Bill Text: NY A04051 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Exempts certain parcels of land containing the Smith Opera House from licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-06-05 - substituted by s4999b [A04051 Detail]

Download: New_York-2023-A04051-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4051--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced by M. of A. GALLAHAN, BYRNES, MANKTELOW, DeSTEFANO, E. BROWN,
          BENDETT,  BRABENEC, LEMONDES, HAWLEY -- Multi-Sponsored by -- M. of A.
          ANGELINO, TAGUE -- read once and referred to the Committee on Economic
          Development -- committee discharged, bill amended,  ordered  reprinted
          as amended and recommitted to said committee

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          exempting certain parcels of land from licensing restrictions  prohib-
          iting  manufacturers, wholesalers and retailers of alcoholic beverages
          from sharing an interest in a licensed premises

          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 is  amended  by  adding  a  new  subparagraph
     3  (xvii) to read as follows:
     4    (xvii)  All that certain lot, piece or parcel of land, with the build-
     5  ings and improvements thereon erected, situate, lying and being  on  the
     6  northerly side of Seneca Street in the city of Geneva, county of Ontario
     7  and  state  of  New  York,  more  particularly  bounded and described as
     8  follows:
     9    PARCEL 1
    10  BEGINNING at a point in the northerly line of  said  Seneca  street  and
    11  distant  one  hundred  eighteen  and  five-tenths (118.5) feet westerly,
    12  measured along said northerly line of Seneca Street, from  the  westerly
    13  line  of  Linden Street, as at present monumented by the city of Geneva;
    14  thence running (1) northerly at an angle in the  northwest  quadrant  of
    15  ninety  (90)  degrees,  sixteen  (16) minutes with the northerly line of
    16  Seneca Street a distance  of  one  hundred  ninety-two  and  five-tenths
    17  (192.5)  feet,  more  or  less,  to a point in the old line fence, which
    18  point is the northeasterly corner of the premises;  thence  running  (2)
    19  westerly along said old line fence at an angle in the northwest quadrant
    20  of  eighty-five (85) degrees, fifty-two (52) minutes with the line fence

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08002-04-3
        A. 4051--A                          2

     1  herein described a distance of seventy-eight and two-tenths (78.2)  feet
     2  to  a  point;  thence running (3) northerly at an angle in the northeast
     3  quadrant of ninety-four (94) degrees, four (4)  minutes  with  the  last
     4  described  course  and along a jog in said fence a distance of three and
     5  five-tenths (3.5) feet, more or less, to a  point;  thence  running  (4)
     6  westerly  and  continuing along said old fence line a distance of eleven
     7  and five-tenths (11.5) feet, more or less, to a point,  which  point  is
     8  the northwest corner of the premises, and running thence (5) in a south-
     9  erly  direction  a distance of two hundred two (202) feet, more or less,
    10  to the northerly line of said Seneca Street, as  now  monumented,  which
    11  point  is  the  southwest corner of the premises, and running thence (6)
    12  along the northerly line of said Seneca Street a distance of eighty-nine
    13  and seven-tenths (89.7) feet to the point or place of beginning.
    14  PARCEL 2
    15  All that certain lot, piece or parcel of land situate  in  the  city  of
    16  Geneva,  County  of  Ontario  and  state  of New York, more particularly
    17  bounded and described as follows:
    18  Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,
    19  said point being one foot south of the south wall of  the  present  barn
    20  now  on  said  land, and running thence southerly about twenty-nine (29)
    21  feet, more or less, to the north line of the lands of  the  S-G  Theatre
    22  Corporation; thence westerly along the north line of the land of the S-G
    23  Corporation  thirty-three  (33)  feet  to  a point; thence northerly and
    24  parallel with the first course hereof and along the westerly line of the
    25  lands of Agnes Dempsey Doxsee to a point; which point if measured  in  a
    26  straight  line  east  and  west would be one (1) foot south of the south
    27  line of the present barn; thence easterly thirty-three (33) feet to  the
    28  place of beginning.
    29  Being  the  same premises shown on a map of a survey prepared by William
    30  J.  Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C)  filed  in
    31  the Ontario County Clerk's office.
    32    §  2.  Paragraph (a) of subdivision 13 of section 106 of the alcoholic
    33  beverage control law is amended by adding a new  subparagraph  (xix)  to
    34  read as follows:
    35    (xix)  ALL  THAT  TRACT  OR  PARCEL  OF  LAND,  with the buildings and
    36  improvements thereon erected, situate, lying and being  on  County  Road
    37  153 in Military Lot 14 & 23 in the Town of Ovid, County of Seneca, State
    38  of New York bounded and described as follows:
    39    BEGINNING  at  a point in the assumed centerline of County Road 153 at
    40  the apparent center of the bridge over Sheldrake Creek, said point  also
    41  being  southerly  a  distance of 292 feet more or less from the apparent
    42  intersection of said centerline with the assumed centerline of Sheldrake
    43  Road; thence leaving the point of beginning South 18° 21' 25" East along
    44  the assumed centerline of County Road 153 a distance of 260.70 feet to a
    45  point; thence South 19° 47' 57" East along said centerline a distance of
    46  107.76 feet to a point; thence South 21° 16' 18" East along said center-
    47  line a distance of 182.94 feet to a point; thence North 73° 21' 51" East
    48  along lands reputedly of Atwood (lib. 385, page 398) passing through  an
    49  iron  pipe  17.91  feet  distant, and continuing further along that same
    50  course a distance of 80.43 feet farther, the total distance being  98.34
    51  feet  to  an  iron  pipe in concrete at or near the shore line of Cayuga
    52  Lake;  thence  in  a  southerly  direction  the  following  courses  and
    53  distances  along  tie  lines  at  or near the shore line of Cayuga Lake:
    54  South 03° 51' 47" West a distance of 91.67 feet to a point; thence South
    55  09° 41' 08" East a distance of 60.89 feet to a point; thence  South  25°
    56  12'  40"  East a distance of 86.20 feet to an iron pin; thence South 68°
        A. 4051--A                          3

     1  29' 53" West along lands reputedly of Boyle (lib. 397, page 1128)  pass-
     2  ing through an iron pin 35.00 feet distant, and continuing further along
     3  that  same  course  passing through another iron pin 40.00 feet farther,
     4  and continuing still further along that same course a distance of 149.00
     5  feet  farther,  the  total  distance  being  224.00 feet to an iron pin;
     6  thence South 17° 34' 07" East along said lands of Boyle, passing through
     7  a concrete post 170.00 feet distant, and continuing further  along  that
     8  same course along lands reputedly of Riemenschneider (lib. 449, page 61)
     9  a  distance of 159.70 feet farther, the total distance being 329.70 feet
    10  to an iron pin; thence South 75° 00' 23" West along lands  reputedly  of
    11  Diamond-Carey  (lib. 430, page 271) a distance of 250.00 feet to an iron
    12  pin; thence South 62° 21' 07" West along said lands of  Diamond-Carey  a
    13  distance of 168.29 feet to an iron pipe 2 feet east of a 12 inch hickory
    14  tree;  thence South 01° 32' 47" West along said lands of Diamond-Carey a
    15  distance of 377.63 feet to an iron pin; thence North 72°  01'  46"  East
    16  along  said  lands  of Diamond-Carey a distance of 17.49 feet to an iron
    17  pin; thence South 13° 10' 51" East along lands reputedly of  Poes  (lib.
    18  533,  page  327)  a distance of 174.57 feet to an iron pin; thence South
    19  61° 15' 35" West along lands reputedly of Diamond, Helfman &  Day  (lib.
    20  482,  page  354)  a distance of 44.90 feet to an iron pipe; thence South
    21  23° 58' 18" East along said lands of Diamond, Helfman  &  Day  and  also
    22  along  lands  reputedly of Day (lib. 317, page 341) a distance of 197.28
    23  feet to an axle; thence South 03° 33' 43" East along lands reputedly  of
    24  Dusinbere (lib. 510, page 151) a distance of 76.42 feet to an iron pipe;
    25  thence  South  04°  24'  03" East along said lands of Dusinbere, passing
    26  through an iron pipe 102.31 feet distant, and continuing  further  along
    27  that  same  course along lands reputedly of Frantz (lib. 432, page 69) a
    28  distance of 238.42 feet farther, the total distance being 340.73 feet to
    29  an iron pin; thence South 05° 1 T 20"  East  along  lands  reputedly  of
    30  Holman  (lib.  331, page 398) a distance of 199.65 feet to an iron pipe;
    31  thence North 85° 47' 17" West along lands reputedly of Travis (lib. 413,
    32  page 61) a distance of 60.22 feet to an iron pipe; thence South 49°  37'
    33  13" West along said lands of Travis a distance of 136.80 feet to an iron
    34  pipe;  thence  South  52°  29'  03"  West  along  said lands of Travis a
    35  distance of 201.20 feet to a point; thence South 67° 02' 08" West  along
    36  said  lands  of  Travis a distance of 203.75 feet to an iron pin; thence
    37  South 05° 58' 13" West a distance of 25.95 feet to a point in  a  double
    38  basswood  stump;  thence North 84° 57' 23" West along lands reputedly of
    39  Travis (Lib.  413, page 61) a distance of 643.08 feet to an  iron  pipe;
    40  thence  North  85°  19'  03"  West along lands reputedly of George (lib.
    41  501, page 283) a distance of 2953.18 feet to an iron pin;  thence  North
    42  85°  01'  43"  West a distance of 260.88 feet to an iron pin; thence the
    43  following courses and distances along tie lines being  along  the  south
    44  bank of Sheldrake Creek: North 04° 58' 17" East a distance of 75.00 feet
    45  to a point; North 53° 32' 03" East a distance of 257.36 feet to a point;
    46  North  49°  46' 21" East a distance of 388.42 feet to a point; North 70°
    47  07' 21" East a distance of 113.39 feet to a point;  North  85°  22'  45"
    48  East  a  distance  of  158.74  feet to a point; South 75° 38' 53" East a
    49  distance of 138.69 feet to a point; North 75° 27' 23" East a distance of
    50  123.03 feet to a point; North 01° 49' 54" West a distance of 286.17 feet
    51  to a point; North 45° 15' 53" East a distance of 124.41 feet to a point;
    52  South 74° 36' 39" East a distance of 235.69 feet to a point;  North  76°
    53  37'  59"  East  a  distance of 203.07 feet to a point; North 44° 08' 15"
    54  East a distance of 225.05 feet to a point; North  32°  19'  26"  East  a
    55  distance of 175.45 feet to a point; North 87° 20' 19" East a distance of
    56  266.75 feet to a point; North 50° 26' 38" East a distance of 286.68 feet
        A. 4051--A                          4

     1  to  a  point;  North  69°  39' 24" East a distance of 218. 09 fee t to a
     2  point; North 34° 09' 56" East a distance of  183.80  feet  to  a  point;
     3  North  06°  30' 06" East a distance of 173.73 feet to a point; North 82°
     4  28'  34"  East  a  distance of 318.45 feet to a point; North 63° 12' 37"
     5  East a distance of 457.87 feet to a point; North  47°  33'  36"  East  a
     6  distance of 228.07 feet to a point; North 60° 11* 17" East a distance of
     7  263.17 feet to a point; North 71° 05' 04" East a distance of 179.45 feet
     8  to a point; North 81° 35' 05" East a distance of 337.03 feet to a point;
     9  North  76°  08'  39"  East  a distance of 164.59 feet to a point; thence
    10  North 21° 30' 07" West a distance of  56.80  feet  to  a  point  in  the
    11  assumed  centerline  of  Sheldrake  Creek; thence North 64° 26' 00" East
    12  along said centerline a distance of 140.00 feet to a point; thence North
    13  38° 10' 00" East along said centerline a distance of 150.00  feet  to  a
    14  point, said point being the point and place of beginning.  COMPRISING an
    15  area of 155.081 acres of land according to a survey completed by Michael
    16  D. Karlsen on December 20, 1996 entitled "Plan of Land to be Conveyed by
    17  Seymour  Diamond" known as job number 96-572-2 and a survey completed by
    18  Michael D. Karlsen on December 9, 1996 entitled "Plan  Showing  Easterly
    19  Lines  of  Seymour  Diamond" known as job number 96-572-1. Said maps are
    20  filed in the Seneca County Clerk's Office in Map book 97  pages  38  and
    21  39.
    22    Also  quit  claiming  all right, title and interest in and to the land
    23  lying between the centerline of Sheldrake Creek and the  south  bank  of
    24  said Sheldrake Creek.
    25    SUBJECT  TO a right of way conveyed to New York State Electric and Gas
    26  Corporation by instrument dated June 14, 1945 and recorded in the Seneca
    27  County Clerk's Office in Liber 186 of Deeds at Page 454.
    28    SUBJECT TO the rights of the public in and to County Road 153.
    29    SUBJECT TO a permanent right of way and easement for  ingress  to  and
    30  egress  from the spring on the premises herein conveyed across the prem-
    31  ises herein conveyed to the premised herein excepted  and  reserved  for
    32  purposes  of  the  installation,  maintenance and repair of a water pipe
    33  line running from the said spring to  the  said  premises  excepted  and
    34  reserved  which  said  pipe line shall be used for purposes of supplying
    35  water from said spring to said reserved  premises  for  residential  and
    36  allied uses (Liber 397, page 1128).
    37    SUBJECT  TO  the  right to use water from a certain spring situated on
    38  the premises herein conveyed, said water from said spring to be used  to
    39  supply  the  dwelling  house identified in Liber 449 of Deeds at Page 61
    40  only and said water to be piped to the said house as  the  same  is  now
    41  piped  and  no  larger pipes to be installed at any time, for such water
    42  supply, together with the right to go upon the premises herein  conveyed
    43  for the purpose of repairing and renewing said pipes.
    44    TOGETHER  with  all of the right, title and interest of the grantor in
    45  and to any lands or waters that may lie between high and low water  mark
    46  of  Cayuga Lake and immediately to the east of the above described prem-
    47  ises and between the north and south line of said premises  produced  in
    48  an  easterly  direction;  it being understood between the parties hereto
    49  that all the premises conveyed herein which tend to convey any rights in
    50  and to Cayuga Lake are subject to all lawful rights of the State of  New
    51  York and to lawful usage during times of high water.
    52    TOGETHER  with  a  20-foot right of way from Lake Road over and across
    53  premises now or formerly of Dusinbere (510/151), subject to the right of
    54  Dusinbere, their heirs, distributees and assigns, to relocate said right
    55  of way at any time hereafter.
        A. 4051--A                          5

     1    BEING AND INTENDING the same premises which were conveyed to the party
     2  of the first part herein by  warrant  deed  of  Seymour  Diamond,  dated
     3  February  6,  1997  and  recorded in the Seneca County Clerk's office on
     4  February 6, 1997 in Liber 550 of Deeds at page 243.
     5    ALSO  ALL  THAT  TRACT  OR PARCEL OF LAND situate in the Town of Ovid,
     6  Seneca County, New York being a part of Lot No. 23 in said town and more
     7  particularly bounded and described as follows:
     8    BEGINNING at a point in the center line of County Road No.  153,  said
     9  point being located southerly along said center line a distance of 1,080
    10  feet  from  its  intersection  with  the  center line of Sheldrake Road;
    11  thence North 68° 29' 53' East, said course passing through a found on at
    12  14.64 feet a total distance of 49.64 feet to a found  pin  in  the  high
    13  water  mark  of  Cayuga  Lake; thence southeasterly along the high water
    14  line of Cayuga Lake a distance of 174 feet, said course having  a  chord
    15  tie of South 32° 06' 16" East and a chord tie distance of 172.91 feet to
    16  a  point  at  the  high  water mark; thence South 68° 29' 53" West, said
    17  course passing through a found iron bar in the easterly right of way  of
    18  County  Road No. 153 at 53.85 feet and continuing across County Road No.
    19  153 and passing through a found iron bar in the west line of County Road
    20  No.  153 at 103.60 feet a total distance  of  267.50  feet  to  a  found
    21  concrete  monument;  thence  North 13° 34' 07" West a distance of 170.35
    22  feet to a found pin; thence North 68° 29' 53" east, said course  passing
    23  through  a  found  pin  near the west line of County Road No. 153 at 149
    24  feet a total distance of 174.36 feet to the point or place of beginning,
    25  containing 0.77 acre of land, more or less.
    26    The above described premises are as shown on a survey entitled "Survey
    27  Map Showing Lands of Judith Boyle No. 7488 County Road No.  153  -  Mil.
    28  Lot  14  Town  of Ovid, Seneca County, New York" dated April 24, 1998 as
    29  prepared by T.G. Miller P.C., Engineers and Surveyors. Said map is filed
    30  in the Seneca County Clerk's Office in Map book 98 page 159.
    31    BEING the same premises conveyed to the  grantor  herein  by  deed  of
    32  Judith  Boyle  dated June 3, 1998, recorded in the Seneca County Clerk's
    33  Office on June 26, 1998 in Liber 573 of Deeds at Page 37.
    34    This conveyance is made SUBJECT to the following:
    35    1. The rights of the public in and to County Road No. 153.
    36    2. Any and all easements or rights of way of record.
    37    TOGETHER with the appurtenances and all the estate and rights  of  the
    38  party of the first part in and to said premises.
    39    § 3. This act shall take effect immediately.