S T A T E O F N E W Y O R K
________________________________________________________________________
5049
2015-2016 Regular Sessions
I N S E N A T E
April 29, 2015
___________
Introduced by Sen. YOUNG -- 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
directing the state liquor authority to issue a farm winery license to
the Concord Grape Belt Heritage Association Inc. Grape Discovery
Center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 101 of the alcoholic beverage control law is
2 amended by adding a new subdivision 8 to read as follows:
3 8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
4 STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SECTION SEVENTY-SIX-A
5 OF THIS CHAPTER TO THE CONCORD GRAPE BELT HERITAGE ASSOCIATION INC.
6 GRAPE DISCOVERY CENTER ("CENTER") SITUATED AT THE PREMISES KNOWN AS: ALL
7 THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
8 IMPROVEMENTS THEREON ERECTED, SITUATED, LYING AND BEING IN THE TOWN OF
9 WESTFIELD, COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK BEING PARCELS
10 209.00-2-13 AND 209.00-2-14 AND BEING MORE PARTICULARLY DESCRIBED AS
11 FOLLOWS:
12 PARCEL A
13 ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF WESTFIELD,
14 COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK, BEING PART OF LOT 13, TOWN 4
15 AND RANGE 14 OF THE HOLLAND LAND COMPANY'S SURVEY AND FURTHER BOUNDED
16 AND DESCRIBED AS FOLLOWS:
17 BEGINNING AT A SET "MAG" NAIL ON THE SOUTH BOUNDS OF U.S. ROUTE 20
18 ALSO KNOW AS MAIN ROAD, ALSO KNOWN AS THE BUFFALO AND ERIE ROAD, SAID
19 "MAG" NAIL BEING N 60 DEGREES 17' 18" E, 264.87 FEET AS MEASURED ALONG
20 THE SOUTH BOUNDS OF U.S. ROUTE 20, FROM THE NORTHWEST CORNER OF PREMISES
21 DESCRIBED IN DEED FROM DAVID S. NEILL TO SAM F. NIXON, DATED JANUARY 30,
22 1916, AND RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 421
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10731-01-5
S. 5049 2
1 OF DEEDS AT PAGE 165; THENCE N 60 DEGREES 17' 18" E, ALONG THE SOUTH
2 BOUNDS OF U.S. ROUTE 20, A DISTANCE OF 195.88 FEET TO A SET "MAG" NAIL
3 IN ASPHALT; THENCE N 64 DEGREES 0' 0" E, AND STILL ALONG THE SOUTH
4 BOUNDS OF U.S. ROUTE 20, A DISTANCE 70 FEET TO A SET "MAG" NAIL IN
5 ASPHALT; THENCE S 1 DEGREE 55' 0" W, 250 FEET TO AN EXISTING IRON PIN AT
6 THE NORTHWEST CORNER OF LANDS OF JOANNE W. NIXON, AS DESCRIBED IN A
7 DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 2182 OF
8 DEEDS AT PAGE 196; THENCE CONTINUING ALONG THE SAME COURSE, S 1 DEGREE
9 55' 0" W ALONG THE WEST LINE OF LANDS OF SAID NIXON, 78.8 FEET TO AN
10 EXISTING IRON STAKE AT THE NORTHEAST CORNER OF LANDS OF JOANNE W. NIXON
11 AS DESCRIBED IN A DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE
12 IN LIBER 2418 OF DEEDS AT PAGE 341; THENCE S 62 DEGREES 58' 7" W, ALONG
13 THE NORTH LINE OF LANDS OF SAID NIXON, 173.3 FEET TO A POINT AT THE
14 SOUTHEAST CORNER OF LANDS OF ED R. BURNSIDE AS DESCRIBED IN A DEED
15 RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 2639 OF DEEDS
16 AT PAGE 336; THENCE N 13 DEGREES 36' 25" W, ALONG THE EAST LINE OF LANDS
17 OF SAID BURNSIDE, 287.68 FEET TO THE POINT OR PLACE OF BEGINNING.
18 PARCEL B
19 ALSO ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF WEST-
20 FIELD, COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK, BEING PART OF LOT NO.
21 13, TOWNSHIP 4 AND RANGE 14 OF THE HOLLAND LAND COMPANY'S SURVEY AND
22 FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
23 COMMENCING AT THE NORTHWEST CORNER OF PREMISES DESCRIBED IN DEED FROM
24 DAVID S. NEILL TO SAM F. NIXON, DATED JANUARY 30, 1916, AND RECORDED IN
25 THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 421 OF DEEDS AT PAGE 165;
26 THENCE N 60 DEGREES 17' 18" E. ALONG THE SOUTH BOUNDS OF U.S. ROUTE 20,
27 ALSO KNOWN AS MAIN ROAD, ALSO KNOWN AS THE BUFFALO AND ERIE ROAD, 460.76
28 FEET TO A SET "MAG" NAIL IN ASPHALT; THENCE N 64 DEGREES 0' 0" E, AND
29 STILL ALONG THE SOUTH BOUNDS OF U.S. ROUTE 20, A DISTANCE OF 70 FEET TO
30 A SET "MAG" NAIL IN ASPHALT AT THE POINT OF BEGINNING OF THE PARCEL
31 HEREINAFTER DESCRIBED; THENCE N 64 DEGREES 0' 0" E, ALONG THE SOUTH
32 BOUNDS OF U.S. ROUTE 20, A DISTANCE OF 200 FEET TO A SET "MAG" NAIL IN
33 ASPHALT AT THE NORTHWEST CORNER OF LANDS OF JOANNE W. NIXON AS DESCRIBED
34 IN A DEED RECORDED IN THE CHAUTAUQUA COUNTY CLERK'S OFFICE IN LIBER 2182
35 OF DEEDS AT PAGE 196; THENCE S 1 DEGREE 55' 0" W, ALONG THE WEST LINE OF
36 LANDS OF SAID NIXON, 250 FEET TO A POINT; THENCE S 64 DEGREES 0' 0" W,
37 ALONG THE NORTH LINE OF LANDS OF SAID NIXON 200 FEET TO AN EXISTING IRON
38 PIN IN THE NORTHWEST CORNER OF LANDS OF SAID NIXON; THENCE N 1 DEGREE
39 55' 0" E, 250 FEET TO THE POINT OR PLACE OF BEGINNING.
40 SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, AND LEASES OF RECORD WHICH
41 MAY VALIDLY AFFECT SAID PREMISES.
42 (B) THE CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE AS A
43 CONDITION OF SUCH LICENSE.
44 (C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFI-
45 CER, OR EMPLOYEE OF, OR PURVEYOR TO, THE CENTER BY REASON OF SUCH PERSON
46 HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A LICEN-
47 SEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR
48 EMPLOYEE.
49 (D) NO PERSON SHALL BE DISQUALIFIED FROM BEING A LENDER OR LESSOR TO
50 THE CENTER, OR A DONOR, PATRON, CONTRIBUTOR OR SPONSOR FROM TIME TO TIME
51 OF THE CENTER THROUGH CONTRIBUTIONS IN CASH OR IN KIND, ON TERMS AGREED
52 WITH THE BOARD OF DIRECTORS OF THE CENTER, BY REASON OF SUCH PERSON
53 HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A LICEN-
54 SEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR
55 EMPLOYEE. SUCH PERSONS SHALL BE ENTITLED, REGARDLESS OF THEIR LICENSING
56 STATUS UNDER THIS CHAPTER, TO OBTAIN ALL THE BENEFITS GENERALLY APPROVED
S. 5049 3
1 BY THE BOARD OF DIRECTORS OF THE CENTER AND OFFERED TO DONORS OF SIMILAR
2 AMOUNTS.
3 (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
4 CENTER IS EXPRESSLY AUTHORIZED TO:
5 (I) SELL NEW YORK STATE PRODUCED WINES, BEERS AND DISTILLED SPIRITS
6 FOR BOTH ON AND OFF PREMISE CONSUMPTION;
7 (II) OFFER TASTINGS ON THE PREMISES OF SUCH PRODUCTS AND CHARGE THE
8 GENERAL PUBLIC SUCH AMOUNTS AS IT DEEMS FIT FOR SUCH TASTINGS. FOR
9 PURPOSES OF THIS SECTION, TASTINGS MAY BE CONDUCTED IN A COMMON TASTING
10 AREA ON THE PREMISES; AND
11 (III) PROVIDE BANQUET AND ENTERTAINMENT FACILITIES FOR THE GENERAL
12 PUBLIC FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB-
13 LISHED BY THE BOARD OF DIRECTORS OF THE CENTER FROM TIME TO TIME, AND TO
14 SELL AND SERVE AT SUCH EVENTS WINES, MALT BEVERAGES AND DISTILLED SPIR-
15 ITS SELECTED BY PERSONS HIRING THE FACILITIES.
16 S 2. This act shall take effect immediately.