Bill Text: NY S08941 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to a license to sell liquor at retail for consumption on certain premises; provides an exemption on restrictions for certain manufacturers, wholesalers and retailers from sharing an interest in a liquor license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-23 - SUBSTITUTED BY A10088 [S08941 Detail]

Download: New_York-2021-S08941-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8941

                    IN SENATE

                                     April 29, 2022
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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  a
          license to sell liquor at retail for consumption on certain premises

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

     1    Section 1. Subparagraph (xvii) of paragraph (a) of subdivision  13  of
     2  section  106  of the alcoholic beverage control law, as added by chapter
     3  299 of the laws of 2021, is amended and a new  subparagraph  (xviii)  is
     4  added to read as follows:
     5    (xvii) Parcel A
     6    All  that  certain  plot,  piece or parcel of land, situate, lying and
     7  being in the borough of Manhattan, city, county and state of  New  York,
     8  bounded and described as follows:
     9    Beginning  at a point formed by the intersection of the northerly side
    10  of Wall Street and the easterly side of  Pearl  Street;  running  thence
    11  northerly  along  the  easterly  side  of  Pearl Street, 76 feet 1 inch;
    12  thence easterly on a line forming an angle on its  northerly  side  with
    13  the  easterly side of Pearl Street of 85° 33' 30", a distance of 43 feet
    14  1 inch; thence southerly on a line which forms an angle on its  westerly
    15  side  with  said last mentioned course of 90° 22', a distance of 1 foot;
    16  thence easterly on a line which forms an angle  on  its  southerly  side
    17  with  said  last  mentioned  course  of 89° 24', a distance of 18 feet 3
    18  inches, more or less, to a point where it is intersected by a line drawn
    19  along the westerly side of the one-story brick extension at the rear  of
    20  the  premises  No. 122 Water Street; thence southerly on a line which on
    21  its westerly side forms an angle of 86° 43' with  the  preceding  course
    22  and along said one-story brick extension, 17 feet 3 inches to the corner
    23  of said one-story brick building; thence easterly on a line which on its
    24  northerly  side  forms  an angle of 91° 40' with the preceding course, 6
    25  feet 8 1/2 inches to premises now known as No. 120 Water Street;  thence
    26  southerly  along a line which on its westerly side forms an angle of 91°
    27  40' with the preceding course, 10 feet 9 inches to the premises  now  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15445-03-2

        S. 8941                             2

     1  late  of  Tontine Company; thence westerly along said premises on a line
     2  which on its northerly side forms an angle of 88° 20' with the preceding
     3  course, 20 feet; thence southerly and still along land now  or  late  of
     4  Tontine  Company  on a line which on its easterly side forms an angle of
     5  89° 09' with the preceding course, 53 feet 5  inches  to  the  northerly
     6  side  of  Wall  Street;  and thence westerly along the northerly side of
     7  Wall Street on a line which on its northerly side forms an angle of  88°
     8  08'  with  the  preceding  course, 48 feet 11 1/2 inches to the easterly
     9  side of Pearl Street at the point or place of beginning.
    10    Parcel B:
    11    All that certain plot, piece or parcel of  land,  situate,  lying  and
    12  being  in  the borough of Manhattan, city, county and state of New York,
    13  bounded and described as follows:
    14    Beginning at the corner formed by the intersection  of  the  northerly
    15  side  of  Wall  Street  with  the westerly side of Water Street; running
    16  thence northerly, along the westerly side of Water Street,  about  fifty
    17  feet  nine  inches  to  the premises Number One Hundred and Twenty Water
    18  Street; thence westerly, along the southerly side of premises Number One
    19  Hundred and Twenty Water Street, about eighty feet seven inches  to  the
    20  easterly side of premises Number Eighty-Two Wall Street, thence norther-
    21  ly,  along  the easterly side of premises Number Eighty-Two Wall Street,
    22  to a point where it is intersected by a line drawn along  the  northerly
    23  face of the northerly wall of the four-story and basement brick building
    24  formerly  erected  thereon; thence westerly, along the northerly side of
    25  said northerly wall, about twenty feet to  the  westerly  side  of  said
    26  premises  Number  Eighty-Two  Wall  Street;  thence southerly, along the
    27  westerly side of said premises  Number  Eighty-Two  Wall  Street,  about
    28  fifty-three  feet  six  inches to the northerly side of Wall Street; and
    29  thence easterly along the northerly side of Wall Street, to the point or
    30  place of beginning.
    31    Provided, however, that with respect to such retail licensee's  inter-
    32  est  in  a  business  engaged in the manufacture or sale at wholesale of
    33  alcoholic beverages  described  in  subdivision  one-a  of  section  one
    34  hundred  one  of this article: (i) such interest must have been acquired
    35  prior to the effective date of [the] chapter two hundred ninety-nine  of
    36  the  laws  of  two  thousand twenty-one [which added this subparagraph];
    37  (ii) such retail licensee may not purchase alcoholic beverages  directly
    38  from any such manufacturer or wholesaler; and (iii) no more than fifteen
    39  percent  of  the annual dollar value of alcoholic beverages purchased by
    40  such retail licensee for sale on the premises may  be  produced  by  any
    41  such manufacturer[.]; or
    42    (xviii)  Real property in the Town of East Hampton, County of Suffolk,
    43  State of New York, described as follows:
    44    ALL that certain plot, piece or parcel of  land,  situate,  lying  and
    45  being  at  Montauk, Town of East Hampton, County of Suffolk and State of
    46  New York, bounded and described as follows:
    47    BEGINNING at the corner formed by the intersection  of  the  northeast
    48  side of Surfside Place with the southeast side of Ocean view Terrace;
    49    RUNNING  THENCE  from  said point of beginning along the southeasterly
    50  side of Oceanview Terrace North 68 degrees 18 minutes 15  seconds  East,
    51  265.64 feet to land formerly of Montauk Improvement Inc.;
    52    THENCE  along  said  land South 24 degrees 34 minutes 52 seconds East,
    53  321.71 feet to the northerly line of boardwalk easement;
    54    THENCE still along said course, 82 feet, more and  less  (114.76  feet
    55  per survey), to the high water mark of the Atlantic Ocean;

        S. 8941                             3

     1    THENCE  southwesterly  and  along  the high water mark of the Atlantic
     2  Ocean, 267 feet more or less (265,41 feet per survey) to  the  northeast
     3  side of the Surfside Place;
     4    THENCE  along the northeast side of Surfside Place North 24 degrees 34
     5  minutes 52 seconds West, 425  feet,  more  or  less,  (448.98  feet  per
     6  survey) to the point or place of BEGINNING.
     7    Provided,  however, that with respect to such retail licensee's inter-
     8  est in a business engaged in the manufacture or  sale  at  wholesale  of
     9  alcoholic  beverages  described  in  subdivision  one-a  of  section one
    10  hundred one of this article: (i) such interest must have  been  acquired
    11  prior  to  the effective date of the chapter of the laws of two thousand
    12  twenty-two  which added this subparagraph; (ii) such retail licensee may
    13  not purchase alcoholic beverages directly from any such manufacturer  or
    14  wholesaler;  and (iii) no more than fifteen percent of the annual dollar
    15  value  of alcoholic beverages purchased by such retail licensee for sale
    16  on the premises may be produced by any such manufacturer.
    17    § 2. This act shall take effect immediately; provided,  however,  that
    18  the amendments to subparagraph (xvii) of paragraph (a) of subdivision 13
    19  of section 106 of the alcoholic beverage control law made by section one
    20  of  this  act shall not affect the repeal of such subparagraph and shall
    21  be deemed repealed therewith.
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