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.