Bill Text: NY S06781 | 2021-2022 | General Assembly | Amended
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 (Democrat 1-0)
Status: (Passed) 2021-07-16 - SIGNED CHAP.299 [S06781 Detail]
Download: New_York-2021-S06781-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6781--A 2021-2022 Regular Sessions IN SENATE May 17, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- 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 a license to sell liquor at retail for consumption on certain premises; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (xvi) of paragraph (a) of subdivision 13 of 2 section 106 of the alcoholic beverage control law, as added by chapter 3 218 of the laws of 2020, is amended and a new subparagraph (xvii) is 4 added to read as follows: 5 (xvi) where such licensed wholesaler or manufacturer also has an 6 interest in any such premises or business constituting the overnight 7 lodging and resort facility located wholly within the boundaries of that 8 tract or parcel of land situate in the city of Canandaigua, county of 9 Ontario, beginning at a point in the northerly line of village lot nine 10 where it meets with South Main Street, thence south sixty-nine degrees 11 fifty-four minutes west a distance of nine hundred sixteen and twenty- 12 three hundredths feet to an iron pin; thence in the same course a 13 distance of fourteen feet to an iron pin; thence in the same course a 14 distance of fourteen and four-tenths feet to a point; thence south 15 fifteen degrees thirty-eight minutes and forty seconds east a distance 16 of four hundred forty-six and eighty-seven hundredths feet to a point; 17 thence south twenty-eight degrees thirty-seven minutes and fifty seconds 18 east a distance of one hundred thirteen and eighty-four hundredths feet 19 to a point; thence south eighty-five degrees and forty-seven minutes 20 east a distance of forty-seven and sixty-one hundredths feet to an iron 21 pin; thence on the same course a distance of three hundred and sixty- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06117-03-1S. 6781--A 2 1 five feet to an iron pin; thence north seventeen degrees twenty-one 2 minutes and ten seconds east a distance of four hundred fifty-seven and 3 thirty-two hundredths feet to an iron pin; thence north nineteen degrees 4 and thirty minutes west a distance of two hundred and forty-eight feet 5 to a point; thence north sixty-nine degrees and fifty-four minutes east 6 a distance of two hundred eighty-four and twenty-six hundredths feet to 7 a point; thence north nineteen degrees and thirty minutes west a 8 distance of sixty feet to the point and place of beginning, provided 9 that such facility maintains not less than seventy-five rooms and suites 10 for overnight lodging[.]; or 11 (xvii) Parcel A 12 All that certain plot, piece or parcel of land, situate, lying and 13 being in the borough of Manhattan, city, county and state of New York, 14 bounded and described as follows: 15 Beginning at a point formed by the intersection of the northerly side 16 of Wall Street and the easterly side of Pearl Street; running thence 17 northerly along the easterly side of Pearl Street, 76 feet 1 inch; 18 thence easterly on a line forming an angle on its northerly side with 19 the easterly side of Pearl Street of 85° 33' 30", a distance of 43 feet 20 1 inch; thence southerly on a line which forms an angle on its westerly 21 side with said last mentioned course of 90° 22', a distance of 1 foot; 22 thence easterly on a line which forms an angle on its southerly side 23 with said last mentioned course of 89° 24', a distance of 18 feet 3 24 inches, more or less, to a point where it is intersected by a line drawn 25 along the westerly side of the one-story brick extension at the rear of 26 the premises No. 122 Water Street; thence southerly on a line which on 27 its westerly side forms an angle of 86° 43' with the preceding course 28 and along said one-story brick extension, 17 feet 3 inches to the corner 29 of said one-story brick building; thence easterly on a line which on its 30 northerly side forms an angle of 91° 40' with the preceding course, 6 31 feet 8 1/2 inches to premises now known as No. 120 Water Street; thence 32 southerly along a line which on its westerly side forms an angle of 91° 33 40' with the preceding course, 10 feet 9 inches to the premises now or 34 late of Tontine Company; thence westerly along said premises on a line 35 which on its northerly side forms an angle of 88° 20' with the preceding 36 course, 20 feet; thence southerly and still along land now or late of 37 Tontine Company on a line which on its easterly side forms an angle of 38 89° 09' with the preceding course, 53 feet 5 inches to the northerly 39 side of Wall Street; and thence westerly along the northerly side of 40 Wall Street on a line which on its northerly side forms an angle of 88° 41 08' with the preceding course, 48 feet 11 1/2 inches to the easterly 42 side of Pearl Street at the point or place of beginning. 43 Parcel B: 44 All that certain plot, piece or parcel of land, situate, lying and 45 being in the borough of Manhattan, city, county and state of New York, 46 bounded and described as follows: 47 Beginning at the corner formed by the intersection of the northerly 48 side of Wall Street with the westerly side of Water Street; running 49 thence northerly, along the westerly side of Water Street, about fifty 50 feet nine inches to the premises Number One Hundred and Twenty Water 51 Street; thence westerly, along the southerly side of premises Number One 52 Hundred and Twenty Water Street, about eighty feet seven inches to the 53 easterly side of premises Number Eighty-Two Wall Street, thence norther- 54 ly, along the easterly side of premises Number Eighty-Two Wall Street, 55 to a point where it is intersected by a line drawn along the northerly 56 face of the northerly wall of the four-story and basement brick buildingS. 6781--A 3 1 formerly erected thereon; thence westerly, along the northerly side of 2 said northerly wall, about twenty feet to the westerly side of said 3 premises Number Eighty-Two Wall Street; thence southerly, along the 4 westerly side of said premises Number Eighty-Two Wall Street, about 5 fifty-three feet six inches to the northerly side of Wall Street; and 6 thence easterly along the northerly side of Wall Street, to the point or 7 place of beginning. 8 Provided, however, that with respect to such retail licensee's inter- 9 est in a business engaged in the manufacture or sale at wholesale of 10 alcoholic beverages described in subdivision one-a of section one 11 hundred one of this article: (i) such interest must have been acquired 12 prior to the effective date of the chapter of the laws of two thousand 13 twenty-one which added this subparagraph; (ii) such retail licensee may 14 not purchase alcoholic beverages directly from any such manufacturer or 15 wholesaler; and (iii) no more than fifteen percent of the annual dollar 16 value of alcoholic beverages purchased by such retail licensee for sale 17 on the premises may be produced by any such manufacturer. 18 § 2. This act shall take effect immediately; provided, however, that 19 upon the sale or transfer of the parcels detailed in subparagraph (xvii) 20 of paragraph (a) of subdivision 13 of section 106 of the alcoholic 21 beverage control law, such subparagraph shall expire and be deemed 22 repealed unless the licensee immediately obtains a leasehold upon such 23 sale or transfer of such parcel as part of the sale or transfer. If the 24 licensee obtains such a leasehold, the subparagraph pertaining to such 25 parcel shall expire and be deemed repealed upon the end or termination 26 of such lease. The state liquor authority shall notify the legislative 27 bill drafting commission upon notification by the licensee of the sale, 28 transfer or termination of the leasehold, or non-renewal of the lease- 29 hold of the parcel detailed in subparagraph (xvii) of paragraph (a) of 30 subdivision 13 of section 106 of the alcoholic beverage control law in 31 order that the commission may maintain an accurate and timely effective 32 data base of the official text of the laws of the state of New York in 33 furtherance of effectuating the provisions of section 44 of the legisla- 34 tive law and section 70-b of the public officers law.
