Bill Text: NY S06884 | 2015-2016 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Adds certain parcels of land in the city of Peekskill and in the town of Greenburgh to the list of premises which are exempt from the provisions of law which restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-09-09 - SIGNED CHAP.318 [S06884 Detail]
Download: New_York-2015-S06884-Amended.html
Bill Title: Adds certain parcels of land in the city of Peekskill and in the town of Greenburgh to the list of premises which are exempt from the provisions of law which restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-09-09 - SIGNED CHAP.318 [S06884 Detail]
Download: New_York-2015-S06884-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6884--A Cal. No. 1009 IN SENATE March 3, 2016 ___________ Introduced by Sens. STEWART-COUSINS, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government Operations -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third read- ing, 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 the exemption of certain parcels of land 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, as amended by chapter 301 of the laws of 3 2014, is amended to read as follows: 4 (a) Be interested directly or indirectly in any premises where any 5 alcoholic beverage is sold at retail; or in any business devoted wholly 6 or partially to the sale of any alcoholic beverage at retail by stock 7 ownership, interlocking directors, mortgage or lien or any personal or 8 real property, or by any other means. The provisions of this paragraph 9 shall not apply to (i) any such premises or business constituting the 10 overnight lodging and resort facility located wholly within the bounda- 11 ries of the town of North Elba, county of Essex, township eleven, 12 Richard's survey, great lot numbers two hundred seventy-eight, two 13 hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two 14 hundred ninety-nine, three hundred, three hundred eighteen, three 15 hundred nineteen, three hundred twenty, three hundred thirty-five and 16 three hundred thirty-six, and township twelve, Thorn's survey, great lot 17 numbers one hundred six and one hundred thirteen, as shown on the 18 Adirondack map, compiled by the conservation department of the state of 19 New York - nineteen hundred sixty-four edition, in the Essex county 20 atlas at page twenty-seven in the Essex county clerk's office, Eliza- 21 bethtown, New York, provided that such facility maintains not less than 22 two hundred fifty rooms and suites for overnight lodging, (ii) any such 23 premises or business constituting the overnight lodging and resort 24 facility located wholly within the boundaries of that tract or parcel of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14268-08-6S. 6884--A 2 1 land situate in the city of Canandaigua, county of Ontario, beginning at 2 a point in the northerly line of village lot nine where it meets with 3 South Main Street, thence south sixty-nine degrees fifty-four minutes 4 west a distance of nine hundred sixteen and twenty-three hundredths feet 5 to an iron pin; thence in the same course a distance of fourteen feet to 6 an iron pin; thence in the same course a distance of fourteen and four- 7 tenths feet to a point; thence south fifteen degrees thirty-eight 8 minutes and forty seconds east a distance of four hundred forty-six and 9 eighty-seven hundredths feet to a point; thence south twenty-eight 10 degrees thirty-seven minutes and fifty seconds east a distance of one 11 hundred thirteen and eighty-four hundredths feet to a point; thence 12 south eighty-five degrees and forty-seven minutes east a distance of 13 forty-seven and sixty-one hundredths feet to an iron pin; thence on the 14 same course a distance of three hundred and sixty-five feet to an iron 15 pin; thence north seventeen degrees twenty-one minutes and ten seconds 16 east a distance of four hundred fifty-seven and thirty-two hundredths 17 feet to an iron pin; thence north nineteen degrees and thirty minutes 18 west a distance of two hundred and forty-eight feet to a point; thence 19 north sixty-nine degrees and fifty-four minutes east a distance of two 20 hundred eighty-four and twenty-six hundredths feet to a point; thence 21 north nineteen degrees and thirty minutes west a distance of sixty feet 22 to the point and place of beginning, provided that such facility main- 23 tains not less than one hundred twenty rooms and suites for overnight 24 lodging, (iii) any such premises or business constituting the overnight 25 lodging facility located wholly within the boundaries of that tract or 26 parcel of land situated in the borough of Manhattan, city and county of 27 New York, beginning at a point on the northerly side of west fifty- 28 fourth street at a point one hundred feet easterly from the intersection 29 of the said northerly side of west fifty-fourth street and the easterly 30 side of seventh avenue; running thence northerly and parallel with the 31 easterly side of seventh avenue one hundred feet five inches to the 32 center line of the block; running thence easterly and parallel with the 33 northerly side of west fifty-fourth street and along the center line of 34 the block fifty feet to a point; running thence northerly and parallel 35 with the easterly side of seventh avenue one hundred feet five inches to 36 the southerly side of west fifty-fifth street at a point distant one 37 hundred fifty feet easterly from the intersection of the said southerly 38 side of west fifty-fifth street and the easterly side of seventh avenue; 39 running thence easterly along the southerly side of west fifty-fifth 40 street thirty-one feet three inches to a point; running thence southerly 41 and parallel with the easterly side of the seventh avenue one hundred 42 feet five inches to the center line of the block; running thence easter- 43 ly along the center line of the block and parallel with the southerly 44 side of west fifty-fifth street, one hundred feet; running thence north- 45 erly and parallel with the easterly side of seventh avenue one hundred 46 feet five inches to the southerly side of west fifty-fifth street; 47 running thence easterly along the southerly side of west fifty-fifth 48 street twenty-one feet ten and one-half inches to a point; running 49 thence southerly and parallel with the easterly side of seventh avenue 50 one hundred feet five inches to the center line of the block; running 51 thence westerly along the center line of the block and parallel with the 52 northerly side of west fifty-fourth street three feet one and one-half 53 inches; running thence southerly and parallel with the easterly side of 54 seventh avenue one hundred feet five inches to the northerly side of 55 west fifty-fourth street at a point distant three hundred feet easterly 56 from the intersection of the said northerly side of west fifty-fourthS. 6884--A 3 1 street and the easterly side of seventh avenue; running thence westerly 2 and along the northerly side of west fifty-fourth street two hundred 3 feet to the point or place of beginning, provided that such facility 4 maintains not less than four hundred guest rooms and suites for over- 5 night lodging, (iv) any such premises or business located on that tract 6 or parcel of land, or any subdivision thereof, situate in the Village of 7 Lake Placid, Town of North Elba, Essex County, New York; it being also a 8 part of Lot No. 279, Township No. 11, Old Military Tract, Richard's 9 Survey; it being also all of Lot No. 23 and part of Lot No. 22 as shown 10 and designated on a certain map entitled "Map of Building Sites for Sale 11 by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL 12 No. 1 on a certain map of lands of Robert J. Mahoney and wife made by 13 G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and filed 14 in the Essex County Clerk's Office on August 27, 1964, and more partic- 15 ularly bounded and described as follows; BEGINNING at the intersection 16 of the northerly bounds of Shore Drive (formerly Mirror Street) with the 17 westerly bounds of Park Place (formerly Rider Street) which point is 18 also the northeast corner of Lot No. 23, from thence South 21°50' East 19 in the westerly bounds of Park Place a distance of 119 feet, more or 20 less, to a lead plug in the edge of the sidewalk marking the southeast 21 corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence 22 South 68°00'50" West a distance of 50.05 feet to an iron pipe set in 23 concrete at the corner of Lots 23 and 22; from thence South 65°10'50" 24 West a distance of 7.94 feet along the south line of Lot No. 22 to an 25 iron pipe for a corner; from thence North 23°21'40" West and at 17.84 26 feet along said line passing over a drill hole in a concrete sidewalk, 27 and at 68.04 feet further along said line passing over an iron pipe at 28 the southerly edge of another sidewalk, and at 1.22 feet further along 29 said line passing over another drill hole in a sidewalk, a total 30 distance of 119 feet, more or less, to the northerly line of Lot. No. 31 22; from thence easterly in the northerly line of Lot 22 and 23 to the 32 northeast corner of Lot No. 23 and the point of beginning. Also includ- 33 ing the lands to the center of Shore Drive included between the norther- 34 ly straight line continuation of the side lines of the above described 35 parcel, and to the center of Park Place, where they abut the above 36 described premises SUBJECT to the use thereof for street purposes. Being 37 the same premises conveyed by Morestuff, Inc. to Madeline Sellers by 38 deed dated June 30, 1992, recorded in the Essex County Clerk's Office on 39 July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any such premises 40 or business located on that certain piece or parcel of land, or any 41 subdivision thereof, situate, lying and being in the Town of Platts- 42 burgh, County of Clinton, State of New York and being more particularly 43 bounded and described as follows: Starting at an iron pipe found in the 44 easterly bounds of the highway known as the Old Military Turnpike, said 45 iron pipe being located 910.39 feet southeasterly, as measured along the 46 easterly bounds of said highway, from the southerly bounds of the road- 47 way known as Industrial Parkway West, THENCE running S 31 ° 54' 33" E 48 along the easterly bounds of said Old Military Turnpike Extension, 49 239.88 feet to a point marking the beginning of a curve concave to the 50 west; thence southerly along said curve, having a radius of 987.99 feet, 51 248.12 feet to an iron pipe found marking the point of beginning for the 52 parcel herein being described, said point also marked the southerly 53 corner of lands of Larry Garrow, et al, as described in Book 938 of 54 Deeds at page 224; thence N 07° 45' 4" E along the easterly bounds of 55 said Garrow, 748.16 feet to a 3"x4" concrete monument marking the 56 northeasterly corner of said Garrow, the northwesterly corner of theS. 6884--A 4 1 parcel herein being described and said monument also marking the south- 2 erly bounds of lands of Salerno Plastic Corp. as described in Book 926 3 of Deeds at Page 186; thence S 81° 45' 28" E along a portion of the 4 southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron 5 pin found marking the northeasterly corner of the parcel herein being 6 described and also marking the northwest corner of the remaining lands 7 now or formerly owned by said Marx and Delaura; thence S 07° 45' 40" W 8 along the Westerly bounds of lands now of formerly of said Marx and 9 DeLaura and along the easterly bounds of the parcel herein being 10 described, 560.49 feet to an iron pin; thence N 83° 43' 21" W along a 11 portion of the remaining lands of said Marx and DeLaura, 41.51 feet to 12 an iron pin; thence S 08° 31' 30" W, along a portion of the remaining 13 lands of said Marx and Delaura, 75.01 feet to an iron pin marking 14 northeasterly corner of lands currently owned by the Joint Council for 15 Economic Opportunity of Plattsburgh and Clinton County, Inc. as 16 described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along 17 a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an 18 iron pin; thence 61° 21' 12" W, continuing along a portion of the north- 19 erly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S 07° 20 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron 21 pin; thence S 66° 48' 56" W along a portion of the northerly bounds of 22 remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe 23 found on the easterly bounds of the aforesaid highway, said from pipe 24 also being located on a curve concave to the west; thence running and 25 running northerly along the easterly bounds of the aforesaid highway and 26 being along said curve, with the curve having a radius of 987.93 feet, 27 60.00 feet to the point of beginning and containing 6.905 acres of land. 28 Being the same premises as conveyed to Ronald Marx and Alice Marx by 29 deed of CIT Small Business Lending Corp., as agent of the administrator, 30 U.S. Small Business Administration, an agency of the United States 31 Government dated September 10, 2001 and recorded in the office of the 32 Clinton County Clerk on September 21, 2001 as Instrument #135020; or 33 (vi) any such premises or business located on the west side of New York 34 state route 414 in military lots 64 and 75 located wholly within the 35 boundaries of that tract or parcel of land situated in the town of Lodi, 36 county of Seneca beginning at an iron pin on the assumed west line of 37 New York State Route 414 on the apparent north line of lands reputedly 38 of White (lib. 420, page 155); said iron pin also being northerly a 39 distance of 1200 feet more or less from the centerline of South Miller 40 Road; Thence leaving the point of beginning north 85-17'-44" west along 41 said lands of White a distance of 2915.90 feet to an iron pin Thence 42 north 03-52'-48" east along said lands of White, passing through an iron 43 pin 338.36 feet distant, and continuing further along that same course a 44 distance of 13.64 feet farther, the total distance being 352.00 feet to 45 a point in the assumed centerline of Nellie Neal Creek; Thence in gener- 46 ally a north westerly direction the following courses and distances 47 along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west 48 a distance of 189.56 feet to a point; north 63-40'-00" west a distance 49 of 156.00 feet to a point; north 49-25'-00" west a distance of 80.00 50 feet to a point; south 80-21'-00" west a distance of 90.00 feet to a 51 point; north 72-03'-00" west a distance of 566.00 feet to a point; north 52 68-15'-00" west a distance of 506.00 feet to a point; north 55-16'-00" 53 west a distance of 135.00 feet to a point; south 69-18'-00" west a 54 distance of 200.00 feet to a point; south 88-00'-00" west a distance of 55 170.00 feet to a point on a tie line at or near the high water line of 56 Seneca Lake; Thence north 25-17'-00" east along said tie line a distanceS. 6884--A 5 1 of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands 2 reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to 3 an iron pin; Thence north 06-56'-47" east along said lands of M. Wagner 4 a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east 5 along lands reputedly of Schneider (lib. 429, page 37) a distance of 6 50.10 feet to an iron pipe; Thence north 07-49'-11" east along lands 7 reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an 8 iron pipe; Thence north 82-29'-40" west along said lands of Oney a 9 distance of 95.30 feet to an iron pipe on a tie line at or near the 10 highwater line of Seneca Lake; Thence north 08-15'-22" east along said 11 tie line a distance of 25.00 feet to an iron pin; Thence south 12 82-28'-00" east along lands reputedly of Yu (lib. 405, page 420) a 13 distance of 96.53 feet to an iron pipe; Thence north 34-36'-59" east 14 along said lands of Yu a distance of 95.00 feet to a point in the 15 assumed centerline of Van Liew Creek; Thence in generally an easterly 16 direction the following courses and distances along the assumed center- 17 line of Van Liew Creek; north 72-46'-37" east a distance of 159.98 feet 18 to a point; north 87-53'-00" east a distance of 94.00 feet to a point; 19 south 71-12'-00" east a distance of 52.00 feet to a point; south 20 84-10'-00" east a distance of 158.00 feet to a point; south 59-51'-00" 21 east a distance of 160.00 feet to a point; south 83-29'-00" east a 22 distance of 187.00 feet to a point; Thence north 01-33'-40" east along 23 lands reputedly of Hansen (lib. 515, page 205) passing through an iron 24 pipe 32.62 feet distant, and continuing further along that same course 25 passing through an iron pin 205.38 feet farther, and continuing still 26 further along that same course a distance of 21.45 feet farther, the 27 total distance being 259.45 feet to the assumed remains of a White Oak 28 stump; Thence north 69-16'-11" east along lands reputedly of Schwartz 29 (lib. 374, page 733) being tie lines along the top of the south bank of 30 Campbell Creek a distance of 338.00 feet to a point; Thence south 31 57-17'32" east along said tie line a distance of 136.60 feet to a point; 32 Thence south 74-45'-00" east along said tie line a distance of 100.00 33 feet to an iron pin; Thence north 04-46'-00" east along said lands of 34 Schwartz a distance of 100.00 feet to a point in the assumed centerline 35 of Campbell Creek; Thence in generally an easterly direction the follow- 36 ing courses and distances along the assumed centerline of Campbell 37 Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north 38 76-53'-00" east a distance of 180.00 feet to a point; north 83-05'00" 39 east a distance of 230.00 feet to a point; south 66-44'-00" east a 40 distance of 90.00 feet to a point; south 81-10'-00" east a distance of 41 240.00 feet to a point; south 45-29'-15" east a distance of 73.18 feet 42 to a point; Thence south 05-25'-50" west along lands reputedly of Stan- 43 ley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point on 44 the assumed north line of Military Lot 75; Thence south 84-34'-10" east 45 along said lands of Wagner and the assumed north line of Military Lot 75 46 a distance of 1195.06 feet to an iron pin; Thence south O6-57'52" west 47 along said lands of M. Wagner (lib. 414, page 267) passing through an 48 iron pin 215.58 feet distant, and continuing further along that same 49 course a distance of 20.59 feet farther, the total distance being 236.17 50 feet to a point in the assumed centerline of Campbell Creek; Thence in 51 generally a south easterly direction the following course and distances 52 along the assumed centerline of Campbell Creek; north 78-23'-09" east a 53 distance of 29.99 feet to a point; south 46-09'-15" east a distance of 54 65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to 55 a point; south 61-59'-50" east a distance of 206.91 feet to a point; 56 north 63-58'-27" east a distance of 43.12 feet to a point; southS. 6884--A 6 1 28-51'-21" east a distance of 47.72 feet to a point; south 15-14'-08" 2 west a distance of 33.42 feet to a point; south 79-16'-32" east a 3 distance of 255.15 feet to a point; south 62-19'-46" east a distance of 4 75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to 5 a point; north 82-12'55" east a distance of 86.00 feet to a point; south 6 44-13'53" east a distance of 64.08 feet to a point; north 67-52'-46" 7 east a distance of 73.98 feet to a point; north 88-13'-13" east a 8 distance of 34.64 feet to a point on the assumed west line of New York 9 State Route 414; Thence south 20-13'-30" east along the assumed west 10 line of New York State Route 414 a distance of 248.04 feet to a concrete 11 monument; Thence south 02-10'-30" west along said road line a distance 12 of 322.90 feet to an iron pin; Thence 13-14'-50" west along said road 13 line a distance of 487.41 feet to an iron pin, said iron pin being the 14 point and place of beginning; 15 Comprising an area of 126.807 acres of land according to a survey 16 completed by Michael D. Karlsen entitled "Plan Owned by Stanley A. 17 Wagner" known as Parcel A of Job number 98-505. 18 This survey is subject to all utility easements and easements and 19 right-of-ways of record which may affect the parcel of land. 20 This survey is also subject to the rights of the public in and to 21 lands herein referred to as New York State Route 414. 22 This survey intends to describe a portion of the premises as conveyed 23 by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10, 24 1989 in Liber 450 of deeds, at Page 286. 25 This survey also intends to describe a portion of the premises as 26 conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded 27 April 30, 1980 in Liber 385 of Deeds, at Page 203. 28 ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of 29 New York State Route 414 in Military Lot 75 in the Town of Lodi, County 30 of Seneca, State of New York bounded and described as follows: 31 Beginning at an iron pin on the assumed east line of New York State 32 Route 414, said iron pin being north 50-44'-57" east a distance of 33 274.92 feet from the south east corner of the parcel of land herein 34 above described; Thence leaving the point of beginning north 00-26'01" 35 east along a mathematical tie line a distance of 504.91 feet to an iron 36 pin; Thence south 37-00'-20" east along lands reputedly of Tomberelli 37 (lib. 419, page 243) passing through an iron pin 176.00 feet distant, 38 and continuing further along that same course a distance of 2.01 feet 39 farther, the total distance being 178.01 feet to a point; Thence south 40 09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page 181) 41 a distance of 68.19 feet to an iron pipe; Thence south 15-36'-04" west 42 along said lands of M. Wagner a distance of 300.15 feet to an iron pipe; 43 Thence south 72-04'-59" west along said lands of M. Wagner a distance of 44 20.49 feet to an iron pin, said iron pin being the point and place of 45 beginning. 46 Comprising an area of 0.727 acre of lands according to a survey 47 completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley 48 A. Wagner" known as Parcel B of job number 98-505. 49 This survey is subject to all utility easements and easements and 50 right-of-ways of record which may affect this parcel of land. 51 This survey is also subject to the rights of the public in and to 52 lands herein referred to as New York State Route 414. 53 This survey intends to describe the same premises as conveyed by Henry 54 W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey 55 to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page 56 92.S. 6884--A 7 1 This survey also intends to describe a portion of the premises as 2 conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded Febru- 3 ary 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of this 4 paragraph shall not apply to any premises or business located wholly 5 within the following described parcel: ALL THAT TRACT OR PARCEL OF LAND 6 situate in the City of Corning, County of Steuben and State of New York 7 bounded and described as follows: Beginning at an iron pin situate at 8 the terminus of the westerly line of Townley Avenue at its intersection 9 with the southwesterly line of New York State Route 17; thence S 00° 45' 10 18" E along the westerly line of Townley Avenue, a distance of 256.09 11 feet to a point; thence S 89° 02' 07" W through an iron pin placed at a 12 distance of 200.00 feet, a total distance of 300.00 feet to an iron pin; 13 thence N 00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S 14 89° 02' 07" W a distance of 114.56 feet to a point situate in the south- 15 east corner of Parcel A-2 as set forth on a survey map hereinafter 16 described; thence N 14° 18' 49" E a distance of 124.40 feet to an iron 17 pin situate at the southeast corner of lands now or formerly of Cicci 18 (Liber 923, Page 771); thence N 14° 18' 49" E a distance of 76.46 feet 19 to an iron pin; thence N 00° 57' 53" W a distance of 26.25 feet to an 20 iron pin marking the southeast corner of parcel A-1 as set forth on the 21 hereinafter described survey map; thence N 00° 58' 01" W a distance of 22 166.00 to an iron pin situate at the northeast corner of said Parcel 23 A-1, which pin also marks the southeast corner of lands now or formerly 24 of Becraft (Liber 1048, Page 1086); thence N 00° 57' 53" W a distance of 25 106.00 feet to an iron pin situate in the southerly line of lands now or 26 formerly of the United States Postal Service; thence N 89° 02' 07" E 27 along the southerly line of said United States Postal Service a distance 28 of 81.47 feet to a point; thence N 14° 18' 49" E along the easterly line 29 of said United States Postal Service a distance of 114.29 feet to an 30 iron pin situate in the southwesterly line of New York State Route 17; 31 thence S 32° 00' 31" E along the southwesterly line of New York State 32 Route 17, a distance of 358.93 feet to an iron pin; thence continuing 33 along the southwesterly line of New York state Route 17, S 38° 30' 04" E 34 a distance of 108.18 feet to the iron pin marking the place of begin- 35 ning. Said premises are set forth and shown as approximately 4.026 acres 36 of land designated as Parcel A (excluding Parcels A-1 and A-2) on a 37 survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City 38 of Corning, Steuben County, New York" by Weiler Associates, dated Decem- 39 ber 27, 2001, designated Job No. 12462; or (vii) any such premises or 40 businesses located on that certain plot, piece or parcel of land, situ- 41 ate, lying and being in the Second Ward of the City of Schenectady, on 42 the Northerly side of Union Street, bounded and described as follows: to 43 wit; Beginning at the Southeasterly corner of the lands lately owned by 44 Elisha L. Freeman and now by Albert Shear; and running from thence East- 45 erly along the line of Union Street, 44 feet to the lands now owned by 46 or in the possession of James G. Van Vorst; thence Northerly in a 47 straight line along the last mentioned lands and the lands of the late 48 John Lake, 102 feet to the lands of one Miss Rodgers; thence Westerly 49 along the line of the last mentioned lands of said Rodgers to the lands 50 of the said Shear; and thence Southerly along the lands of said Shear 51 101 feet, 6 inches to Union Street, the place of beginning. 52 Also all that tract or parcel of land, with the buildings thereon, 53 situate in the City of Schenectady, County of Schenectady, and State of 54 New York, situate in the First, formerly the Second Ward of the said 55 City, on the Northerly side of Union Street, which was conveyed by 56 William Meeker and wife to Elisha L. Freeman by deed dated the secondS. 6884--A 8 1 day of December 1843, and recorded in the Clerk's Office of Schenectady 2 County on December 5, 1843, in Book V of Deeds at page 392, which lot in 3 said deed is bounded and described as follows: Beginning at a point in 4 the Northerly line of Union Street where it is intersected by the East- 5 erly line of property numbered 235 Union Street, which is hereby 6 conveyed, and running thence Northerly along the Easterly line of said 7 property, One Hundred Forty and Five-tenths (140.5) feet to a point 8 sixteen (16) feet Southerly from the Southerly line of the new garage 9 built upon land adjoining on the North; thence Westerly parallel with 10 said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly 11 One Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin 12 of Union Street; thence Easterly along the Northerly margin of Union 13 Street, about Forty-eight and three-tenths (48.3) feet to the point or 14 place of beginning. 15 The two above parcels are together more particularly described as 16 follows: 17 All that parcel of land in the City of Schenectady beginning at a 18 point in the northerly margin of Union Street at the southwesterly 19 corner of lands now or formerly of Friedman (Deed Book 636 at page 423) 20 which point is about 60 feet westerly of the westerly line of North 21 College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the 22 southeasterly corner of other lands now or formerly of Friedman (Deed 23 Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the 24 southwesterly corner of lands now or formerly of Stockade Associates 25 (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to 26 lands now or formerly of McCarthy (Deed Book 1129 at page 281); thence 27 along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly 28 corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621); 29 thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner; 30 thence still along lands of SONYMA and lands now or formerly of Magee 31 (Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a 32 corner; thence still along lands of Magee and Lands of Friedman first 33 above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin- 34 ning. 35 Excepting and reserving all that portion of the above parcel lying 36 easterly of a line described as follows: 37 All that tract or parcel of land, situated in the City of Schenectady 38 and County of Schenectady and State of New York, on the Northerly side 39 of Union Street bounded and described as follows: 40 Beginning at a point in the northerly line of Union Street, said point 41 being in the division line between lands now or formerly of Electric 42 Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or 43 formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees 44 under Will of Ruth F. Wexler (Street number 241 Union Street) on the 45 East; thence North 03 deg. 04' 10" East, along the building known as 46 Street No. 241 Union Street, a distance of 30.50 feet to a point; thence 47 North 88 deg. 45' 45" West, along said building and building eve, a 48 distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East, 49 along said building eve of Street No. 241 Union Street, a distance of 50 32.74 feet; thence South 88 deg. 45' 45" East, along said building eve, 51 a distance of 1.2 feet to an intersection of building corner of Street 52 No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30" 53 East, along said brick wall, a distance of 14.47 feet to a point in the 54 corner of the brick wall, thence South 86 deg. 46' 45" East along said 55 brick wall a distance of 4.42 feet to the intersection of brick wall 56 with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)S. 6884--A 9 1 on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic, 2 (aforesaid) on the East; thence North 03 deg 10' 08" East a distance of 3 0.62 feet to the Northeast corner of lands belonging to Margaret Wexler 4 and Donna Lee Wexler Pavlovic. 5 Also all that tract or parcel of land commonly known as the Union 6 Street School, located on the Northeasterly corner of Union and North 7 College Streets in the First Ward of the City and County of Schenectady 8 and State of New York, more particularly bounded and described as 9 follows: Beginning at a point in the Northerly street line of Union 10 Street where it is intersected by the Easterly street line of North 11 College Street, and runs thence Northerly along the Easterly street line 12 of North College Street, one hundred seven and five-tenths (107.5) feet 13 to a point, thence easterly at an angle of ninety (90) degrees, one 14 hundred ninety-one and seventy-five hundredths (191.75) feet to a point 15 in the Northwesterly street line of Erie Boulevard thence southwesterly 16 along the Northwesterly street line of Erie Boulevard, one hundred twen- 17 ty-three and eight-tenths (123.8) feet to its intersection with the 18 Northerly street line of Union Street; thence Westerly along the North- 19 erly street line of Union Street, one hundred twenty-four and fifty-five 20 hundredths (124.55) feet to the point or place of beginning. 21 The above described parcel of property includes the Blue Line parcel 22 of land, which is a portion of the abandoned Erie Canal Lands, located 23 in the First Ward of the City of Schenectady, New York, and which Blue 24 Line parcel lies between the Northwesterly line of Erie Boulevard as set 25 forth in the above described premises and the Northeasterly lot line of 26 the old Union Street School as it runs parallel with the Northwesterly 27 line of Erie Boulevard as aforesaid. 28 The two above parcels are together more particularly described as 29 follows: All that parcel of land in the City of Schenectady beginning at 30 a point in the northerly margin of Union Street and the northwesterly 31 margin of Erie Boulevard and runs thence along Union Street N. 86 deg. 32 42' 20" W. 124.55 feet to the easterly margin of North College Street; 33 thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to 34 the southeasterly corner of lands now or formerly of McCarthy (Deed Book 35 1129 at page 279); thence along McCarthy, Cottage Alley and lands now or 36 formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E. 37 191.75 feet to the northwesterly margin of Erie Boulevard; thence along 38 Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin- 39 ning; or (viii) any such premises or businesses located on that tract or 40 parcel of land situate in the Town of Hopewell, Ontario County, State of 41 New York, bounded and described as follows: Commencing at a 5/8" rebar 42 found on the division line between lands now or formerly of Ontario 43 County - Finger Lakes Community College (Liber 698 of Deeds, Page 466) 44 on the north and lands now or formerly of James W. Baird (Liber 768 of 45 Deeds, Page 1109) on the south; thence, North 43°-33'-40" West, on said 46 division line, a distance of 77.32 feet to the Point of Beginning. 47 Thence, North 43°-33'-40" West, continuing on said division line and 48 through said lands of Ontario County, a distance of 520.45 feet to a 49 point on the southeasterly edge of an existing concrete pad; thence, 50 South 74°-19'-53" West, along said edge of concrete and the projection 51 thereof, a distance of 198.78 feet to a point on the easterly edge of 52 pavement of an existing campus drive; thence, the following two (2) 53 courses and distances along said edge of pavement: Northeasterly on a 54 curve to the left having a radius of 2221.65 feet, a chord bearing of 55 North 30°-16'-39" East, a chord distance of 280.79, a central angle of 56 07°-14'-47", a length of 280.98 feet to a point of reverse curvature;S. 6884--A 10 1 thence, Northeasterly on a curve to the right having a radius of 843.42 2 feet, a chord bearing of North 45°-25'-09" East, a chord distance of 3 534.08, a central angle of 36°-55'-01", a length of 543.43 feet to a 4 point; thence, South 30°-04'-59" East, a distance of 18.28 feet to the 5 corner of the property acquired by Ontario County (Liber 766 of Deeds, 6 Page 1112), as shown on a map recorded in the Ontario County Clerk's 7 Office as Map No. 6313; thence, the following four (4) courses and 8 distances along said property line: South 30°-04'-59" East, a distance 9 of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of 10 147.53 feet to a point; thence, South 41°-31'-35" East, a distance of 11 200.93 feet to a point; thence, South 23°-48'-53" West, along said prop- 12 erty line, and the projection thereof, through the first said lands of 13 Ontario County - Finger Lakes Community College (Liber 698 of Deeds, 14 Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel 15 containing 7.834 acres, more or less, as shown on a map entitled 16 "Proposed Lease Area - Friends of the Finger Lakes Performing Arts 17 Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01, 18 dated June 10, 2005, last revised August 17, 2005. The related PAC Prop- 19 erties are shown on the Map denominated "FLCC Campus Property, FLPAC 20 Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the 21 Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds 22 at page 9 and are comprised of the areas separately labeled as Parking 23 Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the 24 Entry Roads; or (ix) any such premises or businesses located on that 25 tract or parcel of land situate lying and being in the Town of Oneonta, 26 County of Otsego and State of New York and being a portion of Otsego 27 County Tax Map Department Parcel Number 287.00-1-33 and bounded and 28 described as follows: Beginning at a point 2.12 feet off the northeast- 29 erly corner of a one story building on the lands, now or formerly, of 30 Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by 31 Martin and Brenda Patton, which point lies N 87°55'13" W a distance of 32 149.37' from the northeast corner of the Patton lands; thence N 33 74°30'18" W a distance of 51.50 feet to a point; thence S 15°29'42" W a 34 distance of 2.00 feet to a point; thence N 74°30'18" W a distance of 35 14.00 feet to a point; thence S 15°29'42" W a distance of 19.20 feet to 36 a point; thence S 74°30'18" E a distance of 14.20 feet to a point; 37 thence S 15°29'42" W a distance of 4.20 feet; thence S 74°30'18" E a 38 distance of 51.30 feet to a point; thence N 15°29'42" E a distance of 39 25.40 feet to a point to the point and place of beginning. 40 Containing an area of 1576.06 square feet, or 0.036 acres with such 41 bearings referencing Magnetic North 1995. 42 This survey is subject to any rights of way or easements which may have 43 been granted to utility companies; or (x) ALL that certain plot, piece 44 or parcel of land, situate, lying and being in the Town of Greenburgh, 45 County of Westchester and State of New York, being bounded and described 46 as follows: 47 BEGINNING at a point on the easterly side of Saw Mill River Road where 48 the same is intersected by the division line between premises hereinaft- 49 er described and lands now or formerly of One Riverdale Ave. Develop- 50 ment Co., Inc., said point being North 11 Degrees 23' 24" West 22.83 51 feet from the former North East corner of Saw Mill River Road and Hunter 52 Lane; 53 THENCE along said division line, North 82 Degrees 18' 00" East 647.08 54 feet to land now or formerly of One Riverdale Ave. Development Co., 55 Inc.;S. 6884--A 11 1 THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet 2 and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of 3 lands now or formerly of Hodes Daniels; 4 THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet, 5 South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West 6 120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east 7 side of Saw Mill River Road; 8 THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet 9 and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING. 10 The provisions of this paragraph shall not apply to any premises 11 licensed under section sixty-four of this chapter in which a manufactur- 12 er or wholesaler holds a direct or indirect interest, provided that: (I) 13 said premises consist of an interactive entertainment facility which 14 predominantly offers interactive computer and video entertainment 15 attractions, and other games and also offers themed merchandise and food 16 and beverages, (II) the sale of alcoholic beverages within the premises 17 shall be restricted to an area consisting of not more than twenty-five 18 percent of the total interior floor area of the premises, (III) the 19 retail licenses shall derive not less than sixty-five percent of the 20 total revenue generated by the facility from interactive video enter- 21 tainment activities and other games, including related attractions and 22 sales of merchandise other than food and alcoholic beverages, (IV) the 23 interested manufacturer or wholesaler, or its parent company, shall be 24 listed on a national securities exchange and its direct or indirect 25 equity interest in the retail licensee shall not exceed twenty-five 26 percent, (V) no more than fifteen percent of said licensee's purchases 27 of alcoholic beverages for sale in the premises shall be products 28 produced or distributed by the manufacturer or wholesaler, (VI) neither 29 the name of the manufacturer or wholesaler nor the name of any brand of 30 alcoholic beverage produced or distributed by said manufacturer or 31 wholesaler shall be part of the name of the premises, (VII) the name of 32 the manufacturer or wholesaler or the name of products sold or distrib- 33 uted by such manufacturer or wholesaler shall not be identified on 34 signage affixed to either the interior or the exterior of the premises 35 in any fashion, (VIII) promotions involving alcoholic beverages produced 36 or distributed by the manufacturer or wholesaler are not held in such 37 premises and further, retail and consumer advertising specialties bear- 38 ing the name of the manufacturer or wholesaler or the name of alcoholic 39 beverages produced or distributed by the manufacturer or wholesaler are 40 not utilized in any fashion, given away or sold in said premises, and 41 (IX) except to the extent provided in this paragraph, the licensing of 42 each premises covered by this exception is subject to all provisions of 43 section sixty-four of this chapter, including but not limited to liquor 44 authority approval of the specific location thereof. The provisions of 45 this paragraph shall not prohibit (1) a manufacturer or wholesaler, if 46 an individual, or a partner, of a partnership, or, if a corporation, an 47 officer or director thereof, from being an officer or director of a duly 48 licensed charitable organization which is the holder of a license for 49 on-premises consumption under this chapter, nor (2) a manufacturer from 50 acquiring any such premises if the liquor authority first consents ther- 51 eto after determining, upon such proofs as it shall deem sufficient, 52 that such premises is contiguous to the licensed premises of such 53 manufacturer, and is reasonably necessary for the expansion of the 54 facilities of such manufacturer. After any such acquisition, it shall be 55 illegal for a manufacturer acquiring any such premises to sell or deliv-S. 6884--A 12 1 er alcoholic beverages manufactured by him to any licensee occupying 2 such premises. 3 § 2. Section 64-c of the alcoholic beverage control law is amended by 4 adding a new subdivision 19 to read as follows: 5 19. Notwithstanding the provisions of subdivision six of this section 6 or of subdivision thirteen of section one hundred six of this chapter, 7 the authority may issue a restaurant brewer's license pursuant to this 8 section for a premises which shall be located wholly within the city of 9 Peekskill, county of Westchester, state of New York, bounded and 10 described as follows: 11 Any such premises or business located on all that certain parcel of 12 land situate in the City of Peekskill, County of Westchester and State 13 of New York, that is a portion of Parcel I as it is shown on that 14 certain map entitled, "Survey . . at Charles Point . . " which was filed 15 in the Westchester County Clerk's Office on October 23, 1980 as Map No. 16 20407 that is bounded and described as follows: 17 BEGINNING at a point on the easterly shoreline of the Hudson River and 18 within the bounds of the said Parcel I as it is shown on the said Filed 19 Map NO. 20407, which point occupies coordinate position: 20 North 464418.83 (y) 21 East 607401.00 (x) 22 of the New York State Coordinate System, East Zone and which point is 23 distant, the following courses from the southerly corner of the Parcel 24 shown on Map No. 20407 that occupies coordinate position 25 North 463520.804 (y) 26 East 608470.681 (x) 27 of the aforesaid New York State Coordinate System, East Zone: 28 North 47 degrees 30' 36" West 856.60 feet, 29 North 77 degrees 10' 53" West 488.18 feet, 30 North 41 degrees 17' 53" West 113.32 feet and 31 North 41 degrees 50' 16" East 169.08 feet; 32 THENCE from the said point of beginning along the said easterly shore- 33 line (high water mark) of the east bank of the Hudson River: 34 Due North 16.17 feet, 35 North 53 degrees 58' 22" West 13.60 feet, 36 North 73 degrees 04' 21" West 24.04 feet, 37 North 63 degrees 26' 06" West 22.36 feet, 38 North 82 degrees 18' 14" West 37.34 feet, 39 North 64 degrees 47' 56" West 37.58 feet, 40 South 82 degrees 52' 30" West 16.12 feet, 41 North 61 degrees 41' 57" West 14.76 feet and 42 South 21 degrees 48' 05" West 9.71 feet; 43 THENCE leaving the high water mark and running across a peninsula of 44 land and along the division line between Parcel I and Parcel II as shown 45 on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to 46 another point on the said easterly shoreline (high water mark) of the 47 East Bank of the Hudson River; 48 THENCE northerly along the said high water mark, the following cours- 49 es: 50 North 3 degrees 00' 46" West 17.54 feet, 51 North 13 degrees 45' 39" West 50.45 feet, 52 North 10 degrees 49' 23" West 69.23 feet, 53 North 0 degrees 47' 22" West 52.48 feet to a point which is the point 54 of beginning of the hereinafter described 40 foot easement which point 55 occupies coordinate position 56 North 464676.48 (y)S. 6884--A 13 1 East 607189.28 (x) 2 of the New York State Coordinate System, East Zone; 3 THENCE continuing along the aforesaid easterly shoreline (high water 4 mark) of the East Bank of the Hudson, the following courses: 5 North 10 degrees 18' 17" West 23.91 feet, 6 North 39 degrees 04' 58" West 21.39 feet, 7 North 20 degrees 13' 30" West 21.74 feet, 8 North 39 degrees 02' 08" West 95.27 feet, 9 North 13 degrees 08' 02" West 30.81 feet, 10 North 18 degrees 26' 06" West 53.76 feet, 11 North 28 degrees 10' 43" West 63.53 feet, 12 North 18 degrees 26' 06" West 50.60 feet, 13 North 37 degrees 14' 05" West 31.40 feet, 14 North 21 degrees 15' 02" West 96.57 feet, 15 North 32 degrees 00' 19" West 47.17 feet, 16 North 1 degree 18' 07" West 44.01 feet and 17 North 17 degrees 14' 29" East 29.32 feet to a point on the southerly 18 line of lands under lease to the County of Westchester (Resco Site); 19 THENCE along the said County of Westchester (Resco Site) lands: Due 20 East 432.31 feet to a point on the westerly line of an easement and a 21 right-of-way leading to Charles Point Avenue; 22 THENCE along the said westerly and southwesterly line of the said 23 right-of-way leading to Charles Point Avenue: Due South 241.16 feet and 24 South 27 degrees 13' 00" East 406.90 feet to a point; 25 THENCE leaving the said easement and running along other lands now or 26 formerly of The City of Peekskill Industrial Development Agency, South 27 41 degrees 50' 16" West 270.01 feet to the aforementioned easterly 28 shoreline (high water mark) of the East Bank of the Hudson River and the 29 point or place of beginning. 30 TOGETHER with an easement over all that parcel of land situate in the 31 City of Peekskill, County of Westchester and State of New York that is 32 more particularly bounded and described as follows: 33 BEGINNING at a point on the westerly line of Charles Point Avenue with 34 the said westerly line is intersected by the line dividing the easement 35 herein described on the south from lands under lease to the County of 36 Westchester (Resco Site) on the north which point occupies coordinate 37 position: 38 North 464719.99 (y) 39 East 608004.15 (x) 40 of the New York State Coordinate System, East Zone; 41 THENCE from the said point of beginning southerly along the said 42 westerly line of Charles Point Avenue, South 14 degrees 54' 00" West 43 103.48 feet to a point; 44 THENCE westerly along other lands of the City of Peekskill Industrial 45 Development Agency: Due West 396.44 feet to a point which is the east- 46 erly most corner of the lands of Point Associates, the grantee herein; 47 THENCE along the northeasterly line of the said Point Associates' 48 land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16 49 feet to a point on the southerly line of the aforementioned lands leased 50 to the County of Westchester (Resco Site); 51 THENCE easterly along the said southerly line Due East 75.00 feet to a 52 point; 53 THENCE southeasterly and easterly still along the said lands leased to 54 the County of Westchester (Resco Site) the following courses: 55 Due South 223.00 feet, 56 South 27 degrees 13' 00" East 314.87 feet andS. 6884--A 14 1 Due East 390.14 feet to the aforementioned westerly line of Charles 2 Point Avenue and the point or place of BEGINNING. 3 TOGETHER WITH a non-exclusive easement for utilities, and ingress and 4 egress over that certain right of way leading from Charles Point Avenue, 5 now known as John E. Walsh Boulevard, in a westerly and northwesterly 6 direction to the above described premises and as more fully described in 7 the Declaration of Easement recorded in Liber 8888 cp 35. 8 § 3. This act shall take effect immediately.
