Bill Text: NY A08502 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer for certain premises in the county of Erie.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-07-11 - enacting clause stricken [A08502 Detail]

Download: New_York-2011-A08502-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8502
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 20, 2011
                                      ___________
       Introduced  by  M. of A. HOYT -- read once and referred to the Committee
         on Economic Development
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         authorizing the liquor authority to issue certain licenses to manufac-
         ture  and  sell  alcoholic beverages in a premises commonly known as a
         restaurant-brewer
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  10 of section 64-c of the alcoholic beverage
    2  control law, as added by chapter 538 of the laws of 1997, is amended  to
    3  read as follows:
    4    10. (A) Except as provided in subdivisions seven, eight, nine, twelve,
    5  thirteen, fourteen and sixteen of this section, no person licensed under
    6  this section may be interested directly or indirectly in any other prem-
    7  ises  in  this state where alcoholic beverages are manufactured or sold.
    8  Any person who has an interest in premises eligible for conversion under
    9  subdivision nine of this section shall not be issued any  license  under
   10  this  section  unless  and until a conversion application has been filed
   11  with and approved by the authority.
   12    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   13  SION,  THE  AUTHORITY  MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S
   14  LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE  FOLLOWING
   15  PREMISES:
   16    ALL  THAT  TRACT  OR  PARCEL  OF LAND SITUATED IN THE CITY OF BUFFALO,
   17  COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF INNER LOT  NO.  200,
   18  DESCRIBED AS FOLLOWS:
   19    BEGINNING  AT  A  POINT IN THE WEST LINE OF ELLICOTT STREET WHERE SAID
   20  WEST LINE IS INTERSECTED BY THE SOUTHERLY LINE OF  SAID  INNER  LOT  NO.
   21  200, WHICH POINT IS ONE HUNDRED EIGHTY-NINE AND SIX TENTHS (189.60) FEET
   22  SOUTH  OF THE INTERSECTION OF SAID WEST LINE OF ELLICOTT STREET WITH THE
   23  SOUTH LINE OF HURON STREET; RUNNING THENCE WESTERLY ALONG THE SOUTH LINE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13197-01-1
       A. 8502                             2
    1  OF SAID INNER LOT NO. 200, ONE  HUNDRED  (100)  FEET;  THENCE  NORTHERLY
    2  PARALLEL  WITH  ELLICOTT  STREET FORTY-EIGHT AND FIVE HUNDREDTHS (48.05)
    3  FEET; THENCE EASTERLY AND AT RIGHT ANGLES TO  ELLICOTT  STREET  EIGHTEEN
    4  AND  THIRTY-SIX  HUNDREDTHS  (18.36) FEET; THENCE SOUTHERLY ONE (1) FOOT
    5  MORE OR LESS TO A DIVISION LINE OF THE NORTHERLY WALL OF BUILDING  KNOWN
    6  AS  NO.  338-342 ELLICOTT STREET AND SOUTHERLY WALL OF BUILDING KNOWN AS
    7  NO. 346 ELLICOTT STREET: THENCE EASTERLY AND AT RIGHT ANGLES TO ELLICOTT
    8  STREET EIGHTY-ONE AND SIXTY-FOUR HUNDREDTHS (81.64) FEET TO THE WESTERLY
    9  LINE OF ELLICOTT STREET; THENCE SOUTHERLY ALONG  THE  WESTERLY  LINE  OF
   10  ELLICOTT STREET FORTY-SIX AND SEVENTY-TWO HUNDREDTHS (46.72) FEET TO THE
   11  POINT OR PLACE OF BEGINNING.
   12    (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
   13  SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER  OF  A  RESTAURANT-BREWER'S
   14  LICENSE,  A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING
   15  PREMISES:
   16    BEGINNING AT A POINT IN THE  EASTERLY  LINE  OF  ELLICOTT  STREET  ONE
   17  HUNDRED  EIGHTY-FIVE  (185)  FEET NORTHERLY FROM THE INTERSECTION OF THE
   18  NORTHERLY LINE OF CHIPPEWA STREET WITH THE  EASTERLY  LINE  OF  ELLICOTT
   19  STREET  ABOUT  ONE  HUNDRED  EIGHTEEN  (118)  FEET;  THENCE WESTERLY ONE
   20  HUNDRED TWENTY-NINE  AND  FIVE  HUNDREDTHS  (129.05)  FEET  TO  ELLICOTT
   21  STREET; THENCE SOUTHERLY ON THE EAST LINE OF ELLICOTT STREET TWENTY-FOUR
   22  (24) FEET TO THE PLACE OF BEGINNING, BE THE SAME MORE OR LESS.
   23    (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
   24  SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER  OF  A  RESTAURANT-BREWER'S
   25  LICENSE,  A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING
   26  PREMISES.
   27    ALL THAT TRACT OR PARCEL OF LAND, SITUATED IN  THE  CITY  OF  BUFFALO,
   28  COUNTY  OF  ERIE  AND  STATE OF NEW YORK, BEING PART OF INNER LOT NUMBER
   29  SEVENTY-ONE (71), DESCRIBED AS FOLLOWS:
   30    BEGINNING IN THE WESTERLY LINE OF PEARL STREET AT THE SOUTHEAST CORNER
   31  OF INNER LOT NUMBER SEVENTY ONE (71), WHICH IS ALSO THE  NORTH  LINE  OF
   32  INNER  LOT  NUMBER  SEVENTY  (70), ONE HUNDRED TWENTY AND THREE TWELFTHS
   33  (120 3/12) FEET TO A POINT DISTANT EASTERLY FROM THE  EASTERLY  LINE  OF
   34  FRANKLIN  STREET ONE HUNDRED TWELVE (112) FEET MEASURED ALONG SAID SOUTH
   35  LINE OF INNER LOT NUMBER SEVENTY-ONE (71), WHICH POINT IS THE  SOUTHEAST
   36  CORNER OF A CERTAIN "COURT" DESCRIBED IN DEED RECORDED IN THE ERIE COUN-
   37  TY  CLERK'S  OFFICE  IN  LIBER 1316 OF DEEDS AT PAGE 210; RUNNING THENCE
   38  NORTHERLY PARALLEL WITH FRANKLIN STREET AND ALONG THE EASTERLY  LINE  OF
   39  THE  "COURT"  LAST  MENTIONED EIGHTY (80) FEET MORE OR LESS TO THE NORTH
   40  LINE OF INNER LOT NUMBER SEVENTY-ONE (71);  THENCE  EASTERLY  ALONG  THE
   41  SAID  NORTH OF INNER LOT NUMBER SEVENTY-ONE (71); ONE HUNDRED TWENTY AND
   42  THREE TWELFTHS (120 3/12) FEET MORE OR LESS  TO  THE  WESTERLY  LINE  OF
   43  PEARL  STREET;  THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PEARL STREET
   44  SEVENTY-NINE HUNDREDTHS (79.97) FEET TO THE PLACE OF BEGINNING.
   45    (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   46  SION,  THE  AUTHORITY  MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S
   47  LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE  FOLLOWING
   48  PREMISES:
   49    ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE CITY OF BUFFALO,
   50  COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 248  OF  THE
   51  PARISH TRACT SO CALLED, BOUNDED AND DESCRIBED AS FOLLOWS:
   52    BEGINNING  AT A POINT IN THE NORTHERLY LINE OF AMHERST STREET 445 FEET
   53  WESTERLY FROM THE INTERSECTION WITH THE WESTERLY LINE OF  GRANT  STREET;
   54  THENCE  NORTHERLY AT RIGHT ANGLES TO AMHERST STREET, 175.22 FEET; THENCE
   55  WESTERLY 37.49 FEET; THENCE SOUTHERLY PARALLEL WITH THE FIRST  DESCRIBED
       A. 8502                             3
    1  LINE  162.79 FEET TO AMHERST STREET; THENCE EASTERLY ALONG THE NORTHERLY
    2  LINE OF AMHERST STREET 35 FEET TO THE PLACE OF BEGINNING.
    3    ALL  THAT  TRACT  OR  PARCEL OF LAND, SITUATED IN THE CITY OF BUFFALO,
    4  COUNTY OF ERIE AND STATE OF NEW YORK,  BEING  PARK  OF  LOT  NUMBER  TWO
    5  HUNDRED  FORTY-EIGHT  (248)  OF THE PARISH TRACT, SO CALLED, AND FURTHER
    6  DISTINGUISHED AS THE EAST FIFTEEN (15) FEET OF  SUBDIVISION  LOT  NUMBER
    7  NINE  (9) AND THE WEST TWENTY (20) FEET OF SUBDIVISION LOT NUMBER ELEVEN
    8  (11) AS SHOWN AS MAP FILED IN ERIE COUNTY  CLERK'S  OFFICE  UNDER  COVER
    9  NUMBER 24, AMHERST STREET, NORTHWEST SIDE, FOUR HUNDRED FIFTY (450) FEET
   10  EAST OF MILITARY ROAD.
   11    S 2. This act shall take effect immediately.
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