alcoholic  beverage control law is
     2  amended by adding a new subdivision 13-a to read as follows:
     3    13-a. (a) Notwithstanding the provisions of  subdivision  thirteen  of
     4  this  section  the  state  liquor  authority  may  issue a license under
     5  section eighty-one-a of this chapter to the owner, lessor and/or  opera-
     6  tor of parcel or parcels described in this paragraph:
     7    All that certain plot, piece, or parcel of land with the buildings and
     8  improvements  thereon  erected, situate, lying, and being in the City of
     9  New York, County of Kings and State of New York, and  more  particularly
    10  bounded and described as follows:
    11    THE  CONDOMINIUM  UNIT  (hereinafter referred to as the "Unit") in the
    12  building (hereinafter referred to as the "Building") known as 210  Jora-
    13  lemon  Street  Condominium  and  by  the Street Number 208-230 Joralemon
    14  Street a/k/a 45-63 Court Street, County of Kings,  State  of  New  York,
    15  said Unit being designated and described as Retail Unit (RU) in a Decla-
    16  ration  dated  4/18/1.2  made  by  The  City  of New York, acting by and
    17  through its Department of Citywide Administrative Services, pursuant  to
    18  Article  9-B  of the Real Property Law of the State of New York (herein-
    19  after referred to as the "Condominium  Act")  establishing  a  Plan  for
    20  condominium ownership of the Building and the Land (hereinafter referred
    21  to as the "land") upon which the building is situate (which land is more
    22  particularly described in Exhibit A annexed hereto and by this reference
    23  made a part hereof), which Declaration was recorded in the Office of the
    24  City  Register  of the City of New York, County of Kings, on 4/24/12, as
    25  CRFN 2012000163630, as amended by First Amendment to  Declaration  dated
    26  7/9/13 and recorded 8/14/13 as CRFN 2013000321931 (which Declaration and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13607-07-6

        A. 9493--A                          2
     1  Amendments (if applicable) thereto are hereinafter collectively referred
     2  to  as  the "Declaration"). This Unit is also designated as Tax Lot 1002
     3  in Block 266 of the County of Kings on the Tax Map of the Real  Property
     4  Assessment  Department and on the Floor Plans of the Building, Certified
     5  by Sherida E. Paulson, Architects, on 439/12 and  filed  with  the  Real
     6  Property  Assessment Department on 4/20/12 as Condominium Plan No.  3197
     7  and also filed in the Office of the City Register of  the  City  of  New
     8  York, County of Kings, on 4/24/12 as Condominium Map No.  2012000163631.
     9    TOGETHER  with  an undivided 10.5% interest in the Common Elements (as
    10  such term is defined in the Declaration).
    11    TOGETHER with and  SUBJECT  to  the  rights,  obligations,  easements,
    12  restrictions  and  other  provisions set forth in the Declaration, Floor
    13  plans and the By-Laws of 210 Joralemon Street Condominium, as  the  same
    14  may  be  amended  from  time  to  time  (herein after referred to as the
    15  "By-Laws"), all of which shall constitute  covenants  running  with  the
    16  Land and shall bind any person having at any time any interest or estate
    17  in the Unit, as though recited and stipulated at length herein.
    18    The  land on which the building and unit is located is situated in the
    19  County of Kings and State of New York and is more fully described in the
    20  Declaration of Condominium recorded in the Office of the  City  Register
    21  of  the  City  of  New  York,  County  of  Kings,  on  4/24/12,  as CRFN
    22  2012000163630, as amended.
    23    ALL THAT CERTAIN, plot, piece or parcel of land,  situate,  lying  and
    24  being in the Borough of Brooklyn, County of Kings and State of New York,
    25  bounded and described as follows:
    26    BEGINNING  at  the  corner formed by the intersection of the southerly
    27  side of Joralemon Street with the easterly side of Court Street;
    28    RUNNING THENCE easterly along the southerly side of Joralemon  Street,
    29  a distance of 273 feet 9 inches of the lands now of formerly of Brooklyn
    30  Law School;
    31    THENCE  southerly along a line forming an interior angle of 88 degrees
    32  24 minutes 15 seconds with the last mentioned line and running along the
    33  westerly side of lands  now  or  formerly  of  Brooklyn  Law  School,  a
    34  distance of 179 feet 7-3/4 inches;
    35    THENCE  easterly  along a line forming an exterior angle of 97 degrees
    36  19 minutes 37 seconds with the last mentioned line and running along the
    37  southerly line of lands  now  or  formerly  of  Brooklyn  Law  School  a
    38  distance of 13 feet 3 5/8 inches;
    39    THENCE  southerly  at  right  angles  to  the  last mentioned line and
    40  continuing along the westerly line of lands now of formerly of  Brooklyn
    41  Law  School  a distance of 3 feet 11 3/4 inches to lands now or formerly
    42  of 111 Livingston LLC;
    43    THENCE southerly along a line forming an interior angle of 90  degrees
    44  36  minutes  24 seconds with the northerly side of Livingston Street and
    45  running along the westerly line of lands now or formerly of 111  Living-
    46  ston  LLC,  a  distance  164  feet  1/8  inches to the northerly side of
    47  Livingston Street;
    48    THENCE westerly along  the  northerly  side  of  Livingston  Street  a
    49  distance  of  36 feet 2 inches to lands now or formerly of 85 Livingston
    50  Tenants Corp;
    51    THENCE northerly along a line forming an exterior angle of 90  degrees
    52  48  minutes  with  the  last mentioned course and along the lands now or
    53  formerly of 85 Livingston Tenants Corp a distance, 150 feet;
    54    THENCE westerly along a line forming an exterior angle of  89  degrees
    55  12  minutes  with  the  last mentioned course and along the lands now or
    56  formerly of 85 Livingston Tenants Corp and continuing  along  the  lands

        A. 9493--A                          3
     1  now  or  formerly  of the New York City Board of Education a distance of
     2  221 feet 2 inches;
     3    THENCE  southerly on a line forming an exterior angle of 90 degrees 40
     4  minutes with the last mentioned  course  and  along  the  lands  now  or
     5  formerly  of  the  New  York  City Board of Education a distance 23 feet
     6  4-1/2 inches;
     7    THENCE westerly on a Tine forming an interior angle of 90  degrees  34
     8  minutes  05  seconds with the last mentioned course and continuing along
     9  the lands now or formerly of the New York  City  Board  of  Education  a
    10  distance 50 feet to the easterly side of Court Street; and
    11    THENCE  northerly  along the easterly side of Court Street, 180 feet 3
    12  inches to the corner formed by the intersection of the southerly side of
    13  Joralemon Street with the easterly side of Court  Street  the  point  or
    14  place of BEGINNING.
    15    (b)  Provided,  however,  that  the owner, lessor and/or operator of a
    16  licensed premises described in paragraph  (a)  of  this  subdivision  is
    17  prohibited  from selling any alcoholic beverages manufactured or sold at
    18  wholesale by any business that it has any direct  or  indirect  interest
    19  in.
    20    § 2. This act shall take effect immediately.
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