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.