ARTICLE 1 Short Title; Policy of State and Purpose of Chapter: Definitions
Short title. This chapter shall be known and may be cited and
referred to as the "alcoholic beverage control law."
Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic
beverages for the purpose of fostering and promoting temperance in their
consumption and respect for and obedience to law; for the primary
purpose of promoting the health, welfare and safety of the people of the
state, promoting temperance in the consumption of alcoholic beverages;
and, to the extent possible, supporting economic growth, job
development, and the state's alcoholic beverage production industries
and its tourism and recreation industry; and which promotes the
conservation and enhancement of state agricultural lands; provided that
such activities do not conflict with the primary regulatory objectives
of this chapter. It is hereby declared that such policies will best be
carried out by empowering the liquor authority of the state to determine
whether public convenience and advantage will be promoted by the
issuance of licenses to traffic in alcoholic beverages, the increase or
decrease in the number thereof and the location of premises licensed
thereby, subject only to the right of judicial review provided for in
this chapter. It is the purpose of this chapter to carry out these
policies in the public interest.
Definitions. Whenever used in this chapter, unless the context
requires otherwise:
1. "Alcoholic beverage" or "beverage" mean and include alcohol,
spirits, liquor, wine, beer, cider and every liquid, solid, powder or
crystal, patented or not, containing alcohol, spirits, wine or beer and
capable of being consumed by a human being, and any warehouse receipt,
certificate, contract or other document pertaining thereto; except that
confectionery containing alcohol as provided by subdivision twelve of
section two hundred of the agriculture and markets law and ice cream and
other frozen desserts made with liquor, wine, beer or cider as provided
in subdivision fifteen of section two hundred of the agriculture and
markets law shall not be regulated as an "alcoholic beverage" or
"beverage" within the meaning of this section where the sale, delivery
or giving away is to a person aged twenty-one years or older. The sale,
delivery or giving away of ice cream or other frozen desserts made with
liquor, wine, beer or cider to a person under the age of twenty-one
years may be prosecuted administratively and/or criminally in accordance
with the provisions of this chapter.
2. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of
wine from whatever source or by whatever processes produced.
3. "Beer" means and includes any fermented beverages of any name or
description manufactured from malt, wholly or in part, or from any
substitute therefor.
3-a. "Biomass feedstock" shall mean any substance, other than oil,
natural gas, coal, shale or products derived from any of these which is
capable of being converted into alcohol, including but not be limited to
wood and other forest materials, animal manure, municipal wastes, food
crops and other agricultural materials.
3-b. "Bona fide retailer association" shall mean an association of
retailers holding licenses under this chapter, organized under the
non-profit or not-for-profit laws of this state, and possessing a
federal tax exemption under section 501(c) of the Internal Revenue Code
of the United States.
3-c. "Braggot" shall mean a malt alcoholic beverage made primarily
from honey, water, and malt and/or hops; it may also contain fruits,
spices, herbs, grain or other agricultural products. Honey shall
represent at least fifty-one percent of the starting fermentable sugars
by weight of the finished product. For the purposes of this chapter,
braggot shall be designated and sold as a beer.
4. "Brewery" means and includes any place or premises where beer is
manufactured for sale; and all offices, granaries, mashrooms,
cooling-rooms, vaults, yards, and storerooms connected therewith or
where any part of the process of manufacture of beer is carried on, or
where any apparatus connected with such manufacture is kept or used, or
where any of the products of brewing or fermentation are stored or kept,
shall be deemed to be included in and to form part of the brewery to
which they are attached or are appurtenant.
5. "Brewer" means any person who owns, occupies, carries on, works, or
conducts any brewery, either by himself or by his agent.
6. "Board" or "local board" or "appropriate board" or "board having
jurisdiction" shall mean the state liquor authority.
7. "Building containing licensed premises" shall include the licensed
premises and also any part of a building in which such premises is
contained and any part of any other building connected with such
building by direct access or by a common entrance.
7-a. (a) "Catering establishment" means and includes any premises
owned or operated by any person, firm, association, partnership or
corporation who or which regularly and in a bona fide manner furnishes
for hire therein one or more ballrooms, reception rooms, dining rooms,
banquet halls, dancing halls or similar places of assemblage for a
particular function, occasion or event and/or who or which furnishes
provisions and service for consumption or use at such function, occasion
or event. Such premises must have suitable and adequate facilities and
accommodations to provide food and service for not less than fifty
persons at any one function, occasion or event and shall in no event be
deemed to include any taxi dance hall or any other premises at which
public dances are regularly scheduled to be held daily, weekly or
monthly and to which the general public is invited.
(b) "Off-premises catering establishment" means and includes any
premises owned or operated by any person, firm, association, partnership
or corporation who or which regularly and in a bona fide manner
furnishes for hire at a site remote from the premises for a particular
function, occasion, or event provisions and service for consumption or
use at such function, occasion or event. Such premises must have
suitable and adequate facilities to provide food for not less than fifty
persons. On-premises consumption shall not be allowed at such premises.
7-b. (a) "Cider" means the partially or fully fermented juice of
fresh, whole apples or other pome fruits, containing more than three and
two-tenths per centum but not more than eight and one-half per centum
alcohol by volume: (i) to which nothing has been added to increase the
alcoholic content produced by natural fermentation; and (ii) with the
usual cellar treatments and necessary additions to correct defects due
to climate, saccharine levels and seasonal conditions. Nothing contained
in this subdivision shall be deemed to preclude the use of such methods
or materials as may be necessary to encourage a normal alcoholic
fermentation and to make a product that is free of microbiological
activity at the time of sale. Cider may be sweetened or flavored after
fermentation with fruit juice, fruit juice concentrate, sugar, maple
syrup, honey, spices or other agricultural products, separately or in
combination. Cider may contain retained or added carbon dioxide.
(b) In the event that an alcoholic beverage meets the definition of
both a cider, as defined in this subdivision, and a wine, as defined in
subdivision thirty-six of this section, the brand or trade name label
owner of such alcoholic beverage shall designate whether such alcoholic
beverage shall be sold as a cider or a wine for all purposes under this
chapter.
7-c. "Cidery" means and includes any place or premises wherein cider
is manufactured for sale.
7-d. "Farm cidery" means and includes any place or premises, located
on a farm in New York state, in which New York state labelled cider is
manufactured, stored and sold, or any other place or premises in New
York state in which New York state labelled cider is manufactured,
stored and sold.
8. "Convicted" and "conviction" include and mean a finding of guilt
resulting from a plea of guilty, the decision of a court or magistrate
or the verdict of a jury, irrespective of the pronouncement of judgment
or the suspension thereof.
9. "Club" shall mean an organization of persons incorporated pursuant
to the provisions of the not-for-profit corporation law or the
benevolent orders law, which is the owner, lessee or occupant of a
building used exclusively for club purposes, and which does not traffic
in alcoholic beverages for profit and is operated solely for a
recreational, social, patriotic, political, benevolent or athletic
purpose but not for pecuniary gain; except that where such club is
located in an office or business building, or state armory, it may be
licensed as such provided it otherwise qualifies as a "club" within the
meaning of this subdivision. A "luncheon club" shall mean a club which
is open only on week days during the hours between eleven o'clock in the
morning and three o'clock in the afternoon. A "member" of a club shall
mean a person who whether a charter member or admitted in agreement with
the by-laws of the club, has become a bona fide member thereof, who
maintains his or her membership by the payment of his or her annual dues
in a bona fide manner in accordance with the by-laws and whose name and
address is entered on the list of members; or in the case of a veterans
club where a person has in his or her possession an identification card
indicating his or her membership in the national veterans' organization
with which the club at which he or she is present is affiliated. For the
purposes of this section a veterans club shall include but not be
limited to the Grand Army of the Republic, the United Spanish War
Veterans, the Veterans of Foreign Wars, the Jewish War Veterans of the
United States, Inc., the Catholic War Veterans, Inc., the Italian
American War Veterans of the United States, Incorporated, the Polish
Legion of American Veterans, Inc., the Marine Corps League, the Military
Order of the Purple Heart, Inc., the American Legion, the Disabled
American Veterans, AMVETS, American Veterans of World War II, Masonic
War Veterans of the State of New York, Inc., Veterans of World War I of
the United States of America Department of New York, Inc.,
China-Burma-India Veterans Association, Inc., Polish-American Veterans
of World War II, the Sons of Union Veterans, Vietnam Veterans of
America, the Eastern Paralyzed Veterans Association, the Sons of the
American Legion, or the American Legion Auxiliary. In the case of a
chapter or lodge of a not-for-profit corporation or a benevolent order
qualifying as an organization described in section 501(c)(8) or
501(c)(10) of the United States internal revenue code, a member of
another chapter or lodge of such not-for-profit corporation or
benevolent order who has in his or her possession an identification card
or other proof of membership shall be deemed to be a member. A club and
a luncheon club shall appoint an alcoholic beverage officer from among
its members who shall be responsible for filing all applications and
other documents required to be submitted to the authority. The person
appointed alcoholic beverage officer shall be subject to approval by the
authority.
9-a. "Custom crush facility" means a licensed winery or farm winery
which obtains grapes, fruits and other plants grown exclusively in New
York state from, or on behalf of, other licensed wineries or farm
wineries and crushes, processes, ferments, bottles or conducts any
combination of such services for such other licensed wineries or farm
wineries.
10. "Distiller" means any person who owns, occupies, carries on,
works, conducts or operates any distillery either by himself or by his
agent.
11. "Distillery" means and includes any place or premises wherein any
liquors are manufactured for sale.
11-a. "Farm distillery" means and includes any place or premises
located on a farm in New York state in which liquor is manufactured and
sold, or any other place or premises in New York state in which liquor
is manufactured primarily from farm and food products, as defined in
subdivision two of section two hundred eighty-two of the agriculture and
markets law, and such liquor is sold.
12. "Drug store" means a place registered by the New York state board
of pharmacy for the sale of drugs.
12-a. "Farm winery" means and includes any place or premises, located
on a farm in New York state, in which wine is manufactured and sold.
12-aa. "Farm" means the land, buildings and equipment used to produce,
prepare and market crops, livestock and livestock products as a
commercial enterprise. For the purposes of a farm meadery, farm means
the land, buildings and equipment used to prepare and market honey and
apiary products as a commercial enterprise. A farm may consist of one or
more parcels of owned or rented land, which parcels may be contiguous or
noncontiguous to each other.
12-aaa. "Farm brewery" means and includes any place or premises,
located on a farm in New York state, in which New York state labelled
beer is manufactured, stored and sold, or any other place or premises in
New York state in which New York state labelled beer is manufactured,
stored and sold.
12-aaaa. "Farm meadery" means and includes any place or premises,
located on a farm in New York state, in which New York state labelled
mead or New York state labelled braggot is manufactured, stored and
sold, or any other place or premises in New York state in which New York
state labelled mead or New York state labelled braggot is manufactured,
stored and sold.
12-b. "Felony" shall mean any criminal offense classified as a felony
under the laws of this state or any criminal offense committed in any
other state, district, or territory of the United States and classified
as a felony therein which if committed within this state, would
constitute a felony in this state.
12-c. "Government agency" means any department, division, board,
bureau, commission, office, agency, authority or public corporation of
the state or federal government or a county, city, town or village
government within the state.
13. "Grocery store" means any retail establishment where foodstuffs
are regularly and customarily sold in a bona fide manner for the
consumption off the premises.
14. "Hotel" shall mean a building which is regularly used and kept
open as such in bona fide manner for the feeding and lodging of guests,
where all who conduct themselves properly and who are able and ready to
pay for such services are received if there be accommodations for them.
The term "hotel" shall also include an apartment hotel wherein
apartments are rented for fixed periods of time, either furnished or
unfurnished, where the keeper of such hotel regularly supplies food to
the occupants thereof in a premises which serves food in compliance with
section sixty-four-a of this chapter, or a restaurant located in such
hotel. "Hotel" shall also mean and include buildings (commonly called a
motel) upon the same lot of land and owned or in possession under a
lease in writing by the same person or firm who maintains such buildings
for the lodging of guests and supplies them with food from a premises
which serves food in compliance with section sixty-four-a of this
chapter, or restaurant located upon the same premises.
14-a. "Custom beermakers' center" means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or beer making supplies to manufacture beer for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations.
14-b. "Custom cidermakers' center" means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or fruit to manufacture cider for personal household use
and not for resale in accordance with state and federal laws, rules and
regulations.
14-c. "Custom winemakers' center" means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or fruit to manufacture wine for personal household use
and not for resale in accordance with state and federal laws, rules and
regulations.
15. "Liquor authority" and "authority" mean the state liquor authority
provided for in this chapter.
17. "License" means a license issued pursuant to this chapter.
17-a. "Seven day license" means a license issued pursuant to this
chapter and where the off premise retail license holder may remain open
to the consumer all seven days of the week.
18. "Licensee" means any person to whom a license has been issued
pursuant to this chapter.
19. "Liquor" means and includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials or similar distilled
alcoholic beverages, including all dilutions and mixtures of one or more
of the foregoing.
19-a. "Mead" shall mean a wine made primarily from honey and water; it
may also contain hops, fruits, spices, herbs, grain, or other
agricultural products. Honey shall represent at least fifty-one percent
of the starting fermentable sugars by weight of the finished product.
The brand or trade label owner of such alcoholic beverage shall
designate whether such alcoholic beverage shall be sold as and treated
in the same manner as wine or mead for all purposes under this chapter.
Provided, however, any mead containing more than eight and one-half per
centum alcohol by volume shall be designated, sold as, and treated in
the same manner as wine.
20. "Manufacturer" means and includes a distiller, brewer, vintner and
rectifier; "Manufacture" means and includes distilling, rectifying,
brewing and operating a winery.
20-a. "New York state labelled wine" means wine made from grapes or
other fruits, at least seventy-five percent the volume of which were
grown in New York state.
20-b. "Micro-winery" means and includes any place or premises located
on a farm in New York state in which wine or cider is manufactured and
sold.
20-c. "New York state labelled liquor" means liquors made from fruit,
vegetables, grain and grain products, honey, maple sap or other
agricultural products, at least seventy-five percent the volume of which
were grown or produced in New York state.
20-d. "New York state labelled beer" means:
(a) from the effective date of this subdivision until December
thirty-first, two thousand eighteen, beer made with no less than twenty
percent, by weight, of its hops grown in New York state and no less than
twenty percent, by weight, of all of its other ingredients, excluding
water, grown in New York state;
(b) from January first, two thousand nineteen until December
thirty-first, two thousand twenty-eight, beer made with no less than
sixty percent, by weight, of its hops grown in New York state and no
less than sixty percent, by weight, of all of its other ingredients,
excluding water, grown in New York state; and
(c) from January first, two thousand twenty-nine and thereafter, beer
made with no less than ninety percent, by weight, of its hops grown in
New York state and no less than ninety percent, by weight, of all of its
other ingredients, excluding water, grown in New York state.
20-e. "New York state labelled cider" means cider made exclusively
from apples or other pome fruits grown in New York state.
20-f. "New York state labelled braggot" means braggot made exclusively
from honey produced in New York state.
20-g. "New York state labelled mead" means mead made exclusively from
honey produced in New York state.
21. "Permittee" means any person to whom a permit has been issued
pursuant to this chapter.
22. "Person" includes an individual, copartnership, corporations,
society, joint stock company, alcoholic beverage officer appointed by a
club or a luncheon club or limited liability company.
23. "Population" means the number of inhabitants as determined by the
last preceding federal census.
24. "Rectifier" means and includes any person who rectifies, purifies
or refines distilled spirits or wines by any process other than as
provided for on distillery premises and every person who, without
rectifying, purifying or refining distilled spirits, shall, by mixing
such spirits, wine or other liquor with water or any materials,
manufactures any imitation of or compounds liquors for sale under the
name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or
any other name.
25. "Retail sale" or "sale at retail" means a sale to a consumer or to
any person for any purpose other than for resale.
26. "Retailer" means any person who sells at retail any beverage for
the sale of which a license is required under the provisions of this
chapter.
27. "Restaurant" shall mean a place which is regularly and in a bona
fide manner used and kept open for the serving of meals to guests for
compensation and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of foods,
which may be required for ordinary meals, the kitchen of which must, at
all times, be in charge of a chef with the necessary help, and kept in a
sanitary condition with the proper amount of refrigeration for keeping
of food on said premises and must comply with all the regulations of the
local department of health. Restaurant shall include a motion picture
theatre, movie theatre or other venue that shows motion pictures that
meet the definitions of restaurant and meals, and all seating is at
tables where meals are served. "Meals" shall mean the usual assortment
of foods commonly ordered at various hours of the day; the service of
such food and victuals only as sandwiches or salads shall not be deemed
a compliance with this requirement. "Guests" shall mean persons who,
during the hours when meals are regularly served therein, come to a
restaurant for the purpose of obtaining, and actually order and obtain
at such time, in good faith, a meal therein. Nothing in this subdivision
contained, however, shall be construed to require that any food be sold
or purchased with any beverage.
27-a. "Roadside farm market" means any retailer authorized to sell New
York state labelled wine pursuant to section seventy-six-f of this
chapter.
28. "Sale" means any transfer, exchange or barter in any manner or by
any means whatsoever for a consideration, and includes and means all
sales made by any person, whether principal, proprietor, agent, servant
or employee of any alcoholic beverage and/or a warehouse receipt
pertaining thereto. "To sell" includes to solicit or receive an order
for, to keep or expose for sale, and to keep with intent to sell and
shall include the delivery of any alcoholic beverage in the state.
29. "Spirits" means any beverage which contains alcohol obtained by
distillation mixed with drinkable water and other substances in
solution.
30. "Traffic in" includes to manufacture and sell any alcoholic
beverage at wholesale or retail.
30-a. "Transfer" means the administrative processes involved in
issuing a license to a new applicant for an existing licensed business.
Transfer applicants shall be under contract with the existing licensee
for purchase of the existing licensed business.
31. "Vehicle" shall include any device in, upon or by which any person
or property is or may be transported or drawn upon a public highway,
road, street or public place.
32. "Vessel" includes any ship or boat of any kind whatsoever, whether
propelled by steam or otherwise and whether used as a sea-going vessel
or on inland waters which is properly equipped for the service of
alcoholic beverages.
33. "Vintner" means any person who owns, occupies, carries on, works,
conducts or operates any winery either by himself or by his agent.
34. "Wholesale sale" or "sale at wholesale" means a sale to any person
for purposes of resale.
35. "Wholesaler" means any person who sells at wholesale any beverage
for the sale of which a license is required under the provisions of this
chapter.
36. "Wine" means the product of the normal alcoholic fermentation of
the juice of fresh, sound, ripe grapes, or other fruits or plants with
the usual cellar treatment and necessary additions to correct defects
due to climatic, saccharine and seasonal conditions, including
champagne, sparkling and fortified wine of an alcoholic content not to
exceed twenty-four per centum by volume. Wine produced from fruits or
plants other than grapes shall include appropriate prefixes descriptive
of the fruit or the product from which such wine was predominantly
produced, and no other product shall be called "wine" unless designated
as artificial or imitation wine.
36-a. "Wine product" means a beverage containing wine to which is
added concentrated or unconcentrated juice, flavoring material, water,
citric acid, sugar and carbon dioxide and containing not more than six
per centum alcohol by volume, to which nothing other than such wine has
been added to increase the alcoholic content of such beverage.
37. "Winery" means and includes any place or premises wherein wines
are manufactured from any fruit or brandies distilled as the by-product
of wine or other fruit or cordials compounded and also includes a winery
for the manufacture of wine in any state other than New York state and
which has and maintains a branch factory, office or storeroom within the
state of New York and receives wine in this state consigned to a United
States government bonded winery, warehouse or storeroom located within
the state.
38. "Warehouse" means and includes a place in which alcoholic
beverages are housed or stored.
ARTICLE 2 Liquor Authority
State liquor authority. There shall continue to be in the
executive department an alcoholic beverage control division, the head of
which shall be the state liquor authority whose members shall consist of
a chairman and two commissioners, all of whom shall be citizens and
residents of the state. The terms "state alcoholic beverage control
board", "state board", "liquor authority", or "authority", wherever
occurring in any of the provisions of this chapter or of any other law,
or in any official books, records, instruments, rules or papers, shall
hereafter mean and refer to the state liquor authority provided for in
this section.
Appointment of authority. The members of the authority shall be
appointed by the governor by and with the advice and consent of the
senate. Not more than two members of the authority shall belong to the
same political party. The chairman of the state alcoholic beverage
control board heretofore appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the authority until
the expiration of the respective terms for which they were appointed.
Upon the expiration of such respective terms the successors of such
chairman and members shall be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
The commissioners, other than the chairman shall, when performing the
work of the authority, be compensated at a rate of two hundred sixty
dollars per day, together with an allowance for actual and necessary
expenses incurred in the discharge of their duties. The chairman shall
receive an annual salary established in section one hundred sixty-nine
of the executive law.
Expenses. Each member of the authority shall be entitled to his
expenses actually and necessarily incurred by him in the performance of
his duties.
Removal. Any member of the authority may be removed by the
governor for cause after an opportunity to be heard. A statement of the
cause of his removal shall be filed by the governor in the office of the
secretary of state.
Vacancies; quorum. 1. In the event of a vacancy caused by the
death, resignation, removal or disability of any commissioner, the
vacancy shall be filled by the governor by and with the advice and
consent of the senate for the unexpired term.
2. (a) In the event of a vacancy caused by the death, resignation,
removal, or disability of the chairman, the vacancy shall be filled by
the governor by and with the advice and consent of the senate for the
unexpired term. Notwithstanding any other provision of law to the
contrary, the governor shall designate one of the commissioners to serve
as acting chairman for a period not to exceed six months or until a
successor chairman has been confirmed by the senate, whichever comes
first. Upon the expiration of the six month term, if the governor has
nominated a successor chairman, but the senate has not acted upon the
nomination, the acting chairman can continue to serve as acting chairman
for an additional ninety days or until the governor's successor chairman
nomination is confirmed by the senate, whichever comes first.
(b) The governor shall provide immediate written notice to the
temporary president of the senate of the designation of a commissioner
as acting chairman.
(c) If (i) the governor has not nominated a successor chairman upon
the expiration of the six month term or (ii) the senate does not confirm
the governor's successor nomination within the additional ninety days,
the commissioner designated as acting chairman shall no longer be able
to serve as acting chairman and the governor is prohibited from
extending the powers of that acting chairman or from designating another
commissioner to serve as acting chairman.
(d) A commissioner serving as the acting chairman of the authority
shall be deemed a state officer for purposes of section seventy-three of
the public officers law.
3. A majority of the members of the authority shall constitute a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
Provided, however, that a commissioner designated as an acting chairman
pursuant to subdivision two of section fourteen of this chapter shall
have only one vote for purposes of conducting the business of the
authority.
* § 15. Officers; employees; offices. Investigators employed by the
authority shall be deemed to be peace officers for the purpose of
enforcing the provisions of this chapter or judgements or orders
obtained for violation thereof, with all the powers set forth in section
2.20 of the criminal procedure law. The counsel, secretary, chief
executive officer, assistant chief executive officers, confidential
secretaries to commissioners and deputies shall be in the exempt class
of the civil service. The other assistants, investigators and employees
of the authority shall all be in the competitive class of the civil
service. The authority shall continue to have its principal office in
the city of Albany, and may maintain a branch office in the cities of
New York and Buffalo and such other places as the chairman may deem
necessary.
* NB Effective until July 18, 2027
* § 15. Officers; employees; offices. The authority shall have power
to appoint any necessary deputies, counsels, assistants, investigators,
and other employees within the limits provided by appropriation.
Investigators so employed by the Authority shall be deemed to be peace
officers for the purpose of enforcing the provisions of the alcoholic
beverage control law or judgements or orders obtained for violation
thereof, with all the powers set forth in section 2.20 of the criminal
procedure law. The counsel, secretary, chief executive officer,
assistant chief executive officers, confidential secretaries to
commissioners and deputies shall be in the exempt class of the civil
service. The other assistants, investigators and employees of the
authority shall all be in the competitive class of the civil service.
The authority shall continue to have its principal office in the city of
Albany, and may maintain a branch office in the cities of New York and
Buffalo and such other places as it may deem necessary.
The authority shall establish appropriate procedures to insure that
hearing officers are shielded from ex parte communications with alleged
violators and their attorneys and from other employees of the authority
and shall take such other steps as it shall deem necessary and proper to
shield its judicial processes from unwarranted and inappropriate
communications and attempts to influence.
* NB Effective July 18, 2027
Disqualification of members and employees of authority. No
member of the authority or any officer, deputy, assistant, inspector or
employee thereof shall have any interest, direct or indirect, either
proprietary or by means of any loan, mortgage or lien, or in any other
manner, in or on any premises where alcoholic beverages are manufactured
or sold; nor shall he have any interest, direct or indirect, in any
business wholly or partially devoted to the manufacture, sale,
transportation or storage of alcoholic beverages, or own any stock in
any corporation which has any interest, proprietary or otherwise, direct
or indirect, in any premises where alcoholic beverages are manufactured
or sold, or in any business wholly or partially devoted to the
manufacture, sale, transportation or storage of alcoholic beverages, or
receive any commission or profit whatsoever, direct or indirect, from
any person applying for or receiving any license or permit provided for
in this chapter, or hold any other public office in the state or in any
political subdivision except upon the written permission of the liquor
authority, such member of the authority or officer, deputy, assistant,
inspector or employee thereof may hold the public office of notary
public or member of a community board of education in the city school
district of the city of New York. Any one who violates any of the
provisions of this section shall be removed.
* § 17. Powers of the authority. The authority shall have the
following functions, powers and duties: 1. To issue or refuse to issue
any license or permit provided for in this chapter.
2. To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have been so limited.
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, sixty-four-f, seventy-six-f, seventy-nine, eighty-one and
eighty-one-a of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections thirty,
thirty-one, fifty-three, sixty-one-a, sixty-one-b, sixty-one-c,
seventy-six, seventy-six-a, and seventy-eight of this chapter, provided
that the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of this
chapter during the course of the sale of beer at retail to a person for
consumption at home, and the sum of one hundred thousand dollars as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one, and sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and separate and apart from the terms and
provisions of the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the
division remains unpaid, in whole or in part, more than forty-five days
after written demand for payment has been sent by first class mail to
the address of the licensed premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address of the person who
signed the most recent license application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of New
York unless the division receives full payment of all civil penalties
due within twenty days of the date of the notice of impending default
judgment. If full payment shall not have been received by the division
within thirty days of mailing of the notice of impending default
judgment, the division shall proceed to enter with such court a
statement of the default judgment containing the amount of the penalty
or penalties remaining due and unpaid, along with proof of mailing of
the notice of impending default judgment. The filing of such judgment
shall have the full force and effect of a default judgment duly docketed
with such court pursuant to the civil practice law and rules and shall
in all respects be governed by that chapter and may be enforced in the
same manner and with the same effect as that provided by law in respect
to execution issued against property upon judgments of a court of
record. A judgment entered pursuant to this subdivision shall remain in
full force and effect for eight years notwithstanding any other
provision of law.
4. To fix by rule the standards of manufacture and fermentation in
order to insure the use of proper ingredients and methods in the
manufacture of alcoholic beverages to be sold or consumed in the state.
5. To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to examine any person under oath and in connection
therewith to require the production of any books or papers relative to
the inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
6. To prohibit, at any time of public emergency, without previous
notice or advertisement, the sale of any or all alcoholic beverages for
and during the period of such emergency.
7. To delegate the powers provided in this section to the chairman, or
to such other officers or employees as may be designated by the
chairman.
8. To appoint such advisory groups and committees as it deems
necessary to provide assistance to the authority to carry out the
purposes and objectives of this chapter.
9. Upon receipt of a resolution adopted by a board of supervisors or a
county legislative body requesting further restriction of hours of sale
of alcoholic beverages within such county, and upon notice and hearing
within such county, to approve or disapprove such hours within such
county.
* NB Effective until July 18, 2027
* § 17. Powers of the authority. The authority shall have the
following functions, powers and duties: 1. To issue or refuse to issue
any license or permit provided for in this chapter.
2. To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have been so limited.
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, sixty-four-f, seventy-six-f, seventy-nine, eighty-one, and
eighty-one-a of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections thirty,
thirty-one, fifty-three, sixty-one-a, sixty-one-b, sixty-one-c,
seventy-six, seventy-six-a and seventy-eight of this chapter, provided
that the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of this
chapter during the course of the sale of beer at retail to a person for
consumption at home, and the sum of one hundred thousand dollars as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one and sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and separate and apart from the terms and
provisions of the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the
division remains unpaid, in whole or in part, more than forty-five days
after written demand for payment has been sent by first class mail to
the address of the licensed premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address of the person who
signed the most recent license application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction, or any other
place provided for the entry of civil judgments within the state of New
York unless the division receives full payment of all civil penalties
due within twenty days of the date of the notice of impending default
judgment. If full payment shall not have been received by the division
within thirty days of mailing of the notice of impending default
judgment, the division shall proceed to enter with such court a
statement of the default judgment containing the amount of the penalty
or penalties remaining due and unpaid, along with proof of mailing of
the notice of impending default judgment. The filing of such judgment
shall have the full force and effect of a default judgment duly docketed
with such court pursuant to the civil practice law and rules and shall
in all respects be governed by that chapter and may be enforced in the
same manner and with the same effect as that provided by law in respect
to execution issued against property upon judgments of a court of
record. A judgment entered pursuant to this subdivision shall remain in
full force and effect for eight years notwithstanding any other
provision of law.
4. To remove any employee of the authority for cause, after giving
such employee a copy of the charges against him in writing, and an
opportunity to be heard thereon. Any action taken under this subdivision
shall be subject to and in accordance with the civil service law.
5. To fix by rule the standards of manufacture and fermentation in
order to insure the use of proper ingredients and methods in the
manufacture of alcoholic beverages to be sold or consumed in the state.
6. To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to examine any person under oath and in connection
therewith to require the production of any books or papers relative to
the inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
7. To prohibit, at any time of public emergency, without previous
notice or advertisement, the sale of any or all alcoholic beverages for
and during the period of such emergency.
8. To make an annual report to the governor and the legislature of its
activities for the preceding year.
8-a. On and after January first, two thousand the report provided for
in subdivision eight of this section shall include an evaluation of the
effectiveness of the prohibition on the sale of alcohol to persons under
the age of twenty-one as provided in section sixty-five-b of this
chapter with particular emphasis on the provisions of subdivisions one,
two, three, four and five of section sixty-five-b, subdivision five of
section one hundred nineteen and subdivision six of section sixty-five
of this chapter, paragraph (b) of subdivision seven of section 170.55 of
the criminal procedure law and subdivision (f) of section 19.07 of the
mental hygiene law.
8-b. On and after January first, two thousand eleven, the report
provided for in subdivision eight of this section shall include
information related to the number of licenses applied for and the length
of time required for the approval or denial of such retail license
applied for pursuant to subdivision two-c of section sixty-one, section
sixty-four, section seventy-six, section seventy-six-a, section
seventy-six-c, section seventy-six-d, and section seventy-six-f of this
chapter.
9. The powers provided in this section may be delegated by the
authority to the chairman, or to such other officers or employees as may
be designated by the chairman.
10. To appoint such advisory groups and committees as it deems
necessary to provide assistance to the authority to carry out the
purposes and objectives of this chapter.
11. Upon receipt of a resolution adopted by a board of supervisors or
a county legislative body requesting further restriction of hours of
sale of alcoholic beverages within such county, and upon notice and
hearing within such county, to approve or disapprove such hours within
such county.
12. (a) To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for
off-premises consumption. The authority shall provide for the issuance
of certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure to adhere to the authority's rules and regulations. Such rules
and regulations shall afford those who have been issued a certificate of
approval an opportunity for a hearing prior to any determination of
whether such certificate should be revoked.
(b) No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each
application for a certificate of approval or renewal certificate. The
authority shall promptly refund such fee to an applicant whose
application was denied. Each certificate of approval and renewal thereof
shall be issued for a period of three years. To effectuate the
provisions of this subdivision, the authority is empowered to require in
connection with an application the submission of such information as the
authority may direct; to prescribe forms of applications and of all
reports which it deems necessary to be made by any applicant or
certificate holder; to conduct investigations; to require the
maintenance of such books and records as the authority may direct; to
revoke, cancel, or suspend for cause any certificate provided for in
this subdivision. Each entity authorized to give and administer an
alcohol training awareness program shall issue certificates of
completion to all licensees and employees who successfully complete such
an approved alcohol training awareness program. Such entity shall
regularly transmit to the authority the names, addresses and dates of
attendance of all the licensees and employees of licensees who
successfully complete an approved alcohol training awareness program.
Such transmittal shall be in a form and manner prescribed by the
authority. The authority shall adopt rules and regulations to effectuate
the provisions of this subdivision, including the minimum requirements
for the curriculum of each such training program and the regular ongoing
training of employees holding certificates of completion or renewal
certificates. Such rules and regulations shall include the minimum
requirements for a separate curriculum for licensees and their employees
authorized to sell alcoholic beverages at retail for off-premises
consumption, minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for on-premises consumption, and the form of a certificate of
completion or renewal thereof to be issued in respect to each such type
of program. Such rules and regulations shall include a requirement that
all curriculums include training related to human trafficking awareness.
Such human trafficking awareness training curriculum shall be developed
in conjunction with, and approved by, the New York state interagency
task force on human trafficking. Such human trafficking awareness
training program shall be implemented by each entity authorized to give
and administer an alcohol training awareness program. Any such entity
that does not implement a human trafficking awareness program as part of
its curriculum shall no longer be authorized to administer any alcohol
training awareness program and shall not be eligible to be certified as
a state liquor authority school. Any alcohol training awareness program
that is currently certified by the state liquor authority shall lose its
certification if such program fails to include human trafficking
awareness training as part of its curriculum.
(c) A certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for off-premises consumption shall
not be invalidated by a change of employment to another such licensee. A
certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for on-premises consumption shall
not be invalidated by a change of employment to another such licensee.
Attendance at any course established pursuant to this section shall be
in person, through distance learning methods, or through an internet
based online program.
13. To study and report to the governor and the legislature
bi-ennially on or before February first of each year concerning:
(a) recommendations to reduce the number and type of licenses, and to
establish a uniform, statewide schedule of fees, such recommendations to
include the development of a master application form for all licenses,
with specific exhibits required for specific licenses, as appropriate,
as well as recommendations on a non-refundable application fee set at a
level which will cover the cost of the review and which would be applied
against the first year license fee if the application is granted;
(b) recommendations to simplify license renewal procedures;
(c) recommendations to streamline the processing of applications and
to eliminate duplication of reviews, such recommendations to include
uniform standards for application review and decision which shall seek
to assure that the review is as objective as possible and to narrow the
discretion of the authority or of any reviewer employed by the
authority;
(d) the extent to which quality of life issues, such as noise level,
vehicular traffic and parking are considered in licensing decisions,
particularly as such issues pertain to proceedings pursuant to
subdivision seven of section sixty-four of this chapter;
(e) recommendations to improve enforcement methodologies in order to
protect the health and safety of residents of communities experiencing
persistent problems in the operation of retail establishments;
(f) recommendations concerning the addition of field enforcement
personnel and the ratios of such field enforcement personnel to the
total numbers of licensees that in the view of the authority would be
appropriate to insure compliance with the law. Such study shall provide
a detailed analysis of the costs and projected revenues to be obtained
from the addition of such field enforcement personnel;
(g) such other observations and recommendations concerning the
activities of the authority as will improve its effectiveness and
efficiency including the utilization of on-line services to provide
information on a fee-for-service basis; and
(h) provide information concerning the name, total quantity and total
price of wine purchased from New York state and out-of-state wineries
and farm wineries, and such other information on and recommendations
concerning interstate wine shipment.
14. For state fiscal year two thousand nine--two thousand ten, the
authority shall, within amounts appropriated therefore, improve and
update their information technology in order to meet federal security
requirements and to assist in the processing of license and/or permit
applications and renewals.
* NB Effective July 18, 2027
* § 18. Powers and duties of the chairman. The chairman shall have the
following functions, powers and duties:
1. To exercise the powers and perform the duties in relation to the
administration of the division of alcoholic beverage control as are not
specifically vested by this chapter in the state liquor authority,
including but not limited to budgetary and fiscal matters.
2. To preside at all meetings of the authority and perform the
administrative functions of the authority.
3. To appoint any necessary deputies, counsels, assistants,
investigators, and other employees within the limits provided by
appropriation.
4. To remove any employee of the authority for cause, after giving
such employee a copy of the charges against him or her in writing, and
an opportunity to be heard thereon. Any action taken under this
subdivision shall be subject to and in accordance with the civil service
law.
5. To keep records in such form as he or she may prescribe of all
licenses and permits issued and revoked within the state; such records
shall be so kept as to provide ready information as to the identity of
all licensees including the names of the officers and directors of
corporate licensees and the location of all licensed premises. The
chairman may, with the approval of the commissioner of taxation and
finance, contract to furnish copies of the records of licenses and
permits of each class and type issued within the state or any political
subdivision thereof, for any license or permit year or term of years not
exceeding five years.
6. To inspect or provide for the inspection of any premises where
alcoholic beverages are manufactured or sold.
7. To prescribe forms of applications for licenses and permits under
this chapter and of all reports deemed necessary by the authority.
8. To delegate to the officers and employees of the authority such of
his or her powers and duties as he or she may determine.
9. To establish appropriate procedures to insure that hearing officers
are shielded from ex parte communications with alleged violators and
their attorneys and from other employees of the authority and shall take
such other steps as it shall deem necessary and proper to shield its
judicial processes from unwarranted and inappropriate communications and
attempts to influence.
10. (a) To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for
off-premises consumption. The authority shall provide for the issuance
of certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure to adhere to the authority's rules and regulations. Such rules
and regulations shall afford those who have been issued a certificate of
approval an opportunity for a hearing prior to any determination of
whether such certificate should be revoked.
(b) No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each
application for a certificate of approval or renewal certificate. The
authority shall promptly refund such fee to an applicant whose
application was denied. Each certificate of approval and renewal thereof
shall be issued for a period of three years. To effectuate the
provisions of this subdivision, the authority is empowered to require in
connection with an application the submission of such information as the
authority may direct; to prescribe forms of applications and of all
reports which it deems necessary to be made by any applicant or
certificate holder; to conduct investigations; to require the
maintenance of such books and records as the authority may direct; to
revoke, cancel, or suspend for cause any certificate provided for in
this subdivision. Each entity authorized to give and administer an
alcohol training awareness program shall issue certificates of
completion to all licensees and employees who successfully complete such
an approved alcohol training awareness program. Such entity shall
regularly transmit to the authority the names, addresses and dates of
attendance of all the licensees and employees of licensees who
successfully complete an approved alcohol training awareness program.
Such transmittal shall be in a form and manner prescribed by the
authority. The authority shall adopt rules and regulations to effectuate
the provisions of this subdivision, including the minimum requirements
for the curriculum of each such training program and the regular ongoing
training of employees holding certificates of completion or renewal
certificates. Such rules and regulations shall include the minimum
requirements for a separate curriculum for licensees and their employees
authorized to sell alcoholic beverages at retail for off-premises
consumption, minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for on-premises consumption, and the form of a certificate of
completion or renewal thereof to be issued in respect to each such type
of program. Such rules and regulations shall include a requirement that
all curriculums include training related to human trafficking awareness.
Such human trafficking awareness training curriculum shall be developed
in conjunction with, and approved by, the New York state interagency
task force on human trafficking. Such human trafficking awareness
training program shall be implemented by each entity authorized to give
and administer an alcohol training awareness program. Any such entity
that does not implement a human trafficking awareness program as part of
its curriculum shall no longer be authorized to administer any alcohol
training awareness program and shall not be eligible to be certified as
a state liquor authority school. Any alcohol training awareness program
that is currently certified by the state liquor authority shall lose its
certification if such program fails to include human trafficking
awareness training as part of its curriculum.
(c) A certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for off-premises consumption shall
not be invalidated by a change of employment to another such licensee. A
certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for on-premises consumption shall
not be invalidated by a change of employment to another such licensee.
Attendance at any course established pursuant to this section shall be
in person, through distance learning methods, or through an internet
based online program.
11. To make an annual report to the governor and the legislature of
its activities for the preceding year.
12. On and after January first, two thousand twelve, the report
provided for in subdivision eleven of this section shall include an
evaluation of the effectiveness of the prohibition on the sale of
alcohol to persons under the age of twenty-one as provided in section
sixty-five-b of this chapter with particular emphasis on the provisions
of subdivisions one, two, three, four and five of section sixty-five-b,
subdivision five of section one hundred nineteen and subdivision six of
section sixty-five of this chapter, paragraph (b) of subdivision seven
of section 170.55 of the criminal procedure law and subdivision (f) of
section 19.07 of the mental hygiene law.
13. On and after January first, two thousand twelve, the report
provided for in subdivision eleven of this section shall include
information related to the number of licenses applied for and the length
of time required for the approval or denial of such retail license
applied for pursuant to subdivision two-c of section sixty-one, section
sixty-four, section seventy-six, section seventy-six-a, section
seventy-six-c, and section seventy-six-d of this chapter.
14. To study and report to the governor and the legislature biennially
on or before February first of each year concerning:
(a) recommendations to reduce the number and type of licenses, and to
establish a uniform, statewide schedule of fees, such recommendations to
include the development of a master application form for all licenses,
with specific exhibits required for specific licenses, as appropriate,
as well as recommendations on a non-refundable application fee set at a
level which will cover the cost of the review and which would be applied
against the first year license fee if the application is granted;
(b) recommendations to simplify license renewal procedures;
(c) recommendations to streamline the processing of applications and
to eliminate duplication of reviews, such recommendations to include
uniform standards for application review and decision which shall seek
to assure that the review is as objective as possible and to narrow the
discretion of the authority or of any reviewer employed by the
authority;
(d) the extent to which quality of life issues, such as noise level,
vehicular traffic and parking are considered in licensing decisions,
particularly as such issues pertain to proceedings pursuant to
subdivision seven of section sixty-four of this chapter;
(e) recommendations to improve enforcement methodologies in order to
protect the health and safety of residents of communities experiencing
persistent problems in the operation of retail establishments;
(f) recommendations concerning the addition of field enforcement
personnel and the ratios of such field enforcement personnel to the
total numbers of licensees that in the view of the authority would be
appropriate to insure compliance with the law. Such study shall provide
a detailed analysis of the costs and projected revenues to be obtained
from the addition of such field enforcement personnel;
(g) such other observations and recommendations concerning the
activities of the authority as will improve its effectiveness and
efficiency including the utilization of on-line services to provide
information on a fee-for-service basis; and
(h) provide information concerning the name, total quantity and total
price of wine purchased from New York state and out-of-state wineries
and farm wineries, and such other information on and recommendations
concerning interstate wine shipment.
15. For state fiscal year two thousand twelve--two thousand thirteen,
the authority shall, within amounts appropriated therefor, improve and
update their information technology in order to meet federal security
requirements and to assist in the processing of license and/or permit
applications and renewals.
* NB Effective until July 18, 2027
* § 18. Powers and duties of the chairman. The chairman shall have the
following functions, powers and duties:
1. To exercise the powers and perform the duties in relation to the
administration of the division of alcoholic beverage control as are not
specifically vested by this chapter in the state liquor authority.
2. To preside at all meetings of the authority and perform the
administrative functions of the authority.
3. To keep records in such form as he may prescribe of all licenses
and permits issued and revoked within the state; such records shall be
so kept as to provide ready information as to the identity of all
licensees including the names of the officers and directors of corporate
licensees and the location of all licensed premises. The chairman may,
with the approval of the commissioner of taxation and finance, contract
to furnish copies of the records of licenses and permits of each class
and type issued within the state or any political subdivision thereof,
for any license or permit year or term of years not exceeding five
years.
4. To inspect or provide for the inspection of any premises where
alcoholic beverages are manufactured or sold.
5. To prescribe forms of applications for licenses and permits under
this chapter and of all reports deemed necessary by the authority.
6. To delegate to the officers and employees of the division such of
his powers and duties as he may determine.
* NB Effective July 18, 2027
Oath of office. Each member of the authority shall, before
entering upon his duties, take and file an oath of office as prescribed
by section ten of the public officers law.
ARTICLE 3 Special Provisions Relating to Mead and Braggot
Mead producers' license. 1. Any person may apply to the liquor
authority for a mead producers' license as provided for in this section.
Such application shall be in writing and shall contain such information
as the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this
subdivision for such license. If the liquor authority shall grant the
application it shall issue a license in such form as shall be determined
by its rules. A license issued under this subdivision shall authorize
the licensee to manufacture mead and braggot within the licensed
premises in this state for sale in bottles, barrels or casks to beer,
wine and liquor retail licensees pursuant to section thirty-two of this
article and to sell and deliver mead and braggot to persons outside the
state pursuant to the laws of the place of such sale or delivery. The
annual fee for such a license shall be one hundred twenty-five dollars;
provided, however, that the annual fee for a farm meadery license shall
be seventy-five dollars. The provisions contained in section sixty-seven
of this chapter shall apply to all licenses issued pursuant to this
article.
2. (a) Any person licensed pursuant to subdivision one of this section
may conduct mead tastings of New York state labelled meads in
establishments licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for off-premises consumption. Such mead
producer or wholesaler may charge a fee of not more than twenty-five
cents for each mead sample tasted. The liquor authority shall promulgate
rules and regulations relating to the conduct of such tastings.
(b) Any person licensed pursuant to subdivision one of this section
may conduct tastings of New York state labelled mead and New York state
labeled braggot and apply to the liquor authority for a permit to sell
mead and braggot produced by such mead producer or wholesaler, by the
bottle, during such tastings in establishments licensed pursuant to
section sixty-four of this chapter to sell alcoholic beverages for
consumption on the premises. Such mead producer may charge a fee of not
more than twenty-five cents for each mead or braggot sample tasted. The
liquor authority shall promulgate rules and regulations relating to the
conduct of tastings.
(c) Mead and braggot tastings shall be conducted subject to the
following limitations:
(i) mead and braggot tastings shall be conducted by an official agent,
representative or solicitor of one or more mead producers or
wholesalers. Such agent, representative or solicitor shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
mead and/or braggot tasting as authorized pursuant to this subdivision
and in accordance with the provisions of sections 11-100 and 11-101 of
the general obligations law, shall accrue to the mead producer or
wholesaler licensee.
3. A licensed mead producer producing New York state labelled mead
and/or New York state labelled braggot may:
(a) sell such mead and braggot to licensed farm distillers, farm
wineries, farm cideries and farm breweries. All such mead and braggot
sold by the licensee shall be securely sealed and have attached thereto
a label as shall be required by section one hundred seven-a of this
chapter;
(b) conduct tastings at the licensed premises of such mead and braggot
or any other New York state labeled mead or braggot;
(c) sell such mead and braggot at retail for consumption off the
premises at the state fair, at recognized county fairs and at farmers
markets operated on a not-for-profit basis;
(d) sell and conduct tastings of such mead and braggot at retail for
consumption on the premises of a restaurant, conference center, inn, bed
and breakfast or hotel business owned and operated by the licensee in or
adjacent to its meadery. A licensee who operates a restaurant,
conference center, inn, bed and breakfast or hotel pursuant to such
authority shall comply with all applicable provisions of this chapter
which relate to licenses to sell mead at retail for consumption on the
premises;
(e) apply for a permit to conduct tastings away from the licensed
premises of such mead and braggot. Such permit shall be valid throughout
the state and may be issued on an annual basis or for individual events.
Each such permit and the exercise of the privilege granted thereby shall
be subject to such rules and conditions of the authority as it deems
necessary. Tastings shall be conducted subject to the following
conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the
tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of mead or braggot as authorized herein and in accordance with
the provisions of sections 11-100 and 11-101 of the general obligations
law, shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such mead,
for consumption off the premises, during such tastings in premises
licensed under section sixty-four or sixty-four-a of this chapter; or
apply to the authority for a permit to sell such mead and/or braggot at
a premises licensed under section eighty-one or eighty-one-a of this
chapter. Each such permit and the exercise of the privilege granted
thereby shall be subject to such rules and conditions of the authority
as it deems necessary.
4. A mead producer shall manufacture at least fifty gallons of mead
and/or braggot annually.
Farm meadery license. 1. Any person may apply to the authority
for a farm meadery license as provided for in this section to produce
mead and braggot within this state for sale. Such application shall be
in writing and verified and shall contain such information as the
authority shall require. Such application shall be accompanied by a
check or draft in the amount of seventy-five dollars. If the authority
grants the application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to produce mead and braggot
in the premises therein specifically licensed.
2. A farm meadery license shall authorize the holder thereof to
operate a meadery for the manufacture of New York state labelled mead
and New York state labelled braggot. Such a license shall also authorize
the licensee to:
(a) sell in bulk mead and braggot manufactured by the licensee to any
person licensed to manufacture alcoholic beverages in this state or to a
permittee engaged in the manufacture of products which are unfit for
beverage use;
(b) sell or deliver mead and braggot manufactured by the licensee to
persons outside the state pursuant to the laws of the place of such
delivery;
(c) sell mead and braggot manufactured by the licensee to wholesalers
and retailers licensed in this state to sell such mead and braggot
pursuant to section thirty-three of this article, licensed farm
distillers, licensed farm wineries, licensed wineries, licensed farm
breweries and any other licensed farm meadery. All such mead and braggot
sold by the licensee shall be securely sealed and have attached thereto
a label as shall be required by section one hundred seven-a of this
chapter;
(d) (i) at the licensed premises, conduct tastings of, and sell at
retail for consumption on or off the licensed premises, any mead and
braggot manufactured by the licensee or any New York state labelled mead
or New York state labelled braggot. Provided, however, for tastings and
sales for on-premises consumption, the licensee shall regularly keep
food available for sale or service to its retail customers for
consumption on the premises. A licensee providing the following shall be
deemed in compliance with this provision: (A) sandwiches, soups or other
such foods, whether fresh, processed, pre-cooked or frozen; and/or (B)
food items intended to complement the tasting of alcoholic beverages,
which shall mean a diversified selection of food that is ordinarily
consumed without the use of tableware and can be conveniently consumed
while standing or walking, including but not limited to: cheeses,
fruits, vegetables, chocolates, breads, mustards and crackers. All of
the provisions of this chapter relative to licensees selling mead and
braggot at retail shall apply; and
(ii) operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the licensed premises
and sell at such place, at retail for consumption on the premises, mead
and braggot manufactured by the licensee and any New York state labelled
mead or New York state labeled braggot. All of the provisions of this
chapter relative to licensees to selling mead and braggot at retail
shall apply. Notwithstanding any other provision of law, the licensed
farm meadery may apply to the authority for a license under this chapter
to sell other alcoholic beverages at retail for consumption on the
premises at such establishment;
(e) sell mead and braggot manufactured by the licensee or any other
licensed farm meadery at retail for consumption off the premises, at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(f) conduct tastings of and sell at retail for consumption on or off
the premises New York state labeled beer manufactured by a licensed
brewery or licensed farm brewery;
(g) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery;
(h) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no
consumer may be provided, directly or indirectly: (i) with more than
three samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
and
(i) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm meadery licensee.
3. (a) A farm meadery licensee may apply for a permit to conduct
tastings away from the licensed premises of mead and braggot produced by
the licensee. Such permit shall be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject to such
rules and conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm meaderies. Such agent, representative
or solicitor shall be physically present at all times during the conduct
of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of mead or braggot as authorized herein and in accordance with
the provisions of sections 11-100 and 11-101 of the general obligations
law, shall accrue to the farm meadery.
4. A licensed farm meadery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell mead produced by such farm meadery, by the bottle, during
such tastings in premises licensed under section sixty-four or
sixty-four-a of this chapter; or apply to the authority for a permit to
sell such mead and/or braggot at a premises licensed under section
eighty-one or eighty-one-a of this chapter. Each such permit and the
exercise of the privilege granted thereby shall be subject to such rules
and conditions of the authority as it deems necessary.
5. A licensed farm meadery may, under such rules as may be adopted by
the authority, sell mead and braggot manufactured by the licensee or any
other licensed farm meadery at retail in bulk by the keg, cask or barrel
for consumption and not for resale at a clam-bake, barbeque, picnic,
outing or other similar outdoor gathering at which more than fifty
persons are assembled.
6. A licensed farm meadery may apply to the authority for a license to
sell beer, liquor and/or wine at retail for consumption on the premises
in a restaurant owned, conducted, and operated by the licensee in or
adjacent to its farm meadery. All of the provisions of this chapter
relative to licenses to sell beer, liquor or wine at retail or
consumption on the premises shall apply so far as applicable.
7. A farm meadery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as honey,
mustards, sauces, jams, jellies, mulling spices and other mead related
foods in addition to other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to store and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of mead and braggot. These gift items shall be limited to
the following categories:
(a) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(b) food items for the purpose of complementing mead and braggot
tastings, which shall mean a diversified selection of food that is
ordinarily consumed without the use of tableware and can be conveniently
consumed while standing or walking. Such food items shall include but
not be limited to: cheeses, fruits, vegetables, chocolates, breads,
baked goods, mustards and crackers;
(c) food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing mead and/or braggot related products;
(d) mead and braggot supplies and accessories, which shall include any
item utilized for the storage, serving or consumption of mead or braggot
or for decorative purposes. These supplies may be sold as single items
or may be combined into a package containing mead and/or braggot;
(e) mead-making and braggot-making equipment and supplies including,
but not limited to, honey, home mead-making kits, braggot-making kits,
pumps, filters, yeasts, chemicals and other mead and braggot additives,
bottling equipment, bottles, mead and braggot storage and fermenting
vessels, barrels, and books or other written material to assist
mead-makers and braggot-makers and home mead-makers and braggot-makers
to produce and bottle mead and braggot;
(f) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary, any
farm meadery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm meadery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm meadery may be conducted
at the branch offices. Such branch offices shall not be located within,
share a common entrance and exit with, or have any interior access to
any other business, including premises licensed to sell alcoholic
beverages at retail. Prior to commencing operation of any such branch
office, the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation of
same.
10. (a) No farm meadery shall manufacture in excess of two hundred
fifty thousand gallons of mead and/or braggot annually.
(b) A licensed farm meadery shall produce at least fifty gallons of
mead and/or braggot annually.
11. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried out by any person licensed
under this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, and other by-products;
(b) recover carbon dioxide and yeast;
(c) store bottles, packages and supplies necessary or incidental to
all such operations;
(d) package, bottle, sell and deliver wine products;
(e) allow for the premises including space and equipment to be rented
by a licensed tenant mead producer for the purposes of alternation.
12. Notwithstanding any other provision of this chapter, the authority
may issue a farm meadery license to the holder of a farm meadery, farm
brewery, farm winery or farm distiller's license for use at such
licensee's existing licensed premises. The holder of a farm meadery,
farm brewery, farm winery or farm distiller's license that
simultaneously holds a farm meadery license on an adjacent premises may
share and use the same tasting room facilities to conduct any tastings
that such licensee is otherwise authorized to conduct.
13. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of mead and braggot production and of tourism in New
York, thereby promoting the conservation, production and enhancement of
New York state agricultural lands.
14. Notwithstanding any provision of law to the contrary, another
business or other businesses may operate on the licensed premises
subject to such rules and regulations as the liquor authority may
prescribe. Such rules and regulations shall determine which businesses
will be compatible with the policy and purposes of this chapter and
shall consider the effect of particular businesses on the community and
area in the vicinity of the farm meadery premises, provided however that
a retailer business licensed under this chapter shall not be permitted
to operate at a licensed manufacturing premises.
Authorization for sale of mead and braggot by retail licensees.
1. Each retail licensee under this chapter shall have the right, by
virtue of his or her license and without being required to pay any
additional fee for the privilege, to sell at retail for consumption on
or off the premises, as the case may be, mead which has not been
designated as a wine pursuant to subdivision nineteen-a of section three
of this chapter and has been purchased from a person licensed to produce
or sell mead at wholesale under this chapter.
2. Each retail licensee authorized to sell wine under this chapter
shall have the right, by virtue of his or her license and without being
required to pay any additional fee for the privilege, to sell at retail
for consumption on or off the premises, as the case may be, mead which
has been designated as a wine pursuant to subdivision nineteen-a of
section three of this chapter and which has been purchased from a person
licensed to produce or sell mead at wholesale under this chapter.
3. Each retail licensee authorized to sell beer under this chapter
shall have the right, by virtue of his or her license and without being
required to pay any additional fee for the privilege, to sell at retail
for consumption on or off the premises, as the case may be, braggot
which has been purchased from a person licensed to produce or sell
braggot at wholesale under this chapter.
Authorization for sale of mead and braggot by wholesale
licensees. 1. Each wholesale licensee authorized to sell beer under this
chapter shall have the right, by virtue of its license and without being
required to pay any additional fee for the privilege, to sell at
wholesale:
(a) braggot purchased from a person licensed to produce braggot under
this chapter. Such braggot shall be subject to the provisions of this
chapter regarding the tasting and sale of beer at wholesale and retail;
or
(b) mead purchased from a person licensed to produce mead and which
has not been designated as wine pursuant to subdivision nineteen-a of
section three of this chapter. Such mead shall be subject to the
provisions of this chapter regarding the tasting and sale of beer at
wholesale and retail.
2. Each wholesale licensee authorized to sell wine under this chapter
shall have the right, by virtue or its license and without being
required to pay any additional fee for the privilege, to sell at
wholesale mead purchased from a person licensed to produce mead and
which has been designated as wine pursuant to subdivision nineteen-a of
section three of this chapter. Such mead shall be subject to the
provisions of this chapter regarding the tasting and sale or wine at
wholesale and retail.
Mead and braggot tasting. Any person holding a retail license
under this chapter shall be permitted to conduct consumer tastings of
mead and braggot upon such person's licensed premises. All such tastings
shall be subject to the following limitations:
1. Tastings of mead and braggot shall be conducted by the licensee or
an authorized agent of the licensee. Provided, however, a licensed
wholesaler shall not serve as the authorized agent for another entity,
nor shall a licensed wholesaler be involved in any manner with a mead or
braggot tasting conducted by another entity.
2. No more than three samples of mead and/or braggot may be provided
to a person in one calendar day.
3. No sample may exceed three fluid ounces.
4. No tasting shall be held during the hours prohibited by the
provisions of section one hundred five of this chapter.
5. Any liability stemming from a right of action resulting from a
tasting authorized by this section and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law shall
accrue to the licensee.
6. No person under the age of twenty-one shall be permitted to serve a
sample or handle an open container of mead or braggot.
Direct interstate mead and braggot shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture mead and/or braggot in
any other state, who obtains an out-of-state direct shipper's license,
as provided in this section, may ship no more than thirty-six cases (no
more than nine liters per case) of mead and/or braggot produced by such
license holder per year directly to a resident of New York who is at
least twenty-one years of age, for such resident's personal use and not
for resale, provided the state in which such person is so licensed
affords lawful means for shipments of mead and/or braggot to be received
by a resident thereof who is at least twenty-one years of age, for such
resident's personal use and not for resale, from a person licensed in
this state as a manufacturer and, provided further, that the state in
which such out-of-state manufacturer of mead and/or braggot is located
affords to New York state manufacturers of mead and/or braggot
reciprocal shipping privileges, meaning shipping privileges that are
substantially similar to the requirements in this section. No person
shall place an order for shipment of mead and/or braggot unless they are
twenty-one years of age or older. Any common carrier with a permit
issued pursuant to this chapter to whom such out-of-state shipper's
license is presented is authorized to make delivery of shipments
provided for hereunder in this state in compliance with this section.
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture mead and/or braggot in the applicant's
state of domicile along with a copy of the applicant's federal basic
permit and/or brewer's notice after payment of an annual fee of one
hundred twenty-five dollars. Notwithstanding the provisions of section
one hundred ten of this chapter, the authority in its discretion, may
excuse an out-of-state manufacturer of mead and/or braggot from the
submission of such information.
3. Licensee's responsibilities. The holder of an out-of-state direct
shipper's license:
(a) shall ship no more than thirty-six cases (no more than nine liters
per case) per year of mead and/or braggot produced by such license
holder directly to a New York state resident who is at least twenty-one
years of age, for such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections fifty-nine-b, sixty-eight, and seventy-nine-c of
this chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship mead and/or braggot directly to a New York resident is
conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES -
SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR
RESALE," or with other language specifically approved by the New York
state liquor authority;
(d) shall maintain records in such manner and form as the authority
may direct, showing the total amount of mead and/or braggot shipped into
the state each calendar year; the names and addresses of the purchasers
to whom the mead and/or braggot was shipped, the date purchased, the
name of the common carrier used to deliver the mead and/or braggot, and
the quantity and value of each shipment;
(e) shall in connection with the acceptance of an order for a delivery
of mead and/or braggot to a New York resident, require the prospective
customer to represent that he or she has attained the age of twenty-one
years or more and that the mead and/or braggot being purchased will not
be resold or introduced into commerce;
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this article;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph;
(g) shall file returns with and pay to the New York state department
of taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(h) shall keep all records required by this section for three years
and provide copies of such records, upon written request, to the
authority or the department of taxation and finance;
(i) shall permit the authority or the department of taxation and
finance to perform an audit of such out-of-state shipper upon request;
(j) shall execute a written consent to the jurisdiction of this state,
its agencies and instrumentalities and the courts of this state
concerning enforcement of this section and any related laws, rules, or
regulations, including tax laws, rules or regulations; and
(k) shall prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
4. Situs. Delivery of a shipment in this state by the holder of an
out-of-state direct shipper's license shall be deemed to constitute a
sale in this state at the place of delivery and shall be subject to all
excise taxes levied pursuant to section four hundred twenty-four of the
tax law and all sales taxes levied pursuant to articles twenty-eight and
twenty-nine of such law.
5. Renewal. The out-of-state shipper may annually renew its license
with the authority by paying a one hundred twenty-five dollar renewal
fee, providing the authority with a true copy of its current license in
such other state as an alcoholic beverage manufacturer and by complying
with such other procedures as are prescribed by rule of the authority.
6. Rules and regulations. The authority and the department of taxation
and finance may promulgate rules and regulations to effectuate the
purposes of this section.
7. Enforcement. The authority may enforce the requirements of this
section including the requirements imposed on the common carrier, by
administrative proceedings to suspend or revoke an out-of-state
shipper's license and the authority may accept payment of an
administrative fine in lieu of suspension, such payments to be
determined by rules or regulations promulgated by the authority. In
addition, the authority or the attorney general of the state of New York
shall report violations of this section, where appropriate, to the
United States department of treasury, tax and trade bureau, for
administrative action to suspend or revoke the federal basic permit.
8. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
Direct intrastate mead and braggot shipments. Any person having
applied for and received a manufacturing license under this chapter
which includes the privilege of producing mead and/or braggot may ship
no more than thirty-six cases (no more than nine liters per case) of
mead and/or braggot produced by such manufacturer per year directly to a
New York state resident who is at least twenty-one years of age, for
such resident's personal use and not for resale.
1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee:
(a) shall ship no more than thirty-six cases (no more than nine liters
per case) per year of mead and/or braggot produced by such license
holder directly to a New York state resident who is at least twenty-one
years of age, for such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections fifty-nine-c, sixty-nine, and seventy-nine-d of
this chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship mead and/or braggot directly to a New York state resident is
conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES -
SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR
RESALE," or with other language specifically approved by the New York
state liquor authority;
(d) shall maintain records in such manner and form as the authority
may direct showing the total amount of mead and/or braggot shipped in
the state each calendar year, the names and addresses of the purchasers
to whom the mead and/or braggot was shipped, the date purchased, the
name of the common carrier used to deliver the mead and/or braggot, and
the quantity and value of each shipment. Such records shall be kept for
three years and, upon written request, be provided to the authority or
the department of taxation and finance;
(e) shall in connection with the acceptance of an order for a delivery
of mead and/or braggot to a New York resident, require the prospective
customer to represent that he or she has attained the age of twenty-one
years or more and that the mead and/or braggot being purchased will not
be resold or introduced into commerce; and
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this article;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.
2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
ARTICLE 4 Special Provisions Relating to Beer
Kinds of licenses. The following kinds of licenses may be
issued for the brewing and sale of beer:
1. Brewer's licenses;
2. Brewer's retail licenses;
3. Wholesaler's licenses;
4. Vendor's licenses;
5. Licenses to sell beer at retail for consumption off the premises;
and
6. Licenses to sell beer at retail for consumption on the premises.
Brewer's license. 1. Any person may apply to the liquor
authority for a license to brew beer within this state for sale. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application, it shall issue a license in such form as shall be
determined by its rules. Such license shall contain a description of the
licensed premises and in form and in substance shall be a license to the
person therein specifically designated to brew beer in the premises
therein specifically licensed.
2. Such a license shall authorize the sale from the licensed premises
of the beer brewed by such licensee to duly licensed wholesalers,
retailers and permittees in this state, and to sell or deliver such beer
to persons outside the state pursuant to the laws of the place of such
sale or delivery. A person holding a brewer's license may apply for a
license to sell beer brewed by him at wholesale at premises other than
those designated in the brewery license and the provisions of this
article relative to wholesaler's licenses shall apply so far as
applicable to such application.
3. A licensed brewer may, under such rules as may be adopted by the
liquor authority, sell beer at retail in bulk by the keg, cask or barrel
for consumption and not for resale at a clam-bake, barbeque, picnic,
outing or other similar outdoor gathering at which more than fifty
persons are assembled.
3-a. A licensed brewer may at the licensed premises conduct tastings
of, and sell at retail for consumption on or off the licensed premises,
any beer manufactured by the licensee or any New York state labeled
beer. Provided, however, that for tastings and sales for on-premises
consumption, the licensee shall regularly keep food available for sale
or service to its retail customers for consumption on the premises. A
licensee providing the following shall be deemed in compliance with this
provision: (i) sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or (ii) food items intended to
complement the tasting of alcoholic beverages, which shall mean a
diversified selection of food that is ordinarily consumed without the
use of tableware and can be conveniently consumed while standing or
walking, including but not limited to: cheeses, fruits, vegetables,
chocolates, breads, mustards and crackers. All of the provisions of this
chapter relative to licenses to sell beer at retail for consumption on
and off the premises shall apply so far as applicable to such licensee.
4. A licensed brewery may operate a restaurant, hotel, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for
consumption on the premises, beer manufactured by the licensee and any
New York state labeled beer. All of the provisions of this chapter
relative to licenses to sell beer at retail for consumption on the
premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed brewer may
apply to the liquor authority for a license to sell beer, wine or liquor
at retail for consumption on the premises at such establishment. All of
the provisions of this chapter relative to licenses to sell beer, wine
or liquor at retail for consumption on the premises shall apply so far
as applicable to such application.
5. A licensed brewer whose annual production is less than sixty
thousand barrels may apply to the liquor authority for a permit to sell
beer in a sealed container for off-premises consumption at the state
fair, at recognized county fairs and at farmers' markets operated on a
not-for-profit basis. As a condition of the permit a representative from
the brewer must be present at the time of sale.
5-a. Except as otherwise provided in subdivisions three, four, five
and six-a of this section and except as provided in section fifty-two of
this article no brewer shall sell any beer, wine or liquor at retail.
6. Notwithstanding the provisions of subdivision one of section one
hundred one of this chapter the authority may issue a brewer's license
pursuant to this section for a premises which shall be located wholly
within the town of Hyde Park, county of Dutchess, state of New York,
known and designated as Lot No. 1 shown on a map entitled "Subdivision
for Piney" filed in the Dutchess County Clerk's Office as Map No. 8764,
being more particularly bounded and described as follows:
BEGINNING at a point on the easterly line of State Highway Route 9
(also known as Albany Post Road) at the northwest corner of the herein
described parcel and the southwest corner of the lands now or formerly
of Friendly Ice Cream Corp.; thence along the division line between the
herein described parcel and the last mentioned lands; South 77 deg 10'
10" East 310.17 feet to the northeast corner of the herein described
parcel and the southeast corner of the last mentioned lands at a point
on the westerly line of other lands of Fernando Piney which are
designated as Lot No. 1 as shown of Filed Map 5678; thence along the
division line between the herein described parcel and the last described
lands of Piney. South 06 deg 34' 20" West 157.76 feet to the southeast
corner of the herein described parcel and the northeast corner of Lot
No. 2 as shown on Filed Map No. 8764; thence along the northerly line of
Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"
West 155.26 feet and South 87 deg 45' 20" West 155.00 feet to the
southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a
point on the easterly line of State Highway Route 9; thence along the
easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00
feet to the point of beginning. Being the same premises as conveyed to
Anthony Lobianco, Joseph Lobianco and Carmelo DeCicco by deed of
Universal Land Abstract, as agent of the grantor, Fernando Piney, dated
March 21, 1995 and recorded in the office of the Dutchess County Clerk
on such date as Receipt no. R12437, Batch record no. A00209; Being the
same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka
& Strohsahl, as agent of the grantor, Carmelo DeCicco, dated November
17, 2003 and recorded in the office of the Dutchess County Clerk on
December 9, 2004 as document no. 02 2004 12028, Receipt no. R98669,
Batch record no. C00440.
6-a. A licensed brewer producing New York state labelled beer may:
(a) sell such beer to licensed farm distillers, farm wineries, farm
cideries and farm breweries. All such beer sold by the licensee shall be
securely sealed and have attached thereto a label as shall be required
by section one hundred seven-a of this chapter;
(c) sell such beer at retail for consumption off the premises at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(e) apply for a permit to conduct tastings away from the licensed
premises of such beer. Such permit shall be valid throughout the state
and may be issued on an annual basis or for individual events. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary. Tastings shall be conducted subject to the following
conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the
tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer or cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such beer,
for consumption off the premises, during such tastings in premises
licensed under sections sixty-four, sixty-four-a, eighty-one and
eighty-one-a of this chapter. Each such permit and the exercise of the
privilege granted thereby shall be subject to such rules and conditions
of the authority as it deems necessary.
7. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried on by any person licensed as a
brewer under this chapter, such person may, on the premises designated
in such license: (a) produce, package, bottle, sell and deliver soft
drinks and other non-alcoholic beverages, vitamins, malt, malt sirup,
and other by-products; (b) dry spent grain from the brewery; (c) recover
carbon dioxide and yeast; (d) store bottles, packages and supplies
necessary or incidental to all such operations; (e) package, bottle,
sell and deliver wine products; (f) allow for the premises including
space and equipment to be rented by a licensed tenant brewer for the
purposes of alternation; and (g) manufacture, produce, blend, package,
bottle, purchase, sell and deliver alcoholic beverages. If any licensed
brewer desires to engage in any of the activities in paragraph (a), (b),
(c), (d) or (e) of this subdivision which (a) require the use of
by-products or wastage from the production of beer, or utilize
buildings, room-areas or equipment not fully employed in the production
of beer; or (b) are reasonably necessary to realize the maximum benefit
from the premises and equipment and to reduce the overhead of the
brewery; or (c) are in the public interest because of emergency
conditions; or (d) involve experiments or research projects related to
equipment, materials, processes, products, by-products or wastage of the
brewery, he shall submit an application so to do to the liquor
authority, on forms prescribed and furnished by it. If the authority
determines that the activities specified in the application will not
impede the effective administration of the alcoholic beverage control
law, it may approve such application, subject to such restrictions or
modifications, and in such manner and form as it may determine, and no
brewer licensed under this chapter shall engage in any such activities
without the prior approval of the authority. Provided, however, if the
licensed brewer desires to engage in any activities identified in
paragraph (f) or (g) of this subdivision the licensee shall submit an
application to do so to the liquor authority, on forms prescribed and
furnished by it. If the authority determines that the activities
specified in the application will not impede the effective
administration of this chapter, it may approve such application, subject
to such restrictions or modifications, and in such manner and form as it
may determine. The approval of such application shall be subject to the
imposition of such additional license fees for such activities
identified in paragraph (g) of this subdivision consistent with the
manufacture of any alcoholic beverages under this article and articles
five and six of this chapter. The liquor authority is hereby authorized
to adopt such rules and regulations as it may determine necessary to
effectuate the provisions of this subdivision.
8. (a) A licensee or his or her employee, or a brewer or manufacturer
as defined in section three of this chapter or its employee or
representative, or an importer having a basic permit as required by
section 1.20 of title 27 of the code of federal regulations or its
employee or representative, may obtain a permit to serve small samples
of beer or malt beverages he or she produces or imports at
establishments licensed under section fifty-four or fifty-four-a of this
article. Furthermore such permit may also be obtained for serving small
samples of beer or malt beverages produced or imported by such licensee,
brewer, manufacturer or importer at annual fairs sponsored by
agricultural and horticultural societies as defined in section fourteen
hundred nine of the not-for-profit corporation law, and for sampling at
the licensed premises of the holder of a wholesaler's license under
section fifty-three of this article issued or renewed prior to July
first, nineteen hundred sixty, and thereafter renewed or transferred,
which authorizes the holder thereof to sell beer at retail to a person
for consumption in his or her home. For purposes of this paragraph, a
representative shall not include a person licensed under section
fifty-three of this article or his or her employees.
(b) The fee for a temporary brewer tasting permit shall be twenty
dollars and shall be issued by the authority and dated for its period of
use, which shall not exceed three days. An applicant for such permit may
also apply for an annual brewer tasting permit for a fee of one thousand
dollars which shall be issued by the authority.
(c) Tastings at such licensed establishments or annual fairs shall be
conducted only within the hours fixed by or pursuant to this chapter,
during which alcoholic beverages may be lawfully sold or permitted upon
premises licensed to sell beer or malt beverages for off-premises
consumption.
(d) A licensee or his or her employee may provide small samples of
beer or malt beverages he or she produces at their licensed
establishment. No permit shall be required for a licensee or his or her
employee to provide small samples of beer or malt beverages when served
at his or her licensed establishment.
(e) Each serving at tastings shall be served only by the brewer or
importer or his or her employee and shall be limited to three ounces or
less of a brand of beer or malt beverage produced by the brewer or by
the importer and no consumer of legal age shall be provided or given
more than two servings of such brands offered for tasting.
(f) All beer or other malt beverages served pursuant to a permit
issued under this subdivision shall have been purchased by the retail
licensee upon whose premises the serving of samples is taking place.
(g) A brewer or importer to whom a permit is issued pursuant to this
subdivision may not be assessed a fee or charge by the retail licensee
upon whose premises the serving is taking place for the privilege of
serving such samples.
(h) The brewer or importer, or his or her employee serving such
samples, shall be responsible for ensuring that such samples are only
served to individuals legally eligible to consume alcoholic beverages in
this state.
(i) Any liability stemming from a right of action resulting from the
sampling of beer or other malt beverages as authorized by this
subdivision, and in accordance with the provisions of sections 11-100
and 11-101 of the general obligations law, shall accrue to the brewer or
importer.
(j) The authority is authorized and directed to provide such forms to
a brewer or importer to obtain the necessary temporary brewer tasting
permit and promulgate such rules and regulations, as it deems necessary
or appropriate to implement the provisions of this subdivision to
protect the health, safety and welfare of the people of this state.
9. A brewery shall manufacture at least fifty barrels of beer
annually.
Farm brewery license. 1. Any person may apply to the authority
for a farm brewery license as provided for in this section to brew beer
within this state for sale. Such application shall be in writing and
verified and shall contain such information as the authority shall
require. Such application shall be accompanied by a check or draft for
the amount required by this article for such license. If the authority
grants the application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to brew beer in the premises
therein specifically licensed.
2. A farm brewery license shall authorize the holder thereof to
operate a brewery for the manufacture of New York state labelled beer.
Such a license shall also authorize the licensee to:
(a) manufacture New York state labelled cider and New York state
labeled braggot;
(b) sell in bulk beer, cider, and braggot manufactured by the licensee
to any person licensed to manufacture alcoholic beverages in this state
or to a permittee engaged in the manufacture of products which are unfit
for beverage use;
(c) sell or deliver beer, cider, and braggot manufactured by the
licensee to persons outside the state pursuant to the laws of the place
of such delivery;
(d) sell beer, cider, and braggot manufactured by the licensee to
wholesalers and retailers licensed in this state to sell such beer,
cider, and braggot, licensed farm distillers, licensed farm wineries,
licensed farm cideries, licensed farm meaderies and any other licensed
farm brewery. All such beer, cider, and braggot sold by the licensee
shall be securely sealed and have attached thereto a label as shall be
required by section one hundred seven-a of this chapter;
(e) sell at the licensed premises beer, cider, and braggot
manufactured by the licensee or any other licensed farm brewery, and
wine and spirits manufactured by any licensed farm winery or farm
distillery, at retail for consumption on or off the licensed premises;
(f) conduct tastings at the licensed premises of beer, cider, and
braggot manufactured by the licensee or any other licensed farm brewery;
(g) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, beer,
cider, and braggot manufactured by the licensee and any New York state
labeled beer, New York state labeled braggot or New York state labeled
cider. All of the provisions of this chapter relative to licenses to
sell beer, cider, and braggot at retail for consumption on and off the
premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed farm brewery
may apply to the authority for a license under this chapter to sell
other alcoholic beverages at retail for consumption on the premises at
such establishment;
(h) sell beer, cider, and braggot manufactured by the licensee or any
other licensed farm brewery at retail for consumption off the premises,
at the state fair, at recognized county fairs and at farmers markets
operated on a not-for-profit basis;
(i) conduct tastings of and sell at retail for consumption off the
premises New York state labelled wine and mead manufactured by a person
licensed to produce wine or mead under this chapter;
(j) conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed cider
producer or licensed farm cidery;
(k) conduct tastings of and sell at retail for consumption off the
premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no
consumer may be provided, directly or indirectly: (i) with more than
three samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
and
(l) conduct tastings of and sell at retail for consumption off the
premises New York state labelled braggot manufactured by a person
licensed to produce braggot under this chapter; and
(m) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm brewery licensee.
3. (a) A farm brewery licensee may apply for a permit to conduct
tastings away from the licensed premises of beer, cider, and braggot
produced by the licensee. Such permit shall be valid throughout the
state and may be issued on an annual basis or for individual events.
Each such permit and the exercise of the privilege granted thereby shall
be subject to such rules and conditions of the authority as it deems
necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm breweries. Such agent, representative
or solicitor shall be physically present at all times during the conduct
of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer, cider, or braggot as authorized herein and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the farm brewery.
4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell beer, cider, and braggot produced by such farm brewery,
by the bottle, during such tastings in premises licensed under sections
sixty-four, sixty-four-a, eighty-one and eighty-one-a of this chapter.
Each such permit and the exercise of the privilege granted thereby shall
be subject to such rules and conditions of the authority as it deems
necessary.
5. A licensed farm brewery may, under such rules as may be adopted by
the authority, sell beer or cider manufactured by the licensee or any
other licensed farm brewery at retail in bulk by the keg, cask or barrel
for consumption and not for resale at a clam-bake, barbeque, picnic,
outing or other similar outdoor gathering at which more than fifty
persons are assembled.
6. A licensed farm brewery may apply to the authority for a license to
sell liquor and/or wine at retail for consumption on the premises in a
restaurant owned by him and conducted and operated by the licensee in or
adjacent to its farm brewery. All of the provisions of this chapter
relative to licenses to sell liquor or wine at retail or consumption on
the premises shall apply so far as applicable.
7. A farm brewery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as
mustards, sauces, hop seasonings, beer nuts, and other hops and beer
related foods in addition to beer and hop soaps, hop pillows, hop
wreaths and other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to store and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of beer. These gift items shall be limited to the following
categories:
(a) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(b) food items for the purpose of complementing beer and cider
tastings, which shall mean a diversified selection of food that is
ordinarily consumed without the use of tableware and can be conveniently
consumed while standing or walking. Such food items shall include but
not be limited to: cheeses, fruits, vegetables, chocolates, breads,
mustards and crackers;
(c) food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing cider, beer and/or hop related products;
(d) beer supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of beer or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing beer;
(e) beer-making equipment and supplies including, but not limited to,
home beer-making or homebrewing kits, filters, bottling equipment, hops,
barley, yeasts, chemicals and other beer additives, and books or other
written material to assist beer-makers and home beer-makers or
homebrewers to produce and bottle beer;
(f) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary, any
farm brewery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm brewery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm brewery may be conducted
at the branch offices. Such branch offices shall not be located within,
share a common entrance and exit with, or have any interior access to
any other business, including premises licensed to sell alcoholic
beverages at retail. Prior to commencing operation of any such branch
office, the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation of
same.
10. (a) No farm brewery shall manufacture in excess of seventy-five
thousand finished barrels of beer, cider, and braggot annually.
(b) A farm brewery shall manufacture at least fifty barrels of beer,
cider, and braggot annually.
11. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm brewery shall manufacture or sell any beer other than New
York state labelled beer.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed much of the necessary ingredients for
brewing beer, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm brewery to
manufacture or sell beer produced from ingredients grown or produced
outside this state. No such authorization shall be granted to a farm
brewery licensee unless such licensee certifies to such commissioner the
quantity of New York grown ingredients unavailable to such licensee due
to such natural disaster, act of God or continuing adverse weather
condition and satisfies such commissioner that reasonable efforts were
made to obtain brewing ingredients from a New York state source for such
beer making purpose. No farm brewery shall utilize an amount of
out-of-state grown or produced ingredients exceeding the amount of New
York grown ingredients that such brewery is unable to obtain due to the
destruction of New York grown or produced ingredients by a natural
disaster, act of God or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the authority are authorized to adopt rules
and regulations as they may deem necessary to carry out the provisions
of this subdivision which shall include ensuring that in manufacturing
beer farm breweries utilize ingredients grown or produced in New York
state to the extent they are reasonably available, prior to utilizing
ingredients from an out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm breweries and to the public each specific ingredient loss
determination issued pursuant to paragraph (b) of this subdivision on or
before August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each year results in any ingredient loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional ingredient loss determinations and shall
expeditiously make available to farm breweries and to the public each
specific ingredient loss determination issued pursuant to this paragraph
prior to October tenth of each year.
12. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm brewery shall manufacture or sell any cider other than New
York state labelled cider.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed at least thirty percent of the apple
crop necessary for producing cider, such commissioner, in consultation
with the chairman of the authority, may give authorization to a duly
licensed farm brewery to manufacture or sell cider produced from such
apples designated as necessary for producing cider and grown outside
this state. No such authorization shall be granted to a farm brewery
licensee unless such licensee certifies to such commissioner the
quantity of such New York grown apples designated as necessary for
producing cider unavailable to such licensee due to such natural
disaster, act of God, or continuing adverse weather condition and
satisfies such commissioner that reasonable efforts were made to obtain
such apples from a New York state source for such cider making purpose.
No farm brewery shall utilize an amount of out-of-state grown apples
exceeding the amount of such designated New York grown apples that such
brewery is unable to obtain due to the destruction of New York grown
apples by a natural disaster, act of God, or continuing adverse weather
condition as determined by the commissioner of agriculture and markets
pursuant to this subdivision. For purposes of this subdivision, the
department of agriculture and markets and the authority are authorized
to adopt rules and regulations as they may deem necessary to carry out
the provisions of this subdivision which shall include ensuring that in
manufacturing cider farm breweries utilize apples grown in New York
state to the extent they are reasonably available, prior to utilizing
apples from an out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm breweries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm breweries and to the public the
loss determination issued pursuant to this paragraph prior to October
tenth of each year.
13. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried out by any person licensed
under this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, malt, malt syrup, and other
by-products;
(b) dry spent grain from the brewery;
(c) recover carbon dioxide and yeast;
(d) store bottles, packages and supplies necessary or incidental to
all such operations;
(e) package, bottle, sell and deliver wine products;
(f) allow for the premises including space and equipment to be rented
by a licensed tenant brewer for the purposes of alternation.
14. Notwithstanding any other provision of this chapter, the authority
may issue a farm brewery license to the holder of a farm winery or farm
distiller's license for use at such licensee's existing licensed
premises. The holder of a farm winery or farm distiller's license that
simultaneously holds a farm brewery license on an adjacent premises may
share and use the same tasting room facilities to conduct any tastings
that such licensee is otherwise authorized to conduct.
15. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of beer and cider production and of tourism in New
York, thereby promoting the conservation, production and enhancement of
New York state agricultural lands.
16. Notwithstanding any provision of law to the contrary, another
business or other businesses may operate on the licensed premises
subject to such rules and regulations as the liquor authority may
prescribe. Such rules and regulations shall determine which businesses
will be compatible with the policy and purposes of this chapter and
shall consider the effect of particular businesses on the community and
area in the vicinity of the farm brewery premises, provided however that
a retailer business licensed under this chapter shall not be permitted
to operate at a licensed manufacturing premises.
Custom beermakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom beermakers' center license as provided for in this section to
operate a custom beermakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
beer making supplies for the production of beer by such individuals for
personal household use and not for resale in accordance with state and
federal laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of a license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture beer for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, "beer making supplies" shall mean
hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit
juices, and other agricultural products including, but not limited to,
honey and flowers, that are grown or produced in the state of New York,
in quantity amounts as determined by the authority and shall be governed
by paragraph (b) of subdivision eleven of section fifty-one-a of this
article.
3. A custom beermakers' center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase beer making
supplies to manufacture beer for personal household use provided that
the manufacture and production of beer for personal household
consumption and use is done in accordance with state and federal laws
and regulations. Such a license shall also authorize the licensee,
provided such activities are permitted by the federal Alcohol and
Tobacco Tax and Trade Bureau for the manufacture of tax exempt beer for
personal household use, to:
(a) conduct training classes on how to manufacture beer; and
(b) conduct beer tastings for those individuals taking such classes
and/or using such facility for brewing purposes at the licensed facility
provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the custom beermakers' center.
4. The custom beermakers' center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility's hours of
operations.
6. The annual aggregate production of beer at any such center for all
individuals making beer at such premises, pursuant to a custom
beermakers' center license, shall not exceed the production limits set
by the authority that are commensurate with a non-commercial production
facility. Provided that such aggregate production limit shall not be
offset by beer produced at such facility under a brewer's license or
farm brewery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom beermakers' center license to the holder of a farm
brewery or brewery license for use at such licensee's existing licensed
premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individuals that have used such facility and
the annual amount of beer produced by each individual at the facility
pursuant to the rules of the authority.
Wholesaler's license. Any person may apply to the liquor
authority for a license to sell beer at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application
it shall issue a license in such form as shall be determined by its
rules. Such a license shall contain a description of the licensed
premises and in form and in substance shall be a license to the person
therein specifically designated to sell beer at wholesale in the
premises therein specifically licensed to duly licensed wholesalers,
retailers and permittees in this state, and to sell or deliver beer to
persons outside the state pursuant to the laws of the place of such sale
or delivery. A wholesaler's license issued or renewed prior to July
first, nineteen hundred sixty, and thereafter renewed or transferred,
shall authorize the holder thereof to sell beer at retail to a person
for consumption in his home; provided, however, that regardless of the
date issued, renewed or transferred, a wholesaler's license issued to a
brewer or to the wholly-owned subsidiary of a brewer, shall authorize
the holder thereof to sell beer at retail to a person for consumption in
his home.
Vendor's license. In cities having a population of one million
or more, any individual person may apply for a license to sell beer as a
vendor. Such application shall be in writing, and verified, and shall
contain such information as the liquor authority shall require. Such
application shall be accompanied by a check or draft for the amount
required by this article for such license. If the liquor authority shall
grant the application it shall issue a license in such form as shall be
determined by its rules. Such a license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to sell beer as a vendor in
cities having a population of one million or more only, from the
premises therein specifically licensed. A vendor's license shall
authorize the holder thereof to sell beer at retail to be delivered by
such vendor to a person for consumption in his home and shall authorize
the holder thereof to operate one vehicle for the delivery of beer, but
shall not authorize the sale to any person or licensee for resale.
License to sell beer at retail for consumption off the premises.
1. Any person may apply to the appropriate board for a license to sell
beer at retail not to be consumed upon the premises where sold. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. The term "premises" shall include any duly
licensed supply ship operating in harbors in Lake Erie.
2. In the event that the liquor authority issues such license it shall
forward the same to the applicant.
3. If the authority shall disapprove an application for a license or
permit, it shall state and file in its offices the reasons therefor and
shall notify the applicant thereof. Such applicant may thereupon apply
to the liquor authority for a review of such action in a manner to be
prescribed by the rules of the liquor authority. A hearing upon notice
to the applicant shall thereupon be held by the liquor authority or by
one of its members at its office most conveniently situated to the
office of its duly authorized representative in a manner to be
prescribed in its rules; and on such hearing proof may be taken by oral
testimony or by affidavit relative thereto. After such hearing, if the
liquor authority confirms such disapproval, it shall endorse such
application accordingly and shall send notice to the applicant of its
action in such form as the liquor authority may prescribe. If the liquor
authority does not confirm the disapproval action it may grant such
application and issue such license.
4. No such license shall be issued, however, to any person for any
premises other than a grocery store, drug store, or duly licensed supply
ship operating in harbors in Lake Erie.
5. Such license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person
specifically designated therein to sell beer at retail in the premises
specifically licensed, not to be consumed upon said premises.
License to sell beer and wine products at retail for
consumption off the premises. 1. Any person may apply to the appropriate
board for a license to sell beer and wine products at retail not to be
consumed upon the premises where sold. Such application shall be in
writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by section fifty-six of this
article for such license. The term "premises" shall include any duly
licensed supply ship operating in harbors in Lake Erie. All the
provisions contained in subdivisions two and three of section fifty-four
of this article shall apply to the procedure relative to an application
for a license under this section.
2. No such license shall be issued, however, to any person for any
premises other than a grocery store, drug store, or duly licensed supply
ship operating in harbors in Lake Erie.
3. Such license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person
specifically designated therein to sell beer and wine products at retail
in the premises specifically licensed, not to be consumed upon said
premises.
Beer tasting. Any person holding a retail license to sell beer
under this chapter shall be permitted to conduct consumer tastings of
beer upon such person's licensed premises. All such tastings shall be
subject to the following limitations:
(a) Tastings of beer shall be conducted by the licensee or an
authorized agent of the licensee. Provided, however, a licensed beer or
cider wholesaler shall not serve as the authorized agent for another
entity, nor shall a licensed beer or cider wholesaler be involved in any
manner with a beer tasting conducted by another entity.
(b) No more than three samples of beer may be provided to a person in
one calendar day.
(c) No sample may exceed three fluid ounces.
(d) No tasting shall be held during the hours prohibited by the
provisions of section one hundred five of this chapter.
(e) Any liability stemming from a right of action resulting from a
tasting authorized by this section and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law shall
accrue to the licensee.
(f) No person under the age of twenty-one shall be permitted to serve
a sample or handle an open container of beer.
License to sell beer at retail for consumption on the premises.
1. Any person may make an application to the appropriate board for a
license to sell beer at retail to be consumed upon the premises. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. All of the provisions contained in
subdivisions two and three of the preceding section shall apply to the
procedure relative to an application for a license under this section.
2. Such a license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person therein
specifically designated to sell beer in the premises therein
specifically licensed, at retail, to be consumed upon such premises.
Such license shall also include the privilege of selling beer at retail
to be consumed off the premises.
3. No such license shall be issued, however, to any person for any
premises other than premises for which a license may be issued under
section sixty-four or sixty-four-a of this chapter or a hotel or
premises which are kept, used, maintained, advertised or held out to the
public to be a place where food is prepared and served for consumption
on the premises in such quantities as to satisfy the liquor authority
that the sale of beer intended is incidental to and not the prime source
of revenue from the operation of such premises. The foregoing provisions
of this subdivision shall not apply to any premises located at, in, or
on the area leased by the city of New York to New York World's Fair 1964
Corporation pursuant to the provisions of chapter four hundred
twenty-eight of the laws of nineteen hundred sixty, as amended by a
chapter of the laws of nineteen hundred sixty-one, during the term or
duration of such lease. Such license may also include such suitable
space outside of the licensed premises and adjoining it as may be
approved by the liquor authority.
License to sell beer at retail, in certain counties, for
consumption at baseball parks, race tracks and outdoor athletic fields
and stadia where admission fees are charged, in operation for certain
periods of the year. 1. Any person may make an application to the
appropriate board for a license to sell beer to be consumed at baseball
parks, race tracks, and other athletic fields and stadia where admission
fees are charged, other than such parks, fields and stadia as are
operated and maintained by educational institutions, to be consumed on
the premises. Such application shall be in writing and verified and
shall contain such information as the liquor authority shall require.
Such application shall be accompanied by a check or draft for the amount
required by this article for such license. All of the provisions
contained in subdivisions two and three of section fifty-four shall
apply to the procedure relative to an application for a license under
this section.
2. Such a license shall contain a description of the licensed premises
and in form and substance shall be a license to the person therein
specifically designated to sell beer on the premises therein
specifically licensed, at retail, to be consumed upon such premises.
Manner of changing beer prices to wholesalers and retail
licensees. 1. It is hereby declared as the policy of the state that the
sale and distribution of beer shall be subject to certain restrictions,
prohibitions and regulations which tend to maintain an orderly market
and prevent destructive competition. The necessity of the provisions of
this section is therefore declared as a matter of legislative necessity.
2. No brewer or beer wholesaler may increase the price per case, draft
package or special package of beer sold to beer wholesalers or retail
licensees until at least one hundred eighty days have elapsed since his
last price decrease on such case, draft package or special package,
provided, however, that the brewer or beer wholesaler may increase any
price established by him at any time in the amount of any direct tax
increase on beer or three percent of the final cash invoice amount to
reasonably remunerate such wholesaler for surcharges and fees incurred
for business payment card payments, as provided for by paragraph j of
subdivision one of section one hundred one-aaa of this chapter, or on
containers thereof, actually paid by such brewer or beer wholesaler, and
provided further, however, that if a brewer or beer wholesaler has
increased his price to beer wholesalers at any time pursuant to the
provisions hereof, the beer wholesaler may increase the price
established by him on such package in an amount equal to the direct
price increase to the beer wholesaler. The price per case, draft package
or special package of beer sold to beer wholesalers or retail licensees
on the first day of the month following the effective date of this act
shall be deemed the base price, to or from which price increases or
decreases may be made in accordance with the provisions of this section.
3. The authority is authorized and empowered to do such acts,
prescribe such forms and adopt rules and regulations as it may deem
necessary or proper to carry into effect the purpose and provisions of
this section and to prevent circumvention or evasion thereof.
Without limiting the generality of the foregoing, and in addition to
its other powers, the authority may, in its discretion, adopt rules or
regulations:
a. Particularizing the standards of packaging which constitute a case,
special package and draft package of beer.
b. Defining the guidelines relating to "price" within the purview of
this section which guidelines may provide, without limitation thereto,
that,
(1) Whenever a brewer or beer wholesaler decreases his price per case,
draft package or special package of beer to beer wholesalers, the beer
wholesaler may decrease his price to retail licensees on such reduced
item or items by no more than the amount in dollars and cents by which
the brewer or beer wholesaler has decreased the price per case, draft
package or special package to the beer wholesaler.
(2) Whenever the price per case, draft package or special package of
beer is increased to retail licensees by action of the brewer or beer
wholesaler following a price decrease, the brewer or beer wholesaler may
not increase its price to retailers on any item or items more than
one-half of the price decrease previously granted, nor may the brewer or
beer wholesaler selling such item or items to the beer wholesaler
increase its price to such beer wholesaler more than one-half of the
price decrease previously granted, provided, however, such restrictions
on price increases by both brewers and beer wholesalers shall remain in
effect for the period of one hundred eighty days.
(3) Whenever a brewer or beer wholesaler lowers its price per case,
draft package or special package of beer to any beer wholesaler in New
York state it must lower its price on each item or items by the same
amount to all beer wholesalers throughout New York state to whom such
item or items is offered for sale.
(4) Whenever a brewer or beer wholesaler, following a price decrease,
raises its price per case, draft package or special package of beer to
any beer wholesaler in New York state it must raise its price on each
item or items by the same amount to all beer wholesalers throughout New
York state to whom such item or items are offered for sale.
c. Providing that for good cause shown to its satisfaction, the
authority may grant waivers to licensees adversely affected by this
section, under such terms and conditions as the authority deems
appropriate.
d. Requiring licensees to file with the authority reports certifying
their prices of beer, the dates of any changes in the price of any item
of beer, and such other matters as the authority may determine from time
to time to be necessary to disclose accurately the price of beer during
the previous twelve months and requiring licensees to keep forms,
records and memoranda prescribed by the authority.
4. For the purpose of defraying the expenses incurred in the
administration of this section, there shall be paid to the authority by
each person hereafter applying for a license as brewer or beer
wholesaler the following sums: brewer whose annual production is sixty
thousand barrels per year or more, one thousand dollars; brewer whose
annual production is less than sixty thousand barrels per year, one
hundred dollars; beer wholesaler, one hundred dollars. A like sum shall
be paid by each person hereafter applying for the issuance or renewal of
any such license and such sum shall accompany the application and the
license fee prescribed by this chapter for such license or renewal
thereof, as the case may be. The sums prescribed by this subdivision
shall not be pro-rated for any portion of the license fee and shall have
no refund value.
5. For any violation of any provision of this section or of any rule
or regulation duly promulgated under this section the authority may
revoke, cancel or suspend a license or recover, as provided in section
one hundred twelve of this chapter, the penal sum of the bond filed by
the licensee.
Agreements between brewers and beer wholesalers. 1. Purpose.
It is hereby declared to be the policy of this state, that the sale and
delivery of beer by brewers to beer wholesalers shall be pursuant to a
written agreement. That further, the regulation of business relations
between brewers and beer wholesalers is necessary and appropriate to the
general economy and tax base of this state and in the public interest.
2. Definitions. As used in this section, the following words shall
have the following meanings:
(a) "Agreement" means any contract, agreement, arrangement, course of
dealing or commercial relationship between a brewer and a beer
wholesaler pursuant to which a beer wholesaler is granted the right to
purchase, offer for sale, resell, warehouse or physically deliver beer
sold by a brewer.
(b) "Brewer" means any person or entity engaged primarily in business
as a brewer, manufacturer of alcoholic beverages, importer, marketer,
broker or agent of any of the foregoing who sells or offers to sell beer
to a beer wholesaler in this state or any successor to a brewer.
(c) "Successor to a brewer" means any person or entity which acquires
the business or beer brands of a brewer, without limitation, by way of
the purchase, assignment, transfer, lease, or license or disposition of
all or a portion of the assets, business or equity of a brewer in any
transaction, including merger, corporate reorganization or consolidation
or the formation of a partnership, joint venture or other joint
marketing alliance.
(d) "Beer wholesaler" and "wholesaler" means the holder of a
wholesaler's license pursuant to section fifty-three of this article who
purchases, offers to sell, resells, markets, promotes, warehouses or
physically distributes beer sold by a brewer.
(e) "Good cause" means and shall be limited to:
(i) (A) The implementation by a brewer of a national or regional
policy of consolidation which is reasonable, nondiscriminatory and
essential. Such policy shall have been previously disclosed, in
writing, in reasonable detail to the brewer's wholesalers, and shall
result in a contemporaneous reduction in the number of a brewer's
wholesalers not only for a brand in this state, but also for a brand in
contiguous states or in a majority of the states in which the brewer
sells the brand. All affected wholesalers and affected brewers shall be
afforded ninety days prior notice of the implementation of such policy,
and such notice shall be provided by the brewer implementing said
policy. Further, an affected wholesaler who has actual knowledge of the
intended implementation of such policy shall also notify each affected
brewer. The term "affected brewers" means all other brewers with an
agreement with an affected wholesaler who is a multiple brands
wholesaler. The term "affected wholesalers" means wholesalers who may
reasonably be expected to experience a loss or diminishment of a right
to distribute a brand, in whole or in part, as a consequence of a
proposed consolidation policy.
(B) An affected brewer receiving notice pursuant to this paragraph
may, within one hundred twenty days after receiving such notice,
terminate an agreement with a multiple brands wholesaler in the event:
(1) the total case purchases computed in twenty-four twelve ounce
equivalence units by the wholesaler of the products of the affected
brewer amounted to two percent or less of the multiple brands
wholesaler's total sales volume during the twelve month period preceding
the notice; and (2) the affected brewer, prior to such termination, pays
compensation to the multiple brands wholesaler.
(ii) There is a failure by the beer wholesaler to comply with a
material term of an agreement required by subdivision three of this
section between the brewer and beer wholesaler, provided that: (A) the
wholesaler was given written notice by the brewer of the failure to
comply with the agreement as provided for in subdivision five of this
section and in which the brewer states with particularity the basis for
the brewer's determination of non-compliance, and upon the wholesaler's
written request within ten days of receipt of the notice, the brewer has
supplemented such notice by submitting to the wholesaler in writing the
brewer's recommended plan of corrective action to cure the claimed
defaults or deficiencies in a manner satisfactory to it; (B) the
wholesaler was afforded a reasonable opportunity to assert good faith
efforts to comply with the agreement by curing the claimed defaults or
deficiencies specified in said notice within the time provided for in
clause (C) of this subparagraph; and (C) the wholesaler was afforded
fifteen days after receipt of such notice to submit a written plan of
corrective action to comply with the agreement by curing the claimed
non-compliance and seventy-five days to cure such non-compliance in
accordance with the plan. Provided, however, that such period for cure
may be increased or reduced to a commercially reasonable period by an
order of a court in this state entered after a hearing at which the
brewer has the burden to demonstrate that the claimed defaults or
deficiencies can be substantially rectified in the period of time
afforded the wholesaler or that, after receipt of notice of default or
deficiency as provided for in subdivision five of this section, the
wholesaler has intentionally engaged in an affirmative course of conduct
in which the brewer's current marketing plans and other trade secrets
are disclosed to a third party without the prior consent of the brewer
or in which the wholesaler acts or threatens to act to significantly
impair, harm or dilute the reputation or competitive position of the
brewer or otherwise irreparably injure the brewer, its brands or
trademarks. Provided, further however: (1) that such period for cure
need not exceed forty-five days if within the twelve months immediately
following a cure, the wholesaler intentionally engages in conduct which
repeats the same specified default and deficiency which the brewer had
deemed cured; and (2) that such period for cure need not exceed sixty
days in the event that during the twelve month period preceding the
notice, the total case purchases by the wholesaler of the affected
products of the brewer account for less than one-half of one percent of
the wholesaler's aggregate case purchases from all sources or one
thousand cases. For purposes of this subdivision, case purchases of
affected products whether package or draught shall be computed in
twenty-four twelve ounce equivalence units.
(f) "Good faith" means honesty in fact and the observance of
reasonable commercial standards in the trade.
(g) "Material modification" of an agreement or to "materially modify"
means and includes a substantial and significant change in the
competitive circumstances under which the agreement was entered into and
is performed which is caused by a brewer without fault on the part of
the wholesaler.
(h) "Multiple brands wholesaler" means a wholesaler which pursuant to
agreements with different brewers holds the rights to purchase, resell,
warehouse or physically deliver two or more competing products in
substantially the same geographic area or to the same customer class.
(i) "Fair market value of distribution rights" means the amount a
willing seller, under no compulsion to sell, would be willing to accept
and a willing buyer, under no compulsion to purchase, would be willing
to pay for the distribution rights.
3. Written agreement required. Except as provided for in subdivision
ten of this section, beer offered for sale in this state by a brewer to
a beer wholesaler shall be sold and delivered pursuant to a written
agreement which conforms to the provisions of this section and which
sets forth all essential and material terms, requirements, standards of
performance and conditions of the business relationship between a brewer
and a beer wholesaler. Such agreement may be cancelled, terminated,
materially modified or not renewed for good cause as defined in this
section, provided the brewer has acted in good faith.
4. Termination for cause and opportunity to cure. (a) No brewer may
cancel, fail to renew, or terminate an agreement unless the party
intending such action has good cause for such cancellation, failure to
renew, or termination and in any case in which prior notification is
required under this section, the party intending to act has furnished
said prior notification as provided for in subdivision five of this
section and the wholesaler has failed to cure such defaults or
deficiencies after a period for cure, as provided for in clause (C) of
subparagraph (ii) of paragraph (e) of subdivision two of this section.
(b) No brewer shall amend or materially modify or otherwise terminate
any essential and material term or requirement of an agreement unless
the brewer has good cause therefor and has furnished the affected party
with at least fifteen days prior notification as required by subdivision
five of this section.
(c) Notwithstanding any provision of this subdivision to the contrary:
(i) Any brewer with an annual volume as defined in subparagraph (iv)
of this paragraph of less than three hundred thousand barrels of beer
and whose sales to an affected beer wholesaler are three percent or less
of the beer wholesaler's total annual brand sales measured in case
equivalent sales of twenty-four--twelve ounce units may terminate an
agreement with any beer wholesaler without having good cause for such
termination, as defined in paragraph (e) of subdivision two of this
section, and shall not be subject to liability to the beer wholesaler
under paragraph (b) of subdivision seven of this section provided that,
prior to the effective date of the termination, the brewer pays the beer
wholesaler the fair market value of the distribution rights which will
be lost or diminished by reason of the termination. If such brewer and
beer wholesaler cannot mutually agree to the fair market value of the
applicable distribution rights lost or diminished by reason of the
termination, then the brewer shall pay the beer wholesaler a good faith
estimate of the fair market value of the applicable distribution rights.
(ii) If the beer wholesaler being terminated under subparagraph (i) of
this paragraph disputes that the payment made by the brewer was less
than the fair market value of the distribution rights, then the beer
wholesaler may within forty-five days of termination submit the question
of fair market value of the applicable distribution rights lost or
diminished by reason of the termination to binding arbitration before a
panel of three neutral arbitrators appointed in accordance with the
commercial arbitration rules of the American Arbitration Association,
which panel shall determine by majority decision whether the brewer's
payment meets the requirements of subparagraph (i) of this paragraph. If
the arbitration panel rules that the payment made by the brewer to the
beer wholesaler upon termination was less than the fair market value of
distribution rights lost or diminished by reason of the termination,
then the brewer must pay the beer wholesaler the difference between the
payment made to the beer wholesaler and the determined fair market value
plus interest. If the arbitration panel rules that the payment made by
the brewer to the beer wholesaler upon termination was more than the
fair market value of distribution rights lost or diminished by reason of
the termination, then the beer wholesaler must pay the brewer the
difference between the payment made to the beer wholesaler and the
determined fair market value plus interest. All arbitration fees and
expenses shall be equally divided among the parties to the arbitration
except if the arbitration panel determines that the brewer's payment
upon termination was not a good faith estimate of the fair market value,
then the panel may award up to one hundred percent of the arbitration
costs to the brewer.
(iii) Notwithstanding any provision of this section to the contrary,
for purposes of this paragraph, the term "brewer" shall mean any person
or entity engaged primarily in business as a brewer or manufacturer of
beer.
(iv) For the purpose of this paragraph, the term "annual volume" shall
mean: (1) the aggregate number of barrels of beer, under trademarks
owned by that brewery and brewed, directly or indirectly, by or on
behalf of the brewer during the measuring period, on a worldwide basis,
plus (2) the aggregate number of barrels of beer brewed, during the
measuring period, directly or indirectly, by or on behalf of any person
or entity which, at any time during the measuring period, controlled,
was controlled by or was under common control with the brewer, on a
worldwide basis. Annual volume shall not include beer brewed under
contract for any other brewer. There shall be no double counting of the
same barrels of beer under clauses one and two of this subparagraph.
(v) For the purposes of this paragraph, the term "measuring period"
shall mean the twelve month calendar period immediately preceding the
date notice of termination, as required under subparagraph (i) of this
paragraph, was given by a brewer to the beer wholesaler.
5. Notice of default or deficiency. (a) Except as provided in
paragraph (d) of this subdivision, no brewer may cancel, fail to renew
or terminate an agreement unless the brewer or beer wholesaler furnished
prior notification in accordance with paragraph (c) of this subdivision.
(b) Notwithstanding any agreement, no brewer or beer wholesaler may
materially amend or modify an essential and material term or requirement
unless the brewer or beer wholesaler furnished prior notification in
accordance with paragraph (c) of this subdivision.
(c) The notification required under paragraphs (a) and (b) of this
subdivision shall be in writing and sent to the affected party by
certified mail. Such notification shall contain:
(i) a statement of intent to cancel, not renew, otherwise terminate,
materially amend or modify an agreement;
(ii) a statement of all reasons therefor, stated with particularity;
and
(iii) the date on which such action shall take effect.
(d) A brewer or beer wholesaler may cancel, fail to renew or otherwise
terminate an agreement without furnishing the prior notification
required under this section only:
(i) in the event the affected party has made an assignment for the
benefit of creditors or similar disposition of all or substantially all
of the assets of such party's business;
(ii) in the event of a conviction or plea of guilty or no contest to a
felony which in the reasonable judgment of the brewer may adversely
affect the goodwill or interests of the wholesaler or brewer;
(iii) in the event of the revocation or suspension for thirty-one days
or more of any license or permit required of the wholesaler for the
normal operation of its business;
(iv) in the event there was fraudulent conduct on the part of the
brewer or beer wholesaler in its dealings with the other party;
(v) in the event of the failure by either party to pay sums of money
to the other party when due or if either the wholesaler or brewer takes
any action which would provide grounds for immediate termination
pursuant to the reasonable terms of a written enforceable agreement
between them, which was freely entered into without threat of
termination or other coercion or compulsion and was in full force and
effect sixty days from the effective date of the chapter of the laws of
nineteen hundred ninety-seven which amended this subparagraph;
(vi) in the event the brewer and beer wholesaler voluntarily agree in
writing to terminate the agreement.
6. Right of action. If a brewer fails to comply with the provisions of
this section, a beer wholesaler may maintain a civil action in a court
of competent jurisdiction within this state for damages sustained in
accordance with the laws of this state which shall govern all disputes
arising under an agreement or by reason of its making and performance.
In any such action the court may grant such equitable relief as is
necessary or appropriate, considering the purposes of this section, to
remedy the effects of any failure to comply with the provisions of this
section or the effects of conduct prohibited hereunder, including
declaratory judgment, mandatory or prohibitive injunctive relief, or
preliminary or other interim equitable relief; provided, however, that
permanent injunctive relief shall not be granted to prohibit the
effectiveness of a termination or non-renewal of an agreement in
furtherance of a policy of consolidation that is in compliance with
subparagraph (i) of paragraph (e) of subdivision two of this section. In
any legal action challenging any cancellation, termination or failure to
renew, or where an issue is the brewer's compliance with the provisions
of subparagraph (i) of paragraph (e) of subdivision two of this section,
the brewer shall have the burden of proof that its action was based upon
good cause, provided however, the wholesaler shall retain the burden of
proof in all other respects. The rights and remedies provided in this
section to a beer wholesaler with respect to an agreement with a brewer
and to an affected wholesaler or an affected brewer shall be intended to
supplement and not be exclusive of any rights and remedies otherwise
available pursuant to any other statute, or at law or equity.
7. Reasonable compensation. (a) Any brewer who shall implement a
national or regional consolidation policy, pursuant to this section,
shall not terminate its relationship with an affected wholesaler until
compensation as provided for in this subdivision has been paid. Such
brewer shall pay the affected beer wholesaler the fair market value of
the distribution rights which will be lost or diminished by reason of
the implementation of such policy, together with fair and reasonable
compensation for other damages sustained.
(b) Every brewer who without good cause amends, cancels, terminates,
materially modifies or fails to renew any agreement, or who in violation
of this section causes a beer wholesaler to resign from an agreement or
denies or withholds consent to any assignment, transfer or sale of a
beer wholesaler's business assets or capital stock or other equity or
debt securities, shall pay the affected beer wholesaler the fair market
value of the beer wholesaler's business, including distribution rights,
which have been lost or diminished as the result of the brewer's
actions.
(c) In the event that the brewer and the beer wholesaler are unable to
agree on the compensation to be paid for the value of the beer
wholesaler's business and assets, the matter may with the consent of
both the brewer and the beer wholesaler, be submitted to a neutral
arbitrator to be selected by the parties; if they cannot agree on such
an arbitrator, the same shall be selected by a judge of a court of
competent jurisdiction. No brewer or beer wholesaler may impose binding
arbitration of any issue as a term or condition of an agreement.
Arbitration costs shall be equally divided by the beer wholesaler and
the brewer. The award of the arbitrator shall be confirmed by a court of
competent jurisdiction in this state, the judgment of which shall be
binding.
8. Sale and transfer of beer wholesaler's business. No brewer shall
unreasonably withhold or delay its approval of any assignment, sale or
transfer of all or any portion of beer wholesaler's corporate equity or
debt or assets, including the beer wholesaler's rights and obligations
under the terms of an agreement, whenever the person or persons to be
substituted meet objectively reasonable standards imposed by the brewer.
A wholesaler who sells, assigns or transfers an agreement made pursuant
to this section shall provide written notice of such sale, assignment or
transfer to all other brewers with whom it has entered agreements.
9. (a) A brewer qualified to do business in the state of New York may
hold an interest in a limited partnership licensed by the authority as a
wholesaler, when the brewer or its affiliate is a limited partner and
the beer wholesaler is the general partner. Notwithstanding any other
provision of law, such brewer may loan money to a general partner of an
aforementioned limited partnership. Provided, however, any brewer or its
affiliate who holds an interest in a limited partnership licensed by the
authority as a wholesaler or who loans money to a general partner of
such limited partnership may only exercise such control of the business
as permitted by section 121-303 of the partnership law.
(b) Notwithstanding subdivision (a) of this subdivision, no brewer or
its affiliate may acquire or hold an interest in or loan money to a
general partner of a multiple brands wholesaler unless and until all
other brewers having agreements with said multiple brands wholesaler
have been afforded sixty days prior written notice of the particular
terms and conditions of the limited partnership or loan agreement or of
any change therein. A "loan" for purposes of this subdivision shall not
include bona fide credit terms for product purchases customarily
extended by a brewer to wholesalers in the normal course of business.
(c) For one hundred twenty days after the formation, licensing and
commencement of operations as a beer wholesaler of a limited partnership
or the making of a loan, and upon at least fifteen days prior
notification as required by subdivision five of this section, a brewer
may terminate an agreement with a multiple brands wholesaler in the
event: (i) a competing brewer or its affiliate becomes a limited partner
with or loans money to a general partner of a multiple brands
wholesaler, (ii) by reason of said loan, the performance of a loan
agreement, or the terms or conduct of the limited partnership, there is
a reasonable likelihood that competition between brands of the competing
brewers has been or may be significantly reduced in a relevant
geographic area or market, and (iii) in lieu of other rights and
remedies it might have under this chapter to terminate for good cause,
the terminating brewer pays compensation to the multiple brands
wholesaler.
10. Coverage. (a) This section shall not apply to written agreements
that were in effect prior to the effective date of this section which
set forth all terms and conditions of material significance governing
the relationship between the brewer and beer wholesaler, including but
not limited to the grounds and procedures which govern: (i) termination
of the relationship; (ii) approval and disapproval of managers; (iii)
change in ownership; and (iv) whether or not the wholesaler is entitled
to compensation in the event the wholesaler is terminated for deficient
performance under such agreement or without good cause. Provided,
however, that this section shall apply to any agreement entered into,
and renewals, extensions, amendments or conduct constituting a material
modification of an agreement on or after the effective date of this
section.
(b) Where an agreement between a brewer and beer wholesaler in effect
prior to the effective date of this section is continuous in nature or
has no specific duration or has no renewal provision and fails to set
forth all terms and conditions of material significance governing the
relationship between the brewer and beer wholesaler, including but not
limited to the grounds and procedures which govern: (i) termination of
the relationship; (ii) approval and disapproval of managers; (iii)
change in ownership; and (iv) whether or not the wholesaler is entitled
to compensation in the event the wholesaler is terminated for deficient
performance under such agreement or without good cause; such agreement
shall be considered for purposes of this section to have been renewed
sixty days after the effective date of this section.
11. The requirements of this section may not be altered, waived or
modified by written or oral agreement in advance of a bona fide case and
controversy arising under a written agreement complying with this
section.
License fees. 1. The annual fee for a license to manufacture
beer shall be:
(a) four thousand dollars for a brewer's license, unless the annual
production of the brewer is less than seventy-five thousand barrels per
year, in which case the annual fee shall be three hundred twenty
dollars;
(b) three hundred twenty dollars for a farm brewery license.
2. The annual fee for a wholesaler's beer license shall be eight
hundred dollars.
3. The annual fee for a vendor's license shall be one hundred
forty-four dollars.
4. The annual fee for a license to sell beer at retail not to be
consumed on the premises where sold shall be one hundred ten dollars.
Where, however, the applicant is the holder of two such licenses, the
annual fee for each additional license thereafter issued to such
licensee shall be double the amount hereinabove set forth.
5. The annual fee for a license to sell beer at retail to be consumed
on the premises where sold shall be three hundred twenty dollars in
cities having a population of one hundred thousand or over, and one
hundred sixty dollars elsewhere; provided, however, that where the
premises to be licensed remain open only within the period commencing
April first and ending October thirty-first of any one year or only
within the period commencing October first and ending the following
April thirtieth, the liquor authority, in its discretion, may grant a
summer or winter license effective only for such appropriate period of
time, for which an annual fee of one hundred sixty dollars shall be paid
where the premises are located in cities having a population of one
hundred thousand or over, and eighty dollars where such premises are
located elsewhere.
6. The annual fee for selling beer upon any railroad car to be
consumed on such car or any car connected therewith shall be ninety-six
dollars for each railroad car licensed.
7. The annual fee for selling beer upon any vessel in this state,
other than one regularly and exclusively engaged in the business of
carrying passengers for hire, by charter or otherwise, for fishing
purposes, to be consumed on such vessel, shall be one hundred sixty
dollars for each vessel licensed. The annual fee for selling beer upon a
vessel regularly and exclusively engaged in the business of carrying
passengers for hire, by charter or otherwise, for fishing purposes, to
be consumed on such vessel, shall be forty dollars for each vessel
licensed. The annual fee for selling beer for off-premise consumption
upon a vessel regularly and exclusively engaged, as a duly licensed
supply ship, in furnishing supplies to other vessels, shall be eighty
dollars.
8. The annual fee for selling beer at any baseball park, race track or
outdoor athletic field or stadium, to be consumed in any such baseball
park, race track, or outdoor athletic field or stadium, shall be one
hundred ninety-two dollars.
9. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold shall be one
hundred ninety-eight dollars.
10. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold, when the applicant
is the holder of two such licenses, the annual fee for each additional
license thereafter issued to such licensee shall be three hundred
fifty-two dollars.
11. The annual fee for a license to operate a custom beermakers'
center shall be three hundred twenty dollars.
Filing fees and refunds. 1. In addition to the annual fees
provided for in this chapter, there shall be paid to the authority with
each initial application for a license filed pursuant to section thirty,
thirty-one, fifty-one, fifty-one-a, fifty-two, fifty-three, fifty-eight,
fifty-eight-c, fifty-eight-d, sixty-one, sixty-two, seventy-six,
seventy-seven or seventy-eight of this chapter, a filing fee of four
hundred dollars; with each initial application for a license filed
pursuant to section sixty-three, sixty-four, sixty-four-a or
sixty-four-b of this chapter, a filing fee of two hundred dollars; with
each initial application for a license filed pursuant to section
fifty-three-a, fifty-four, fifty-five, fifty-five-a, seventy-nine,
eighty-one or eighty-one-a of this chapter, a filing fee of one hundred
dollars; with each initial application for a permit filed pursuant to
section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
ninety-three, ninety-three-a, if such permit is to be issued on a
calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
of section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to
subdivision four of section one hundred of this chapter, a filing fee of
twenty dollars; and with each application for a permit under section
ninety-three-a of this chapter, other than a permit to be issued on a
calendar year basis, section ninety-seven, ninety-eight, ninety-nine, or
ninety-nine-b of this chapter, other than a permit to be issued pursuant
to paragraph b, c, e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
2. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each renewal application for a
license filed pursuant to section thirty, thirty-one, fifty-one,
fifty-one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,
fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or
seventy-eight of this chapter, a filing fee of one hundred dollars; with
each renewal application for a license filed pursuant to section
sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a
filing fee of ninety dollars; with each renewal application for a
license filed pursuant to section seventy-nine, eighty-one or
eighty-one-a of this chapter, a filing fee of twenty-five dollars; and
with each renewal application for a license or permit filed pursuant to
section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is issued on a calendar year basis, ninety-four,
ninety-five, ninety-six or ninety-six-a of this chapter or pursuant to
paragraph b, c, e or j of subdivision one of section ninety-nine-b, if
such permit is issued on a calendar year basis, or with each renewal
application for an additional bar pursuant to subdivision four of
section one hundred of this chapter, a filing fee of thirty dollars.
3. If the authority shall deny an application filed pursuant to this
chapter it shall return the annual fee to the applicant and retain the
filing fee.
License fees; when due and payable; fee for part of year. 1.
(a) Except as otherwise provided pursuant to section fifty-seven-a, each
license issued pursuant to this article other than the one specified in
paragraph (b) of this subdivision shall be effective for a license year
expiring on the thirtieth day of June following the date of its issuance
and the license fee prescribed therefor shall be the license fee due and
payable therefor and shall be paid in advance at the time of the
application as provided for in this article.
(b) Each license issued pursuant to section fifty-five-a of this
article shall be effective for a license year expiring on the
thirty-first day of March following the date of its issuance and the
license fee prescribed therefor shall be the license fee due and payable
therefor and shall be paid in advance of the time of the application as
provided for in this article.
2. When application for any license under this article is made after
the commencement of the license year hereinbefore provided the license
fee therefor shall, for the balance of the license year, be in
proportion as the remainder of such year shall bear to the whole year,
except that it shall in no case be for less than one-half of such year.
Change in duration of licenses. The liquor authority is
authorized to change the periods during which the licenses authorized by
sections fifty-one, fifty-one-a, fifty-three, fifty-three-a, fifty-four,
fifty-four-a, fifty-five and fifty-five-a of this article shall be
effective and to establish the commencement dates, duration and
expiration dates thereof, provided that no such license shall be
effective for a period in excess of three years. When any change or
changes are made in the duration of any such license, the license fee
shall be equal to the annual license fee specified in this article
multiplied by the number of years for which such license is issued. The
liquor authority may make such rules as shall be appropriate to carry
out the purpose of this section.
ARTICLE 4-A Special Provisions Relating to Cider
Cider producers' or wholesalers' license. 1. Any person may
apply to the liquor authority for a cider producers' or wholesalers'
license as provided for in this subdivision. Such application shall be
in writing and shall contain such information as the liquor authority
shall require. Such application shall be accompanied by a check or draft
for the amount required by this subdivision for such license. If the
liquor authority shall grant the application it shall issue a license in
such form as shall be determined by its rules. A license issued under
this subdivision shall authorize the licensee to manufacture cider
within the licensed premises in this state for sale in bottles, barrels
or casks to beer, wine and liquor retail licensee and/or to sell cider
at wholesale from the licensed premises to such licensees and to holders
of licenses under this section in bottles, barrels or casks and to sell
and deliver cider to persons outside the state pursuant to the laws of
the place of such sale or delivery. The annual fee for such a license
shall be one hundred twenty-five dollars; provided, however, that the
annual fee for a farm cidery license shall be seventy-five dollars. The
provisions contained in section sixty-seven of this chapter shall apply
to all licenses issued pursuant to this article.
2. (a) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders in
establishments licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for off-premises consumption. Such cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider sample tasted. The liquor authority shall
promulgate rules and regulations relating to the conduct of such
tastings.
(b) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders and apply
to the liquor authority for a permit to sell cider produced by such
cider producer or wholesaler, by the bottle, during such tastings in
establishments licensed pursuant to section sixty-four of this chapter
to sell alcoholic beverages for consumption on the premises. Such cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider sample tasted. The liquor authority shall
promulgate rules and regulations relating to the conduct of tastings.
(c) Cider tastings shall be conducted subject to the following
limitations:
(i) cider tastings shall be conducted by an official agent,
representative or solicitor of one or more cider producers or
wholesalers. Such agent, representative or solicitor shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
cider tasting as authorized pursuant to this subdivision and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the cider producer or
wholesaler licensee.
3. Notwithstanding any provision of this chapter to the contrary, a
licensed cider wholesaler may apply to the liquor authority for a permit
to sell New York state labelled cider by the bottle and conduct cider
tastings at the state fair, at recognized county fairs and at farmers
markets operated on a not-for-profit basis. As a condition of such
permit, an agent, representative or solicitor from the cider wholesaler
shall be present at the time of sale or tastings.
3-a. A licensed cider producer producing New York state labelled cider
may:
(a) sell such cider to licensed farm distillers, farm wineries, farm
cideries and farm breweries. All such cider sold by the licensee shall
be securely sealed and have attached thereto a label as shall be
required by section one hundred seven-a of this chapter;
(b) conduct tastings at the licensed premises of such cider or any
other New York state labeled cider;
(c) sell such cider at retail for consumption off the premises at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(d) sell and conduct tastings of such cider at retail for consumption
on the premises of a restaurant, conference center, inn, bed and
breakfast or hotel business owned and operated by the licensee in or
adjacent to its farm cidery. A licensee who operates a restaurant,
conference center, inn, bed and breakfast or hotel pursuant to such
authority shall comply with all applicable provisions of this chapter
which relate to licenses to sell cider at retail for consumption on the
premises;
(e) apply for a permit to conduct tastings away from the licensed
premises of such cider. Such permit shall be valid throughout the state
and may be issued on an annual basis or for individual events. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary. Tastings shall be conducted subject to the following
conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the
tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such
cider, for consumption off the premises, during such tastings in
premises licensed under sections sixty-four, sixty-four-a, eighty-one
and eighty-one-a of this chapter. Each such permit and the exercise of
the privilege granted thereby shall be subject to such rules and
conditions of the authority as it deems necessary.
4. Notwithstanding any provision of this chapter to the contrary, any
one or more cider producer or wholesaler licensee, singly or jointly,
may apply to the liquor authority for a license or licenses to sell
cider at retail for consumption off the premises. The duration of such
license shall be coextensive with the duration of such licensee's cider
producer or wholesaler license, and the fee therefor shall be six
hundred forty dollars if such retail premises is located in cities
having a population of one million or more; in cities having less than
one million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred sixty dollars.
Such license shall entitle the holder thereof to sell at retail for
consumption off the premises any New York state labelled cider. Such
license shall also entitle the holder thereof to conduct cider tastings
on such licensed premises and charge for such tastings. Not more than
five such licenses shall be issued to any licensed cider producer or
wholesaler. All other provisions of this chapter relative to licenses to
sell cider at retail for consumption off the premises shall apply so far
as applicable to such application. The liquor authority is hereby
authorized to adopt such rules as it may deem necessary to carry out the
purpose of this subdivision, provided that all licenses issued pursuant
to this subdivision shall be subject to the same rules and regulations
as are applicable to the sale of cider at retail for consumption off the
premises of the cider producer or wholesaler licensee.
5. A cider producer shall manufacture at least fifty gallons of cider
annually.
Sale of cider by wholesale beer licensees. A wholesale beer
licensee, as defined under this chapter shall, upon the payment of an
additional annual license fee of one hundred twenty-five dollars, be
permitted to sell cider as defined under this chapter at wholesale from
duly licensed premises, to duly licensed beer, wine and liquor retailers
and to other holders of licenses under this chapter, in bottles, barrels
or casks, and to sell and deliver cider to persons outside the state
pursuant to the laws of the place of such delivery. The provisions of
section fifty-seven shall apply to licenses issued hereunder to sell
cider at wholesale pursuant to the provisions of this section.
Retail sale of cider by wholesale licensees. 1.
Notwithstanding any other law upon payment to the liquor authority of an
additional annual fee of one hundred twenty-five dollars, the liquor
authority may in its discretion and upon such terms and conditions as it
may prescribe, issue to a licensed cider producer upon application
therefor a certificate authorizing such producer to sell cider at retail
in sealed containers to a householder for consumption in his home, but
no sale to such householder shall be in quantities aggregating more than
fifteen gallons. Revenues received by any such licensed cider producer
from the sale of cider at retail to householders under such a
certificate during the term thereof shall not exceed five per centum of
all the revenues derived by such licensee from the sale of apples and
cider during such term.
2. No retail licensee of cider authorized by this section shall keep
or permit to be kept upon the licensed premises, any cider in any
unsealed bottle or other unsealed container, except for the purpose of
cider tasting or sampling by any person pursuant to authorization to
conduct such a sampling or tasting pursuant to subdivision two of
section fifty-eight of this article, except to those persons to whom
sales are prohibited in section sixty-five of this chapter.
Farm cidery license. 1. Any person may apply to the authority
for a farm cidery license as provided for in this section to produce
cider within this state for sale. Such application shall be in writing
and verified and shall contain such information as the authority shall
require. Such application shall be accompanied by a check or draft for
the amount required by this article for such license. If the authority
grants the application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to produce cider in the
premises therein specifically licensed.
2. A farm cidery license shall authorize the holder thereof to operate
a cidery for the manufacture of New York state labelled cider. Such a
license shall also authorize the licensee to:
(a) sell in bulk cider manufactured by the licensee to any person
licensed to manufacture alcoholic beverages in this state or to a
permittee engaged in the manufacture of products which are unfit for
beverage use;
(b) sell or deliver cider manufactured by the licensee to persons
outside the state pursuant to the laws of the place of such delivery;
(c) sell cider manufactured by the licensee to wholesalers and
retailers licensed in this state to sell such cider, licensed farm
distillers, licensed farm wineries, licensed wineries, licensed farm
breweries and any other licensed farm cidery. All such cider sold by the
licensee shall be securely sealed and have attached thereto a label as
shall be required by section one hundred seven-a of this chapter;
(f) (i) at the licensed premises, conduct tastings of, and sell at
retail for consumption on or off the licensed premises, any cider
manufactured by the licensee or any New York state labeled cider.
Provided, however, for tastings and sales for on-premises consumption,
the licensee shall regularly keep food available for sale or service to
its retail customers for consumption on the premises. A licensee
providing the following shall be deemed in compliance with this
provision: (A) sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or (B) food items intended to
complement the tasting of alcoholic beverages, which shall mean a
diversified selection of food that is ordinarily consumed without the
use of tableware and can be conveniently consumed while standing or
walking, including but not limited to: cheeses, fruits, vegetables,
chocolates, breads, mustards and crackers. All of the provisions of this
chapter relative to licensees selling cider at retail shall apply; and
(ii) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, cider
manufactured by the licensee and any New York state labeled cider. All
of the provisions of this chapter relative to licensees to selling cider
at retail shall apply. Notwithstanding any other provision of law, the
licensed farm cidery may apply to the authority for a license under this
chapter to sell other alcoholic beverages at retail for consumption on
the premises at such establishment;
(g) sell cider manufactured by the licensee or any other licensed farm
cidery at retail for consumption off the premises, at the state fair, at
recognized county fairs and at farmers markets operated on a
not-for-profit basis;
(h) conduct tastings of and sell at retail for consumption on or off
the premises New York state labeled beer manufactured by a licensed
brewery or licensed farm brewery;
(i) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery;
(j) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no
consumer may be provided, directly or indirectly: (i) with more than
three samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
(j-1) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled mead manufactured by a person
licensed to produce mead under this chapter;
(j-2) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled braggot manufactured by a person
licensed to produce braggot under this chapter; and
(k) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm cidery licensee.
3. (a) A farm cidery licensee may apply for a permit to conduct
tastings away from the licensed premises of cider produced by the
licensee. Such permit shall be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject to such
rules and conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm cideries. Such agent, representative or
solicitor shall be physically present at all times during the conduct of
the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm cidery.
4. A licensed farm cidery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell cider produced by such farm cidery, by the bottle, during
such tastings in premises licensed under sections sixty-four,
sixty-four-a, eighty-one and eighty-one-a of this chapter. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary.
5. A licensed farm cidery may, under such rules as may be adopted by
the authority, sell cider manufactured by the licensee or any other
licensed farm cidery at retail in bulk by the keg, cask or barrel for
consumption and not for resale at a clam-bake, barbeque, picnic, outing
or other similar outdoor gathering at which more than fifty persons are
assembled.
6. A licensed farm cidery may apply to the authority for a license to
sell beer, liquor and/or wine at retail for consumption on the premises
in a restaurant owned by him and conducted and operated by the licensee
in or adjacent to its farm cidery. All of the provisions of this chapter
relative to licenses to sell beer, liquor or wine at retail or
consumption on the premises shall apply so far as applicable.
7. A farm cidery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as
mustards, sauces, jams, jellies, mulling spices and other cider related
foods in addition to other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to store and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of cider. These gift items shall be limited to the following
categories:
(a) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(b) food items for the purpose of complementing cider tastings, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads, baked goods,
mustards and crackers;
(c) food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing cider related products;
(d) cider supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of cider or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing cider;
(e) cider-making equipment and supplies including, but not limited to,
apples, apple juice, other pome fruits, other pome fruit juices, home
cider-making kits, presses, pumps, filters, yeasts, chemicals and other
cider additives, bottling equipment, bottles, cider storage and
fermenting vessels, barrels, and books or other written material to
assist cider-makers and home cider-makers to produce and bottle cider;
(f) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary, any
farm cidery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm cidery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm cidery may be conducted at
the branch offices. Such branch offices shall not be located within,
share a common entrance and exit with, or have any interior access to
any other business, including premises licensed to sell alcoholic
beverages at retail. Prior to commencing operation of any such branch
office, the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation of
same.
10. (a) No farm cidery shall manufacture in excess of two hundred
fifty thousand gallons of cider annually.
(b) A licensed farm cidery shall produce at least fifty gallons of
cider annually.
11. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm cidery shall manufacture or sell any cider other than New
York state labelled cider.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed at least thirty percent of the apple
crop necessary for producing cider, such commissioner, in consultation
with the chairman of the authority, may give authorization to a duly
licensed farm cidery to manufacture or sell cider produced from such
apples designated as necessary for producing cider and grown outside
this state. No such authorization shall be granted to a farm cidery
licensee unless such licensee certifies to such commissioner the
quantity of such New York grown apples designated as necessary for
producing cider unavailable to such licensee due to such natural
disaster, act of God, or continuing adverse weather condition and
satisfies such commissioner that reasonable efforts were made to obtain
such apples from a New York state source for such cider making purpose.
No farm cidery shall utilize an amount of out-of-state grown apples
exceeding the amount of New York grown apples that such cidery is unable
to obtain due to the destruction of New York grown apples by a natural
disaster, act of God, or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the authority are authorized to adopt rules
and regulations as they may deem necessary to carry out the provisions
of this subdivision which shall include ensuring that in manufacturing
cider farm cideries utilize apples grown in New York state to the extent
they are reasonably available, prior to utilizing apples from an
out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm cideries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm cideries and to the public the loss
determination issued pursuant to this paragraph prior to October tenth
of each year.
12. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried out by any person licensed
under this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, and other by-products;
(b) recover carbon dioxide and yeast;
(c) store bottles, packages and supplies necessary or incidental to
all such operations;
(d) package, bottle, sell and deliver wine products;
(e) allow for the premises including space and equipment to be rented
by a licensed tenant cider producer for the purposes of alternation.
13. Notwithstanding any other provision of this chapter, the authority
may issue a farm cidery license to the holder of a farm brewery, farm
winery or farm distiller's license for use at such licensee's existing
licensed premises. The holder of a farm brewery, farm winery or farm
distiller's license that simultaneously holds a farm cidery license on
an adjacent premises may share and use the same tasting room facilities
to conduct any tastings that such licensee is otherwise authorized to
conduct.
14. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of cider production and of tourism in New York,
thereby promoting the conservation, production and enhancement of New
York state agricultural lands.
15. Notwithstanding any provision of law to the contrary, another
business or other businesses may operate on the licensed premises
subject to such rules and regulations as the liquor authority may
prescribe. Such rules and regulations shall determine which businesses
will be compatible with the policy and purposes of this chapter and
shall consider the effect of particular businesses on the community and
area in the vicinity of the farm cidery premises, provided however that
a retailer business licensed under this chapter shall not be permitted
to operate at a licensed manufacturing premises.
Custom cidermakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom cidermakers' center license as provided for in this section to
operate a custom cidermakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of cider by such individuals for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of such a license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture cider for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, "fruit" shall mean fresh, whole
apples or other pome fruits that are grown or produced in the state of
New York.
3. A custom cidermakers' center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase fruit to
manufacture cider for personal household use provided that the
manufacture and production of cider for personal household consumption
and use is done in accordance with state and federal laws and
regulations. Such a license shall also authorize the licensee, provided
such activities are permitted by the federal Alcohol and Tobacco Tax and
Trade Bureau for the manufacture of tax exempt cider for personal
household use, to:
(a) conduct training classes on how to manufacture cider; and
(b) conduct cider tastings for those individuals taking such classes
and/or using such facility for the production of cider at the licensed
facility provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to such center.
4. The custom cidermakers' center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility's hours of
operations.
6. The annual aggregate production of cider at any such center for all
individuals making cider at such premises, pursuant to a custom
cidermakers' center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by cider produced at such facility under a cidery license
or farm cidery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom cidermakers' center license to the holder of a farm
cidery or cidery license or farm winery or winery license for use at
such licensee's existing licensed premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individuals that have used such facility and
the annual amount of cider produced by each individual at the facility
pursuant to the rules of the authority.
10. The annual fee for a license to operate a custom cidermakers'
center shall be three hundred twenty dollars.
Authorization for sale of cider by retail licensees. Each
retail licensee under this chapter shall have the right, by virtue of
his license and without being required to pay any additional fee for the
privilege, to sell at retail for consumption on or off the premises, as
the case may be, cider purchased from a person licensed to produce or
sell cider at wholesale under this chapter.
Cider tasting. Any person holding a retail license under this
chapter shall be permitted to conduct consumer tastings of cider upon
such person's licensed premises. All such tastings shall be subject to
the following limitations:
(a) Tastings of cider shall be conducted by the licensee or an
authorized agent of the licensee. Provided, however, a licensed beer or
cider wholesaler shall not serve as the authorized agent for another
entity, nor shall a licensed beer or cider wholesaler be involved in any
manner with a cider tasting conducted by another entity.
(b) No more than three samples of cider may be provided to a person in
one calendar day.
(c) No sample may exceed three fluid ounces.
(d) No tasting shall be held during the hours prohibited by the
provisions of section one hundred five of this chapter.
(e) Any liability stemming from a right of action resulting from a
tasting authorized by this section and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law shall
accrue to the licensee.
(f) No person under the age of twenty-one shall be permitted to serve
a sample or handle an open container of cider.
Direct interstate cider shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture cider in any other
state who obtains an out-of-state direct shipper's license, as provided
in this section, may ship no more than thirty-six cases (no more than
nine liters each case) of cider produced by such license holder per year
directly to a resident of New York who is at least twenty-one years of
age, for such resident's personal use and not for resale, provided the
state in which such person is so licensed affords lawful means for
shipments of cider to be received by a resident thereof who is at least
twenty-one years of age, for such resident's personal use and not for
resale, from a person licensed in this state as a manufacturer and,
provided further, that the state in which such out-of-state cider
producer is located affords to New York state licensed manufacturers
with the privilege of producing cider reciprocal cider shipping
privileges, meaning shipping privileges that are substantially similar
to the requirements in this section. No person shall place an order for
shipment of cider unless they are twenty-one years of age or older. Any
common carrier with a permit issued pursuant to this chapter to whom
such out-of-state shipper's license is presented is authorized to make
delivery of shipments provided for hereunder in this state in compliance
with this section.
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture cider in the applicant's state of
domicile along with a copy of the applicant's federal basic permit after
payment of an annual fee of one hundred twenty-five dollars.
Notwithstanding the provisions of section one hundred ten of this
chapter, the authority in its discretion, may excuse an out-of-state
cider producer from the submission of such information.
3. Licensee's responsibilities. The holder of an out-of-state direct
shipper's license:
(a) shall ship no more than thirty-six cases (no more than nine liters
each case) per year of cider produced by such license holder directly to
a New York state resident who is at least twenty-one years of age, for
such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections thirty-five, sixty-eight, and seventy-nine-c of
this chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship cider directly to a New York resident is conspicuously labeled with
the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR
OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language
specifically approved by the New York state liquor authority;
(d) shall maintain records in such manner and form as the authority
may direct, showing the total amount of cider shipped into the state
each calendar year; the names and addresses of the purchasers to whom
the cider was shipped, the date purchased, the name of the common
carrier used to deliver the cider, and the quantity and value of each
shipment;
(e) shall in connection with the acceptance of an order for a delivery
of cider to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the cider being purchased will not be resold or introduced
into commerce;
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph;
(g) shall file returns with and pay to the New York state department
of taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(h) shall keep all records required by this section for three years
and provide copies of such records, upon written request, to the
authority or the department of taxation and finance;
(i) shall permit the authority or the department of taxation and
finance to perform an audit of such out-of-state shipper upon request;
(j) shall execute a written consent to the jurisdiction of this state,
its agencies and instrumentalities and the courts of this state
concerning enforcement of this section and any related laws, rules, or
regulations, including tax laws, rules or regulations; and
(k) shall prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
4. Situs. Delivery of a shipment in this state by the holder of an
out-of-state direct shipper's license shall be deemed to constitute a
sale in this state at the place of delivery and shall be subject to all
excise taxes levied pursuant to section four hundred twenty-four of the
tax law and all sales taxes levied pursuant to articles twenty-eight and
twenty-nine of such law.
5. Renewal. The out-of-state shipper may annually renew its license
with the authority by paying a one hundred twenty-five dollar renewal
fee, providing the authority with a true copy of its current license in
such other state as an alcoholic beverage manufacturer and by complying
with such other procedures as are prescribed by rule of the authority.
6. Rules and regulations. The authority and the department of taxation
and finance may promulgate rules and regulations to effectuate the
purposes of this section.
7. Enforcement. The authority may enforce the requirements of this
section including the requirements imposed on the common carrier, by
administrative proceedings to suspend or revoke an out-of-state
shipper's license and the authority may accept payment of an
administrative fine in lieu of suspension, such payments to be
determined by rules or regulations promulgated by the authority. In
addition, the authority or the attorney general of the state of New York
shall report violations of this section, where appropriate, to the
United States department of treasury, tax and trade bureau, for
administrative action to suspend or revoke the federal basic permit.
8. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
Direct intrastate cider shipments. Any person having applied
for and received a manufacturing license under this chapter which
includes the privilege of producing cider may ship no more than
thirty-six cases (no more than nine liters per case) of cider produced
by such manufacturer per year directly to a New York state resident who
is at least twenty-one years of age, for such resident's personal use
and not for resale.
1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee:
(a) shall ship no more than thirty-six cases (no more than nine
liters) per year of cider produced by such license holder directly to a
New York state resident who is at least twenty-one years of age, for
such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections thirty-six, sixty-nine, and seventy-nine-d of this
chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship cider directly to a New York state resident is conspicuously
labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF
PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
other language specifically approved by the New York state liquor
authority;
(d) shall maintain records in such manner and form as the authority
may direct showing the total amount of cider shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
cider was shipped, the date purchased, the name of the common carrier
used to deliver the cider, and the quantity and value of each shipment.
Such records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;
(e) shall in connection with the acceptance of an order for a delivery
of cider to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the cider being purchased will not be resold or introduced
into commerce; and
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.
2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
ARTICLE 5 Special Provisions Relating to Liquor
Kinds of licenses. The following kinds of licenses may be issued
for the manufacture and sale of liquor, alcohol and spirits, to wit:
1. Distiller's license, class A.
1-a. Distiller's license, class A-1.
2. Distiller's license, class B.
2-a. Distiller's license, class C.
2-b. Distiller's license, class B-1.
2-c. Distiller's license, class D.
3. Wholesaler's license.
4. Seven day license to sell liquor at retail for consumption off the
premises subject to paragraph (a) of subdivision fourteen of section one
hundred five of this chapter.
5. License to sell liquor at retail for consumption on the premises.
6. Special license to sell liquor at retail for consumption on the
premises
Distiller's licenses. 1. A class A distiller's license shall
authorize the holder thereof to operate a distillery for the manufacture
of liquors by distillation or redistillation at the premises
specifically designated in the license. Such a license shall also
authorize the sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding a
distiller's class A license, a distiller's class B license or a
permittee engaged in the manufacture of products which are unfit for
beverage use. It shall also authorize the sale from the licensed
premises and from one other location in the state of New York of any
liquor whether or not manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed containers of not more
than one quart each. Such license shall also authorize the sale of New
York state labelled liquor to licensed farm wineries, farm cideries,
farm distilleries and farm breweries in sealed containers of not more
than one quart each. Such license shall also include the privilege to
operate a rectifying plant under the same terms and conditions as the
holder of a class B distiller's license without the payment of any
additional fee.
1-a. A class A-1 distiller's license shall authorize the holder
thereof to operate a distillery which has a production capacity of no
more than seventy-five thousand gallons per year for the manufacture of
liquors by distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of the products
manufactured under such license to any person holding a winery license,
farm winery license, distiller's class A license, a distiller's class B
license or a permittee engaged in the manufacture of products which are
unfit for beverage use. It shall also authorize the sale from the
licensed premises and from one other location in the state of New York
of liquors manufactured by such licensee to a wholesale or retail liquor
licensee or permittee in sealed containers of not more than one quart
each. In addition, it shall authorize such licensee to sell from the
licensed premises New York state labelled liquors to licensed farm
wineries, farm breweries, farm distilleries and farm cideries in sealed
containers of not more than one quart for retail sale for off-premises
consumption. Such license shall also include the privilege to operate a
rectifying plant under the same terms and conditions as the holder of a
class B-1 distiller's license without the payment of any additional fee.
2. A class B distiller's license shall authorize the holder thereof to
operate a rectifying plant for the manufacture of the products of
rectification by purifying or combining alcohol, spirits, wine or beer
and the manufacture of gin and cordials by the redistillation of alcohol
or spirits over or with any materials. Such a license shall also
authorize the holder thereof to blend, reduce proof and bottle on his
licensed premises or in a United States customs bonded warehouse for
which a warehouse permit has been issued under this chapter for
wholesale liquor licensees or for persons authorized to sell liquor at
wholesale pursuant to the laws and regulation of any other state,
territorial possession of the United States or foreign country liquor
received in bulk by such wholesalers from other states, territorial
possessions of the United States or a foreign country, and to rebottle
or recondition for wholesale liquor or wine licensees or for persons
authorized to sell liquor or wine at wholesale pursuant to the laws and
regulations of any other state, territorial possession of the United
States or foreign country, liquor or wine manufactured outside the
state, which was purchased and received by such wholesalers in sealed
containers not exceeding one quart each of liquor or fifteen gallons
each of wine. Such a license shall also authorize the sale from the
licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each.
2-a. A class C distiller's license shall authorize the holder thereof
to operate a distillery for the manufacture only of fruit brandy and the
sale of such product by such licensee to a wholesale or retail licensee
in sealed containers of not more than one quart each. Such a license
shall also authorize the sale in bulk of fruit brandy to a winery
licensee, to a farm winery licensee, to the holder of a class B
distiller's license or to a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also authorize the
sale from the licensed premises and from one other location in the state
of any fruit brandy whether or not manufactured by such licensee to a
wholesale or retail liquor licensee or permittee in sealed containers of
not more than one quart each. In addition, it shall authorize such
licensee to sell from the licensed premises New York state labelled
liquors to a farm winery licensee in sealed containers of not more than
one quart for retail sale for off-premises consumption.
2-b. A class B-1 distiller's license shall authorize the holder
thereof to operate a rectifying plant which has a production capacity of
no more than seventy-five thousand gallons per year for the manufacture
of the products of rectification by purifying or combining alcohol,
spirits, wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such a
license shall also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this
chapter for wholesale liquor licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and regulation of any other
state, territorial possession of the United States or foreign country
liquor received in bulk by such wholesalers from other states,
territorial possessions of the United States or a foreign country, and
to rebottle or recondition for wholesale liquor or wine licensees or for
persons authorized to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession of the
United States or foreign country, liquor or wine manufactured outside
the state, which was purchased and received by such wholesalers in
sealed containers not exceeding one quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale from
the licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to sell from
the licensed premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
2-c. (a) A class D distiller's license, otherwise known as a farm
distillery license, shall authorize the holder of such a license to
operate a farm distillery at the premises specifically designated in the
license:
(i) To manufacture liquor primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law;
(ii) To put such liquor into containers of not more than one quart
each, which containers shall then be sealed and to sell such liquor at
wholesale, for resale, and to licensed farm wineries, farm cideries,
farm breweries and other farm distilleries, wholesale and retail
licensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
(iv) To sell in bulk, liquor manufactured by the licensee to a winery
or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C
distiller's license, or to the holder of a permit issued pursuant to
paragraph c of subdivision one of section ninety-nine-b of this chapter;
(v) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled beer manufactured by a licensed
brewer or licensed farm brewery;
(vi) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled cider manufactured by a
licensed brewer, licensed farm brewery, licensed farm winery, licensed
cider producer or licensed farm cidery;
(vii) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery;
(viii) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled mead manufactured by a person
licensed to produce mead under this chapter; and
(ix) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled braggot manufactured by a
person licensed to produce braggot under this chapter.
(b)(i) Retail sales by a licensed farm distillery may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him or her, of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises except as provided for in subparagraph (iv)
of this paragraph;
(ii) Such retail sales shall not be made where the order is placed by
letter, telephone, fax or e-mail, or where the customer otherwise does
not place the order while the customer is physically present upon the
premises of the licensed premises except as provided for in subparagraph
(iv) of this paragraph;
(iii) Such retail sales shall not be made where the contemplated sale
requires the licensee to transport or ship by common carrier, sealed
containers of liquor to a customer;
(iv) A licensed farm distillery may apply to the liquor authority for
a permit to sell liquor in a sealed container for off-premises
consumption at the state fair, at recognized county fairs and at
farmers' markets operated on a not-for-profit basis. As a condition of
the permit a representative from the distillery must be present at the
time of sale.
(c) A licensed farm distillery may conduct upon the licensed premises,
or at approved locations as permitted in subdivision six of this
section, consumer tastings of liquor manufactured by the licensee and
from no more than three other class A, A-1, B, B-1, C or D distilleries,
subject to the following limitations:
(i) Only liquor manufactured primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law, shall be used in the tastings;
(ii) An official agent, servant or employee of the licensee shall be
physically present at all times during the conduct of the consumer
tasting of liquor;
(iii) No consumer may be provided, directly or indirectly: (A) more
than three samples of liquor for tasting in one calendar day; or (B)
with a sample of liquor for tasting equal to more than one-quarter fluid
ounce;
(iv) Any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this paragraph and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the licensee.
(d) Notwithstanding any other provision of this chapter, the authority
may issue a farm distillery license to the holder of a class A, A-1, B,
B-1 or C distiller's license, a winery license or a farm winery license
for use at such licensee's existing licensed premises. For the purposes
of this chapter, the premises of the class A, A-1, B, B-1 or C
distillery, winery or farm winery shall be considered the premises of
the farm distillery. The holder of a farm distillery license that
simultaneously holds a winery, farm winery or any class of a distiller's
license on the same premises may share and use the same tasting room
facilities to conduct wine and liquor tastings that such licensee is
otherwise authorized to conduct.
(e) Notwithstanding any other provision of law to the contrary, the
holder of a farm distillery license may (i) sell at retail for
consumption on the licensed premises, any liquor manufactured by the
licensee or any New York state labeled liquor. Provided, however, the
licensee shall regularly keep food available for sale or service to its
retail customers for consumption on the premises. A licensee providing
the following shall be deemed in compliance with this provision:
sandwiches, soups or other such foods, whether fresh, processed,
pre-cooked or frozen; and/or food items intended to compliment the
tasting of alcoholic beverages, which shall mean a diversified selection
of food that is ordinarily consumed without the use of tableware and can
be conveniently consumed while standing or walking, including but not
limited to: cheese, fruits, vegetables, chocolates, breads, mustards and
crackers. All of the provisions of this chapter relative to licenses to
sell liquor at retail for consumption on the premises shall apply so far
as applicable to such licensee; and
(ii) operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the licensed premises
and sell at such place, at retail for consumption on the premises,
liquor manufactured by the licensee and any New York state labeled
liquor. All of the provisions of this chapter relative to licenses to
sell liquor at retail for consumption on the premises shall apply so far
as applicable to such licensee. Notwithstanding any other provision of
law, the licensee may apply to the authority for a license under this
chapter to sell other alcoholic beverages at retail for consumption on
the premises at such establishment.
(f) No holder of a farm distillery license shall manufacture in excess
of seventy-five thousand gallons of liquor annually. In the case of the
holder of a class A, A-1, B, B-1 or C distiller's license who operates a
farm distillery on the same premises, the liquor manufactured pursuant
to the farm distillery license shall not be considered with respect to
any limitation on the volume that may be manufactured by the class A,
A-1, B, B-1 or C distillery.
(g) The holder of a license issued under this subdivision may operate
up to one branch office located away from the licensed farm distillery.
Such location shall be considered part of the licensed premises and all
activities allowed at and limited to the farm distillery may be
conducted at the branch office. Such branch office shall not be located
within, share a common entrance and exit with, or have any interior
access to any other business, including premises licensed to sell
alcoholic beverages at retail. Prior to commencing operation of any such
branch office, the licensee shall notify the authority of the location
of such branch office and the authority may issue a permit for the
operation of same.
(h) A farm distillery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as nuts,
popcorn, mulling spices and other spirits related food in addition to
other such food and crafts on and from the licensed premises. Such
license shall authorize the holder thereof to store and sell gift items
in a tax-paid room upon the licensed premises incidental to the sale of
liquor. These gift items shall be limited to the following categories:
(i) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(ii) food items for the purpose of complementing liquor tastings,
which shall mean a diversified selection of food that is ordinarily
consumed without the use of tableware and can be conveniently consumed
while standing or walking. Such food items shall include but not be
limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
and crackers;
(iii) food items, which shall include locally produced farm products
and any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing liquor related products;
(iv) liquor supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of liquor or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing liquor;
(v) liquor-making equipment and supplies including, but not limited
to, filters, bottling equipment, and books or other written material to
assist spirits makers to produce and bottle liquor; and
(vi) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
(i) Notwithstanding any provision of law to the contrary, another
business or other businesses may operate on the licensed premises
subject to such rules and regulations as the liquor authority may
prescribe. Such rules and regulations shall determine which businesses
will be compatible with the policy and purposes of this chapter and
shall consider the effect of particular businesses on the community and
area in the vicinity of the farm distillery premises, provided however
that a retailer business licensed under this chapter shall not be
permitted to operate at a licensed manufacturing premises.
3. A distiller's license of any class shall not authorize more than
one of said activities, namely, that of a distillery, a rectifying plant
or a fruit brandy distillery, and a separate license shall be required
for each such activity, except as provided in subdivision one of this
section.
4. Any person may apply to the liquor authority for a distiller's
license as provided for in this section. Such application shall be in
writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by this article for such license.
If the liquor authority shall grant the application it shall issue a
license in such form as shall be determined by its rules.
5. No distiller shall be engaged in any other business on the licensed
premises. No distiller shall sell or agree to sell any liquor, alcohol
or spirits to any wholesaler or any retailer who is not duly licensed
under this article to sell liquor, alcohol or spirits at wholesale or
retail at the time of such agreement and sale or sell or agree to sell
any liquor, alcohol or spirits to persons outside the state except
pursuant to the laws of the place of such sale or delivery.
6. Any person having applied for and received a license as a farm
distillery under this section may conduct consumer tastings of liquor
pursuant to rules or regulations promulgated by the liquor authority,
and subject to the limitations set forth in paragraph c of subdivision
two-c of this section at the state fair, at recognized county fairs and
at farmers' markets operated on a not-for-profit basis.
7. Any person licensed under this section shall manufacture at least
fifty gallons of liquor per year.
8. Notwithstanding any other provision of law to the contrary, a farm
distillery licensed under subdivision two-c of this section may engage
in custom liquor production for a non-licensed individual under the
following conditions:
(a) the licensee may allow such non-licensed individual to assist in
the production of such custom liquors;
(b) the licensee shall only sell such custom liquor to such
non-licensed individual for that individual's personal or family use,
and not for resale;
(c) the brand label of such custom liquor shall clearly state that the
product is not for resale;
(d) such custom liquor shall not be offered for sale pursuant to
section ninety-nine-g of this chapter;
(e) any tastings conducted pursuant to this subdivision shall be
subject to the provisions of paragraph (c) of subdivision two-c of this
section;
(f) the licensee or an employee or agent of the licensee shall be
present at all times when the non-licensed individual is assisting in
the production of the custom liquor;
(g) the licensee shall be responsible for obtaining approval of the
liquor's brand label pursuant to section one hundred seven-a of this
chapter and the payment of all taxes due before the custom liquor is
delivered to the non-licensed individual;
(h) any custom liquor produced under this subdivision must be a New
York labelled liquor as defined in subdivision twenty-c of section three
of this chapter; and
(i) any custom liquor produced under this subdivision shall be counted
toward the maximum production limit set forth in paragraph (f) of
subdivision two-c of this section.
9. (a) The holder of a license issued under subdivision one, one-a,
two, two-a or two-b of this section may, at the licensed premises,
conduct tastings of, and sell at retail for consumption on or off the
licensed premises, any liquor manufactured by the licensee or any New
York state labeled liquor. Provided, however, that for tastings and
sales for on-premises consumption, the licensee shall regularly keep
food available for sale or service to its retail customers for
consumption on the premises. A licensee providing the following shall be
deemed in compliance with this subdivision: (i) sandwiches, soups or
other such foods, whether fresh, processed, pre-cooked or frozen; and/or
(ii) food items intended to complement the tasting of alcoholic
beverages, which shall mean a diversified selection of food that is
ordinarily consumed without the use of tableware and can be conveniently
consumed while standing or walking, including but not limited to:
cheeses, fruits, vegetables, chocolates, breads, mustards and crackers.
All of the provisions of this chapter relative to licenses to sell
liquor at retail for consumption on and off the premises shall apply so
far as applicable to such licensee.
(b)(i) Sales for off-premises consumption may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him or her, of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises.
(ii) Sales for off-premises consumption shall not be made where the
order is placed by letter, telephone, fax or e-mail, or where the
customer otherwise does not place the order while the customer is
physically present upon the premises of the licensed premises.
(iii) Sales for off-premises consumption shall not be made where the
contemplated sale requires the licensee to transport or ship by common
carrier, sealed containers of liquor to a customer.
Combined craft manufacturing license. 1. The authority may
issue a combined craft manufacturer's license to a person for the
purposes of articles four, four-a, five and six of this chapter,
combining the privileges of two or more farm or micro manufacturing
licenses for use at one premises.
2. The license fee for the combined license shall equal the sum of the
license fees for each of the licenses included in the combined license.
Provided, however, that only one filing fee shall be required for any
combined license.
3. The license certificate of the combined license shall set forth the
licenses that are included under the combined license.
4. A combined farm manufacturer's license may combine two or more of
the following licenses: farm meadery; farm brewery; micro-brewery; farm
cidery; farm winery; micro-distillery; micro-rectifier; and farm
distillery. Provided, however, that the licensed premises for a combined
farm manufacturer's license that includes a farm winery license must be
located on a farm.
Importer's license. An importer's license shall authorize the
holder thereof to import alcoholic beverages into this state and sell
such alcoholic beverages to licensed wholesalers authorized to sell such
alcoholic beverages.
Brand owner's license. Any person with a federal basic permit
may apply to the liquor authority for a brand owner's license. Such
license shall authorize the holder thereof to:
1. contract with a licensed manufacturer of alcoholic beverages in
this state for the purposes of manufacturing such products as provided
in section one hundred three of this chapter;
2. appoint a licensed wholesaler authorized to sell and deliver
alcoholic beverages in this state as exclusive brand agent for the
purposes of soliciting, negotiating, and receiving payments for the sale
of alcoholic beverages to retail licensees for on-premises or
off-premises consumption;
3. sell such alcoholic beverages to licensed wholesalers authorized to
sell and deliver alcoholic beverages in this state appointed as
exclusive brand agent and be remitted payments for such sales; and
4. the authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
Wholesaler's liquor license. Any person may apply to the liquor
authority for a license to sell liquor at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to sell liquors at wholesale in the premises
therein specifically licensed to duly licensed wholesalers, retailers
and permittees in this state, and to sell liquor in bulk to a licensed
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use, for use in the manufacture of products
produced and sold by such rectifier or permittee, and to sell or deliver
liquor to persons outside the state pursuant to the laws of the place of
such sale or delivery. Such a license shall also include the privilege
to sell wine at wholesale under the same terms and conditions without
the payment of any additional fee.
Seven day license to sell liquor at retail for consumption off
the premises. 1. Any person may make an application to the appropriate
board for a seven day license to sell liquor at retail not to be
consumed upon the premises where sold. Such application shall be in such
form and shall contain such information as shall be required by the
rules of the liquor authority and shall be accompanied by a check or
draft in the amount required by this article for such license.
1-a. The liquor authority shall convert all current licenses to sell
liquor at retail for consumption off the premises to seven day licenses
to sell liquor at retail for consumption off the premises pursuant to
subdivision four of section sixty of this article.
2. Section fifty-four shall control so far as is applicable the
procedure in connection with such applications.
3. Such license shall in form and in substance be a license to the
person specifically designated therein to sell liquor in the premises
specifically licensed at retail for off-premise consumption and shall
also include the privilege to sell wine under the same terms and
conditions without the payment of any additional fee.
4. No licensee under this section shall be engaged in any other
business on the licensed premises. The sale of lottery tickets, when
duly authorized and lawfully conducted, the sale of reusable bags as
defined in section 27-2801 of the environmental conservation law, the
sale of corkscrews or the sale of ice or the sale of publications,
including prerecorded video and/or audio cassette tapes, or educational
seminars, designed to help educate consumers in their knowledge and
appreciation of alcoholic beverages, as defined in section three of this
chapter and allowed pursuant to their license, or the sale of
non-carbonated, non-flavored mineral waters, spring waters and drinking
waters or the sale of glasses designed for the consumption of wine or
liquor, racks designed for the storage of wine, and devices designed to
minimize oxidation in bottles of wine which have been uncorked, or the
sale of gift bags, gift boxes, associated gift or promotional items, or
wrapping, for alcoholic beverages purchased at the licensed premises
shall not constitute engaging in another business within the meaning of
this subdivision. Any fee obtained from the sale of an educational
seminar shall not be considered as a fee for any tasting that may be
offered during an educational seminar, provided that such tastings are
available to persons who have not paid to attend the seminar and all
tastings are conducted in accordance with section sixty-three-a of this
article. For the purposes of this section, gift or promotional items
shall only include those items that are complimentary and directly
associated with the sale of wine or liquor they are promoting and shall
mean: (i) items that are de minimis in value, but in no instance shall
merchandise be valued at more than fifteen dollars in total; (ii) items
that are imprinted with the wine or liquor brand logo on the gift or
promotional item; and (iii) items that are included as part of a
manufactured pre-sealed package with the wine or liquor that is being
gifted or promoted. Further, for the purposes of this section,
promotional items shall not include any food, non-alcoholic beverage, or
other drink or food mix, nor shall these items be offered for sale to
the general public as individual items.
5. Not more than one license shall be granted to any person under this
section.
6. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder, shall be
made in accordance with public convenience and advantage.
Liquor tasting. 1. (a) Any person licensed pursuant to section
sixty-one or sixty-two of this article shall be permitted to conduct
consumer tastings of liquor in establishments licensed under section
sixty-three of this article to sell alcoholic beverages for off-premises
consumption. (b) Any person holding a retail license to sell liquor
under this chapter shall be permitted to conduct consumer tastings of
liquor upon such person's licensed premises.
2. All consumer tastings of liquor shall be conducted subject to the
following limitations:
(a) tastings of liquor shall be conducted by the licensee or an
authorized agent of the licensee. Such licensee or agent shall be
physically present upon the premises at all times during the conducting
of the consumer tasting of liquor.
(b) no more than a total of three samples of liquor may be provided
for tasting to a person in one calendar day.
(c) no sample of liquor for tasting may exceed one-quarter fluid
ounce.
(d) any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the licensee, who conducted such
tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding liquor tastings as provided for in this section.
License to sell liquor at retail for consumption on the
premises. 1. Notwithstanding the provisions of subdivision two of
section seventeen of this chapter, any person may make an application to
the appropriate board for a license to sell liquor at retail to be
consumed on the premises where sold, and such licenses shall be issued
to all applicants except for good cause shown.
2. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
3. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
upon the premises. Such license shall also be deemed to include a
license to sell wine and beer at retail to be consumed under the same
terms and conditions, without the payment of any additional fee.
5. No retail license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel provided that
a restaurant is operated in such premises, restaurant, catering
establishment, club, railroad car, vessel or aircraft being operated on
regularly scheduled flights by a United States certificated airline.
5-a. Notwithstanding the provisions of subdivision five of this
section, a liquor license may be issued under this section to an
establishment designated and commonly known and operated as a "bed and
breakfast" regardless of whether or not a restaurant is operated in such
establishment, provided that such license shall only permit the sale of
alcoholic beverages to overnight guests of such establishment.
6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of sixty-two
dollars and fifty cents; provided, however, that this permission shall
not be granted if an off-premise license has been granted for premises
located within eight miles of such hotel.
6-a. The authority may consider any or all of the following in
determining whether public convenience and advantage and the public
interest will be promoted by the granting of licenses and permits for
the sale of alcoholic beverages at a particular unlicensed location:
(a) The number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof.
(b) Evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies.
(c) Effect of the grant of the license on vehicular traffic and
parking in proximity to the location.
(d) The existing noise level at the location and any increase in noise
level that would be generated by the proposed premises.
(e) The history of liquor violations and reported criminal activity at
the proposed premises.
(f) Any other factors specified by law or regulation that are relevant
to determine the public convenience and advantage and public interest of
the community.
7. No retail license for on-premises consumption shall be granted for
any premises which shall be
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article;
(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,
however, that no renewal license shall be denied because of such
restriction to any premises so located which were maintained as a bona
fide hotel, restaurant, catering establishment or club on or prior to
December fifth, nineteen hundred thirty-three; and, except that no
license shall be denied to any premises at which a license under this
chapter has been in existence continuously from a date prior to the date
when a building on the same street or avenue and within two hundred feet
of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article, at which a license under this chapter has
been in existence continuously on or prior to November first, nineteen
hundred ninety-three; and except that this subdivision shall not be
deemed to restrict the issuance of a hotel liquor license to a building
used as a hotel and in which a restaurant liquor license currently
exists for premises which serve as a dining room for guests of the hotel
and a caterer's license to a person using the permanent catering
facilities of a church, synagogue or other place of worship pursuant to
a written agreement between such person and the authorities in charge of
such facilities. The liquor authority, in its discretion, may authorize
the removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".
(d-1) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.
(e) Notwithstanding the provisions of this chapter to the contrary,
the authority may issue a license to sell liquor at retail to be
consumed on premises to a club as such term is defined in subdivision
nine of section three of this chapter whether or not the building in
which the premises for which such license is to be issued is used
exclusively for club purposes and whether or not such premises is within
two hundred feet of a building used exclusively as a school, church,
synagogue or place of worship if such club is affiliated or associated
with such school, church, synagogue or place of worship and the
governing body of such school, church, synagogue or other place of
worship has filed written notice with the authority that it has no
objection to the issuance of such license.
(e-1) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises and/or an
overnight lodging facility located wholly within the boundaries of the
borough of Manhattan in the city and county of New York, bounded and
described as follows:
BEGINNING at a point on the southerly side of 49th Street, distant 160
feet easterly from the corner formed by the intersection of the
southerly side of 49th Street with the easterly side of 8th Avenue;
running thence southerly, parallel with 8th Avenue and part of the
distance through a party wall, 100 feet 5 inches to the center line of
the block between 48th and 49th Streets; thence easterly along the
center line of the block, 40 feet; thence northerly, parallel with 8th
Avenue and part of the distance through a party wall, 100 feet 5 inches
to the southerly side of 49th Street; thence westerly along the
southerly side of 49th Street, 40 feet to the point or place of
beginning. Premises known as 240 and 242 West 49th Street, New York
City. Being the same premises described in deed made by Hotel Mayfair
Inc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50
in liber 4657 Cp. 250.
(e-2) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Ulster, bounded and
described as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements erected thereon, situated in the Village of Ellenville,
Town of Wawarsing, County of Ulster and State of New York, being further
bounded and described as follows:
Beginning at a three-quarter inch diameter iron rod found on the
southwesterly bounds of Canal Street, marking the northeasterly corner
of the lands, now or formerly, John Georges, as described in liber 2645
of deeds at page 278.
Thence along the southeasterly bounds of the lands of John Georges,
passing 1.42 feet northwesterly from the southwesterly corner of the
building situated on the premises described herein, South thirty-nine
degrees, forty-one minutes, fifty-two seconds West, one hundred fifty
and zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly
bounds of the lands, now or formerly, Thomas Powers, as described in
liber 1521 of deeds at page 749. Thence along the northeasterly bounds
of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16
E, 28.00').
Thence passing 1.92 feet southeasterly from the southeasterly corner
of the building situated on the premises described herein. North
thirty-nine degrees, forty-one minutes, fifty-two seconds East, one
hundred fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the
southwesterly bounds of Canal Street.
Thence along the southwesterly bounds of Canal Street, North fifty
degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and
zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
Being the same premises as conveyed by deed dated September 2, 1999
from Chris M. Camio as Executor of the Last Will and Testament of Alice
Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
September 15, 1999 in Liber 2966 at page 291.
The undivided interests of John Harris and Alfred S. Dannhauser having
been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
in the Ulster County Clerk's Office in Liber 3213 p 65.
(e-3) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, provided such premises
constitutes a premises for the sale of food or beverages at retail for
consumption on the premises and/or an overnight lodging facility located
wholly within the boundaries of the borough of Manhattan in the city and
county of New York, bounded and described as follows:
Beginning at a point on the southerly side of 46th street, distant
three hundred fifty (350) feet westerly from the corner formed by the
intersection of the westerly side of Sixth Avenue with the said
southerly side of 46th street. Running thence southerly parallel with
the said westerly side of Sixth Avenue and for part of the distance
through a party wall, one hundred (100) feet four (4) inches; thence
westerly parallel with the southerly side of 46th street, eighty (80)
feet; thence northerly again parallel with the westerly side of Sixth
Avenue, one hundred (100) feet four (4) inches to the southerly side of
46th street; and thence easterly along the said southerly side of 46th
street, eighty (80) feet to the point or place of beginning. Premises
known as 130 West 46th Street, New York City. Being the same premises
described in deed made by Massachusetts Mutual Life Insurance Company to
West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
Office of the City Register, New York County, on February 6, 2007 as
CFRN 2007000069808.
(e-4) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:
THOSE THREE BUILDING LOTS situate on the northeasterly side of Union
Avenue in the city of Kingston, between Thomas and Cornell Streets,
known and distinguished upon a map of the property of the estate of said
Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April
11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and
bounded and described as follows:
BEGINNING at the west corner of lot seven which is also the corner of
Cornell Street, where it intersects with Union Avenue, and runs from
thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
the distance of one hundred and thirty-eight (138) feet, to the south
bounds of lot (8) eight as laid down upon said map, thence along in the
south bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear
of lots seven, six and five (7, 6 & 5) as aforesaid the distance of
seventy-two (72) feet to a lot of land owned by Max Oppenheimer and
known on said map as lot four (4); thence in the division line between
lot four and five as laid down upon said map, south 48 degrees 10' W.
one hundred and twenty-two (122) feet, and fifty-four hundredths of a
foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
thence along in said northeasterly bounds of said Union Avenue north 53
degrees 57' west along the front of said lots five, six and seven (5, 6
& 7) the distance of seventy-three feet and sixty-five hundredths of a
foot (73 65/100 feet) to the place of beginning; and a part of said
premises being a part of the same that was conveyed to Thomas Cornell by
Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
office of the Clerk of Ulster County in book No. 204 of deeds at page
403 March 6th, 1877, the balance of the property hereinbefore described
and herein intended to be conveyed was conveyed to Thomas Cornell by
James E. Ostrander and wife by deed bearing date February 8th, 1869, and
recorded in Ulster County Clerk's Office in book 175 of deeds at page
29, February 6th, 1872.
* (e-5) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, provided such
premises constitute a premises for the sale of food or beverages at
retail for consumption on the premises located wholly within the
boundaries of the borough of Brooklyn in the county of Kings and the
city of New York, bounded and described as follows:
Beginning at a point on the westerly side of Washington Avenue distant
636.45 feet southerly from the intersection of the southerly side of
Eastern Parkway and westerly side of Washington Avenue, said point being
the point of beginning; Running thence southerly along the westerly side
of Washington Avenue, a distance of 345.43 feet; thence westerly along
the line forming an interior angle with the previous course of 90
degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence
northerly along the line forming an interior angle with the previous
course of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet;
Thence northerly along the line forming an exterior angle with the
previous course of 159 degrees 18 minutes 33 seconds, a distance of
36.59 feet; Thence northerly along the line forming an exterior angle
with the previous course of 169 degrees 36 minutes 23 seconds, a
distance of 26.26 feet; Thence westerly along the line forming an
exterior angle with the previous course of 123 degrees 49 minutes 33
seconds, a distance of 58.57 feet; Thence southwesterly along the line
forming an exterior angle with the previous course of 129 degrees 53
minutes 13 seconds, a distance of 108.38 feet; Thence westerly, a
distance of 84.05 feet along a curve to the right, which has a radius of
192.59 feet, and having a central angle of 25Á00'14"; Thence westerly, a
distance of 58.94 feet along a curve to the right, which has a radius of
181.42 feet, and having a central angle of 18Á36'54". Thence westerly, a
distance of 354.56 feet; Thence northerly along the line forming an
interior angle with the previous course of 90 degrees 14 minutes 09
seconds, a distance of 114.49 feet; Thence easterly along the line
forming an exterior angle with the previous course of 286 degrees 53
minutes 22 seconds, a distance of 7.54 feet; Thence easterly along the
line forming an interior angle with the previous course of 195 degrees
07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along
the line forming an interior angle with the previous course of 193
degrees 52 minutes 57 seconds, a distance of 161.51 feet; Thence
westerly along the line forming an interior angle with the previous
course of 257 degrees 31 minutes 43 seconds, a distance of 116.17 feet;
Thence northeasterly, a distance of 7.07 feet along a non-tangent curve
to the right, having a radius of 4.50 feet, a central angle of 89Á59'10"
and a chord of 6.36 feet, which chord makes an interior angle with the
previous course of 135 degrees 01 minutes 12 seconds; Thence easterly
along the line forming an interior angle with the chord of the
above-referenced curve of 135 degrees 01 minutes 17 seconds, a distance
of 135.59 feet; Thence easterly, a distance of 81.93 feet along a
non-tangent curve to the left, having a radius of 272.93 feet, a central
angle of 17Á11'59" and a chord of 81.63 feet, which chord makes an
interior angle with the previous course of 186 degrees 52 minutes 37
seconds; Thence easterly along the line forming an interior angle with
the chord of the above-referenced curve of 192 degrees 21 minutes 11
seconds, a distance of 38.24 feet; Thence easterly along the line
forming an interior angle with the previous course of 183 degrees 09
minutes 51 seconds, a distance of 21.53 feet to the point of beginning.
* NB There are 2 par (e-5)'s
* (e-5) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Kings, bounded and
described as follows:
ALL that certain plot, piece or parcel of land situate lying and being
in the Borough of Brooklyn, County of Kings, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Synder Avenue, with the easterly side of Bedford Avenue;
THENCE easterly along the southerly side of Synder Avenue, 99 feet 10
inches;
THENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to
the center line of Union Street, as shown on the Bergen Map;
THENCE westerly along the center line of Union Street, as aforesaid, 99
feet 10 inches to the easterly side of Bedford Avenue;
THENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8
inches to the point or place of BEGINNING.
* NB There are 2 par (e-5)'s
* (e-6) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Kings, bounded and
described as follows:
BEGINNING at a point on the northerly side of Grand Street, distant
three hundred and nineteen feet and three inches easterly from the
corner formed by the intersection of the northerly of Grand Street with
the easterly side of Berry (formerly Third) Street, which point of
beginning is where a line drawn along the easterly wall of the house now
or formerly owned by one Schaefer intersects the northerly side of Grand
Street; running thence northerly along the easterly wall of the house
now or formerly owned by one Schaefer, seventy one feet and six inches;
thence easterly nearly parallel with Grand Street, eighteen feet and
five inches; thence southerly, seventy feet and seven inches to the
northerly side of Grand Street at a point, sixteen feet easterly from
the point of beginning; thence westerly along the northerly side of
Grand Street, sixteen feet.
* NB There are 2 par (e-6)'s
* (e-6) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the borough of
Manhattan in the city and county of New York, bounded and described as
follows:
BEGINNING at the corner formed by the intersection of the southerly
side of Fulton Street with the westerly side of Broadway;
RUNNING THENCE southerly along the westerly side of Broadway, 78 feet
11 1/2 inches to an angle point, in said westerly side of Broadway;
THENCE southerly still along the westerly side of Broadway, 75 feet 3
inches to the corner formed by the intersection of the westerly side of
Broadway with the northerly side of Dey Street;
THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4
inches;
THENCE northerly along a line which forms an angle on its westerly
side with the northerly side of Dey Street of 91 degrees 21 minutes 50
seconds, 77 feet 5 1/2 inches;
THENCE easterly along a line which forms an angle on its southerly
side with the last described course of 91 degrees 21 minutes 50 seconds,
75 feet 4 5/8 inches;
THENCE northerly along a line which forms an angle on its westerly
side with the last described course of 91 degrees 00 minutes 00 seconds,
77 feet 5 1/4 inches to the southerly side of Fulton Street;
THENCE easterly along the southerly side of Fulton Street, 99 feet 8
inches to an angle point on said southerly side of Fulton Street;
THENCE easterly still along the southerly side of Fulton Street, 100
feet 2 1/2 inches to the point or place of BEGINNING.
TOGETHER with benefits and subject to the terms contained in that
certain Easement and License Agreement dated as of April 20, 1993
between Kalikow Fulton Church Realty Company and 195 Property Company
and recorded on May 10, 1993 in Reel 1969 page 1310.
* NB There are 2 par (e-6)'s
* (e-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue, or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for the consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:
All that piece or parcel of land, situate in the City of Kingston,
County of Ulster and State of New York described as follows: Beginning
at a spike in the concrete sidewalk on the south bounds of Main Street
at its intersection with the west bounds of Fair Street; Thence south 8
degrees 10 hours 9 minutes east along the west bounds of Fair Street
105.31 feet to a spike in line with a three story brick building on
lands now or formerly Norman G. Lebhar and John W. Krueger (L.1516
P.425); Thence south 83 degrees 26 hours 38 minutes west along said
building and lands of Lebhar and Krueger 46.27 feet to a corner of said
building; Thence north 8 degrees 4 hours 13 minutes west along lands now
or formerly Lawrence A. Quilty and others (L.1422 P.123) and along the
brick building on the herein described parcel 102.62 feet to a
reinforcement rod set on the south bounds of Main Street; Thence north
80 degrees 6 hours 32 minutes east along said bounds of Main Street
46.10 feet to the point and place of beginning. Being the same premises
as conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave,
Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated September
15, 1995 and recorded in the Ulster County Clerk's Office on September
20, 1995 in Liber 2525 of Deeds at Page 200.
* NB There are 2 par (e-7)'s
* (e-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Erie, bounded and
described as follows:
ALL that certain plot, piece or parcel of land situate in the City of
Buffalo, County of Erie and state of New York, being part of Lot No. 77,
Township 11, Range 8 of the Holland Land Company's Survey, and further
distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown
on a map filed in the Erie County Clerk's Office under Cover No. 781 and
more particularly bounded and described as follows:
BEGINNING at the point of intersection of the northerly line of Hertel
Avenue as now laid out 100 feet wide with the easterly line of Saranac
Avenue; thence northerly along the easterly line of Saranac Avenue 120
feet; thence easterly parallel with Hertel Avenue 100 feet; thence
southerly parallel with Saranac Avenue and along the easterly line of
said subdivision Lot No. 2, a distance of 120 feet to the northerly line
of Hertel Avenue; thence westerly along said line of Hertel Avenue 100
feet to the point of beginning.
* NB There are 2 par (e-7)'s
(e-8) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Erie, bounded and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No.48, Township
11, Range 8 of the Holland Land Company's Survey, described as follows:
BEGINNING at a point in the easterly line of Elmwood Avenue distant
191.1 feet north of the intersection of said easterly line of Elmwood
Avenue with the northerly line of Bird Avenue; running thence northerly
along the said easterly line of Elmwood Avenue 63 feet; thence easterly
at right angles with Elmwood Avenue 140 feet; thence southerly parallel
with Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood
Avenue 140 feet to the said easterly line of Elmwood Avenue to the point
or place of beginning.
All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. Forty-Eight
(48), Township Eleven (11) and Range Eight (8) of the Holland Land
Company's survey and bounded and described as follows:
BEGINNING at a point in the easterly line of Elmwood Avenue One
Hundred Sixty and one-tenth (160.10) feet northerly from its
intersection with the northerly line of Bird Avenue, running thence
northerly on said easterly line of Elmwood Avenue Thirty-one (31) feet;
thence easterly at right angles to Elmwood Avenue One Hundred forty
(140) feet; thence southerly parallel with Elmwood Avenue Thirty-one
(31) feet; thence westerly at right angles to Elmwood Avenue, One
Hundred forty (140) feet to the easterly line of Elmwood Avenue at the
place of beginning.
All that Tract or Parcel of Land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot No. 48, Township
11, Range 8 of the Holland Land Company's Survey and bounded and
described as follows:
BEGINNING at a point in the east line of Elmwood Avenue, distant
321.50 feet south from the intersection of said east line with the south
line of Forest Avenue; thence south along the east line of Elmwood
Avenue, 49 feet to a point; thence east at right angles to the east line
of Elmwood Avenue, 140 feet to a point, thence north, parallel with the
east line of Elmwood Avenue, 49 feet to a point; thence west in a
straight line, 140 feet to the point of beginning.
* (e-9) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship and a school, provided such premises constitute a premises for
the Lewiston fire department located wholly within the boundaries of the
county of Niagara, bounded and described as follows:
ALL that certain plot, piece or parcel of land situate in the Village
of Lewiston, County of Niagara and state of New York, being New Lot "C"
according to a map made by James M. McIntyre, Surveyor, on April 8, 2011
and filed in the Niagara County Clerk's Office on June 13, 2012 in Book
64 of Microfilmed Maps, at page 6441m showing re-subdivision of Old
Sublots 169 and 170 on the east side of the North Fifth Street; and
sublots 154, 155 and 156 on the south side of Onondaga Street as shown
on Map of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and
filed with the Deed Atlas in Niagara County Clerk's Office, and bounded
and described as follows:
BEGINNING at a point in the intersection of the south line of Onondaga
Street and the west line of North Sixth Street; thence south along the
west line of North Sixth Street, a distance of 264.00 feet; thence west
at an interior angle of 90Á10'33", a distance of 198.00 feet to the east
line of North Fifth Street; thence north along the east lone of North
Fifth Street, at an interior angle of 89Á29'47", a distance of 132.00
feet; thence east at an interior angle of 90Á10'33", a distance of
102.00 feet; thence north at an exterior angle of 90Á10'33", a distance
of 132.00 feet to the south line of Onondaga Street; thence east along
the south line of Onondaga Street, a distance of 96.00 feet to the point
of beginning.
* NB There are 2 par (e-9)'s
* (e-9) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Jefferson, bounded and
described as follows:
ALL that certain lot, piece or parcel of land, situated in the City of
Watertown, County of Jefferson and State of New York, described as
follows:
BEGINNING in the westerly margin of Massey Street where it intersects
the southerly margin of Prospect Street;
THENCE southerly along the margin of said Massey Street about 6 rods
and 1/4 of a rod to land formerly owned by Ed. Bohl;
THENCE westerly at right angles along the northerly line of said Bohl
lot to a point therein 34 feet from the southeasterly corner of a lot of
land conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7
inches;
THENCE northerly at right angles and parallel with the easterly line
of said Gillingham's lot about 6 1/4 rods to Prospect Street;
THENCE easterly along the south margin of said Prospect Street to the
place of beginning, and all the lands belonging to the land hereby
conveyed and lying in front of the same Massey and Prospect Streets;
BEING the same premises conveyed to Vincent Cavallerio and Adrianna
Cavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded
in the Jefferson County Clerk's office on May 27, 1977 in Liber 881 of
Deeds at page 418. Vincent Cavallario died in the City of Watertown on
August 17, 1984;
ALSO BEING the same premises conveyed to Adriana Cavallario and Peter
G. Cavallario, as Trustees of the living Trust of Adriana Cavallario,
under agreement dated October 14, 1995, by Adriana Cavallaria, by
warranty deed dated October 24, 1995 and recorded in the Jefferson
County Clerk's office on November 8, 1995 in Liber 1483 at Page 15;
ALSO BEING the premises known as 133 North Massey Street, Watertown,
New York.
* NB There are 2 par (e-9)'s
(e-10) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Washington, bounded and
described as follows:
ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of
the intersection of Main Street and Maple Street in the Village of
Hudson Falls, Washington County, New York, and which said parcel in more
particularly bounded and described as follows:
BEGINNING at a point marking the intersection of the easterly bounds
of Main Street with the southerly bounds of Maple Street; running thence
from the point of beginning in an easterly direction along the southerly
bounds of Maple Street. South 86 degrees 47 minutes 40 seconds East for
a distance of 229.47 feet to a point; running thence in a southerly
direction, south 07 degrees 28 minutes 10 seconds West for a distance of
100.05 feet to a point; running thence in a northerly line of lands of
the First Baptist Church of Hudson Falls; running thence in a westerly
direction along the northerly line of said lands of said Church, North
84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a
point in the easterly bounds of Main Street; running thence in a
northerly direction along the easterly bounds of Main Street, North 06
degrees 11 minutes 40 seconds West for a distance of 94.47 feet to the
point of beginning. The same to contain 0.483 acres ±.
REFERENCE to the above description is a survey map titled "Map of a
Survey of Lands of the County of Washington" prepared by Charles T.
Nancy, Licensed Land Surveyor, Dated August 4, 1994 and on file at the
Washington County Clerk's Office in Drawer 31B of Maps and Map Number
31B-160.
ALL THAT CERTAIN LOT OR PARCEL OF LAND situated in the Village of
Hudson Falls, Washington County, New York bounded and described as
follows:
BEGINNING at a point on the south line of Maple Street in said Village
fifty feet westerly of a steel bolt in the northwest corner of the New
York Telephone Co.'s Lot, which said point is at the west end of a
retaining curbing to the south line of brick driveway, thence running
north 75 degrees east along said south line of Maple Street fifty feet
to a bolt driven in the ground for a monument as a marker; thence
southerly one hundred and eight and seven tenths feet to an iron bolt
driven in the ground fifty feet from the west line of lot hereby
conveyed; thence easterly fifty-one feet to a large iron pipe driven in
the ground for a monument; thence southerly about two feet easterly of
the garage building on said property fifty-six feet to the location of
the boundary line between lands formerly owned by Elisha Baker, and
Samuel Tappin and U. Cornell Allen, the same being the southerly
boundary line of the premises hereby conveyed; thence westerly on said
boundary line one hundred and two feet to the east line of the Baptist
Church lot, which lot last mentioned line is monumented; thence along
the east line of said Church lot and the lot formerly owned by Crenville
M. Ingalsbe one hundred and sixty-one feet to the place of beginning.
The above described premises are conveyed subject to a certain right
of way over same heretofore granted by George H. Newton to Hudson River
Telephone Co. by Deed dated July 10, 1915 and recorded in Washington
County Clerk's Office in Liber 138 of Deeds at Page 134.
A more modern description of the above premises is as follows:
Commencing in the southerly bounds of Maple Street at the northwest
corner of premises formerly of New York Telephone Company; running
thence along the westerly bounds of said lands formerly of New York
Telephone Company; running thence along the westerly bounds of said
lands formerly of New York Telephone Company on a course of south 7
degrees 29 minutes west for a distance of 108.66 feet to a point for a
corner; running thence south 85 degrees 03 minutes east for a distance
of 50.97 feet to an iron pipe found for a corner; running thence south 8
degrees 35 minutes west for a distance of 56.65 feet to an iron pipe
found for a corner; running thence north 83 degrees 40 minutes west for
a distance of 101.94 feet along the northerly bounds of lands formerly
of O.T. Griffin to a point for a corner in the easterly bounds of the
Baptist Church lot; running thence north 8 degrees 17 minutes east for a
distance of 162.10 feet to a point in the southerly bounds of Maple
Street; running thence south 85 degrees 57 minutes east for a distance
of 49.90 feet to the point and place of beginning. The aforedescribed
premises are depicted on a certain "Map of Lands of Village of Hudson
Falls at "#8 Maple Street" dated November 2, 1953 by Leslie W. Coulter
and filed in the Washington County Clerk's Office on January 11, 1954,
as Map No. 02.
* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises occupying
the southernmost portion of the buildings and improvements further
identified as suite two hundred ten and located wholly within the
boundaries of the county of Westchester, bounded and described as
follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being in the City of
White Plains, County of Westchester, State of New York, more
particularly described as follows:
BEGINNING at a point in the northerly side of Main Street as the same
is now laid out and established where said northerly side of Main Street
is intersected by the division line between the premises hereby
described and land now or formerly of Henry E. Hartnett said point being
at the southeasterly corner of the parcel hereby described;
THENCE RUNNING along the northerly side of Main Street as now
established, South 76 degrees 38 minutes 54 seconds West 48.24 feet to a
monument thence on a curve to the right forming the northeasterly corner
of Main Street and Church Street said curve having a radius of 26.03
feet, a distance of 39.836 feet (39.84 feet per deed) to the easterly
side of Church Street;
THENCE RUNNING along the easterly side of Church Street North 15
degrees 40 minutes West 205.61 feet to the northwesterly corner of the
premises hereby described and to the southerly line of a 12 foot
driveway leading from land of Henry E. Hartnett to Church Street;
THENCE RUNNING along the southerly side of said driveway, North 74
degrees 18 minutes 50 seconds East 74.84 feet to the northeasterly
corner of the premises hereby described and land of Henry E. Hartnett;
THENCE along said land of Henry E. Hartnett, South 15 degrees 15
minutes 30 seconds East 233.60 feet to the northerly side of Main
Street, at the point or place of BEGINNING.
TOGETHER with the benefits of a certain Declaration of Easement made
by Markbeth Building Corp dated October 28, 1981 and November 10, 1981
in Liber 7736 cp 262 as set forth therein.
* NB There are 3 par (e-11)'s
* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Erie, bounded and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo,
County of Erie and State of New York, and bounded and described as
follows: being part of Lot number seventy-one (71), Township eleven
(11), Range eight (8) of the Holland Land Company's survey and in a
subdivision of part of said lots 71 and 72, made for Main Street Land
and Improvement Co., by C.F. Witmer, surveyor, a map of which
subdivision is on file in Erie County Clerk's Office under Cover 292.
This premises herby conveyed being designated as subdivision lot No.
thirty-nine (39) in Block "C" and bounded and described as follows:
BEGINNING at a point in the westerly line of Main Street thirty-six
and one-half (36-1/2) feet northerly from its intersection with the
northerly line of Heath Street (formerly Morton Street). Running thence
northerly along said line of Main Street thirty-six and one-half
(36-1/2) feet; thence westerly at right angles with said line of Main
Street to a sixteen (16) foot alley; thence southerly along the easterly
line of said alley to a point where a line drawn at right angles with
said line of Main Street would intersect said line of Main Street at the
place of beginning and thence easterly at right angles with Main Street
to the said line of Main Street at the place of beginning.
* NB There are 3 par (e-11)'s
* (e-11) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Broome, bounded and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,
County of Broome, State of New York, bounded and described as follows:
BEGINNING at a point at the intersection of the northerly street
boundary of Henry Street and the easterly street boundary of Water
Street, at the southwesterly corner of the premises herein described;
THENCE N 17Á-02'-44" E along said easterly street boundary of Water
Street a distance of 96.66 feet to a point;
THENCE N 19Á-42'-08" E along said easterly street boundary of Water
Street a distance of 25.28 feet to a 5/8 inch rebar with plastic yellow
cap marked "Jennings" found at the southwesterly corner of lands owned
by the City of Binghamton as recorded in the Broome County Clerk's
Office in Liber 549 at page 418;
THENCE S 77Á-19'-48" E along the southerly boundary of lands owned by
said City of Binghamton a distance of 118.89 feet to a masonry nail
found in the westerly boundary of lands owned by Samuel Diamond (Liber
1198, page 377);
THENCE S 17Á-49'-47" W along said westerly boundary of lands owned by
Diamond a distance of 14.00 feet to a 1/2 inch rebar found;
THENCE S 82Á-36'-13" E along the southerly boundary of lands owned by
said Diamond a distance of 5.06 feet to a point at the northwesterly
corner of lands owned by Washington Building Management Company (Liber
1750, page 69);
THENCE S 15Á-00'-17" W along the westerly boundary of lands owned by
said Company a distance of 42.68 feet to a point;
THENCE, S 83Á-53'-13" E along the southerly boundary of lands owned by
said Company a distance of 28.00 feet to a point at the northwesterly
corner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page
33) on the exterior face of a building wall;
THENCE, along the westerly boundary of lands owned by said Mitchell
the following three courses:
1. S 11Á-52'-47" W along said wall a distance of 33.68 feet to a point
in a party building wall;
2. S 84Á-51'-13" E along said party wall a distance of 7.57 feet to a
point;
3. S 14Á-48'-47" W along the centerline of a party building wall a
distance of 35.26 feet to a point in said northerly street boundary of
Henry Street;
THENCE N 77Á-32'-37" W along said northerly street boundary of Henry
Street a distance of 165.87 feet to the point of beginning as surveyed
by Paul B. Koerts, Professional Land Surveyor on March 11, 1996. The
bearings are referenced to record north for lands owned by said City of
Binghamton (Liber 549, page 418).
Together with the following:
1. A right-of-way over the westerly 12.5 feet of so much of the
premises described above as adjoins the premises formerly of Charles A.
Wilkinson, now of Clare B. Risk, on the west (being the northerly 40
feet thereof, more or less), and adjoining the premises described above
on the east, as granted in a deed from Charles A. Wilkinson, et al, to
John Hull, Jr., et al, dated February 24, 1886 and recorded in the
Broome County Clerk's Office on November 20, 1886 in Book 130 of Deeds
at page 546.
2. The benefits contained in an agreement between Hull, Grummond & Co.
and George F. O'Neil providing for the erection of a party wall recorded
in the Broome County Clerk's Office on October 28, 1913 in Book 247 of
Deeds at Page 313.
3. The benefits contained in an agreement between Mabel D. Eggleston
and Hull-Grummond & Co., Inc. providing for the erection of a party wall
recorded in the Broome County Clerk's Office on August 28, 1918 in Book
281 of Deeds at page 179.
* NB There are 3 par (e-11)'s
(e-12) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the Borough of Brooklyn, county of
Kings, bounded and described as follows:
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New York, bounded and
described as follows:
BEGINNING at a point on the northerly side of Lafayette Avenue,
distant 43 feet westerly from the corner formed by the intersection of
the northerly side of Lafayette Avenue with the westerly side of St.
Felix Street, which point is opposite the center line of a party wall on
the premises herein described and the premises adjoining on the east;
RUNNING THENCE westerly along the northerly side of Lafayette Avenue,
21 feet 6 inches to a point opposite the center line of another party
wall on the premises herein described and premises adjoining on the
west;
THENCE northerly parallel with the westerly side of St. Felix Street,
and part of the distance through a party wall, 100 feet to a point
distant 63 feet westerly (deed) 64 feet 6 inches (tax map) from the
westerly side of St. Felix Street measuring along a line drawn at right
angles thereto from a point thereon distant 100 feet northerly from the
corner formed by the intersection of the northerly side of Lafayette
Avenue with the westerly side of St. Felix Street;
THENCE easterly parallel with the northerly side of Lafayette Avenue
and at right angles to St. Felix Street, 21 feet 6 inches;
THENCE southerly parallel with St. Felix Street and part of the
distance through a party wall, 100 feet to the northerly side of
Lafayette Avenue at the point or place of BEGINNING.
For Information Only: Said premises are known as 33 Lafayette Avenue,
Brooklyn, NY and designated as Block 2108 Lot 19 as shown on the Tax Map
of the City of New York, County of Kings.
* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the city of Niagara Falls, county of
Niagara, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Niagara Falls,
County of Niagara and State of New York, being part of Lot No. 43 of the
Mile Reserve and further distinguished as Lots Nos. 2 and 4 as shown on
map made by Jesse P. Haines and filed on December 20, 1861 under Cover
No. 389, being situate on the east line of Second Street, bounded and
described as follows:
BEGINNING at the intersection of the north line of Rainbow Boulevard,
formerly Jefferson Avenue and formerly Union Street, with the east line
of Second Street; thence northerly along the east line of Second Street,
a distance of about 106.56 feet to the south line of Lot No. 6; thence
easterly along the south line of Lot No. 6, a distance of 132.52 feet to
the west line of an alley which is also the east line of Lots Nos. 2 and
4; thence southerly along the west line of said alley, a distance of
186.8 feet to the north line of Rainbow Boulevard; thence westerly along
the north line of Rainbow Boulevard, as distance of about 154.34 feet to
the east line of Second Street and point of beginning.
* NB There are 3 par (e-13)'s
* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the Village of Jeffersonville, Town of
Callicoon, county of Sullivan, bounded and described as follows:
BEGINNING at a Point in the northwesterly bounds of New York State
Route No. 52 (Main Street) at its northwesterly corner of Parcel II as
described in the Deed Instrument 2019-9072, thence running North 47
degrees 46 minutes West 135.00 feet to an iron set on the southeasterly
bounds of lands of Schnabele (Deed Instrument 2016-2475), thence running
along the southeasterly bounds of said lands of Schnabele South 42
degrees 31 minutes West 60 feet to an iron rod found at the southerly
corner of said lands of Schnabele, thence running along the
southwesterly bounds of said lands of Schnabele and a projection thereof
North 53 degrees 51 minutes 00 seconds West 276.00 feet to a point in a
twin hemlock tree on the easterly bounds of lands of Richard and
Kathleen Herbert Irrevocable Trust (Deed Liber 3561 at page 360), thence
running along said easterly bounds of lands of Richard and Kathleen
Herbert Irrevocable Trust and running generally along a ditch South 12
degrees 52 minutes 44 seconds West 125 feet to an iron pipe set, said
iron pipe set being approximately three feet easterly of an iron bar
found at the northerly corner of lands of Yeung & Cheung (Deed Liber
1613 at page 46), thence running South 46 degrees 44 minutes 26 seconds
East 255.50 feet to an iron spike set on the Northwesterly bounds of an
eight foot right of way, thence running along said right of way bounds
and running along the bounds of lands of Yeung & Cheung North 44 degrees
05 minutes East 3.00 feet to an iron rod found, thence South 47 degrees
21 minutes East 84 feet to a point on the approximate northwesterly
bounds of New York State Route No. 52, thence running along said
approximate northwesterly highway bounds North 44 degrees 12 minutes 18
seconds East 200.59 feet to the point or place of beginning and
containing 1.3 acre of land to be the same more or less.
TOGETHER with the use of an eight foot wide right of way through the
lands of Yeung & Cheung. The northeasterly bounds of said right of way
being the above mentioned course of South 47 degrees 21 minutes East
84.00. See Deed Liber 430 at Page 404 and Deed Liber 1613 at Page 46.
SUBJECT any use, dedication, conveyance or easement(s) of record for
public highway or public utility purposes.
Being and intended to be the same premises described in a deed from
RCAIS HOLDINGS LLC to WLMC LLC dated December 2, 2016 and recorded on
December 14, 2016 in the Sullivan county clerk's office as Instrument
No. 2016-9588.
* NB There are 3 par (e-13)'s
* (e-13) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Saratoga, bounded and
described as follows:
ALL THOSE CERTAIN PARCELS OF LAND and the improvements thereon situate
in the City of Saratoga Springs, County of Saratoga, State of New York
lying Northwesterly of and adjacent to Broadway, a.k.a. New York State
Route #50 and U.S. Route 9, and being more particularly bounded and
described as follows:
BEGINNING at the point of intersection of the division line between
the lands of Alice M. Bode as described in Book 808 of Deeds at Page 494
on the Northeast and other lands of Alice M. Bode as described in Book
808 of Deeds at Page 496 on the Southwest with the Northwesterly line of
Broadway and runs thence along said division line North 56 degrees 40
minutes 20 seconds West in part passing through the middle of the brick
wall between these premises and premises adjoining on South, a distance
of 151.18 feet to its intersection with the Southeasterly line of Long
Alley; thence along said Southeasterly line North 33 degrees 34 minutes
10 seconds East a distance of 34.38 feet to its intersection with the
Southwesterly line of Walton Street; thence South 56 degrees 15 minutes
46 seconds East along said Southwesterly line a distance of 151.18 feet
to its intersection with the Northwesterly line of Broadway; thence
along said Northwesterly line South 33 degrees 34 minutes 10 seconds
West a distance of 33.30 feet to the point of beginning.
BEING the same premises conveyed by Deed by John A. Slade, as
Administrator of the goods, chattels and credit of Alice Maude Jenkins
to Alice M. Bode dated January 1, 1967 and recorded in the Saratoga
County Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 494.
Subject to an easement granted by Alice M. Bode to Carolyn B. Siewers
and Leslie J. Suprenant dated December 15, 1987 and recorded in the
Saratoga County Clerk's Office in Liber 1222 of Deeds at Page 113 on
December 15, 1987.
BEGINNING at the point of intersection of the division line between
lands of Alice M. Bode as described in Book 808 of Deeds at Page 494 on
the Northeast and other lands of Alice M. Bode as described in Book 808
of Deeds at Page 496 on the Southwest with the Northwesterly line of
Broadway, a.k.a. New York State Route #50 and U.S. Route 9, and runs
thence along said Northwesterly line South 33 degrees 34 minutes 10
seconds West a distance of 22.83 feet to its point of intersection with
the division line between the lands of Alice M. Bode as described in
Book 808 of Deeds at Page 496 on the Northeast and the lands of James W.
and Christine Breitenfeld as described in Book 1085 of Deeds at Page 323
on the Southwest; thence along said division line and the division
between the buildings located at 493 and 495 Broadway North 56 degrees
40 minutes 20 seconds West a distance of 106.98 feet to its point of
intersection with the division line between said lands of Bode on the
Southeast and the lands of John F. Baker as described in Book 1350 of
Deeds at Page 773 on the Northwest; thence along said division line
North 33 degrees 34 minutes 10 seconds East a distance of 22.83 feet to
a point on the first herein described division line; thence along said
division line South 56 degrees 40 minutes 20 seconds East, in part
passing through the middle of the brick wall between these premises and
premises adjoining on North, a distance of 106.98 feet to the point of
beginning.
BEING a portion of the premises conveyed by Deed by John A. Slade, as
Administrator of the goods, chattels and credit of Alice Maude Jenkins
to Alice Bode dated January 1, 1967 and recorded in the Saratoga County
Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 496.
TOGETHER with the appurtenances and all the estate which the decedent
had at the time of the decedent's death in the subject premises, and
also the estate therein, which the Party of the First Part has or has
power to convey and dispose of, whether individually, or otherwise.
* NB There are 3 par (e-13)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the city of Beacon, county of Dutchess,
bounded and described as follows:
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the city of
Beacon, County of Dutchess, State of New York, bounded and described as
follows:
BEGINNING at a point on the northeasterly line of Main Street where
the division line between Parcels 1 and 2 intersects said road line;
thence northwesterly along the northeasterly line of Main Street N
47-13-26 W 35.30 feet to a point; thence northeasterly along the lands
now or formerly of Molitoris Enterprises Inc. N 43-43-20 E 100.14 feet
to a point; thence southeasterly along lands now or formerly Hill and
lands now or formerly Mazzacone S 50-57-30 E 10.25 feet and S 46-11-30 E
25.73 feet to a point; thence southwesterly along Parcel 1 S 44-05-30 E
100.36 feet to the point or place of BEGINNING.
For Information Only: Said premises are known as 468-472 Main Street,
Beacon NY- Grid No. 0200-6054-37-094741.
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the city of
Beacon, County of Dutchess, State of New York, bounded and described as
follows:
BEGINNING at a point on the northeasterly line of Main Street where
the division line between Parcels 1 and 2 intersects said road line;
thence northeasterly along Parcel 2 N 44-05-30 E 100.36 feet to a point;
thence southeasterly along the lands now or formerly of Mazzacone S
43-01-43 E 26.32 feet to a point; thence southwesterly along land now or
formerly of Main St. Realty S 49-39-32 W 18.68 feet and S 44-05-34 W
79.88 feet to the point on the northeasterly line of Main Street; thence
northwesterly along the northeasterly line of Main Street N 47-13-26 W
24.48 feet to the point or place of BEGINNING.
For Information Only: Said premises are known as 472 Main Street, Beacon
NY- Grid No. 0200-6054-37-096740.
* NB There are 6 par (e-14)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue, or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Wayne, bounded and
described as follows:
All that certain parcel of land located just north of the intersection
of North Main Street and Buffalo Street in the Town of Marion, Wayne
County, New York and which aid parcel is more particularly bounded and
described as follows:
The parcel is located at 3829 North Main Street, tax map ID #
543200-65114-12-849598. The property is on .16 acres with a Global
Positioning System (GPS) location 43.14365, -77.18897 which is
43Á08'37.1"N 77Á11'20.3"W.
* NB There are 6 par (e-14)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Erie, bounded and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo,
County of Erie and State of New York, being part of Lot Number 76,
Township 11, Range 8 of the Holland Land Company's Survey and according
to a map filed under Cover Number 613 is known as part of Subdivision
Lots Numbers 56 and 57 in Block "C" and more fully described as follows:
BEGINNING at a point of intersection of the southerly line of Hertel
Avenue with the easterly line of North Park Avenue; running thence
easterly along the southerly line of Hertel Avenue one hundred five
(105) feet; thence southerly and parallel with North Park Avenue one
hundred fifteen (115) feet; thence westerly and parallel with Hertel
Avenue one hundred five (105) feet to the said easterly line of North
Park Avenue and thence northerly along said easterly line of North Park
Avenue one hundred fifteen (115) feet to the said southerly line of
Hertel Avenue, the point or place of beginning.
* NB There are 6 par (e-14)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the borough of Manhattan in the city and
county of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Greenwich Street, distant
82 feet 8 inches southerly from the corner formed by the intersection of
the easterly side of Greenwich Street with the southerly side of Thames
Street;
RUNNING THENCE southerly along the easterly side of Greenwich Street,
178 feet 2 inches to the northerly face of the northerly wall of the
building erected on the premises adjoining on the south;
THENCE easterly along the northerly face of the northerly wall of the
building on the premises adjoining on the south and on a line in
continuation thereof, 107 feet 1 1/4 inches;
THENCE northwesterly on a line forming an angle in the north west
quadrant of 84 degrees 12 minutes 20 seconds with the last mentioned
course, 47 feet 8 1/4 inches to the centre of a party wall;
THENCE easterly along the centre of said party wall, 52 feet 2 1/2
inches to the westerly side of Trinity Place;
RUNNING THENCE northerly along the westerly side of Trinity Place, 124
feet 7 3/4 inches to the southerly face of the southerly wall of the
building erected on the premises adjoining on the north;
THENCE westerly along the southerly face of said wall and on a line
drawn in continuation thereof, 74 feet 5 inches;
THENCE northerly, 4 inches;
THENCE westerly and partly along the southerly face of the southerly
wall of the building adjoining on the north, 107 feet 1 3/4 inches to
the point or place of BEGINNING; and
BEGINNING at the corner formed by the intersection of the easterly
side of Greenwich Street with the southerly side of Thames Street;
RUNNING THENCE easterly along the southerly side of Thames Street, 119
feet 3 1/2 inches to the ground now or late belonging to James Walker
and formerly leased to E. Devoe and M. Williams;
THENCE southerly along the same, 79 feet 8 inches to the southerly
line of land conveyed by the Rector, Church Wardens and Vestrymen of the
Protestant Episcopal Church of St. Stephens of the City of New York to
The Hamilton Building Company by Deed dated February 1, 1907 and
recorded February 4, 1907 in Liber 110 Cp. 42 Sec. 1 in the Office of
the Register of the County of New York;
THENCE westerly along the same, 106 feet 10 inches, more or less, to
the easterly side of Greenwich Street; and
THENCE northerly along the said easterly side of Greenwich Street, 82
feet 7 inches to the point or place of BEGINNING.
* NB There are 6 par (e-14)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the Borough of Manhattan, county
of New York, City and State of New York, bounded and described as
follows:
PARCEL I:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly
side of Broadway with the southerly side of Thames Street, as shown on
certain map entitled, "Map or Plan of the closing and discontinuing of
that part of Thames Street between Broadway and Trinity Place or Church
Street and of that part of Temple Street the north side of Thames Street
and a new street laid out between Broadway and Trinity Place or Church
Street, to be known as Thames Street and that part of Temple Street,
between the north side of said new street and the south side of Cedar
Street, as widened, and the laying out of a new street between Broadway
and Trinity Place or Church Street, to be known as Thames Street, and
the widening of Cedar Street at the southerly side thereof between
Broadway and Trinity Place or Church Street in the First Ward, Borough
of Manhattan, City of New York, dated April 25, 1906, Jos. O.B. Webster,
Engineer of street opening", filed in the Office of the Register of the
County of New York on May 1, 1906, as Map No, 1109-A; and
RUNNING THENCE Westerly along the southerly side of Thames Street as
shown on said map, two hundred sixty-six and seventy-eight one
hundredths feet to the easterly side of Trinity Place;
THENCE Southerly along the easterly side of Trinity Place,
seventy-five and thirty one-hundredths feet to the northerly side of
Trinity Church Property;
THENCE Easterly along the northerly side of Trinity Church Property,
two hundred sixty and fifty-four one-hundredths feet to the westerly
side of Broadway; and
THENCE Northerly along the westerly side of Broadway, sixty-nine and
eight-one-hundredths feet, to the point or place of BEGINNING.
PARCEL II:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly
side of Broadway with the new line of the southerly side of Cedar
Street, as shown on a certain map entitled, "Map or Plan of the closing
and discontinuing of that part of Temple Street between Broadway and
Trinity Place or Church Street and that part of Temple Street between
the north side of Thames Street and a new street and the south side of
Cedar Street, as widened, and the laying out of a new street between
Broadway and Trinity Place or Church Street, to be known as Thames
Street, and the widening of Cedar Street on the southerly side thereof
between Broadway and Trinity Place or Church Street in the First Ward,
Borough of Manhattan, City of New York, dated April 25, 1906, Jos. O.B.
Webster, Engineer of street opening", filed in the Register of the
County of New York on May 1, 1906, as Map No. 1109-A; and
RUNNING THENCE Westerly along the said new line of Cedar Street, two
hundred seventy-five and thirty-one one hundredths feet to the easterly
side of Trinity Place;
THENCE Southerly along the easterly side of Trinity Place, sixty-one
eleven one-hundredths feet to the northerly side of Thames Street, as
shown on the above described map;
THENCE Easterly along the northerly side of Thames Street, two hundred
sixty-nine and sixty one-hundredths feet to the westerly side of
Broadway; and
THENCE Northerly along the westerly side of Broadway, sixty-one and
five one-hundredths feet to the point or place of BEGINNING.
PARCEL III:
TOGETHER WITH those certain rights and privileges in favor of Parcels
I and II, as contained in the Revocable Consent Agreement given by the
New York City Department of Transportation, as grantor, to Trinity
Centre LLC, as grantee, dated February 10, 2006 and recorded in the New
York City Register's Office on April 21, 2006, as CRFN 2006000225366.
PARCEL IV:
TOGETHER WITH those certain rights and privileges in favor of Parcels
I and II, as contained in the Revocable Consent Agreement given by the
New York City Department of Transportation, as grantor, to Trinity
Centre LLC, as grantee, dated February 10, 2006 and recorded in the New
York City Register's Office on April 21, 2006, as CRFN 2006000225398.
* NB There are 6 par (e-14)'s
* (e-14) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Onondaga, bounded
and described as follows:
Beginning at the intersection of the southwesterly boundary of Court
Street with the easterly boundary of Windham Avenue, said point also
being the northwesterly corner of said Lot No.314 of Lyncourt Lawns;
Thence S. 67Á-14'-30" E., along said southwesterly boundary of Court
Street, a distance of 225.86 feet to the northeasterly corner of said
Lot No.3;
Thence S. 22Á-45'-28" W., along the easterly boundary of said Lot No.3
of Lyncourt Knolls, a distance of 112.01 feet to the northerly boundary
of Lot No.5 of Lyncourt Knolls;
Thence N. 79Á-00'-48" W., along said northerly boundary of Lot No.5 of
Lyncourt Knolls, a distance of 107.26 feet to the easterly boundary of
Lot No.313 of Lyncourt Lawns;
Thence N. 10Á-43'-54" E., through said Lot No.1 of Lyncourt Knolls, a
distance of 81.52 feet to the easterly prolongation of the northerly
face of an existing concrete pad;
Thence N. 75Á-58'-26" W., along said easterly prolongation and along
said northerly face of the existing concrete pad and its westerly
prolongation, a distance of 105.0 feet to a point in the easterly
boundary of Windam Avenue;
Thence N. 22Á-41'-00" E., along said easterly boundary of Windham
Avenue, a distance of 70.10 feet to the point of beginning.
* NB There are 6 par (e-14)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Onondaga, bounded
and described as follows:
All that tract of parcel of land situate in the City of Syracuse,
County of Onondaga and State of New York, being part of Lot 16 and Lot
17 in Block 112 of said City and being more particularly bounded and
described as follows:
Beginning at the intersection of the westerly line of Montgomery
Street with the northerly line of East Jefferson Street;
Thence N. 89-48'10" W., along the northerly boundary of line of East
Jefferson Street, a distance of 199.72 feet to a point situate therein,
said point being S. 89-48'-10" E., a distance of 132.0 feet from the
southwesterly corner of Block 112 as measured along said northerly line
of East Jefferson Street;
Thence N. 00-03'-30" E., along the westerly line of Lot 17 and
continuing along the westerly line of Lot 16, a distance of 120.0 feet
to a point situate therein;
Thence S. 89-48'-10" E., parallel with the northerly line of East
Jefferson Street along the centerline of a party wall as described in a
deed recorded in the Onondaga County Clerk's in Liber of Deeds #349 at
page #148, a distance of 45.58 feet to a point therein;
Thence S. 00-03'-30" W., a distance of 5.0 feet more or less to a
point;
Thence S. 89-48'-10" E., parallel with the northerly line of East
Jefferson Street, a distance of 12.0 feet to a point situate in the
westerly line of lands conveyed by deed to Young Men's Christian
Association and recorded in the Onondaga County Clerk's in Liber of
Deeds #361 at page#363 & c;
Thence S. 00-00'-50" E., along the westerly line of said lands
conveyed to Young Men's Christian Association, s distance of 38.0 feet
to a point;
Thence S. 89-48'-10" E., a distance of 142.0 feet to a point situate
in the westerly of Montgomery Street;
Thence S. 00-00'-50" E., along the westerly line of Montgomery Street,
a distance of 77.0 feet to the point of beginning.
The hereinbefore described parcel of land is subject to and together
with any and all easements, restrictions and/or rights of way of record.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue, and/or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Suffolk, bounded
and described as follows:
All that certain parcel of land, situate, lying and being in the
incorporated Village of Northport, Town of Huntington, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly side of Main Street, distance
403 feet (tax map distance) from the corner formed by the intersection
of the Northerly side of Main Street with the Westerly side of Woodside
Avenue, said point also being where the Northerly line of land now or
formerly of O. Hartt intersects the Northerly side of Main Street;
RUNNING THENCE South 77 degrees 26 minutes 20 seconds West along the
Northerly side of Main Street, 50.00 feet to land now or formerly of
Annie S. Wild;
THENCE North 12 degrees 20 minutes 20 seconds West along said land of
Annie S. Wild, 199.99 feet to land now or formerly of Charles M. Wild
and Frances E. Wild;
THENCE along said last mentioned land, North 77 degrees 26 minutes 20
seconds East, 50.00 feet to land now or formerly of John W. Hiltman;
THENCE South 12 degrees 29 minutes 40 seconds East and along the land
now or formerly of John W. Hiltman, 50.00 feet to land now or formerly
of O. Hartt;
THENCE South 12 degrees 17 minutes 00 seconds East and along the land
now or formerly of O. Hartt, 149.99 feet to the Northerly side of Main
Street at the point or place of BEGINNING.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the city of Newburgh, county of Orange,
bounded and described as follows:
All that plot, piece, or parcel of land situate, lying and being in
the City of Newburgh, Orange County, New York, bounded and described as
follows:
Beginning at a point on the southerly side of Washington Street, said
point being in the division line between Lot 266 on the west and lands
now or formerly Agnello (Lot 267) Liber 6001 Page 317 on the east, and
running; thence
1. Along lands now or formerly Agnello (Lot 267), S. 04Á-53'-32" W.
100.00' to a point in Lot 209; thence
2. Along Lots 209 and 210, N. 85Á-13'-58" W. 50.00' to a point in Lot
264; thence
3. Along Lot 264, N. 04Á-53'-32" E. 100.00' to a point on the
southerly side of Washington Street; thence
4. Along the southerly side of Washington Street, S. 85Á-13'-58" E.
50.00' to the BEGINNING POINT.
CONTAINING: 5000 Square Feet or 0.115 Acres.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the borough of Brooklyn, county of
Kings, bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Brooklyn, County of Kings, City and State of New
York, bounded and described as follows:
BEGINNING at the corner formed by intersection of the easterly side of
Flatbush Avenue and the southerly side of Clarendon road;
RUNNING THENCE easterly along the southerly side of Clarendon Road,
100 feet;
THENCE southerly parallel with Flatbush Avenue, 21 feet 1-3/4 inches
to a point distant 20 feet southerly from the southerly side of
Clarendon Road, measured on a line at right angles thereto;
THENCE westerly and parallel with Clarendon Road and part of the
distance through a party wall, 100 feet to the easterly side of Flatbush
Avenue;
THENCE northerly along the easterly side of Flatbush Avenue, 21 feet
1-5/8 inches to the corner, the point or place of BEGINNING.
SAID PREMISES known as 1135 Flatbush Avenue, Brooklyn, New York.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the village of Malverne, town of
Hempstead, county of Nassau, state of New York being Lots 4, 5, 7 and a
portion of Lots 3 and 6 on a certain map entitled "Map No. 2 of Malverne
Estates situate at Malverne, L.I. adjoining Lynbrook, Nassau County,
N.Y. owned by Amsterdam Development and Sales Co. Inc., 1269 Broadway,
534 6th Avenue, N.Y.C. surveyed and mapped by Fairfield and Dow,
Engineers, Mineola, N.Y. April 1914" bounded and described as follows:
ALL THOSE CERTAIN plots, pieces or parcels of land, with improvements
thereon, situate, lying and being on Hempstead Avenue, in the city of
Malverne, county of Nassau, state of New York, all more particularly
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly
side of Nottingham Road with the new westerly side of Hempstead avenue;
running thence westerly along the northerly side of Nottingham Road on
the arc of a curve concave to the north, having a radius of 28.00 feet,
a central angle of 24 degrees 16 minutes and a chord distance of 11.77
feet which bears north 80 degrees 26 minutes 40 seconds west, thence
westerly along the arc of said curve a distance of 11.86 feet; thence
north 68 degrees 22 minutes 07 seconds west still along the northerly
side of Nottingham Road, a distance of 110.00 feet; thence north 21
degrees 37 minutes 53 seconds east, a distance of 99.65 feet; thence
south 67 degrees 41 minutes 01 seconds east, a distance of 20.00 feet;
thence south 21 degrees 37 minutes 53 seconds west, a distance of 49.41
feet; thence south 68 degrees 22 minutes 07 seconds east, a distance of
117.95 feet to the westerly side of Hempstead Avenue; thence south 40
degrees 42 minutes 30 seconds west along the westerly side of Hempstead
Avenue, 50.30 feet to the point of beginning. Said premises also known
as 269 Hempstead Avenue, Malverne, N.Y.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the Borough of Queens, county of
Queens, City and State of New York, bounded and described as follows:
AS TO LOT 3
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough
and County of Queens, City and State of New York, bounded and described
as follows:
BEGINNING at a point on the Northerly side of Hempstead Avenue, 100
feet wide, distant 40.01 feet Easterly from the corner formed by the
intersection of the Northerly side of Hempstead Avenue and the Easterly
side of 220th Street;
RUNNING THENCE Northerly parallel with 220th Street and part of the
distance through a party wall, 100.28 feet;
THENCE Easterly at right angles to the last mentioned course, 19.58
feet;
THENCE Southerly parallel with 220th Street and part of the distance
through a party wall 100.68 feet to the Northerly side of Hempstead
Avenue;
THENCE Westerly along the Northerly side of Hempstead Avenue, 19.58
feet to the point or place of BEGINNING.
Being and intended to be the same premises described in a deed from
Leroy Brown and Vernetta Brown to Dannie Lomas dated November 30, 2007
and recorded on December 5, 2007 in the City Registers Queens County
City Register File Number 2007000600283.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, provided such
premises constitute a premises for the sale of food or beverages at
retail for consumption on the premises located wholly within the
boundaries of the county of Queens, bounded and described as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND situated lying and
being in the Borough and County of Queens, City and State of New York
bounded and described as follows;
The location of the Museum would include the Premises, identified as
Block 644, p/o Lot 1 on the Tax Map for the Borough of Queens, New York
and known as "Building 13" with legal description as,
BEGINNING a point on the easterly side of 36th Street (60 feet wide),
distant 82.35 feet northerly from the corner fanned by the intersection
of the easterly side of 36th Street with the northerly side of 35th
Avenue (80 feet wide);
RUNNING THENCE easterly parallel with the northerly side of 35th
Avenue, 30.54 feet to a point;
THENCE northerly parallel with the easterly side of 36th Street, 34.95
feet to a point;
THENCE easterly parallel with the northerly side of 35th Avenue, 61.92
feet to a point;
THENCE northerly parallel with the easterly side of 36th Street, 7.83
feet to a point;
THENCE easterly parallel with the northerly side of 35th A venue, 107.
75 feet to the westerly side of 37th Street (60 feet wide);
THENCE northerly along the westerly side of 37th Street, 61.32 feet to
a point;
THENCE westerly at right angles to the westerly side of 37th Street,
200.21 feet to the easterly side of 36th Street;
THENCE southerly along the easterly side of 36th Street, 104.10 feet
to the point or place of BEGINNING.
In addition with additional land identified as Block 644, p/o Lot 1,
as the Expansion Premises,
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND situate lying and being
in the Borough and County of Queens, City and State of New York bounded
and described as follows;
BEGINNING at a point on the easterly side of 36th Street (60 feet
wide), distant 178.45 from the corner fanned by the intersection of the
easterly side of 36th Street, with the northerly side of 35th Avenue (80
feet);
RUNNING THENCE easterly at right angles to the easterly side of 36th
Street, 200.21 feet to the westerly side of 37th Street;
THENCE northerly along the westerly side of 37th Street (60 feet),
8.00 feet to a point;
THENCE westerly at right with the westerly side of 37th Street, 200.21
feet to the easterly side of 39th Street;
THENCE southerly along the westerly side of 37th Street, 8.00 feet to
the point or place of the BEGINNING.
* NB There are 8 par (e-15)'s
* (e-15) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail located wholly within the boundaries
of the borough of Manhattan, city of New York, county of New York,
bounded and described as follows:
The Condominium Unit ("Unit") known as Unit B or the Non-Residential
Unit in the building ("Building") known as the One Wall Street
Condominium ("Condominium") and by the street number One Wall Street,
Borough of Manhattan, County of New York, City and State of New York,
said Unit being designated and described as the Non-Residential Unit in
a certain declaration dated March 9, 2018, made by MIP One Wall Street
Acquisition LLC pursuant to Article 9-B of the Real Property Law of the
State of New York ("Condominium Act") establishing a plan for
condominium ownership of the Building and the land ("Land") upon which
the Building is situate (which Land is more particularly described
below), which declaration was recorded in the Office of the Register of
the City of New York of the County of New York ("Register's Office") on
June 29, 2018, as CRFN# 2018000215497 ("Declaration"). The Unit is also
designated as Tax Lot 1002 in Block 23 of the Borough of Manhattan on
the Tax Map of the Division of Land Records of the City of New York and
on the Tax Lot Drawings of the Building, certified by SLCE Architects on
April 19, 2018, and filed with the Department of Finance of the City of
New York on June 20, 2018, as Condominium Plan No. 2751 and also filed
in the Register's Office on June 29, 2018, as CRFN# 2018000215498;
TOGETHER with an undivided 17.4195% interest in the Common Elements
(as such term is defined in the Declaration), the land upon which the
Building containing the Unit is situate is described as:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
PARCEL A:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Broadway with the southerly side of Wall Street;
RUNNING THENCE southerly, along the easterly side of Broadway 178
feet, 8-3/4 inches to the northerly face of the northerly wall of the
building on the premises adjoining on the south;
HENCE easterly, along a line which makes an angle of 89 degrees, 17
minutes, and 30 seconds on its northerly side with the preceding course,
52 feet, 1 inch;
THENCE continuing easterly, along a line which makes an angle of 180
degrees, 24 minutes, 30 seconds on its northerly side with the preceding
course, 35 feet, 10 inches;
THENCE still easterly, along a line which makes an angle of 191
degrees 7 minutes and 30 seconds on its northerly side with the
preceding course, 12 feet, 10 inches;
THENCE still easterly, along a line which makes an angle of 166
degrees, 36 minutes on its northerly side with the preceding course, and
an angle of 86 degrees, 32 minutes, and 30 seconds with the westerly
side of New Street, 17 feet, 2 inches to the westerly side of New
Street;
THENCE northerly, along the westerly side of New Street on a line
which makes an interior angle with the last preceding course of 86
degrees, 32 minutes, 30 seconds, 44 feet, 2-3/4 inches;
THENCE still northerly, along the said westerly side of New Street, on
a line which makes an interior angle with the last preceding course of
181 degrees, 14 minutes and 0 seconds, 135 feet, 4-1/2 inches to the
corner formed by the intersection of the southerly side of Wall Street
with the westerly side of New Street;
THENCE westerly, along the said southerly side of Wall Street, the
following three courses and distances:
1. along a line which makes an interior angle with the last mentioned
course of 99 degrees, 46 minutes, and 50 seconds, 42 feet, 10-1/2
inches;
2. along a line which makes an interior angle with the said last
mentioned course of 175 degrees, 5 minutes, and 10 seconds, 19 feet, 3
inches; and
3. along a line which makes an interior angle with the last preceding
course of 175 degrees, 29 minutes and 10 seconds, 39 feet, 10 inches to
the corner first above mentioned, as the point or place of BEGINNING.
PARCEL B:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Broadway with the northerly side of Exchange Place;
RUNNING THENCE northerly along the easterly side of Broadway 184 feet
to the northerly face of the northerly wall of the building on premises
described herein, which point is the southerly line of land now of The
Bank of New York (as successor by merger to Irving Trust Company);
THENCE along the land now of The Bank of New York (as successor by
merger to Irving Trust Company); the courses and distances following;
1. Easterly along a line which makes an angle of 89 degrees 17 minutes
30 seconds on its northerly side with the easterly side of Broadway, 52
feet 1 inch;
2. Continuing easterly along a line which makes an angle of 180
degrees 24 minutes 30 seconds on its northerly side with the preceding
course, 35 feet 10 inches;
3. Still easterly along a line which makes an angle of 191 degrees 7
minutes 30 seconds on its northerly side with the preceding course 12
feet 10 inches;
4. Still easterly along a line which makes an angle of 166 degrees 36
minutes on its northerly side with the preceding course and an angle of
86 degrees 32 minutes and 30 seconds with the westerly side of New
Street 17 feet 2 inches to the westerly side of New Street;
THENCE southerly along the westerly side of New Street 177 feet 7-1/2
inches to the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place; 132 feet 6
inches to the easterly side of Broadway, to the point or place of
BEGINNING.
* NB There are 8 par (e-15)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the Borough of Queens, county of
Queens, City and State of New York, bounded and described as follows:
All that lot or parcel of land, situate, lying and being in the fourth
yard of the borough of Queens, County of Queens, City of New York, and
state of New York, a certain plot of land being lots numbered five
hundred fourteen (514), five hundred fifteen (515), and five hundred
sixteen (516), in block fifteen (15) on a certain map entitled "Map of
Rosedale Terrace," surveyed December 1905, and May 1906, by Evans Bronx,
Jamaica, NY, and filed in the office of the Clerk of said county of
Queens, on the 18th day of February, 1907, and known as Map number 418,
No. 2. said premises being situated on the southeast corner of
Brookville Boulevard, and Stratford Avenue, Rosedale, Queens County, New
York being a plot with a frontage on Brookville Boulevard, of
approximately sixty (60) feet and a frontage on Stratford Avenue, of
approximately seventy-four (74) feet, irregular. Together with the
appurtenances and all the estate and right of the length of that first
part, in and to said premises.
Being and intended to be the same premises described in a deed from
George Deutch and Angela Deutch to Rosedale-Laurelton American Legion
Post 483 dated August 29th, 1934 and recorded with the Queens County
Office of the Register August 31st, 1934 in the Queens County City
Register File Number 18865.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision or paragraph (a) of subdivision three of section one hundred
five of this chapter, the authority may issue retail licenses for a
premises which shall be within two hundred feet of a building occupied
exclusively as a school, church, synagogue or other place of worship,
provided such premises constitutes a premises for the sale of food or
beverages at retail located wholly within the boundaries of the borough
of Manhattan, city of New York, county of New York, bounded and
described as follows:
The Condominium Unit ("Unit") known as Unit B or the Non-Residential
Unit in the building ("Building") known as the One Wall Street
Condominium ("Condominium") and by the street number One Wall Street,
Borough of Manhattan, County of New York, City and State of New York,
said Unit being designated and described as the Non-Residential Unit in
a certain declaration dated March 9, 2018, made by MIP One Wall Street
Acquisition LLC pursuant to Article 9-B of the Real Property Law of the
State of New York ("Condominium Act") establishing a plan for
condominium ownership of the Building and the land ("Land") upon which
the Building is situate (which Land is more particularly described
below), which declaration was recorded in the Office of the Register of
the City of New York of the County of New York ("Register's Office") on
June 29, 2018, as CRFN# 2018000215497 ("Declaration"). The Unit is also
designated as Tax Lot 1002 in Block 23 of the Borough of Manhattan on
the Tax Map of the Division of Land Records of the City of New York and
on the Tax Lot Drawings of the Building, certified by SLCE Architects on
April 19, 2018, and filed with the Department of Finance of the City of
New York on June 20, 2018, as Condominium Plan No. 2751 and also filed
in the Register's Office on June 29, 2018, as CRFN# 2018000215498;
TOGETHER with an undivided 17.4195% interest in the Common Elements
(as such term is defined in the Declaration), the land upon which the
Building containing the Unit is situate is described as:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
PARCEL A:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Broadway with the southerly side of Wall Street;
RUNNING THENCE southerly, along the easterly side of Broadway 178
feet, 8-3/4 inches to the northerly face of the northerly wall of the
building on the premises adjoining on the south;
HENCE easterly, along a line which makes an angle of 89 degrees, 17
minutes, and 30 seconds on its northerly side with the preceding course,
52 feet, 1 inch;
THENCE continuing easterly, along a line which makes an angle of 180
degrees, 24 minutes, 30 seconds on its northerly side with the preceding
course, 35 feet, 10 inches;
THENCE still easterly, along a line which makes an angle of 191
degrees 7 minutes and 30 seconds on its northerly side with the
preceding course, 12 feet, 10 inches;
THENCE still easterly, along a line which makes an angle of 166
degrees, 36 minutes on its northerly side with the preceding course, and
an angle of 86 degrees, 32 minutes, and 30 seconds with the westerly
side of New Street, 17 feet, 2 inches to the westerly side of New
Street;
THENCE northerly, along the westerly side of New Street on a line
which makes an interior angle with the last preceding course of 86
degrees, 32 minutes, 30 seconds, 44 feet, 2-3/4 inches;
THENCE still northerly, along the said westerly side of New Street, on
a line which makes an interior angle with the last preceding course of
181 degrees, 14 minutes and 0 seconds, 135 feet, 4-1/2 inches to the
corner formed by the intersection of the southerly side of Wall Street
with the westerly side of New Street;
THENCE westerly, along the said southerly side of Wall Street, the
following three courses and distances:
1. along a line which makes an interior angle with the last mentioned
course of 99 degrees, 46 minutes, and 50 seconds, 42 feet, 10-1/2
inches;
2. along a line which makes an interior angle with the said last
mentioned course of 175 degrees, 5 minutes, and 10 seconds, 19 feet, 3
inches; and
3. along a line which makes an interior angle with the last preceding
course of 175 degrees, 29 minutes and 10 seconds, 39 feet, 10 inches to
the corner first above mentioned, as the point or place of BEGINNING.
PARCEL B:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Broadway with the northerly side of Exchange Place;
RUNNING THENCE northerly along the easterly side of Broadway 184 feet
to the northerly face of the northerly wall of the building on premises
described herein, which point is the southerly line of land now of The
Bank of New York (as successor by merger to Irving Trust Company);
THENCE along the land now of The Bank of New York (as successor by
merger to Irving Trust Company); the courses and distances following;
1. Easterly along a line which makes an angle of 89 degrees 17 minutes
30 seconds on its northerly side with the easterly side of Broadway, 52
feet 1 inch;
2. Continuing easterly along a line which makes an angle of 180
degrees 24 minutes 30 seconds on its northerly side with the preceding
course, 35 feet 10 inches;
3. Still easterly along a line which makes an angle of 191 degrees 7
minutes 30 seconds on its northerly side with the preceding course 12
feet 10 inches;
4. Still easterly along a line which makes an angle of 166 degrees 36
minutes on its northerly side with the preceding course and an angle of
86 degrees 32 minutes and 30 seconds with the westerly side of New
Street 17 feet 2 inches to the westerly side of New Street;
THENCE southerly along the westerly side of New Street 177 feet 7-1/2
inches to the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place; 132 feet 6
inches to the easterly side of Broadway, to the point or place of
BEGINNING.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision or paragraph (a) of subdivision three of section one hundred
five of this chapter, the authority may issue retail licenses for a
premises which shall be within two hundred feet of a building occupied
exclusively as a school, church, synagogue or other place of worship,
provided such premises constitutes a premises for the sale of food or
beverages within the Town and Village of Mount Kisco, County of
Westchester and State of New York at retail located wholly within the
boundaries of the bounded and described as follows:
BEGINNING at a point on the easterly side of East Main Street where
the same is intersected by the division line between the premises
hereinafter described and land now or formerly of Thresa Gonzales, Joan
and Peter DiPaolo,
RUNNING THENCE along said division line, North 87 degrees 4'20" East
157.41 feet to a point on the westerly side of land now or formerly of
Rilma Cabrebra,
THENCE along same, South 3 degrees 5'20" West 69.16 feet, and South 3
degrees 42'20" West 32.92 feet to a point on the northerly side of land
now or formerly of Main Street Prime Properties;
THENCE along the same, South 60 degrees 31'10" West 60.41 feet to a
point on the easterly side of land now or formerly of 159th East Main
Street Associate;
THENCE along the easterly and northerly sides of said last mentioned
land, North 29 degrees 28'50" West 25 feet, and South 60 degrees 31'10"
West 67.58 feet to the easterly side of Main Street;
THENCE along the same the following courses and distances,
Northerly on a curve to the right, having a radius of 252.58 feet, a
distance of 0.48 feet, and northerly on a curve to the right, having a
radius of 350 feet, a distance of 82.81 feet, and North 7 degrees 26'40"
West 55.01 feet to the point of BEGINNING.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Saratoga, bounded and
described as follows:
All that certain tract, piece or parcel of land, situate, lying and
being in the city of Saratoga Springs, county of Saratoga and state of
New York, bounded and described as follows:
Commencing at a point in the northerly line of Washington Street where
the division line between the land hereby described and the land now or
late of Peter V. Wiggins meets the said northerly line of Washington
Street and running thence westerly along the said northerly line of
Washington Street one hundred ten (110') feet more or less to the
division line between the land hereby described and the land now or late
of Edward R. Stevens thence northerly along the easterly line of the
said now or late of Edward R. Stevens one hundred seventy-one feet and
six inches more or less to the line of the land of the United States
Hotel, thence easterly along the line of land of the United States
Hotel, thence easterly along the line of the United States Hotel one
hundred twelve feet more or less and thence southerly along the westerly
line of said land of late Peter V. Wiggins two hundred feet more or less
to the northerly line of Washington Street at the place of beginning.
Being the same premises described in an exclusive easement from the
Universal Baptist Church of Saratoga Springs, New York to Saratoga
Springs Universal Preservation Hall, dated January 26, 2004 and recorded
in the Saratoga County Clerk's Office on February 25, 2004 in Book 1674
of Deeds at Page 268.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Onondaga, bounded and
described as follows:
All that certain tract, piece or parcel of land, situate, lying and
being in the village of North Syracuse, county of Onondaga and state of
New York, bounded and described as follows:
Beginning at a drill hole in the sidewalk near the northwesterly
corner of the building located at the southeasterly comer of South Main
Street and Church Street, in the Village of North Syracuse, New York,
thence south. twenty-eight degrees, fifty minutes west, along the
easterly bounds of the street known as South Main Street, 48.81 feet to
the continuation of the northerly edge of the concrete block building
now leased to the American Stores Company; thence south. sixty-two
degrees 51 minutes and 30 seconds east, 94.31 feet to a stake; thence
south, eleven degrees 01 minutes and 50 seconds west, 31.58 feet to a
stake; thence south, sixty-two degrees, fifty-eight minutes and ten
seconds east, 45.97 feet to a stake set in the easterly line of Farm Lot
No. 79 of the Town of Clay, being the Town Line between the Towns of
Clay and Cicero. Onondaga County, New York; thence north, 5 degrees 40
minutes and 40 seconds East, 104.01 feet to a chisel mark in the south
bounds of the sidewalk on the southerly side of Church Street; thence
north, 72 degrees 05 minutes west, 10.96 feet, along the south bounds of
the sidewalk to the point or place of beginning, together with all the
lands lying between the boundaries above set forth and the center lines
of Church and South Main Streets.
BEING the same premises conveyed by Deed from Joan M. France Conway,
as Executrix of the Will of Pauline M. France to Joan M. France Conway
dated December 12, 1992 and recorded February 1 7, k 993 in the Onondaga
County Clerk's Office in Book 3827 at Page 56.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Kings in the
Borough of Brooklyn in the city of New York, bounded and described as
follows:
ALL THAT CERTAIN PLOT, piece of parcel of land, situate, lying and
being in the Borough of Brooklyn, County of Kings and State of New York,
bounded and described as follows:
BEGINNING AT A POINT on the corner of easterly side of Hewes Street
and the southerly side of South 5th Street;
RUNNING THENCE easterly the southerly side of South 5th Street 101
feet 7 inches (101 feet 6 inches tax map);
THENCE southerly parallel with Hewes Street 100 feet 2 1/8 inches
description (100 feet 0 inches tax map);
THENCE westerly parallel with South 5th Street 101 feet 7 inches (101
feet 6 inches tax map) to the easterly side of Hewes Street;
THENCE northerly along the easterly side of Hewes Street 100 feet 2
1/8 inches (100 feet 0 inches description) to the southerly side of
South 5th Street to the point or place of BEGINNING.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the borough of Manhattan, county
of New York, city and state of New York, bounded and described as
follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at the corner formed by intersection of the Northerly side
of Twenty-Ninth Street with the Easterly side of Third Avenue and
running thence Northerly along the Easterly Side of said Avenue
Twenty-Four (24) feet and Four and One-Quarter (4-1/4) inches, thence
Easterly and parallel with Twenty-Ninth Street and Fifty-Nine (59) Feet,
thence Southerly parallel with said Avenue, Twenty-Four Feet and Four
and One-Quarter (4-1/4) inches to Twenty-Ninth Street and thence
Westerly along Twenty-Ninth Street, Fifty-Nine feet to the point of
place of Beginning.
SAID PREMISES being known as and located at 415 Third Avenue, New
York, New York and designated as Block 910 Lot 1 as shown on the Tax Map
of the City of New York, County of New York.
SAID PREMISES being and intended to be the same premises conveyed to
the party of the first part by deed dated 8/23/2013 and recorded on
11/15/2013 in the New York City Register's Office as CRFN 2013000471055.
* NB There are 9 par (e-16)'s
* NB Repealed unless licensee immediately obtains a leasehold upon
sale or transfer of such parcel (see § 2 of chapter 278 of 2024)
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Washington, bounded and
described as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in
the Village of Hudson Falls, County of Washington and the State of New
York, more particularly bounded and described as follows:
BEGINNING at a point in the westerly line of Main Street at the
northeasterly corner of the lands conveyed to C. Bruce Wetmore and Gary
C. Wilson by deed dated August 12, 1988 and recorded in Book 580 of
deeds at page 289; thence running South 75 degrees, 21 minutes and 12
seconds West to and along and beyond the face of the two story brick
building on the premises described herein being also the northerly
bounds of the lands of said Wetmore and Wilson, a distance of 77.00 feet
to the northwesterly corner of said lands of Wetmore and Wilson; thence
running North 14 degrees, 28 minutes and 43 seconds West, a distance of
28.22 feet along the lands now or formerly of Erskine Rogers, Jr., to
the southerly bounds of the lands of Drake Brothers, Inc.; thence
running North 75 degrees, 21 minutes and 47 seconds East along said
lands to and along and beyond the face of the two story brick building
on the premises herein described, a distance of 77.00 feet to the
westerly bounds of said Main Street; thence running South 14 degrees, 28
minutes and 43 seconds East, a distance of 28.20 feet to the point and
place of beginning.
Bearings given in the above description refer to the magnetic meridian
as of November, 1970.
* NB There are 9 par (e-16)'s
* (e-16) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the city of Ithaca,
county of Tompkins, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County
of Tompkins and State of New York, being more particularly bounded and
described as follows:
BEGINNING at a point marked in the west street line of North Cayuga
Street, which point is marked by a drill hole and which point is also
located 214' +/- northerly along said street line from its intersection
with the north street line of West Buffalo Street;
RUNNING THENCE North 00Á 03' 52" East along the west street line of
North Cayuga Street a distance of 185.96' to a point in the south street
line of West Court Street which point is 0.9' southwesterly of a point
at which a traffic signal pole is located;
RUNNING THENCE South 89Á 43' 33" West along the south street line of
West Court Street a distance of 200.79' to a point in said street line
that is marked by a nail found, which point is also the northeast corner
of premises now or formerly of Tompkins County Senior Citizens Council,
Inc. (hereinafter referred to as "TCSCC")(Liber 776 of Deeds at page
266);
RUNNING THENCE South 00Á 03' 05" West along said premises now or
formerly of TCSCC a distance of 100.00' to a point;
RUNNING THENCE North 87Á 46' 28" West along said premises now or
formerly of TCSSC a distance of 5.23' to a point, which point is South
87Á 46' 28" East a distance of 12.27' from a point marked by a nail
found in the east line of said premises now or formerly of TCSCC;
RUNNING THENCE South 00Á 03' 52" West along the east line of said
premises now or formerly of TCSCC a distance of 85.55' to a point marked
by a pin found, which point is also the northwest corner of premises now
or formerly of Seaney (Instrument No. 586336-005)
RUNNING THENCE North 89Á 54' 16" East along the north line of said
premises now or formerly of Seaney a distance of 205.99' to a point in
the westt street line of North Cayuga Street and the point or place of
beginning.
* NB There are 9 par (e-16)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Columbia, bounded and
described as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in
the City of Hudson, County of Columbia and the State of New York, more
particularly bounded and described as follows:
BEGINNING at a point formed by the intersection on the presumed
northeasterly line of Warren Street with the presumed southeasterly line
of Fourth Street at or near the corner of the brick building on this
property; thence running North 44 degrees, 15 minutes and 30 seconds
East for a distance of 77.65 feet and North 44 degrees, 15 minutes and
30 seconds East for a distance of 42.35 feet to the presumed
southwesterly line of Prison Alley; thence running South 45 degrees, 44
minutes and 30 seconds East for a distance of 20.29 feet, South 45
degrees, 44 minutes and 30 seconds East for a distance of 29.71 feet,
and South 45 degrees, 44 minutes and 30 seconds East for a distance of
28.94 feet to the lands now or formerly of White Whale Limited known as
408-410 Warren Street and described in deed 749 page 1640; thence
running South 44 degrees, 15 minutes and 30 seconds West for a distance
of 120.00 feet to the presumed northeasterly line of Warren Street;
thence running North 45 degrees, 44 minutes and 30 seconds West for a
distance of 28.94 feet and North 45 degrees, 44 minutes and 30 seconds
West for a distance of 50.00 feet to the point or place of beginning.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the city of Rochester,
county of Monroe, bounded and described as follows:
THAT TRACT OR PARCEL OF LAND in the City of Rochester, Monroe County,
New York, known as Lot #7 of the Willian Horcheler Subdivision, of Lots
31 and 32 of the Munger Tract, situated on the south west corner of
South Avenue and Gregory Street, as the same is laid down on a map
thereof filed in Monroe County Clerk's Office in Liber 26 of Maps, page
34.
Said Lot #7 being 77 feet on the north side and 43.25 feet on the west
end, 76.99 feet on the south side and 45.28 feet on the east end, as
measured along the street line of South Avenue as will more fully appear
by said map.
Also all the right, title and interest of the party of the first part
in and to a certain easement granted to one William Horscheler by Henry
Kroegr and Anna C. Kroeger, his with by instrument dated August 27,
1926, acknowledged the same day and recorded in Monroe County Clerk's
Office August 30, 1926, in Liber 1379 of Deeds, page 210.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Orange in the city
of Middletown, bounded and described as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the City of
Middletown, County of Orange and State of New York, being shown and
designated as Lot No. 10 on a certain map entitled, "Lands of Frank M.
Stratton," which map was filed on January 2, 1896 in the Orange County
Clerk's Office as Filed Map No. 222, bounded and described as follows:
BEGINNING at a point in the westerly line of North Street at the
southeasterly corner of lands of 42 North Street LLC (Liber 14773 Page
760) and also being the northeasterly most corner of the herein
described parcel;
THENCE from the said point or place of beginning and following along
the westerly line of North Street, South 21 degrees 15 minutes 00
seconds West, 23.00 feet to a point;
THENCE along the line of lands of Rehoboth Christian Center, Inc.
(Liber 4572 Page 146) and along a common party wall, North 68 degrees 45
minutes 00 seconds West, 100.25 feet to a point;
THENCE along an Alley Way, North 20 degrees 45 minutes 06 seconds
East, 23.00 feet to point;
THENCE along the lands of said 42 North Street LLC and along a common
party wall, South 68 degrees 45 minutes 00 seconds East, 100.45 feet to
the point or place of BEGINNING.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Orange in the city
of Middletown, bounded and described as follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the City of
Middletown, County of Orange, State of New York, and being more
accurately bounded and described as follows:
BEGINNING at a point in the easterly line of North Street at the
northeasterly building corner which lies on the herein described parcel
and at the southwesterly building corner which lies on the lands of
Beakes; thence from the said point or place of beginning and following
along a common brick party wall and along the line of lands of Beakes,
South 62 degrees 17' 25" East a distance of 51.50 feet to a point;
thence along the line of lands of City of Middletown and passing through
a concrete wall, South 21 degrees 17' 35" West a distance of 16.83 feet
to a point; thence still along the lien of lands of the City of
Middletown and passing along a common brick party wall, North 61 degrees
51' 40" West a distance of 54.00 feet to a point in the easterly line of
North Street; thence along the easterly line of North Street, North 29
degrees 52' 40" East a distance of 16.33 feet to the point or place of
BEGINNING.
BEING and intended to be the same premises conveyed to Paul Wyman by
deed from F.D. Kernochan, Inc., dated May 14, 1997 and recorded in the
Orange County Clerk's Office on May 16, 1997, in Liber 4570, page 16.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Orange in the city
of Middletown, bounded and described as follows:
Schedule C
All that certain plot, piece or parcel of land situate, lying and
being in the City of Middletown, County of Orange and State of New York,
bounded and described as follows:
BEGINNING at a point on the southeasterly side of North Street, said
point being the southwesterly corner of lands now or formerly of DeGraw
Equity (liber 5208 page 260);
THENCE South 59 degrees 45 minutes 09 seconds East, a distance of
104.24 feet passing through a party wall and along the lands now or
formerly DeGraw Equity (liber 5208 page 260) to a building corner;
THENCE along the lands now or formerly Glendening (liber 4778 pages
277 & 281) the following three (3) courses and distances:
1. South 59 degrees 42 minutes 20 seconds East, a distance of 30.00
feet;
2. South 30 degrees 47 minutes 00 seconds West, a distance of 23.89
feet;
3. South 34 degrees 37 minutes 40 seconds East, a distance of 26.38
feet to a building corner;
THENCE South 30 degrees 47 minutes 00 seconds West, a distance of
51.08 feet along the lands now or formerly Glendening (liber 4778 page
261) and Foley (liber 2334 page 295) to a point;
THENCE along the lands now or formerly Foley (liber 2334 page 295) the
following four (4) courses and distances:
1. North 61 degrees 09 minutes 30 seconds West, a distance of 60.00
feet;
2. North 82 degrees 02 minutes 01 seconds West, a distance of 20.03
feet;
3. South 30 degrees 46 minutes 54 seconds West, a distance of 0.94
feet;
4. North 59 degrees 50 minutes 59 seconds West, a distance of 84.24
feet passing through a party wall to a point;
THENCE North 30 degrees 47 minutes 04 seconds East, a distance of
89.54 feet along the southeasterly side of North Street to the point or
place of BEGINNING.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the Borough of Brooklyn, county of
Kings, bounded and described as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erect lying and being in the Borough of Brooklyn,
County of Kings, City and state of New York, bounded and described as
follows:
BEGINNING at a point on the Westerly side of flatbush Avenue distant
an one hundred (100) feet Northerly from the corner formed by the
intersection of the Northerly side of Avenue R with the Westerly side of
Flatbush Avenu;
RUNNING THENCE Westerly parallel with Avenue R, one hundred (100)
feet;
THENCE Northerly parallel with Flatbush Avenue, twenty-six feet 8
inches (26'8") to
THENCE Southerly along the Westerly side of Flatbush Avenue,
twenty-six feet eight inches (26'8") to the point or Place of BeGINNING
Thence Easterly again parallel with Avenue R and part of the distance
or distant through a party wall, one hundred (100) feet to the Westerly
side of Flatbush Avenue; SAID PREMISES being known as by the Street
number 2192-92A Flatbush Avenue, Brooklyn NY
BEING THE SAME premises convey to the grantor herein by deed 10/7/97
and recorded in Reel4035, page 1017
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the Borough of Brooklyn, county
of Kings, bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being
in the Borough of Brooklyn, County of Kings, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side
of Nostrand Avenue with the northerly side of Rutland Road;
RUNNING THENCE northerly, along the westerly side of Nostrand Avenue, 20
feet,
THENCE westerly, parallel with Rutland Road and part of the distance
through party wall 80 feet;
THENCE southerly parallel with Nostrand Avenue, 20 feet to the northerly
side of Rutland Road;
THENCE easterly along the northerly side of Rutland Road, 80 feet to the
point or place of BEGINNING.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the county of Ontario,
bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Phelps Gorham Tract,
Township 11, Range 1, Village of Phelps, Town of Phelps, County of
Ontario, and State of New York, all of which is shown on a map prepared
by David M. Clark, PLS entitled "Instrument Survey of Lands of Patricia
R. Quigley" last dated November 4, 1995, Job No. 218.00, and being more
particularly described as follows:
BEGINNING at a point in the apparent easterly street line of Church
Street at the southwest corner of lands of Harold E. and Wilma B. Neff
(Liber 684, Page 884), said point being 177 feet, more or less, south of
the new existing southerly curb line of Main Stret thence the following
five courses and distances:
1. Thence, South 14-43-39 West along the apparent easterly street line
of Church Street, a distance of 23.78 feet to a point at the northwest
corner of lands of John F. Riley (Liber 951, Page 172);
2. Thence, South 74-38-00 East along the northerly line of lands of
John F. Riley (liber 951, Page 172) a distance of 101.45 feet to an iron
pin at the northeast corner of lands of said John F. Riley;
3. Thence, North 59-48-26- East along the westerly line of lands of
Stephen T. Calloway (Liber 840, Page 384 a distance of 2.48 feet to an
iron pin set:
4. Thence, North 38-12-53 East along the westerly line of lands of
said Stephen T. Calloway and the westerly line of lands of the Town of
Phelps (liber 858, Page 5) a distance of 25.12 feet to an iron pine set
at the southwest corner of lands of Harold E. and Wilma B. Neff (liber
682, Page 914); and
5. Thence, North 75-10-57 West along the southerly line of lands of
said Harold E. and Wilma B. Neff (Liber 682, P914) and along the
southerly face of the building of lands of said Harold E. and Wilma B.
Neff (L684, P884) a distance of 113.21 feet to a point in the apparent
street line of Church Street, said point being the point and place of
beginning.
* NB There are 9 par (e-17)'s
* (e-17) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a church, synagogue or other place of
worship, provided such premises constitute a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Queens, bounded and
described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough and County of Queens, City and State of New York,
bounded and described as follows:
BEGINNING at a point on the southerly side of Skillman Avenue, distant
44 feet easterly from the corner formed by the intersection of the
easterly side of 48th Street, formerly Grosman Avenue, with the
southerly side of Skillman Avenue;
RUNNING THENCE southerly at right angles to Skillman Avenue and part
of the distance through a party wall 74.20 feet;
THENCE Easterly parallel with the southerly side of Skillman Avenue,
19 feet;
THENCE northerly again at right angles to Skillman Avenue and part of
the distance through a party wall 74.20 feet to the southerly side of
Skillman Avenue;
THENCE westerly along the southerly side of Skillman Avenue, 19 feet
to the point or place of BEGINNING.
TOGETHER with the Bakery over and improvement on the property
immediately adjoining on the East which is subject to an Easement in
favor of the owner on the West to maintain an encroachment of a part of
the building as it now stands upon the Southwest portion of his premises
immediately adjourning on the East more particularly bound and described
in Deed dated October 15, 1970, recorded in Reel 433 page 874, by which
conveyance title to the premises herein.
* NB There are 9 par (e-17)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the borough of Manhattan, county
of New York, city and state of New York, bounded and described as
follows:
Any licensed retailer located on the first floor and basement of all
that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:
BEGINNING at a point formed by the intersection of the westerly side
of Second Avenue with the northerly side of 53rd Street, running thence
Northerly along the westerly side of Second Avenue, 25 feet 5 inches,
thence Westerly and parallel with 53rd Street and through the center of
a party wall, 61 feet 5 inches, thence Southerly parallel with Second
Avenue, 25 feet 5 inches to the northerly side of 53rd Street, and
thence Easterly along the northerly side of 53rd Street, 61 feet 5
inches to the point of place of beginning.
SAID PREMISES also being known as and by the street address 1003
Second Avenue, New York, New York and designated as Block 1327, Lot 21
as shown on the tax map of the City of New York, County of New York.
* NB There are 7 par (e-18)'s
* NB Repealed unless licensee immediately obtains a leasehold upon
sale or transfer of such parcel (see § 2 of chapter 177 of 2026)
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the borough of Manhattan, county
of New York, city and state of New York, bounded and described as
follows:
PARCEL I:
Subject tract now known as Lot 22 Block 1660 on the Tax Map of the
City of New York, New York County State of New York and more
particularly described as follows:
BEGINNING at a point on the westerly side of 2nd Avenue distant 25
feet 5 inches (25.17 feet tax map) northerly of the corner formed by the
intersection of the northerly side of East 1 10th Street and the
westerly side of 2nd Avenue;
RUNNING THENCE westerly parallel with northerly side East 110th Street
and part of the distance through a party wall, 75 feet to a point;
THENCE northerly parallel with the westerly side of 2nd Avenue, 25
feet 3 inches (25.25 feet tax map) to a point;
THENCE easterly parallel with the northerly side of East 110th Street,
75 feet to the westerly side of 2nd Avenue to a point;
THENCE southerly along the westerly side of 2nd Avenue, 25 feet 3
inches (25.25 feet tax map) to the point or place of BEGINNING.
SAID PREMISES BEING KNOWN AS AND BY; 2143 2nd Avenue New York, New
York 10029, Block 1660 Lot 22 New York County.
PARCEL II:
ALL that certain plot piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan and City, County, and State of New York bounded and being
known as Lot 23 Block 1660 on the Tax Map of the City of New York, New
York County State of New York and more particularly described as
follows:
BEGINNING at a point on the westerly side of 2nd Avenue distant 50
feet 5 inches (50.42 feet tax map). northerly of the corner formed by
the intersection of the northerly side of East 110th Street and the
westerly side of 2nd Avenue;
RUNNING THENCE westerly parallel with northerly side East 1 10th
Street and part of the distance through a party wall, 75 feet to a
point;
THENCE northerly parallel with the westerly side of 2nd Avenue, 25
feet 3 inches (25.25 feet tax map) to a point;
THENCE easterly parallel with the northerly side of East 110th Street,
75 feet to the westerly side of 2nd Avenue to a point;
THENCE southerly along the westerly side of 2nd Avenue, 25 feet 3
inches (25.25 feet tax map) to the point or place of BEGINNING.
SAID PREMISES BEING KNOWN AS AND BY; 2145 2nd Avenue New York, New
York 10029, Block 1660 Lot 23 New York County.
* NB There are 7 par (e-18)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Manhattan, bounded
and described as follows:
AS TO THE FEE PARCEL:
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the Easterly
side of Greenwich Street with the Southerly side of Thames Street;
RUNNING THENCE Easterly along the Southerly side of Thames Street, 119
feet 3-1/2 inches to the ground now or late belonging to James Walker
and formerly leased to E. Devoe and M. Williams;
THENCE Southerly along the same, 79 feet 8 inches to the Southerly
line of land conveyed by the Rector, Church Wardens and Vestrymen of the
Protestant Episcopal Church of St. Stephens of the City of New York to
The Hamilton Building Company by Deed dated February 1, 1907 and
recorded February 4, 1907 in Liber 110 Cp 42 Sec. 1 in the Office of the
Register of the County of New York;
THENCE Westerly along the same, 106 feet 10 inches, more or less
(deed) 107.01 feet (actual) to the Easterly side of Greenwich Street;
and
THENCE Northerly along the said Easterly side of Greenwich Street, 82
feet 7 inches to the point or place of BEGINNING.
AS TO THE EASEMENT PARCEL:
Easements, for the benefits of Fee Parcel, over the parcel of land
described below, for light and air, and unobstructed view, above a lower
limiting plane at an elevation of 129.38 feet above Datum Level (such
Datum Level 2.75 feet above the United States Coast and Geodetic Survey
Datum, mean sea level, Sandy Hook, New Jersey), as described in (and
subject to the terms and conditions of) (i) Section 2(c) of that certain
Zoning Lot Development and Easement Agreement dated September 7, 2012,
between 86 Trinity Place LLC, as Owner, and 22 Thames Street LLC, as
Developer, recorded 10/9/12 in CRFN 2012000398746 in the Office of the
City Register of the City of New York and (ii) that certain Light and
Air Easement Agreement dated September 7, 2012, between 86 Trinity Place
LLC, as Grantor, and Henry II Thames LP, as Grantee, recorded 10/9/12 in
CRFN 2012000398750 in the Office of the City Register of the City of New
York.
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County, City and State of New York,
bounded and described as follows:
BEGINNING at a point on the Easterly side of Greenwich Street, distant
82 feet 8 inches Southerly from the corner formed by the intersection of
the Easterly side of Greenwich Street with the Southerly side of
Thames Street;
RUNNING THENCE Southerly along the Easterly side of Greenwich Street,
178 feet 2 inches to the Northerly face of the Northerly wall of the
building erected on the premises adjoining on the South;
THENCE Easterly along the Northerly face of the Northerly wall of the
building on the premises adjoining on the South and on a line in
continuation thereof, 107 feet 1-1/4 inches;
THENCE Northwesterly on a line forming an angle in the Northwest
quadrant of 84 degrees 12 minutes 20 seconds with the last mentioned
course, 47 feet 8-1/4 inches to the centre of a party wall;
THENCE Easterly along the centre of said party wall, 52 feet 2-1/2
inches to the Westerly side of Trinity Place;
THENCE Northerly along the Westerly side of Trinity Place, 124 feet
7-3/4 inches to the Southerly face of the Southerly wall of the building
erected on the premises adjoining on the North;
THENCE Westerly along the Southerly face of said wall and on a line
drawn in the continuation thereof, 74 feet 5 inches;
THENCE Northerly, 4 inches;
THENCE Westerly and partly along the Southerly face of the Southerly
wall of the building adjoining on the North, 107 feet 1-3/4 inches to
the point or place of BEGINNING.
* NB There are 7 par (e-18)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the village of Lake
Placid, town of North Elba, county of Essex, bounded and described as
follows:
ALL THAT CERTAIN PIECE OR 0.35 ACRE PARCEL OF LAND situate in the
Village of Lake Placid, Town of North Elba, County of Essex, State of
New York, being part of Lot 258, Township 11, Old Military Tract,
Richards' Survey lying west of the center of Main Street, so called, aka
NYS Route 86, S.H. No. 1511, and said parcel being more particularly
bound and described as follows:
BEGINNING at a point in the east bounds of Main Street at the
southeast corner of the premises herein described and being the
northeast corner of the Episcopal Church of Lake Placid, located North
18Á 08' 10" East, 129 feet, more or less, from the bounds of Hayes
Street fka Park Street; thence North 69Á 59' 28" West, 161.59 feet along
the south line of the parcel to a point at the southwest corner marked
by a 5/8 inch iron rod with a plastic cap, and said course passing
through a 3/4 inch drill hole in a stone masonry retaining wall at a
distance of 0.30 feet;
Thence, North 18Á 27' 00" East, 90.24 feet along the west line of the
premises marked by a decorative wire fence to a point at the northwest
corner and marked by a 5/8 inch iron rod, and said point being in the
south line of a twenty (20') foot wide right-of-way in common with
others running east/west between Elm Street fka Woodland Terrace and
Main Street, and known as Margaret Place;
Thence, South 72Á 17' 47" East, 161.02 feet along the south line of
said right-of-way, Margaret Place, to a point in the west bounds of Main
Street, and said point passing through a 1 inch iron pipe line marker at
a distance of 2.01 feet, a 5/8 inch iron rod marker at a distance of
98.66 feet, and a masonry nail line marker in the center of concrete
capped retaining wall at a distance of 153.61 feet;
Thence, South 18Á 08' 10" West, 96.73 feet along the west bounds of
Main Street to the Point-of-Beginning and encompassing therein 0.35
acres, more or less.
TOGETHER WITH all right, title and interest in and to the center of
Main Street as the north and south lines are extended easterly thereto.
TOGETHER WITH a twenty (20') foot wide right-of-way over Margaret
Place, so called, from Main Street to Elm Street for the purposes of
ingress and egress and the connection to public utilities located
therein.
TOGETHER WITH AND SUBJECT TO the rights of the public in and to lands
within any public street, any and all easements, restrictions and
right(s) of way of record, as the same may affect said premises.
SAID PREMISES also being known as and by the street address 2442 Main
Street, Lake Placid, New York.
BEING THE SAME PREMISES conveyed to CJDLP LLC from Kane Realty
Management LLC by Deed dated June 30, 2025 and recorded in the Essex
County Clerk's Office on August 14, 2025 in Book 2210 of Deeds at Page
272.
* NB There are 7 par (e-18)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision the authority may issue restaurant licenses for a premises
which shall be within two hundred feet of a building occupied
exclusively as a school, church, synagogue, or other place of worship,
provided such premises is being conducted as a restaurant located wholly
within the boundaries of the borough of Manhattan, city of New York,
county of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly
side of 16th Street with the westerly side of Irving Place: running
thence westerly along the southerly side of 16th Street 100 feet; thence
southerly parallel with Irving Place 103 feet 3 inches to the center
line of the block; thence easterly along the center line of the block 20
feet; thence southerly parallel with the westerly side of Irving Place
40 feet 9 inches; thence easterly parallel with the southerly side of
16th Street and part of the way through a party wall 80 feet to the
westerly side of Irving Place; thence northerly along the westerly side
of Irving Place, 144 feet to the point or place of BEGINNING.
* NB There are 7 par (e-18)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the county of New York,
bounded and described as follows:
All that certain piece or parcel of land, situate, lying and being in
the Borough of Manhattan, City, County and State of New York, designated
on the Tax Map of the City of New York, for the Borough of Manhattan, as
said Tax Map was on June 5, 1973 as Section 7 Block 1912 Lot 30 bounded
and described as follows:
BEGINNING at a point on the westerly side of Lenox Avenue, distant 20
feet Northerly from the corner formed by the intersection of the
Northerly line of West 127th Street with the Westerly line of Lenox
(formerly Sixth) Avenue;
RUNNING THENCE Northerly along the Westerly line of Lenox Avenue, 20
feet;
THENCE Westerly parallel with West 127th Street and part of the
distance through a party wall, 100 feet;
THENCE and Southerly parallel with Lenox Avenue, 20 feet;
THENCE Easterly, 100 feet to the Westerly side of Lenox Avenue the
point and place of BEGINNING.
* NB There are 7 par (e-18)'s
* (e-18) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied as a school, church, synagogue or other
place of worship, provided such premises constitute a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Orange in the
village of Florida, at 22 N Main Street, bounded and described as
follows:
ALL that lot of land with the building and improvements thereon
situate in the Town of Warwick, Village of Florida, County of Orange and
State of New York, bounded and described as follows:
BEGINNING on the West line of Main Street in Florida at the Northeast
corner of L. B. Vail's Hotel; thence along said street North six degrees
East, forty-one feet; thence North eighty-five degrees West, ninety
feet; thence South six degrees West, forty feet; thence South
eighty-four degrees forty-five minutes East, ninety feet; to the place
of beginning.
TOGETHER with a right of way to pass and re-pass to the rear end of
the said lot on the land lying between the store house of W. L. Vail and
the land conveyed hereby; such right of way being about eleven and one
half feet in width.
ALSO all that tract or parcel of land situate in the Town of Warwick,
Village of Florida, County of Orange and State of New York, bounded and
described as follows:
BEGINNING at an iron in the northwesterly corner of the lands of David
Werner, said iron being S 37 degrees 50 minutes W, 90 feet from an iron
in the westerly line of Main Street in the Village of Florida, and
running from thence along the lands of Stanley Mioduszewski S 72 degrees
no minutes W 49.87 feet to an iron; thence along the same S 83 degrees
and 53 minutes W, 29.4 feet to the line of lands of Vail and Parkhurst;
thence along the latter S 5 degrees 40 minutes E, 23.37 feet to a corner
of lands formerly of W. J. Roe; thence along the latter N 88 degrees 37
minutes E 76.0 feet to a corner of the lands of David Werner; thence
along the latter N 2 degrees 20 minutes W, 40.0 feet to the place of
beginning.
TOGETHER with the use with others of a right of way extending from the
abovedescribed parcel along the northerly line of lands of David Werner
to the westerly line of Main Street.
TOGETHER with rights of way as described in Liber 734 cp. 436.
SUBJECT to conditions, notes, and setbacks as shown on filed map, if
any; easements, covenants, and restrictions of record; public utility
easements; and rights of the public in and to any portion of the
property lying in the bed of a public road.
BEING the same lands and premises described in a deed from Renee
Weiss, as Administratrix of the Estate of Morris Werner, to Werner
Realty of Florida, Ltd., and recorded in the Orange County Clerk's
Office in Liber 4177 of Deeds, at page 133.
* NB There are 7 par (e-18)'s
(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or
community board, it determines that granting such license would be in
the public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the
municipality or community board, and shall state and file in its office
its reasons therefor. The hearing may be rescheduled, adjourned or
continued, and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
8. A license issued for such premises as are being conducted as a
catering establishment shall authorize the holder thereof to sell
alcoholic beverages at retail during such period of time as a function,
occasion or event is in progress therein and then only to persons
invited to and attending such function, occasion or event and only for
consumption on the premises where sold.
9. A retail license under this section may be granted for a premises
being conducted as a restaurant and located in the area leased by the
city of New York to the New York World's Fair 1964-1965 pursuant to the
provisions of chapter four hundred twenty-eight of the laws of nineteen
hundred sixty as amended by chapter nine hundred nine of the laws of
nineteen hundred sixty-one during the term or duration of such lease,
notwithstanding the fact that said premises is not open to the general
public as required by this chapter provided that such premises has been
designated as an authorized facility of the New York World's Fair
1964-1965 Corporation and has been certified to the liquor authority by
said corporation as such.
Special license to sell liquor at retail for consumption on
the premises. 1. On or before September first, nineteen hundred
sixty-nine, any license issued under section sixty-four of this article
may be converted into a special on-premises license under this section
upon the granting of a request for conversion filed with the liquor
authority by the holder of said license. Such a request shall be granted
by the authority except for good cause shown. The granting of such a
request shall constitute conversion of said license into a special
on-premises license subject to the provisions of this chapter applicable
to special on-premises licenses issued under this section.
2. On or after October first, nineteen hundred sixty-four, any person
may make an application to the appropriate board for a special license
to sell liquor at retail to be consumed on the premises where sold.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
5. Such special license shall in form and in substance be a license to
the person specifically licensed to sell liquor at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell wine and beer at retail to be consumed
under the same terms and conditions, without the payment of any
additional fee.
* 6. No special on-premises license shall be granted except for
premises in which the principal business shall be (a) the sale of food
or beverages at retail for consumption on the premises or (b) the
operation of a legitimate theatre, including a motion picture theatre
that is a building or facility which is regularly used and kept open
primarily for the exhibition of motion pictures for at least five out of
seven days a week, or on a regular seasonal basis of no less than six
contiguous weeks, to the general public where all auditorium seating is
permanently affixed to the floor and at least sixty-five percent of the
motion picture theatre's annual gross revenues is the combined result of
admission revenue for the showing of motion pictures and the sale of
food and non-alcoholic beverages, or such other lawful adult
entertainment or recreational facility as the liquor authority, giving
due regard to the convenience of the public and the strict avoidance of
sales prohibited by this chapter, shall by regulation classify for
eligibility.
* NB Effective until April 20, 2030
* 6. No special on-premises license shall be granted except for
premises in which the principal business shall be (a) the sale of food
or beverages at retail for consumption on the premises or (b) the
operation of a legitimate theatre or such other lawful adult
entertainment or recreational facility as the liquor authority, giving
due regard to the convenience of the public and the strict avoidance of
sales prohibited by this chapter, shall by regulation classify for
eligibility. Nothing contained in this subdivision shall be deemed to
authorize the issuance of a license to a motion picture theatre, except
those meeting the definition of restaurant and meals, and where all
seating is at tables where meals are served.
* NB Effective April 20, 2030
7. (a) No special on-premises license shall be granted for any
premises which shall be
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".
(c) Notwithstanding paragraph (a) of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.
(c-1) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises and/or an overnight lodging facility located wholly within the
boundaries of the borough of Manhattan in the city and county of New
York, bounded and described as follows:
BEGINNING at a point on the easterly side of 7th Avenue, distant 25 feet
northerly from the northeasterly corner of 7th Avenue and 132nd Street;
RUNNING THENCE easterly parallel with the northerly side of 132nd Street
and part of the distance of the distance through a party wall, 75 feet;
THENCE northerly parallel with 7th Avenue, 49 feet 11 inches; THENCE
westerly parallel with 132nd Street 75 feet to the easterly side of 7th
Avenue; THENCE southerly along the easterly side of 7th Avenue, 49 feet
11 inches to the point or place of BEGINNING, being the same premises
located at 2247 Adam Clayton Powell, Jr. Boulevard (Seventh Avenue),
block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC
to AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven
and recorded July seventh, two thousand seven in the Office of the City
Register, New York County as document number 2007071001657001.
(c-2) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the town of Bainbridge,
county of Chenango, bounded and described as follows:
BEGINNING at an iron stake at the curb on the north side of North Main
Street, which stake is in a line with the edge of the concrete sidewalk
in front of the Ireland Hardware Block; thence to the joint corner of
said hardware block and the concrete post at the southwest corner of the
Central Hotel, twenty-seven (27) feet; thence along the foundation wall
of said hotel forty (40) feet to an iron stake under a part of the
Ireland Hardware Store Building six (6) feet from the corner of said
foundation wall and on a continuation of said line along the Hotel
foundation; thence at an approximate right angle in a northeasterly
direction along a line parallel to and six (6) feet distant from the
foundation wall on the "ell" of the Hotel to a point six (6) feet
distant from the foundation wall of the main building of the Hotel,
fourteen (14) feet; thence again at a right angle in an approximately
north-westerly direction on a line parallel to and six (6) feet distant
from the foundation wall of said Hotel building forty-three (43) feet to
an iron stake; thence in a northeasterly direction on a line from said
stake touching the corner of the foundation wall to a point on the line
of premises of the Vendor and premises now owned by Edward Danforth,
known as the Danforth Block; thence in a southeasterly direction along
said boundary line between said premises, which line is believed to be
nine (9) feet distant southwesterly from the foundation wall of said
Danforth Block, to the curb line; thence along said curb line in a
southwesterly direction to the point or place of beginning.
Being known and designated on the Chenango County Tax Map for the
Village and Town of Bainbridge as parcel 265.11-2-15 as said tax map was
on the 15th day of June 2010.
(c-3) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises and/or an overnight lodging facility located wholly within the
boundaries of the borough of Manhattan in the city and county of New
York, bounded and described as follows:
BEGINNING at the intersection formed by the easterly side of Fifth
Avenue and the southerly side of East 117th Street; and
RUNNING THENCE easterly along the southerly side of East 117th Street,
110 feet 0 inches;
THENCE southerly at right angles to the last mentioned course, 100 feet
11 inches;
THENCE westerly at right angles to the last mentioned course, 110 feet 0
inches at right angles to the easterly side of Fifth Avenue;
THENCE northerly along the easterly side of Fifth Avenue at right angles
to the last mentioned course, 100 feet 11 inches to the point or place
of BEGINNING.
Being known and designated on the Tax Map of The City of New York, for
the Borough of Manhattan, as Section 6, Block 1622 Lot 73 as said Tax
Map was on the 26th day of November 1974.
(c-4) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the city of Binghamton,
county of Broome, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,
County of Broome, State of New York, more particularly bounded and
described as follows:
BEGINNING at the intersection of the east line of Front Street and the
south line of Main Street; thence easterly along the south line of Main
Street making an interior angle of 100Á 54' with the east line of Front
Street a distance of 35.36 feet to a point in the center line of a
former ten-foot right of way; thence southerly making an interior angle
of 79Á 15' with the last course a distance of 107 feet to a point in the
north line of an alley; thence westerly along the north line of said
alley and making an interior angle of 90Á 07' with the last course a
distance of 35 feet to a point in the east line of Front Street; thence
northerly along said east line of Front Street and making an interior
angle of 89Á 44' with the last course a distance of 100.46 feet to the
point of beginning. Hereby intending to describe the premises commonly
known as 11 Main Street.
(c-5) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the city of Binghamton,
county of Broome, bounded and described as follows:
All that tract or parcel of land, situate in the City of Binghamton,
County of Broome and State of New York, on the west side of the Chenango
River at the west end of the Court Street Bridge, and bounded and
described as follows: Commencing at the southeasterly corner of premises
conveyed by Harry Smolensky and Anna Smolensky to Guilio Mattioli and
Anthony F. Mattioli, Sr. by Full Covenant Deed dated February 28th, 1963
and recorded in the Broome County Clerk's office in Book 1063 of Deeds
at page 731 and running thence northerly along the easterly line of
premises so conveyed in a straight line to lands formerly the homestead
property of Benjamin F. Sisson, the southerly part of which is the third
parcel of land described in a Warranty Deed from Archie S. Beers by
Roland F. Beers, his attorney in fact to Arthur Kradjian and Kenneth
Kradjian dated April 18, 1967 and recorded in the Broome County Clerk's
office in Book 1119 of Deeds at page 737; thence in an easterly
direction along the south line of the said premises formerly of Arthur
Kradjian and Kenneth Kradjian to the Chenango River; thence southerly
along the westerly bank of the Chenango River as it winds and turns to
the north side of Main Street; thence in a westerly direction along the
north side of said Main Street to the point or place of beginning.
(c-6) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the city of Binghamton,
county of Broome, bounded and described as follows:
All that tract or parcel of land situate in the City of Binghamton,
County of Broome and State of New York, being a strip of land twelve
(12) feet wide, front and rear taken off the entire southerly side of
premises described in 1936 as follows: All that tract or parcel of land
situate in the City of Binghamton, County of Broome and State of New
York, and being the homestead property of Benjamin F. Sisson, deceased,
situate on the east side of Front Street in said city and being about
eighty-seven (87) feet wide front on Front Street and extending to the
Chenango River and bounded as follows: on the north by lands of Carrie
M. Waldron (formerly owned by Charles D. Rogers), on the south by lands
of Conine & Gleason, C. F. & W. W. Sisson, Ida R. Buckingham and James
W. Lyon; on the east by the Chenango River and on the west by Front
Street, and including all the lands conveyed to Benjamin F. Sisson by
three deeds, to wit: one from the Village of Binghamton dated April 10,
1867 and recorded in the Broome County Clerk's office in Book 74 of
Deeds at page 125; one from Sarah R. Graves and Herman W. Graves dated
July 9, 1875 and recorded in the Broome County Clerk's office in Book 93
of Deeds at page 174; and one from Charles D. Rogers and wife dated July
9, 1875 and recorded in the Broome County Clerk's office in Book 98 of
Deed at page 369 and also includes the northerly part of lands conveyed
to Benjamin F. Sisson by John S. Wells and wife by deed dated June 28,
1853 and recorded in the Broome County Clerk's office in Book 39 of
Deeds at page 401 and 402 to all of which deed reference is had.
(c-7) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a school, church, synagogue,
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the county of Greene,
bounded and described as follows:
ALL that piece or parcel of land, situated in the Village of Catskill,
County of Greene and State of New York, described as follows:
BEGINNING at the southeast corner of that parcel of land described as
"Parcel 1" in deed recorded in Liber 613 of Deeds at Page 246, being on
the north line of Church Street, thence N 89Á02'07" W, 58.68 feet along
the north line of said Church Street to a line 20.00 feet east from,
when measured at right angles to, and parallel with the centerline of
existing southbound Water Street;
THENCE N 03Á03'19" W, 45.31 feet parallel with the centerline of said
Water Street to the northwest corner of that parcel of land described as
"Parcel 2" in said Liber 613 of Deeds at Page 246;
THENCE N 89Á06'33" E, 62.32 feet along the north line of said "Parcel
2" and along the north line of said "Parcel 1" to the northeast corner
of said "Parcel 1";
THENCE S 01Á29'38" W, 47.22 feet along the east line of said "Parcel
1" to the point of the BEGINNING.
Being the same premises conveyed by Deed dated November 18, 2005, to
Samuel D. Aldi from Dominic Joseph Cornelius, and recorded in the Greene
County Clerk's Office on December 8, 2005, in Liber 1197 of Deeds at
Page 193.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. Notice to the municipality or
community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon the request of
the authority, any municipality or community board may waive the fifteen
day notice requirement. The hearing may be rescheduled, adjourned or
continued, and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued public meeting. No premises having
been granted a license pursuant to this section shall be denied a
renewal of such license upon the grounds that such premises are within
five hundred feet of a building or buildings wherein three or more
premises are licensed and operating pursuant to this section and
sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
this article.
(e) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.
* 8. Every special on-premises licensee shall regularly keep food
available for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh,
processed, pre-cooked or frozen, shall be deemed compliance with this
requirement. For motion picture theatres licensed under paragraph (b) of
subdivision six of this section, food that is typically found in a
motion picture theatre, including but not limited to: popcorn, candy,
and light snacks, shall be deemed to be in compliance with this
requirement. The licensed premises shall comply at all times with all
the regulations of the local department of health. Nothing contained in
this subdivision, however, shall be construed to require that any food
be sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
* NB Effective until April 20, 2030
* 8. Every special on-premises licensee shall regularly keep food
available for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh,
processed, pre-cooked or frozen, shall be deemed compliance with this
requirement. The licensed premises shall comply at all times with all
the regulations of the local department of health. Nothing contained in
this subdivision, however, shall be construed to require that any food
be sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
* NB Effective April 20, 2030
* 9. In the case of a motion picture theatre applying for a license
under this section, any municipality required to be notified under
section one hundred ten-b of this chapter may express an opinion with
respect to whether the application should be approved, and such opinion
may be considered in determining whether good cause exists to deny any
such application.
* NB Effective until April 20, 2030
* 9. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
* NB Effective April 20, 2030
* 10. The liquor authority may make such rules as it deems necessary
to carry out the provisions of this section.
* NB Effective until April 20, 2030
License to sell liquor on premises commonly known as a bottle
club. 1. It shall be unlawful for any person, partnership or corporation
operating a place for profit or pecuniary gain, with a capacity for the
assemblage of twenty or more persons to permit a person or persons to
come to the place of assembly for the purpose of consuming alcoholic
beverages on said premises, which alcoholic beverages are either
provided by the operator of the place of assembly, his agents, servants
or employees, or are brought onto said premises by the person or persons
assembling at such place, unless an appropriate license has first been
obtained from the state liquor authority by the operator of said place
of assembly. Nothing in this section shall be construed as affecting the
definition of place of assembly in this chapter or any other law.
Nothing contained herein shall prohibit or restrict the leasing or use
of such place of assemblage as defined herein by any organization or
club enumerated in subdivision seven hereof.
2. Upon or after the effective date hereof any person may make an
application to the appropriate board for a special license to operate a
bottle club.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. (a) No bottle club license shall be granted for any premises which
shall be
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. The hearing may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued hearing. Before the authority issues
any said license, the authority or one or more of the commissioners
thereof may, in addition to the hearing required by this paragraph, also
conduct a public meeting regarding said license, upon notice to the
applicant and the municipality or community board. The public meeting
may be rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of any
such rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article.
(d) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.
6. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
7. This section shall not apply to any non-profit religious,
charitable, or fraternal organization nor to a club as defined in
section three, subdivision nine of this chapter, nor to a duly
recognized political club, except that it shall be unlawful for any of
the above to permit consumption of alcoholic beverages during the hours
prohibited by or pursuant to section one hundred six of the alcoholic
beverage control law.
License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer. 1. Any person may make
an application to the state liquor authority for a license to operate a
restaurant-brewer.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this section
for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to:
(a) sell wine and beer at retail to be consumed under the same terms
and conditions, without the payment of any additional fee;
(b) sell beer brewed on the premises to other retail licensees, where
such other retail license is held by the same person holding the
restaurant-brewer license, or such other retail license is a commonly
owned affiliate license, provided that such beer is sold through a New
York state licensed beer wholesaler;
(c) sell no more than two thousand barrels of beer brewed on the
premises to other retail licensees, where such other retail license is
not held by the same person holding the restaurant-brewer license, and
such other retail license is not a commonly owned affiliate license,
provided that such beer is sold through a New York state licensed beer
wholesaler; provided however such licensee may sell at wholesale without
the use of a licensed beer wholesaler up to two hundred fifty barrels of
those two thousand barrels to other retail licensees, where such other
retail license is not held by the same person holding the
restaurant-brewer license, and such other retail license is not a
commonly owned affiliate license; and
(d) sell no more than two thousand barrels of beer brewed on the
licensed premises at retail to a person for consumption in their home
and at retail in bulk by the keg, cask or barrel for consumption and not
for resale.
6. A license under this section may only be granted to a person who
regularly and in a bona fide manner brews beer on the premises.
7. Not more than five licenses shall be granted to any person under
this section.
8. A person holding one or more licenses under this section may brew,
in the aggregate, no more than twenty thousand barrels of beer per year.
9. On or within thirty days of the effective date of this section, any
person who holds a brewer's license under section fifty-one of this
chapter as well as a license to sell beer, wine and liquor at retail for
consumption on the premises may file an application with the liquor
authority to convert those licenses into a license under this section.
Such an application shall be granted by the authority except for good
cause shown. The granting of such an application shall constitute
conversion of said license into a restaurant-brewer license subject to
the provisions of this chapter applicable to restaurant-brewers licenses
issued under this section.
10. (a) For purposes of sections one hundred one and one hundred six
of this chapter, a person licensed under this section shall be deemed a
"retailer" as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a person
licensed under this section may also be licensed (or interested directly
or indirectly in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a, fifty-five,
fifty-five-a, seventy-nine or eighty-one of this chapter or sections
sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.
(b) No manufacturer or wholesaler of alcoholic beverages may be
granted a license to operate a restaurant-brewer pursuant to this
section. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall not be issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.
11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section or
sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the
premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this
article is set back from a public thoroughfare, the walkway or stairs
leading to any such door shall be deemed an entrance; and the
measurement shall be taken to the center of the walkway or stairs at the
point where it meets the building line or public thoroughfare. A door
which has no exterior hardware, or which is used solely as an emergency
or fire exit, or for maintenance purposes, or which leads directly to a
part of a building not regularly used by the general public or patrons,
is not deemed an "entrance".
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. The hearing may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued hearing. Before the authority issues
any said license, the authority or one or more of the commissioners
thereof may, in addition to the hearing required by this paragraph, also
conduct a public meeting regarding said license, upon notice to the
applicant and the municipality or community board. The public meeting
may be rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of any
such rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are operating
and licensed pursuant to this section or sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article.
(d) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.
12. The fee for an original and a renewal restaurant-brewer license
shall be fifty-eight hundred fifty dollars in the counties of New York,
Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; thirty-six hundred dollars in cities
having a population of more than fifty thousand and less than one
hundred thousand; and the sum of twenty-eight hundred fifty dollars
elsewhere. Said license shall run for a period of three years. In
addition to the license fees provided for in this subdivision, there
shall be paid to the authority with each initial application a filing
fee of two hundred dollars and with each renewal application a filing
fee of one hundred dollars.
13. (a) A licensee or his or her employee may serve small samples of
beer or malt beverages he or she produces at their licensed
establishments.
(b) Each serving at such tasting shall be served only by the brewer or
his or her employee and shall be limited to three ounces or less of a
brand of beer or malt beverage produced by the brewer and no consumer of
legal age shall be provided or given more than two servings of such
brands offered for tasting.
(c) The authority is authorized and directed to promulgate such rules
and regulations, as it deems necessary or appropriate to implement the
provisions of this subdivision to protect the health, safety and welfare
of the people of this state.
14. Notwithstanding the provisions of subdivision six of this section
or of subdivision thirteen of section one hundred six of this chapter,
the authority may issue a restaurant brewer's license pursuant to this
section for a premises which shall be located wholly within the town of
Ulster, county of Ulster, state of New York, bounded and described as
follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Ulster, County of Ulster and the State of New York, bounded and
described as follows:
BEGINNING at a point on the Northeasterly side of City View Terrace,
said point being the Westerly corner of the lands of the State of New
York and a Southwesterly corner of the herein described parcel; THENCE
from said point of beginning along the Northeasterly side of City View
Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a
point on the Southeasterly side of Forest Hill Drive; THENCE along the
Southeasterly side of Forest Hill Drive the following course and
distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;
115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds
East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41
seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of
lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the
following courses and distances, South 37 degrees 08 minutes 02 seconds
East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23
minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;
THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a
recovered bar; THENCE along the bounds of lands of now or formerly
Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32
degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE
leaving said stone and along the bounds of lands of now or formerly
Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds
West, 264.62 feet to a point; THENCE along the bounds of lands of Summit
Properties, LLC, L. 2856-P. 82, the following courses and distances,
North 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point;
THENCE South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a
point; THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet
to a point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20
feet to a point; THENCE along the bounds of lands of said State of New
York, the following courses and distances, North 56 degrees 41 minutes
34 seconds West, 168.79 feet to a point; THENCE North 75 degrees 51
minutes 34 seconds West, 254.10 feet to the point and place of
beginning. Being the same premises as conveyed to Skytop Motel, LLC by
deed of Stewart Title, as agent of the grantor, Skytop Motel, Inc.,
dated April 29, 2003 and recorded in the office of the Ulster County
Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,
Bk-D VI-3621, pg-171.
15. Notwithstanding the provisions of subdivision six of this section
or of subdivision thirteen of section one hundred six of this chapter,
the authority may issue a restaurant brewer's license pursuant to this
section for a premises which shall be located wholly within the city of
Peekskill, county of Westchester, state of New York, bounded and
described as follows:
Any such premises or business located on all that certain parcel of
land situate in the City of Peekskill, County of Westchester and State
of New York, that is a portion of Parcel I as it is shown on that
certain map entitled, "Survey . . at Charles Point . . " which was filed
in the Westchester County Clerk's Office on October 23, 1980 as Map No.
20407 that is bounded and described as follows:
BEGINNING at a point on the easterly shoreline of the Hudson River and
within the bounds of the said Parcel I as it is shown on the said Filed
Map NO. 20407, which point occupies coordinate position:
North 464418.83 (y)
East 607401.00 (x)
of the New York State Coordinate System, East Zone and which point is
distant, the following courses from the southerly corner of the Parcel
shown on Map No. 20407 that occupies coordinate position
North 463520.804 (y)
East 608470.681 (x)
of the aforesaid New York State Coordinate System, East Zone:
North 47 degrees 30' 36" West 856.60 feet,
North 77 degrees 10' 53" West 488.18 feet,
North 41 degrees 17' 53" West 113.32 feet and
North 41 degrees 50' 16" East 169.08 feet;
THENCE from the said point of beginning along the said easterly
shoreline (high water mark) of the east bank of the Hudson River:
Due North 16.17 feet,
North 53 degrees 58' 22" West 13.60 feet,
North 73 degrees 04' 21" West 24.04 feet,
North 63 degrees 26' 06" West 22.36 feet,
North 82 degrees 18' 14" West 37.34 feet,
North 64 degrees 47' 56" West 37.58 feet,
South 82 degrees 52' 30" West 16.12 feet,
North 61 degrees 41' 57" West 14.76 feet and
South 21 degrees 48' 05" West 9.71 feet;
THENCE leaving the high water mark and running across a peninsula of
land and along the division line between Parcel I and Parcel II as shown
on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
another point on the said easterly shoreline (high water mark) of the
East Bank of the Hudson River;
THENCE northerly along the said high water mark, the following
courses:
North 3 degrees 00' 46" West 17.54 feet,
North 13 degrees 45' 39" West 50.45 feet,
North 10 degrees 49' 23" West 69.23 feet,
North 0 degrees 47' 22" West 52.48 feet to a point which is the point
of beginning of the hereinafter described 40 foot easement which point
occupies coordinate position
North 464676.48 (y)
East 607189.28 (x)
of the New York State Coordinate System, East Zone;
THENCE continuing along the aforesaid easterly shoreline (high water
mark) of the East Bank of the Hudson, the following courses:
North 10 degrees 18' 17" West 23.91 feet,
North 39 degrees 04' 58" West 21.39 feet,
North 20 degrees 13' 30" West 21.74 feet,
North 39 degrees 02' 08" West 95.27 feet,
North 13 degrees 08' 02" West 30.81 feet,
North 18 degrees 26' 06" West 53.76 feet,
North 28 degrees 10' 43" West 63.53 feet,
North 18 degrees 26' 06" West 50.60 feet,
North 37 degrees 14' 05" West 31.40 feet,
North 21 degrees 15' 02" West 96.57 feet,
North 32 degrees 00' 19" West 47.17 feet,
North 1 degree 18' 07" West 44.01 feet and
North 17 degrees 14' 29" East 29.32 feet to a point on the southerly
line of lands under lease to the County of Westchester (Resco Site);
THENCE along the said County of Westchester (Resco Site) lands: Due
East 432.31 feet to a point on the westerly line of an easement and a
right-of-way leading to Charles Point Avenue;
THENCE along the said westerly and southwesterly line of the said
right-of-way leading to Charles Point Avenue: Due South 241.16 feet and
South 27 degrees 13' 00" East 406.90 feet to a point;
THENCE leaving the said easement and running along other lands now or
formerly of The City of Peekskill Industrial Development Agency, South
41 degrees 50' 16" West 270.01 feet to the aforementioned easterly
shoreline (high water mark) of the East Bank of the Hudson River and the
point or place of beginning.
TOGETHER with an easement over all that parcel of land situate in the
City of Peekskill, County of Westchester and State of New York that is
more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Charles Point Avenue with
the said westerly line is intersected by the line dividing the easement
herein described on the south from lands under lease to the County of
Westchester (Resco Site) on the north which point occupies coordinate
position:
North 464719.99 (y)
East 608004.15 (x)
of the New York State Coordinate System, East Zone;
THENCE from the said point of beginning southerly along the said
westerly line of Charles Point Avenue, South 14 degrees 54' 00" West
103.48 feet to a point;
THENCE westerly along other lands of the City of Peekskill Industrial
Development Agency: Due West 396.44 feet to a point which is the
easterly most corner of the lands of Point Associates, the grantee
herein;
THENCE along the northeasterly line of the said Point Associates'
land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16
feet to a point on the southerly line of the aforementioned lands leased
to the County of Westchester (Resco Site);
THENCE easterly along the said southerly line Due East 75.00 feet to a
point;
THENCE southeasterly and easterly still along the said lands leased to
the County of Westchester (Resco Site) the following courses:
Due South 223.00 feet,
South 27 degrees 13' 00" East 314.87 feet and
Due East 390.14 feet to the aforementioned westerly line of Charles
Point Avenue and the point or place of BEGINNING.
TOGETHER WITH a non-exclusive easement for utilities, and ingress and
egress over that certain right of way leading from Charles Point Avenue,
now known as John E. Walsh Boulevard, in a westerly and northwesterly
direction to the above described premises and as more fully described in
the Declaration of Easement recorded in Liber 8888 cp 35.
License to sell liquor on premises commonly known as a
cabaret. 1. Any person may make an application to the state liquor
authority to operate a cabaret.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this article
for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such cabaret license shall in form and in substance be a license to
the person specifically licensed to operate a cabaret and sell liquor at
retail to be consumed on the premises specifically licensed. Such
license shall also be deemed to include a license to sell wine and beer
at retail to be consumed under the same terms and conditions, without
the payment of any additional fee.
6. A license under this section shall be required of any licensee upon
whose premises musical entertainment, singing, dancing or other forms of
entertainment is permitted; provided, however, that this section shall
only apply to licensees whose premises have a capacity for the
assemblage of six hundred or more persons. Nothing contained in this
subdivision shall be construed as requiring a license under this section
by an establishment licensed under section sixty-four or paragraph (b)
of subdivision six of section sixty-four-a of this article.
7. The authority shall consider all of the following in determining
whether public convenience and advantage and the public interest will be
promoted by the granting of a license pursuant to this section:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and
permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular
traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and
(f) any other factors specified by law or regulation that are relevant
to determine the public convenience or advantage and necessary to find
that the granting of such license shall be in the public interest.
8. No cabaret license shall be granted for any premises which shall
be:
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of an existing premises licensed and
operating pursuant to the provisions of this section, or within five
hundred feet of three or more existing premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b, and/or sixty-four-c of this article.
(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of an existing
premises licensed and operating pursuant to the provisions of this
section or which is within five hundred feet of three or more existing
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this
article, at which a license under this chapter has been in existence
continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b, and/or sixty-four-c of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".
(e) notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of an existing
premises licensed and operating pursuant to the provisions of this
section or within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
after consultation with the municipality or community board, it
determines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. The
hearing may be rescheduled, adjourned or continued, and the authority
shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. Notice to the municipality or community board shall mean
written notice mailed by the authority to such municipality or community
board at least fifteen days in advance of any hearing scheduled pursuant
to this paragraph. Upon the request of the authority, any municipality
or community board may waive the fifteen day notice requirement. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of an existing premises licensed and operating
pursuant to the provisions of this section or within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.
(f) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.
9. On or within ninety days of the effective date of this section, any
person who holds a license under section sixty-four of this article to
sell beer, wine and liquor at retail for consumption on the premises and
who operates pursuant to the provisions of subdivision six of this
section shall file an application with the liquor authority to convert
such license into a license under this section. Such an application
shall be granted by the authority except for good cause shown. The
granting of such an application shall constitute conversion of said
license into a cabaret license subject to the provisions of this chapter
applicable to cabaret licenses issued under this section; provided,
however, that no licensee applying for such conversion shall be denied
on the grounds that such application fails to meet the requirements of
subdivision eight of this section.
10. All other provisions of this chapter relative to licenses to sell
liquor at retail for consumption on the premises shall apply as far as
applicable.
License to sell liquor at retail as an off-premises catering
establishment. 1. Any person may make an application to the authority
for a license to sell liquor at a site remote from the licensed premises
of an off-premises catering establishment as defined pursuant to
paragraph (b) of subdivision seven-a of section three of this chapter,
and such licenses shall be issued to all applicants except for good
cause shown.
2. Such application shall be in such form and shall contain such
information as shall be required by the rules of the authority and shall
be accompanied by a check or draft or other form of payment acceptable
to the authority in the amount required by this article for such
license.
3. Section fifty-four of this chapter shall control the procedure in
connection with such application, so far as applicable.
4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
only at sites at which a permit has been applied for and granted as
provided for in section ninety-eight of this chapter. Such license shall
also be deemed to include a license to sell wine and beer at retail to
be consumed under the same terms and conditions, without the payment of
any additional fee.
License to sell liquor on premises commonly known as a
for-profit club. 1. Any person may make an application to the state
liquor authority to operate a "for-profit club" which is operated solely
for a recreational, social, patriotic, political, benevolent, communal
workspace, corporate dining space, or athletic purpose.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this article
for such license. The fee for such license shall be twenty thousand
dollars annually.
3. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application. For-profit
clubs that apply for a license pursuant to this section are also
authorized to apply for a temporary retail permit as provided for in
section ninety-seven-a of this chapter.
4. Such for-profit club license shall in form and in substance be a
license to the person specifically licensed to operate a for-profit club
and sell liquor at retail exclusively to members in good standing and
their guests under the by-laws of the for-profit club to be consumed on
the premises specifically licensed. Such license shall also be deemed to
include a license to sell liquor, wine, beer, cider, mead and/or braggot
at retail exclusively to members in good standing and their guests under
the by-laws of the for-profit club to be consumed on the premises under
the same terms and conditions, without the payment of any additional
fee.
5. (a) A license under this section shall be required of any person,
corporation, partnership, company, or any other for-profit entity which
is the owner, lessee or occupant of a premises used exclusively for the
for-profit club purposes, and which is operated solely for a
recreational, social, patriotic, political, benevolent, communal
workspace, corporate dining space, or athletic purpose. A "member" of a
for-profit club shall mean a person who whether a charter member or
admitted in agreement with the by-laws of the for-profit club, has
become a bona fide member thereof, who maintains membership by the
payment of annual dues in a bona fide manner in accordance with the
by-laws of the for-profit club and whose name and address is entered on
the list of members of the for-profit club. A for-profit club must have
one hundred or more members.
(b) For the purpose of a for-profit club license issued pursuant to
this section solely for use as corporate dining space for their
employees and clients shall:
(i) include only such space directly used for corporate dining
purposes where food and beverages are regularly available to employees,
clients, and guests;
(ii) authorize that licensees do not have to meet member requirements;
(iii) authorize contracts with a third party licensed by the authority
to provide food and beverages so long as any third party contract is
disclosed to the authority; and
(iv) be responsible for maintaining records, filing all necessary
applications, and providing other such documentation required or deemed
necessary to be submitted to the authority.
6. The authority shall consider all of the following in determining
whether public convenience and advantage and the public interest will be
promoted by the granting of a license pursuant to this section:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and
permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular
traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises;
(f) any purpose or intention of discrimination by the applicant or any
individual, corporation, partnership, company, or any other for-profit
entity which is the owner, lessee or occupant of the premises to be
licensed as a for-profit club premises; and
(g) any other factors specified by law or regulation that are relevant
to determine the public convenience or advantage and necessary to find
that the granting of such license shall be in the public interest.
7. No for-profit club license shall be granted for any premises which
shall be:
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of an existing premises licensed and
operating pursuant to the provisions of this section, or within five
hundred feet of three or more existing premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
(c) The measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article; except that no license shall be denied to any premises at which
a license under this chapter has been in existence continuously from a
date prior to the date when a building on the same street or avenue and
within two hundred feet of said premises has been occupied exclusively
as a school, church, synagogue or other place of worship; and except
that no license shall be denied to any premises, which is within five
hundred feet of an existing premises licensed and operating pursuant to
the provisions of this section or which is within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article, at which a license
under this chapter has been in existence continuously on or prior to
November first, nineteen hundred ninety-three. The liquor authority, in
its discretion, may authorize the removal of any such licensed premises
to a different location on the same street or avenue, within two hundred
feet of said school, church, synagogue or other place of worship,
provided that such new location is not within a closer distance to such
school, church, synagogue or other place of worship.
(d) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or of the premises sought to be licensed, regularly used to give
ingress to students of the school, to the general public attending the
place of worship, and to patrons or guests of the premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or of the premises sought to be licensed, except that where a
school or house of worship or premises licensed and operating pursuant
to this section and sections sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or the premises sought
to be licensed is set back from a public thoroughfare, the walkway or
stairs leading to any such door shall be deemed an entrance; and the
measurement shall be taken to the center of the walkway or stairs at the
point where it meets the building line or public thoroughfare. A door
which has no exterior hardware, or which is used solely as an emergency
or fire exit, or for maintenance purposes, or which leads directly to a
part of a building not regularly used by the general public or patrons,
is not deemed an "entrance".
(e) Notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of an existing
premises licensed and operating pursuant to the provisions of this
section or within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article if, after consultation with the municipality or community board,
it determines that granting such license would be in the public
interest. Before it may issue any such license, the authority shall
conduct a hearing, upon notice to the applicant and the municipality or
community board, and shall state and file in its office its reasons
therefor. The hearing may be rescheduled, adjourned or continued, and
the authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued hearing.
Before the authority issues any said license, the authority or one or
more of the commissioners thereof may, in addition to the hearing
required by this paragraph, also conduct a public meeting regarding said
license, upon notice to the applicant and the municipality or community
board. The public meeting may be rescheduled, adjourned or continued,
and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued public meeting. Notice to the municipality or community board
shall mean written notice mailed by the authority to such municipality
or community board at least fifteen days in advance of any hearing
scheduled pursuant to this paragraph. Upon the request of the authority,
any municipality or community board may waive the fifteen day notice
requirement. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of an existing premises
licensed and operating pursuant to the provisions of this section or
within five hundred feet of a building or buildings wherein three or
more premises are licensed and operating pursuant to this section and
sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article.
(f) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: (i) the conduct of
legally authorized games of bingo or other games of chance held as a
means of raising funds for the not-for-profit religious organization
which conducts services at the place of worship or for other
not-for-profit organizations or groups; use of the building for
fund-raising performances by or benefitting the not-for-profit religious
organization which conducts services at the place of worship or other
not-for-profit organizations or groups; (ii) the use of the building by
other religious organizations or groups for religious services or other
purposes; the conduct of social activities by or for the benefit of the
congregants; the use of the building for meetings held by organizations
or groups providing bereavement counseling to persons having suffered
the loss of a loved one, or providing advice or support for conditions
or diseases including, but not limited to, alcoholism, drug addiction,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease;
(iii) the use of the building for blood drives, health screenings,
health information meetings, yoga classes, exercise classes or other
activities intended to promote the health of the congregants or other
persons; and (iv) use of the building by non-congregant members of the
community for private social functions. The building occupied as a place
of worship does not cease to be "exclusively" occupied as a place of
worship where the not-for-profit religious organization occupying the
place of worship accepts the payment of funds to defray costs related to
another party's use of the building.
8. All other provisions of this chapter relative to licenses to sell
liquor at retail for consumption on the premises shall apply as far as
applicable.
9. For purposes of this section, for-profit club licensees as
authorized herein shall be responsible for any violations of this
chapter or the rules of the authority occurring while the license is in
effect. Liability under the provisions of sections 11-100 and 11-101 of
the general obligations law shall accrue to the licensee.
10. All for-profit club licensees shall be subject to such rules and
regulations by the authority as is deemed necessary and are in
conformity with the provisions of this chapter.
Prohibited sales. No person shall sell, deliver or give away or
cause or permit or procure to be sold, delivered or given away any
alcoholic beverages to
1. Any person, actually or apparently, under the age of twenty-one
years;
2. Any visibly intoxicated person;
3. Any habitual drunkard known to be such to the person authorized to
dispense any alcoholic beverages.
4. Neither such person so refusing to sell or deliver under this
section nor his or her employer shall be liable in any civil or criminal
action or for any fine or penalty based upon such refusal, except that
such sale or delivery shall not be refused, withheld from or denied to
any person on account of race, creed, color or national origin.
5. The provisions of subdivision one of this section shall not apply
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department and
is required to taste or imbibe alcoholic beverages in courses which are
part of the required curriculum, provided such alcoholic beverages are
used only for instructional purposes during on-campus or off-campus
courses conducted pursuant to such curriculum.
6. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding it is alleged that a person violated
subdivision one of this section;
(a) it shall be an affirmative defense that such person had produced a
photographic identification card apparently issued by a governmental
entity and that the alcoholic beverage had been sold, delivered or given
to such person in reasonable reliance upon such identification. In
evaluating the applicability of such affirmative defense, the authority
shall take into consideration any written policy adopted and implemented
by the seller to carry out the provisions of paragraph (b) of
subdivision two of section sixty-five-b of this article; and
(b) it shall be an affirmative defense that at the time of such
violation such person who committed such alleged violation held a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter. Such licensee
shall have diligently implemented and complied with all of the
provisions of the approved training program. In such proceeding to
revoke, cancel or suspend a license pursuant to section one hundred
eighteen of this chapter, the licensee must prove each element of such
affirmative defense by a preponderance of the credible evidence.
Evidence of three unlawful sales of alcoholic beverages by any employee
of a licensee to persons under twenty-one years of age, within a two
year period, shall be considered by the authority in determining whether
the licensee had diligently implemented such an approved program.
7. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding a charge is sustained that a person
violated subdivision one or two of this section and the licensee has not
had any adjudicated violation of this chapter at the licensed premises
where the violation occurred within the previous five year period; and
(a) at the time of such violation the person that committed such
violation held a valid certificate of completion or renewal from an
entity authorized to give and administer an alcohol training awareness
program pursuant to subdivision twelve of section seventeen of this
chapter, the civil penalty related to such offense shall be recovery of,
as provided for in section one hundred twelve of this chapter, the penal
sum of the bond on file during the period in which the violation took
place; or
(b) at the time of such violation the licensee has not had any
adjudicated violations of this chapter at the licensed premises where
the violation occurred within the previous five year period, any civil
penalty imposed shall be reduced by twenty-five percent if the licensee
submits written proof, within ninety days of the imposition of such
civil penalty, that all of the licensee's employees involved in the
direct sale or service of alcoholic beverages to the public at the
licensed premises where the violation occurred have obtained a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter.
For the purposes of this subdivision, the five year period shall be
measured from the dates that the violations occurred.
Procuring alcoholic beverages for persons under the age of
twenty-one years. Any person who misrepresents the age of a person
under the age of twenty-one years for the purpose of inducing the sale
of any alcoholic beverage, as defined in the alcoholic beverage control
law, to such person, is guilty of an offense and upon conviction thereof
shall be punished by a fine of not more than two hundred dollars, or by
imprisonment for not more than five days, or by both such fine and
imprisonment.
Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage through fraudulent means. 1.
As used in this section: (a) "A device capable of deciphering any
electronically readable format" or "device" shall mean any commercial
device or combination of devices used at a point of sale or entry that
is capable of reading the information encoded on the magnetic strip or
bar code of a driver's license or non-driver identification card issued
by the commissioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or
employee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver's
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage as required by subdivision two
of this section or as a precondition for admission to an establishment
licensed for the on-premises sale of alcoholic beverages where admission
is restricted to persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his own, for the purpose of purchasing or attempting to
purchase any alcoholic beverage.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any
alcoholic beverage, any documentation other than: (i) a valid driver's
license or non-driver identification card issued by the commissioner of
motor vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (ii) a valid passport issued by the United States government
or any other country, or (iii) an identification card issued by the
armed forces of the United States. Upon the presentation of such
driver's license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any
alcoholic beverage. Nothing in this section shall prohibit a licensee or
agent or employee from performing such a transaction scan on any of the
other documents listed in this subdivision if such documents include a
bar code or magnetic strip that that may be scanned by a device capable
of deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol awareness
program as referenced in paragraph (a) of this subdivision if such
program has not previously been completed by the offender, unless the
court determines that attendance at such program is not feasible due to
the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol abuse,
unless the court determines that under the circumstances presented such
an evaluation is not necessary, in which case the court shall state on
the record the basis for such determination. Payment for such evaluation
shall be made by such person. If, based on such evaluation, a need for
treatment is indicated, such person may choose to participate in a
treatment plan developed by an agency certified or licensed by the
office of alcoholism and substance abuse services. If such person elects
to participate in recommended treatment, the court shall order that
payment of such fine and community service be suspended pending the
completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of determining if such
person suffers from the disease of alcoholism or alcohol abuse.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the
county court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in
writing and the person so evaluated or his or her counsel shall receive
a copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol training awareness program established
pursuant to subdivision twelve of section seventeen of this chapter
where such program is located within a reasonably close proximity to the
locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage, the court may suspend such person's license to drive a motor
vehicle and the privilege of an unlicensed person of obtaining such
license, in accordance with the following and for the following periods,
if it is found that a driver's license was used for the purpose of such
illegal purchase or attempt to illegally purchase; provided, however,
that where a person is sentenced pursuant to paragraph (b) or (c) of
subdivision three of this section, the court shall impose such license
suspension if it is found that a driver's license was used for the
purpose of such illegal purchase or attempt to illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of
subdivision two of this section, a suspension for one year or until the
holder reaches the age of twenty-one, whichever is the greater period of
time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage had been sold,
delivered or given to such person in reasonable reliance upon such
identification and transaction scan. In evaluating the applicability of
such affirmative defense, the liquor authority shall take into
consideration any written policy adopted and implemented by the seller
to carry out the provisions of this chapter. Use of a transaction scan
shall not excuse any licensee under this chapter, or agent or employee
of such licensee, from the exercise of reasonable diligence otherwise
required by this section. Notwithstanding the above provisions, any such
affirmative defense shall not be applicable in any other civil or
criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a
transaction scan necessary to effectuate the purposes of this section.
Such information shall be limited to the following: (i) name, (ii) date
of birth, (iii) driver's license or non-driver identification number,
and (iv) expiration date. The liquor authority and the state
commissioner of motor vehicles shall jointly promulgate any regulation
necessary to govern the recording and maintenance of these records by a
licensee under this chapter. The liquor authority and the commissioner
of health shall jointly promulgate any regulations necessary to ensure
quality control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or
promotional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
Posting of signs. 1. The authority shall prepare, have printed
and distribute across the state to all persons with a license to sell
alcoholic beverages for consumption on the premises or a license to sell
alcoholic beverages for consumption off the premises a sign or poster
with conspicuous lettering that states the following:
"No person shall sell or give away any alcoholic beverages to:
1. any person under the age of twenty-one years; or
2. any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,
FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO
PURCHASE ANY ALCOHOLIC BEVERAGE".
Such sign or poster shall be captioned with the word "warning" in at
least two inch lettering.
2. All persons with a license to sell alcoholic beverages for
consumption on the premises or a license to sell alcoholic beverages for
consumption off the premises shall display, in an upright position and
in a conspicuous place, where it can be easily read by the clientele of
the establishment, the sign or poster upon receiving it from the
authority.
3. Any person with such license who violates the provisions of this
section shall be subject to a civil penalty, not to exceed one hundred
dollars for each day of violation.
Posting of signs relating to human trafficking. 1. The
authority shall require any person with a license to sell alcoholic
beverages for consumption on the premises who indicated, pursuant to
paragraph (f) of subdivision one of section one hundred ten of this
chapter, that topless entertainment and/or exotic dancing, whether
topless or otherwise, including but not limited to, pole dancing and lap
dancing, would occur at the establishment, to display one or more signs
or posters designated by the authority. Any sign or poster so designated
shall meet the following specifications:
(a) Each sign or poster shall include information on human trafficking
and the toll free telephone number of the National Human Trafficking
hotline. The authority shall make any designated sign or poster
available for download from its website or from one or more links posted
on its website or on the website of the office of temporary and
disability assistance as provided in section four hundred
eighty-three-ff of the social services law.
(b) (i) Any sign or poster must be at least eight and one-half inches
wide and eleven inches high.
(ii) If the National Human Trafficking hotline toll free number
changes, the authority shall notify each licensee that is subject to the
posting requirement of this section of the change and shall require the
display of one or more signs or posters with the new toll free number
within thirty days of such notification.
(iii) At a minimum, the licensee shall be required to display a
bilingual version of the sign or poster in English and Spanish or to
display one sign or poster in English and one sign or poster in Spanish.
A licensee may be required to display signs or posters in other
languages as determined by the authority.
(c) Any person with a license to sell alcoholic beverages for
consumption on the premises that is subject to the posting requirement
of this section shall display, in an upright position and in a
conspicuous place where it can be easily read by clientele and employees
of the establishment, any sign or poster required by the authority.
2. Any person with a license to sell alcoholic beverages for
consumption on the premises that is subject to the posting requirement
of this section who violates the provisions of this section shall be
subject to a civil penalty, not to exceed one hundred dollars for each
day of violation.
License fees. 1. The annual fee for a distiller's license, class
A, shall be twelve thousand dollars.
1-a. The annual fee for a distiller's license, class A-1, shall be two
hundred fifty dollars.
2. The annual fee for a distiller's license, class B, shall be eight
thousand dollars.
2-a. The annual fee for a distiller's license, class C, shall be one
hundred twenty-eight dollars.
2-b. The annual fee for a distiller's license, class B-1, shall be
three hundred twenty dollars.
2-c. The annual fee for distiller's license, class D, shall be one
hundred twenty-eight dollars.
3. The annual fee for a license to sell liquor at wholesale shall be
sixty-four hundred dollars.
3-a. The annual fee for an importer's license shall be one hundred
twenty-five dollars.
3-b. The annual fee for a brand owner's license shall be one hundred
twenty-five dollars.
4. The annual fee for a license, under section sixty-four or
sixty-four-a of this article, to sell liquor at retail to be consumed on
the premises where sold shall be twenty-one hundred seventy-six dollars
in the counties of New York, Kings, Bronx and Queens; fifteen hundred
thirty-six dollars in the county of Richmond and in cities having a
population of more than one hundred thousand and less than one million;
twelve hundred sixteen dollars in cities having a population of more
than fifty thousand and less than one hundred thousand; and the sum of
eight hundred ninety-six dollars elsewhere; except that the license fees
for catering establishments and off-premises catering establishments
shall be two-thirds the license fee specified herein and for clubs,
except luncheon clubs and golf clubs, shall be seven hundred fifty
dollars in counties of New York, Kings, Bronx and Queens; five hundred
dollars in the county of Richmond and in cities having a population of
more than one hundred thousand and less than one million; three hundred
fifty dollars in cities having a population of more than fifty thousand
and less than one hundred thousand; and the sum of two hundred fifty
dollars elsewhere. The annual fees for luncheon clubs shall be three
hundred seventy-five dollars, and for golf clubs in the counties of New
York, Kings, Bronx, Queens, Nassau, Richmond and Westchester, two
hundred fifty dollars, and elsewhere one hundred eighty-seven dollars
and fifty cents. Notwithstanding any other provision of law to the
contrary, there shall be no annual fee for a license, under section
sixty-four, to sell liquor at retail to be consumed on the premises
where the applicant is an organization organized under section two
hundred sixty of the military law and incorporated pursuant to the
not-for-profit corporation law. Provided, however, that where any
premises for which a license is issued pursuant to section sixty-four or
sixty-four-a of this article remain open only within the period
commencing April first and ending October thirty-first of any one year,
or only within the period commencing October first and ending the
following April thirtieth, the liquor authority may, in its discretion,
grant a summer or winter license effective only for such appropriate
period of time, for which a license fee shall be paid to be pro-rated
for the period for which such license is effective, at the rate provided
for in the city, town or village in which such premises are located,
except that no such license fee shall be less than one-half of the
regular annual license fee; provided further that where the premises to
be licensed are a race track or a golf course or are licensed pursuant
to section sixty-four or sixty-four-a of this article, the period of
such summer license may commence March first and end November thirtieth.
Where a hotel, restaurant, club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the
authority, such fact alone shall not affect the eligibility of the
premises or the person owning or operating such hotel, restaurant, club,
golf course or race track for a summer license.
5. The annual fee for a license to sell liquor at retail not to be
consumed on the premises where sold shall be thirteen hundred sixty-six
dollars in the counties of New York, Kings, Bronx and Queens; eight
hundred fifty-four dollars in the county of Richmond and in cities
having a population of more than one hundred thousand and less than one
million; and elsewhere the sum of five hundred twelve dollars.
6. The annual fee for a license to sell liquor upon any railroad car
to be consumed on such car or any car connected therewith shall be one
hundred ninety-two dollars for each railroad car licensed.
7. The annual fee for a license to sell liquor upon any vessel in this
state to be consumed upon such vessel shall be sixteen hundred dollars
for each vessel licensed, provided, however, that where a vessel is
operated only within the period commencing April first and ending
October thirty-first of any one year, the liquor authority may, in its
discretion, grant for such vessel a summer license effective only for
such period of time, for which a license fee of four hundred forty-eight
dollars shall be paid.
8. The annual fee for a license to sell liquor upon an aircraft being
operated on regularly scheduled flights by a United States certificated
airline in this state shall be nineteen hundred twenty dollars per annum
for an airline company operating up to and including twenty such
aircraft and twenty-five hundred sixty dollars for such an airline
operating more than twenty such aircraft.
9. The annual fee for a license for a bottle club shall be the same as
the annual fee for a special license to sell liquor at retail to be
consumed on the premises, as set forth in subdivision four of this
section.
10. Notwithstanding any provision to the contrary, the annual fee for
a license for an establishment defined as an owner-occupied residence
providing at least three but no more than five rooms for temporary
transient lodgers with sleeping accommodations and a meal in the
forenoon of the day, known as a "bed and breakfast dwelling" as
authorized by subdivision five-a of section sixty-four of this article,
shall be two hundred dollars plus fifteen dollars per each available
bedroom.
License fees, duration of licenses; fee for part of year.
Effective April first, nineteen hundred eighty-three, licenses issued
pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this
article shall be effective for three years at three times that annual
fee, except that, in implementing the purposes of this section, the
liquor authority shall schedule the commencement dates, duration and
expiration dates thereof to provide for an equal cycle of license
renewals issued under each such section through the course of the fiscal
year. Effective December first, nineteen hundred ninety-eight, licenses
issued pursuant to sections sixty-four, sixty-four-a and sixty-four-b of
this article shall be effective for two years at two times that annual
fee, except that, in implementing the purposes of this section, the
liquor authority shall schedule the commencement dates, duration and
expiration dates thereof to provide for an equal cycle of license
renewals issued under each such section through the course of the fiscal
year. Notwithstanding the foregoing, commencing on December first,
nineteen hundred ninety-eight and concluding on July thirty-first, two
thousand two, a licensee issued a license pursuant to section
sixty-four, sixty-four-a or sixty-four-b of this article may elect to
remit the fee for such license in equal annual installments. Such
installments shall be due on dates established by the liquor authority
and the failure of a licensee to have remitted such annual installments
after a due date shall be a violation of this chapter. For licenses
issued for less than the three-year licensing period, the license fee
shall be levied on a pro-rated basis. The entire license fee shall be
due and payable at the time of application. The liquor authority may
make such rules as shall be appropriate to carry out the purpose of this
section.
Direct interstate liquor shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture liquor in any other
state that is equivalent in class and/or production capacity per year to
those licenses authorized to make direct intrastate liquor shipments
under section sixty-nine of this article, who obtains an out-of-state
direct shipper's license, as provided in this section, may ship no more
than thirty-six cases (no more than nine liters each case) of liquor
produced by such license holder per year directly to a resident of New
York who is at least twenty-one years of age, for such resident's
personal use and not for resale, provided the state in which such person
is so licensed affords lawful means for shipments of liquor to be
received by a resident thereof who is at least twenty-one years of age,
for such resident's personal use and not for resale, from a person
licensed in this state as a manufacturer and, provided further, that the
state in which such out-of-state distillery is located affords to New
York state licensed manufacturers with the privilege of producing liquor
reciprocal shipping privileges, meaning shipping privileges that are
substantially similar to the requirements in this section. No person
shall place an order for shipment of liquor unless they are twenty-one
years of age or older. Any common carrier with a permit issued pursuant
to this chapter to whom such out-of-state shipper's license is presented
is authorized to make delivery of shipments provided for hereunder in
this state in compliance with this section.
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture liquor in the applicant's state of
domicile along with a copy of the applicant's federal basic permit after
payment of an annual fee of one hundred twenty-five dollars.
Notwithstanding the provisions of section one hundred ten of this
chapter, the authority in its discretion, may excuse an out-of-state
distillery from the submission of such information.
3. Licensee's responsibilities. The holder of an out-of-state direct
shipper's license:
(a) shall ship no more than thirty-six cases (no more than nine liters
each case) per year of liquor produced by such license holder directly
to a New York state resident who is at least twenty-one years of age,
for such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections thirty-five, fifty-nine-b, and seventy-nine-c of
this chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship liquor directly to a New York resident is conspicuously labeled
with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE
21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other
language specifically approved by the New York state liquor authority;
(d) shall maintain records in such manner and form as the authority
may direct, showing the total amount of liquor shipped into the state
each calendar year; the names and addresses of the purchasers to whom
the liquor was shipped, the date purchased, the name of the common
carrier used to deliver the liquor, and the quantity and value of each
shipment;
(e) shall in connection with the acceptance of an order for a delivery
of liquor to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the liquor being purchased will not be resold or
introduced into commerce;
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this article;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph;
(g) shall file returns with and pay to the New York state department
of taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(h) shall keep all records required by this section for three years
and provide copies of such records, upon written request, to the
authority or the department of taxation and finance;
(i) shall permit the authority or the department of taxation and
finance to perform an audit of such out-of-state shipper upon request;
(j) shall execute a written consent to the jurisdiction of this state,
its agencies and instrumentalities and the courts of this state
concerning enforcement of this section and any related laws, rules, or
regulations, including tax laws, rules or regulations; and
(k) shall prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
4. Situs. Delivery of a shipment in this state by the holder of an
out-of-state direct shipper's license shall be deemed to constitute a
sale in this state at the place of delivery and shall be subject to all
excise taxes levied pursuant to section four hundred twenty-four of the
tax law and all sales taxes levied pursuant to articles twenty-eight and
twenty-nine of such law.
5. Renewal. The out-of-state shipper may annually renew its license
with the authority by paying a one hundred twenty-five dollar renewal
fee, providing the authority with a true copy of its current license in
such other state as an alcoholic beverage manufacturer and by complying
with such other procedures as are prescribed by rule of the authority.
6. Rules and regulations. The authority and the department of taxation
and finance may promulgate rules and regulations to effectuate the
purposes of this section.
7. Enforcement. The authority may enforce the requirements of this
section including the requirements imposed on the common carrier, by
administrative proceedings to suspend or revoke an out-of-state
shipper's license and the authority may accept payment of an
administrative fine in lieu of suspension, such payments to be
determined by rules or regulations promulgated by the authority. In
addition, the authority or the attorney general of the state of New York
shall report violations of this section, where appropriate, to the
United States department of treasury, tax and trade bureau, for
administrative action to suspend or revoke the federal basic permit.
8. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
Direct intrastate liquor shipments. Any person having applied
for and received a class A-1, class B-1, class C, or class D distiller
license under section sixty-one of this article may ship no more than
thirty-six cases (no more than nine liters per case) of liquor produced
by such licensee per year directly to a New York state resident who is
at least twenty-one years of age, for such resident's personal use and
not for resale.
1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee:
(a) shall ship no more than thirty-six cases (no more than nine liters
per case) per year of liquor produced by such license holder directly to
a New York state resident who is at least twenty-one years of age, for
such resident's personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections thirty-six, fifty-nine-c, and seventy-nine-d of
this chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship liquor directly to a New York state resident is conspicuously
labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF
PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
other language specifically approved by the New York state liquor
authority;
(d) shall maintain records in such manner and form as the authority
may direct showing the total amount of liquor shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
liquor was shipped, the date purchased, the name of the common carrier
used to deliver the liquor, and the quantity and value of each shipment.
Such records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;
(e) shall in connection with the acceptance of an order for a delivery
of liquor to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the liquor being purchased will not be resold or
introduced into commerce; and
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this article;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.
2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
ARTICLE 6 Special Provisions Relating to Wine
Winery license. 1. Any person may apply to the liquor authority
for a winery license as provided for in this article. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
2. A winery license shall authorize the holder thereof:
(a) to operate a winery for the manufacture of wine and mead at the
premises specifically designated in the license;
(b) to receive and possess wine and mead from other states consigned
to a United States government bonded winery, warehouse or storeroom
located within the state;
(c) to sell in bulk from the licensed premises the products
manufactured under such license and wine and mead received by such
licensee from any other state to any winery licensee, or meadery license
any distiller licensee or to a permittee engaged in the manufacture of
products which are unfit for beverage use and to sell or deliver such
wine or mead to persons outside the state pursuant to the laws of the
place of such sale or delivery;
(d) to sell from the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, wine and mead manufactured or received by
the licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine and mead
to persons outside the state pursuant to the laws of the place of such
sale or delivery. All wine and mead sold by such licensee shall be
securely sealed and have attached thereto a label setting forth such
information as shall be required by this chapter;
(e) to sell from the licensed premises to licensed farm wineries, farm
cideries, farm distilleries and farm breweries New York state labelled
wine manufactured by the licensee in the original sealed containers of
not more than fifteen gallons each; and
(f) to operate, or use the services of, a custom crush facility as
defined in subdivision nine-a of section three of this chapter.
3. (a) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under sections sixty-three and
seventy-nine of this chapter to sell wine for off-premises consumption.
Such winery may charge a fee for each wine sample tasted. The state
liquor authority shall promulgate rules and regulations regarding such
tastings as provided for in this subdivision.
(a-1) Any person having applied for and received a license as a winery
under this section may conduct wine tastings of New York state labelled
wines and apply to the liquor authority for a permit to sell wine
produced by such winery by the bottle, during such tastings in
establishments licensed under section sixty-four, section sixty-four-a,
section eighty-one or section eighty-one-a of this chapter to sell wine
for consumption on the premises. Such winery may charge a fee of no more
than twenty-five cents for each wine sample tasted. The state liquor
authority shall promulgate rules and regulations regarding such tastings
as provided for in this subdivision.
(b) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent,
representative or solicitor of one or more wineries. Such agent,
representative or solicitor shall be physically present at all times
during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
wine tasting as authorized herein and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law, shall
accrue to the winery licensee.
(c)(i) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle, during such tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions or events, within the hours fixed by or pursuant to
subdivision fourteen of section one hundred five of this chapter,
sponsored by a bona fide charitable organization. For the purposes of
this paragraph, a bona fide charitable organization shall mean and
include any bona fide religious or charitable organization or bona fide
educational, fraternal or service organization or bona fide organization
of veterans or volunteer firefighters, which by its charter, certificate
of incorporation, constitution, or act of the legislature, shall have
among its dominant purposes one or more of the lawful purposes as
defined in subdivision five of section one hundred eighty-six of the
general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor
gatherings, functions, occasions or events sponsored by a charitable
organization. The winery must give the authority written or electronic
notice of the date, time and specific location of each tasting at least
fifteen days prior to the tasting. A winery that obtains a permit to
conduct such wine tastings does not need to apply for or obtain a
temporary beer or wine permit pursuant to section ninety-seven of this
chapter or any other permit to conduct such a tasting or to sell wine by
the bottle for off-premises consumption at such tastings.
(iii) Such winery may charge a fee for each wine sample tasted.
Tastings shall be conducted by an official agent, representative or
solicitor of such winery. The state liquor authority may promulgate
rules and regulations regarding such tastings as provided for in this
subdivision.
4. A licensed winery may at the licensed premises, conduct tastings
of, and sell at retail for consumption on or off the licensed premises,
any wine or wine product manufactured by the licensee or any New York
state labeled wine or New York state labeled wine product or any New
York state labeled cider. Provided, however, for tastings and sales for
on-premises consumption, the licensee shall regularly keep food
available for sale or service to its retail customers for consumption on
the premises. A licensee providing the following shall be deemed in
compliance with this provision: (i) sandwiches, soups or other such
foods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food
items intended to complement the tasting of alcoholic beverages, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking, including but not limited to: cheeses, fruits,
vegetables, chocolates, breads, mustards and crackers. All of the
provisions of this chapter relative to licenses to sell wine at retail
for consumption on or off the premises shall apply so far as applicable
to such licensee.
4-a. A licensed winery may operate a restaurant, hotel, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for
consumption on the premises, wine, mead and wine products manufactured
by the licensee and any New York state labeled wine, mead or New York
state labeled wine product. All of the provisions of this chapter
relative to licenses to sell wine at retail for consumption on the
premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed winery may
apply to the authority for a license under article four of this chapter
to sell other alcoholic beverages at retail for consumption on the
premises at such establishment.
5. Notwithstanding any provision of this chapter to the contrary, any
one or more winery licensees, singly or jointly, may apply to the liquor
authority for a license or licenses to sell wine at retail for
consumption off the premises. For licensees applying singly, the
duration of such license shall be coextensive with the duration of such
licensee's winery license, and the fee therefor shall be five hundred
dollars if such retail premises is located in cities having a population
of one million or more; in cities having less than one million
population and more than one hundred thousand, two hundred fifty
dollars; and elsewhere, the sum of one hundred twenty-five dollars. Such
license shall entitle the holder thereof to sell at retail for
consumption off the premises any New York state labelled wine. Such
license shall also entitle the holder thereof to conduct wine tastings.
Such license shall also authorize the sale by the holder thereof of New
York state labelled wine, in sealed containers for off-premises
consumption, from the specially licensed premises of any person licensed
pursuant to section eighty-one-a of this article to sell wine at retail
for consumption on premises in which the principal business is the
operation of a legitimate theater or such other lawful adult
entertainment or recreational facility as the liquor authority may
classify for eligibility pursuant to subdivision six of section
sixty-four-a of this chapter. Not more than five such licenses shall be
issued, either singly or jointly, to any licensed winery. All other
provisions of this chapter relative to licenses to sell wine at retail
for consumption off the premises shall apply so far as applicable to
such application. The liquor authority is hereby authorized to adopt
such rules as it may deem necessary to carry out the purpose of this
subdivision, provided that all licenses issued pursuant to this
subdivision shall be subject to the same rules and regulations as are
applicable to the sale of wine at retail for consumption off the
premises of the winery licensee.
6. Any winery licensed pursuant to this section is authorized to
engage in what is commonly known as wine by wire services whereby a
winery within the state may make deliveries on behalf of other wineries
within the state.
7. Notwithstanding any provision of this chapter to the contrary, a
licensed winery may apply to the liquor authority for a permit to sell
New York state labelled wine, by the bottle, at the state fair, at
recognized county fairs and at farmers markets operated on a
not-for-profit basis. As a condition of the permit, an agent,
representative, or solicitor from the winery must be present at the time
of sale.
8. Any winery may sell or deliver such wine produced by the winery to
persons outside the state pursuant to the laws of the place of such sale
or delivery.
10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of one
hundred twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as it may prescribe, issue to a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly
organized church, synagogue or religious organization for sacramental
purposes.
11. (a) A licensed winery may manufacture, bottle and sell fruit
juice, fruit jellies and fruit preserves, tonics, salad dressings and
unpotable wine sauces on and from licensed premises.
(b) Such license shall authorize the holder thereof to store and sell
gift items in a tax-paid room upon the licensed premises. These gift
items shall be limited to the following categories:
(i) Non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages.
(ii) Food items for the purpose of complementing wine tasting shall
mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(iii) Food items, which shall include locally produced farm products
and any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing wine or wine product.
(iv) Wine supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of wine or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing wine or a wine product.
(v) Souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
(vi) New York state labelled wine produced or manufactured by any
other New York state winery or farm winery licensee. Such wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee or obtained on a consignment basis pursuant to a written
agreement between the selling and purchasing licensee.
(c) Notwithstanding any provision of this chapter to the contrary, any
winery licensee may charge:
(i) For tours of its premises; and
(ii) For any wine tastings.
(d) Wine grape growers or wine producer organizations or associations,
incorporated within the state for the purpose of wine or wine grape
promotion may hold wine tastings for purposes of education in the
production and proper use of wine products under the same rules applying
to winery licensees.
(e) The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this subdivision.
(f) A licensed winery may engage in any other business on the licensed
premises subject to such rules and regulations as the liquor authority
may prescribe. In prescribing such rules and regulations, the liquor
authority shall promote the expansion and profitability of wine
production and of tourism in New York, thereby promoting the
conservation, production and enhancement of New York state agricultural
lands. Further, such rules and regulations shall determine which
businesses will be compatible with the policy and purposes of this
chapter and shall consider the effect of particular businesses on the
community and area in the vicinity of the winery licensee.
12. A licensed winery shall be permitted to remain open for the
purposes of selling its products, in accordance with the provisions of
subdivisions two and four of this section, and/or conducting wine
tasting at the winery, and/or conducting public tours of its winery
and/or to sell New York state labelled wine, by the bottle, at the state
fair, at recognized county fairs and at farmers markets operated on a
not-for-profit basis in accordance with the provisions of this section
on Sunday between the hours of ten o'clock in the morning and midnight.
The authority is hereby authorized to promulgate rules and regulations
to effectuate the purposes of this subdivision.
13. Notwithstanding any other provision of law to the contrary, a
winery licensed pursuant to this section may engage in custom wine
production allowing individuals to assist in the production of wine or
mead for sale for personal or family use, provided, however, that (a)
the wine or mead must be purchased by the individual assisting in the
production of such wine or mead; and (b) the owner, employee or agent of
such winery shall be present at all times during such production.
14. Any person licensed under this section shall manufacture at least
fifty gallons of wine and/or mead per year.
Farm winery license. 1. Any person may apply to the liquor
authority for a farm winery license as provided for in this article.
Such application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application it shall issue a license in such form as shall be determined
by its rules.
2. A farm winery license shall authorize the holder thereof to:
(a) operate a farm winery for the manufacture of wine, New York state
labeled mead or New York state labeled cider at the premises
specifically designated in the license;
(b) sell in bulk from the licensed premises the products manufactured
under such license to any winery licensee, any other farm winery
licensee, any distiller licensee or to a permittee engaged in the
manufacture of products which are unfit for beverage use and to sell or
deliver such wine to persons outside the state pursuant to the laws of
the place of such sale or delivery;
(c) sell from the licensed premises to a licensed winery, farm
distiller, farm brewery, farm cidery, farm meadery, wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, or at retail for consumption off the
premises, wine, cider, or mead manufactured by the licensee as above set
forth and to sell or deliver such wine or cider to persons outside the
state pursuant to the laws of the place of such sale or delivery. All
wine, cider, or mead sold by such licensee for consumption off the
premises shall be securely sealed and have attached thereto a label
setting forth such information as shall be required by this chapter;
(d) operate, or use the services of, a custom crush facility as
defined in subdivision nine-a of section three of this chapter;
(e) conduct tastings of and sell at the licensed premises, at retail
for consumption on or off the licensed premises alcoholic beverages
manufactured by the licensee or any other licensed farm winery; New York
state labeled wine manufactured by any licensed winery; New York state
labeled beer manufactured by any licensed brewer or farm brewery; New
York state labeled cider manufactured by any licensed cider producer,
farm cidery or farm brewery; New York state labeled mead manufactured by
any licensed farm meadery, winery or farm winery; New York state labeled
braggot manufactured by any licensed meadery, brewery or farm brewery
and New York state labeled liquor manufactured by any licensed distiller
or farm distillery;
(f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, wine,
cider, and mead manufactured by the licensee and any New York state
labeled wine, New York state labeled cider, New York state labeled mead
or New York state labeled wine product. All of the provisions of this
chapter relative to licenses to sell wine at retail for consumption on
the premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed farm winery may
apply to the authority for a license under this chapter to sell other
alcoholic beverages at retail for consumption on the premises at such
establishment.
3. (a) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under section sixty-three of
this chapter and section seventy-nine of this article to sell wine for
off-premises consumption. Such farm winery may charge a fee for each
wine sample tasted. The state liquor authority shall promulgate rules
and regulations regarding such tastings as provided for in this
subdivision.
(b) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines and apply to the liquor authority for a permit to sell
wine produced by such farm winery, by the bottle, during such tastings
in establishments licensed under sections sixty-four and sixty-four-a of
this chapter and section eighty-one or section eighty-one-a of this
article to sell wine for consumption on the premises. Such farm winery
may charge a fee of no more than twenty-five cents for each wine sample
tasted. The state liquor authority shall promulgate rules and
regulations regarding such tastings as provided for in this subdivision.
(c) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent,
representative or solicitor of one or more farm wineries. Such agent,
representative or solicitor shall be physically present at all times
during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
wine tasting as authorized herein and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law, shall
accrue to the farm winery.
(d) (i) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle, during such tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions or events, within the hours fixed by or pursuant to
subdivision fourteen of section one hundred five of this chapter,
sponsored by a bona fide charitable organization. For the purposes of
this paragraph, a bona fide charitable organization shall mean and
include any bona fide religious or charitable organization or bona fide
educational, fraternal or service organization or bona fide organization
of veterans or volunteer firefighters, which by its charter, certificate
of incorporation, constitution, or act of the legislature, shall have
among its dominant purposes one or more of the lawful purposes as
defined in subdivision five of section one hundred eighty-six of the
general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such farm winery to participate in such outdoor or
indoor gatherings, functions, occasions or events sponsored by a
charitable organization. The farm winery must give the authority written
or electronic notice of the date, time and specific location of each
tasting at least fifteen days prior to the tasting. A farm winery that
obtains a permit to conduct such wine tastings does not need to apply
for or obtain a temporary beer or wine permit pursuant to section
ninety-seven of this chapter or any other permit to conduct such a
tasting or to sell wine by the bottle for off-premises consumption at
such tastings.
(iii) Such farm winery may charge a fee for each wine sample tasted.
Tastings shall be conducted by an official agent, representative or
solicitor of such farm winery. The state liquor authority may adopt
rules and regulations regarding such tastings as provided in this
subdivision.
4. (a) A farm winery license shall authorize the holder thereof to
manufacture, bottle and sell fruit juice, fruit jellies and fruit
preserves, tonics, salad dressings and unpotable wine sauces on and from
the licensed premises.
(b) Such license shall authorize the holder thereof to store and sell
gift items in a tax-paid room upon the licensed premises incidental to
the sale of wine. These gift items shall be limited to the following
categories:
(1) Non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages.
(2) Food items for the purpose of complimenting wine tastings, shall
mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(3) Food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing wine or a wine product.
(4) Wine supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of wine or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing wine or a wine product.
(5) Souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
(6) New York state labelled wine or liquors produced or manufactured
by any other New York state winery or farm winery licensee or by the
holder of any distiller's license. Such wine or liquors may be purchased
outright by the licensee from a New York winery or farm winery licensee
or the holder of any distiller's license or obtained on a consignment
basis pursuant to a written agreement between the selling and purchasing
licensee.
(7) Wine-making equipment and supplies including, but not limited to,
grapes, grape juice, grape must, home wine-making kits, presses, pumps,
bottling equipment, filters, yeasts, chemicals and other wine additives,
wine storage or fermenting vessels, barrels, and books or other written
material to assist wine-makers and home wine-makers to produce and
bottle wine.
(c) The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this subdivision.
(d) A licensed farm winery may engage in any other business on the
licensed premises subject to such rules and regulations as the liquor
authority may prescribe. In prescribing such rules and regulations, the
liquor authority shall promote the expansion and profitability of wine
production and of tourism in New York, thereby promoting the
conservation, production and enhancement of New York state agricultural
lands. Further, such rules and regulations shall determine which
businesses will be compatible with the policy and purposes of this
chapter and shall consider the effect of particular businesses on the
community and area in the vicinity of the farm winery licensee.
(e) Notwithstanding any provision of this chapter to the contrary, any
farm winery licensee may charge:
(i) For tours of its premises; and
(ii) For any wine tastings.
5. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm winery shall manufacture or sell any wine not produced
exclusively from grapes or other fruits or agricultural products grown
or produced in New York state.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed no less than forty percent of a specific
grape varietal grown or produced in New York state and used for
winemaking, the commissioner, in consultation with the chairman of the
state liquor authority, may give authorization to a duly licensed farm
winery to manufacture or sell wine produced from grapes grown outside
this state. No such authorization shall be granted to a farm winery
licensee unless such licensee certifies to the commissioner the quantity
of New York grown grapes unavailable to such licensee due to such
natural disaster, act of God or continuing adverse weather condition and
satisfies the commissioner that reasonable efforts were made to obtain
grapes from a New York state source for such wine making purpose. No
farm winery shall utilize an amount of out-of-state grown grapes or
juice exceeding the amount of New York grown grapes that such winery is
unable to obtain due to the destruction of New York grown grapes by a
natural disaster, act of God or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the state liquor authority are authorized to
adopt rules and regulations as they may deem necessary to carry out the
provisions of this subdivision which shall include ensuring that in
manufacturing wine farm wineries utilize grapes grown or produced in New
York state to the extent they are reasonably available, prior to
utilizing grapes or juice from an out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm wineries and to the public each specific grape varietal loss
determination issued pursuant to paragraph (b) of this subdivision on or
before August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each year results in any grape varietal loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation shall with the chairman of the
state liquor authority, may issue additional grape varietal loss
determinations and shall expeditiously make available to farm wineries
and to the public each specific grape varietal loss determination issued
pursuant to this paragraph prior to October tenth of each year.
6. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm winery shall manufacture or sell any cider other than New
York state labeled cider.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed at least thirty percent of the apple
crop necessary for producing cider, the commissioner of agriculture and
markets, in consultation with the chairman of the authority, may give
authorization to a duly licensed farm winery to manufacture or sell
cider produced from such apples designated as necessary for producing
cider and grown outside this state. No such authorization shall be
granted to a farm winery licensee unless such licensee certifies to the
commissioner of agriculture and markets the quantity of such New York
state apples designated as necessary for producing cider unavailable to
such licensee due to such natural disaster, act of God, or continuing
adverse weather condition and satisfies the commissioner of agriculture
and markets that reasonable efforts were made to obtain such apples from
a New York state source for such cider making purpose. No farm winery
shall utilize an amount of out-of-state grown apples exceeding the
amount of such designated New York grown apples that such cidery is
unable to obtain due to the destruction of New York grown apples by a
natural disaster, act of God, or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the authority are authorized to adopt rules
and regulations as they may deem necessary to carry out the provisions
of this subdivision which shall include ensuring that in manufacturing
cider farm cideries utilize apples grown in New York state to the extent
they are reasonably available, prior to utilizing apples from an
out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm wineries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm wineries and to the public the loss
determination issued pursuant to this paragraph prior to October tenth
of each year.
7. Notwithstanding any other provision of this chapter, a farm winery
license shall authorize the holder thereof to:
(a) Offer for sale or solicit any order in the state for the sale of
any New York state labelled wine manufactured by the licensee or any
other winery or farm winery licensed pursuant to this article.
(b) Engage as a broker in the purchase and sale of New York state
labelled wines for a fee or commission for or on behalf of any winery or
farm winery licensed pursuant to this article.
(c) Maintain a warehouse on the premises pursuant to section
ninety-six of this chapter for the warehousing of any New York state
labelled wines manufactured by any winery or farm winery licensed
pursuant to this article. Any winery or farm winery that maintains such
a warehouse must comply with the provisions of section ninety-six of
this chapter.
(d) Deliver or transport any New York state labelled wine manufactured
or produced by the licensee or any other winery or farm winery licensed
pursuant to this article in any vehicle owned, leased or hired by the
licensee. The New York state labelled wine can be delivered, transported
or sold by the licensee to any holder of: (i) a winery or farm winery
license, (ii) a license to sell alcoholic beverages for consumption on
the premises, (iii) a license to sell alcoholic beverages for
consumption off the premises, (iv) or any person that can receive or
purchase wine from a farm winery. The licensee is not required to obtain
from the liquor authority a trucking permit or pay any fees pursuant to
section ninety-four of this chapter.
(e) Sell for consumption off the premises New York state labelled
liquors manufactured by the holder of a class A-1, B-1, or C distiller's
license.
8. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm winery. Such
locations, although not required to be on a farm, shall be considered
part of the licensed premises and all activities allowed at and limited
to the farm winery may be conducted at the branch offices. Such branch
offices shall not be located within, share a common entrance and exit
with, or have any interior access to any other business, including
premises licensed to sell alcoholic beverages at retail. Prior to
commencing operation of any such branch office, the licensee shall
notify the authority of the location of such branch office and the
authority may issue a permit for the operation of same. Such branch
offices shall not be subject to the provisions of subdivision two, three
or four of section seventy-nine of this article or the provisions of
subdivisions two and three, and paragraphs (b) and (c) of subdivision
ten of section one hundred five of this chapter.
9. (a) No licensed farm winery shall manufacture in excess of two
hundred fifty thousand finished gallons of wine, cider, and mead
annually.
(b) Any person licensed under this section shall manufacture at least
fifty gallons of wine, cider, and mead per year.
10. Notwithstanding any other provision of law to the contrary, a farm
winery licensed pursuant to this section may engage in custom production
allowing individuals to assist in the production of New York state
labeled wine, cider and mead for sale for personal or family use,
provided, however, that (a) the wine, cider and mead must be purchased
by the individual assisting in the production of such wine, cider or
mead; and (b) the owner, employee or agent of such winery shall be
present at all times during such production.
11. Notwithstanding any other provision of this chapter, a farm winery
license shall authorize the holder thereof to sell wines manufactured or
produced by such licensee to a roadside farm market pursuant to section
seventy-six-f of this article.
12. Notwithstanding any provision of law to the contrary, another
business or other businesses may operate on the licensed premises
subject to such rules and regulations as the liquor authority may
prescribe. Such rules and regulations shall determine which businesses
will be compatible with the policy and purposes of this chapter and
shall consider the effect of particular businesses on the community and
area in the vicinity of the farm winery premises, provided however that
a retail business licensed under this chapter shall not be permitted to
operate at a licensed manufacturing premises.
Special winery license. 1. Any person may apply to the liquor
authority for a license to operate a special winery on the premises of
an existing winery licensee. Such application shall be in writing and
verified and shall contain such information as the liquor authority
shall require. Such application shall be accompanied by a check or draft
for the amount required by this article for such license. If the liquor
authority shall grant the application it shall issue a license in such
form as shall be determined by its rules.
2. The provisions of section seventy-six of this article relating to
the operation of a winery shall also apply to the holder of a license
under this section.
3. Notwithstanding any other provision of this chapter, a special
winery license shall authorize the holder thereof to sell wines
manufactured or produced by such licensee to a roadside farm market
pursuant to section seventy-six-f of this article.
Special farm winery license. 1. Any person may apply to the
liquor authority to operate a special farm winery on the premises of an
existing farm winery licensee as provided for in this article. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application it shall issue a license in such form as shall be determined
by its rules.
2. The provisions of section seventy-six-a of this article relating to
the operation of a farm winery shall also apply to the holder of a
license under this section.
Special provisions relating to wineries and farm wineries
holding a distiller's license. 1. Any person who holds a winery license
pursuant to section seventy-six of this article or a farm winery license
pursuant to section seventy-six-a of this article and, in addition to
such license, holds a distiller's license pursuant to section sixty-one
of this chapter, and who conducts wine tastings pursuant to the
provisions of such sections seventy-six and seventy-six-a of this
article, shall be authorized to conduct tastings of brandy manufactured
by such licensed winery or licensed farm winery, at such wine tastings.
2. All consumer tastings of brandy shall be conducted subject to the
following limitations:
(a) Tastings of brandy shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one of this chapter.
Such agent shall be physically present upon the premises at all times
during the conducting of the consumer tasting of brandy.
(b) No such person or persons licensed pursuant to section sixty-one
of this chapter, and no official agent thereof, may provide, directly or
indirectly: (i) more than a total of three samples of brandy for tasting
to a person in one calendar day; or (ii) a sample of brandy for tasting
equal to more than one-quarter fluid ounce.
(c) Any liability stemming from a right of action resulting from a
consumer tasting of brandy authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the persons licensed pursuant to
section sixty-one of this chapter, who conducted such tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding brandy tastings as provided for in this section.
4. Any person who holds a winery license pursuant to section
seventy-six of this article or a farm winery license pursuant to section
seventy-six-a of this article, and who is authorized to sell wine for
consumption off the premises pursuant to the provisions of such sections
seventy-six and seventy-six-a of this article, shall be authorized to
sell brandy manufactured by such licensed winery or licensed farm winery
for consumption off the premises. Such sale of brandy for consumption
off the premises shall only occur at the licensed winery or farm winery
and not at any other off-premises locations licensed to the winery or
farm winery, pursuant to subdivision four of section seventy-six of this
article. The sale of brandy at a winery or farm winery shall also be
subjected to the same hours of operation as set forth for the sale of
wine at a winery or farm winery. The authority shall promulgate rules
and regulations for the sale of brandy at wineries or farm wineries for
off-premises consumption.
Custom winemakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom winemakers' center license as provided for in this section to
operate a custom winemakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of wine by such individuals for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of such license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture wine for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, "fruit" shall mean grapes, other
fruits, fruit juices, and other agricultural products including, but not
limited to, honey and flowers, that are grown or produced in the state
of New York.
3. A custom winemakers' center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase fruit to
manufacture wine for personal household use provided that the
manufacture and production of wine for personal household consumption
and use is done in accordance with state and federal laws and
regulations. Such a license shall also authorize the licensee, provided
such activities are permitted by the federal Alcohol and Tobacco Tax and
Trade Bureau for the manufacture of tax exempt wine for personal
household use, to:
(a) conduct training classes on how to manufacture wine; and
(b) conduct wine tastings for those individuals taking such classes
and/or using such facilities for the production of wine at the licensed
facility provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of wine as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to such center.
4. The custom winemakers' center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility's hours of
operations.
6. The annual aggregate production of wine at any such center for all
individuals making wine at such premises, pursuant to a custom
winemakers' center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by wine produced at such facility under a winery's license
or farm winery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom winemakers' center license to the holder of a farm
winery or winery license for use at such licensee's existing licensed
premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individual or individuals that have used such
facility and the annual amount of wine produced by each individual at
the facility pursuant to the rules of the authority.
Wholesaler's wine license. 1. The procedure contained in
section sixty-two hereof shall apply so far as applicable to
applications for a wholesaler's wine license. Such license shall
contain a description of the licensed premises and in form and in
substance shall be a license to the person therein specifically
designated to sell wine at wholesale in the premises therein
specifically licensed in the original sealed containers of not more than
fifteen gallons each to duly licensed manufacturers, wholesalers,
retailers and permittees in this state, and to sell or deliver such wine
to persons outside the state pursuant to the laws of the place of such
sale or delivery.
2. Upon payment to the liquor authority of an additional annual fee of
one hundred twenty-five dollars, the liquor authority may in its
discretion and upon such terms and conditions as it may prescribe, issue
to a wholesale wine licensee upon application therefor a certificate
authorizing such wholesaler to sell wine at retail in sealed containers
to a regularly organized church, synagogue or religious organization for
sacramental purposes.
Seven day license to sell wine at retail for consumption off the
premises. 1. The procedure set forth in section sixty-three of this
chapter shall apply so far as applicable to applications for seven day
licenses to sell wine at retail for off-premise consumption. Such seven
day license shall in form and in substance be a license to the person
specifically licensed to sell wine at retail for off-premise
consumption.
1-a. The liquor authority shall convert all current licenses to sell
wine at retail for consumption off the premises to seven day licenses to
sell wine at retail for consumption off the premises pursuant to
subdivision three of section seventy-five of this article. However, the
conversion of the license to the seven day license shall not affect
licenses other than licenses issued pursuant to subdivision three of
section seventy-five of this article prior to the effective date of part
W3 of chapter 62 of the laws of 2003.
2. Not more than one license shall be granted to any person under this
section.
3. No licensee under this section shall be engaged in any other
business in the premises licensed. The sale of those items specifically
enumerated in subdivision four of section sixty-three of this chapter
shall not constitute engaging in another business within the meaning of
this subdivision.
4. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder shall be
made in accordance with public convenience and advantage.
Authorization to sell wine products by certain licensees for
consumption off the premises. 1. Any person licensed to sell beer at
retail for consumption off the premises, pursuant to section fifty-four
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
sixty-five dollars in cities having a population of one hundred thousand
or over and eighty-three dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers for
consumption off such premises. Upon receipt of such additional fee, the
liquor authority shall promptly issue a permit authorizing such sales by
the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-four of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-three and seventy-nine of this chapter.
Authorization to sell wine products by certain licensees for
consumption on the premises. 1. Any person licensed to sell beer at
retail for consumption on the premises, pursuant to section fifty-five
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
ninety-two dollars in cities having a population of one hundred thousand
or over and ninety-six dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers at
retail for consumption on or off such premises. Upon receipt of such
additional fee, the liquor authority shall promptly issue a permit
authorizing such sales by the licensee.
1-a. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five-a of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred ninety-two dollars in cities
having a population of one hundred thousand or over and ninety-six
dollars elsewhere, be granted authorization to sell from the licensed
premises wine products in sealed containers at retail for consumption on
such premises. Upon receipt of such additional fee, the liquor authority
shall promptly issue a permit authorizing such sales by the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-five of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-four and eighty of this chapter.
Direct intrastate wine shipments. Any person having applied
for and received a license as a winery or farm winery under sections
seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
and seventy-six-f of this article may ship no more than thirty-six cases
(no more than nine liters per case) of wine produced by such winery or
farm winery per year directly to a New York state resident who is at
least twenty-one years of age, for such resident's personal use and not
for resale.
1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee:
(a) shall in the case of a farm winery licensee or a winery licensee,
ship no more than thirty-six cases (no more than nine liters) per year
of wine produced by such license holder directly to a New York state
resident who is at least twenty-one years of age, for such resident's
personal use and not for resale;
(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections thirty-six, fifty-nine-c, and sixty-nine of this
chapter, as applicable;
(c) shall ensure that the outside of each shipping container used to
ship wine directly to a New York state resident is conspicuously labeled
with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE
21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other
language specifically approved by the New York state liquor authority;
(d) shall maintain records in such manner and form as the authority
may direct showing the total amount of wine shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment.
Such records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;
(e) shall in connection with the acceptance of an order for a delivery
of wine to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the wine being purchased will not be resold or introduced
into commerce; and
(f) shall require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.
2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.
Wine tasting. 1. Except as otherwise provided for in this
chapter, any person licensed to sell wine pursuant to this article, or
section sixty-three or section seventy-nine of this chapter, shall be
permitted to conduct wine tastings only upon the licensed premises. Wine
tastings which are conducted under the auspices of an official agent of
a farm winery, winery, wholesaler, or importer and where such agent is
physically present at all times during the conduct of the tasting, then,
in that event, any liability stemming from a right of action resulting
from a wine tasting as authorized herein, and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm winery, winery, wholesaler, or importer.
2. In addition to such other wine tastings permitted under this
chapter, licensed farm wineries, wineries, and wine wholesalers may
apply for a permit, pursuant to paragraph k of subdivision one of
section ninety-nine-b of this chapter, to conduct wine tastings. Such
permits shall be valid throughout the state and may be issued on an
annual basis or for individual events. Each such permit and the exercise
of the privilege granted thereby shall be subject to such rules of the
liquor authority as it deems necessary.
License to sell wine at retail for consumption on the premises.
1. The procedure set forth in section sixty-four hereof shall apply so
far as applicable to applications for licenses to sell wine at retail
for consumption on the premises, except as provided in subdivision two
of this section.
2. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
3. Such license shall in form and in substance be a license to the
person specifically licensed to sell wine at retail, to be consumed upon
the premises. Such license shall also be deemed to include a license to
sell beer, soju and shochu at retail to be consumed under the same terms
and conditions without the payment of any additional fee. For the
purposes of this subdivision:
(a) "soju" shall mean an imported Korean alcoholic beverage that
contains not more than twenty-four per centum alcohol, by volume, and is
derived from agricultural products.
(b) "shochu" shall mean an imported Japanese alcoholic beverage that
contains not more than twenty-four per centum alcohol, by volume, and is
derived from agricultural products.
4. A restaurant licensed to sell wine under this section may permit a
patron to remove one unsealed bottle of wine for off-premises
consumption provided that the patron has purchased a full course meal
and consumed a portion of the bottle of wine with such meal on the
restaurant premises. For the purposes of this subdivision the term "full
course meal" shall mean a diversified selection of food which is
ordinarily consumed with the use of tableware and cannot conveniently be
consumed while standing or walking. A partially consumed bottle of wine
that is to be removed from the premises pursuant to this subdivision
shall be securely sealed by the licensee or an agent of the licensee
prior to removal from the premises, in a bag such that it is visibly
apparent that such resealed bottle of wine has not been tampered with.
Such licensee or agent of the licensee shall provide a dated receipt for
the bottle of wine to the patron.
Special license to sell wine at retail for consumption on the
premises. 1. On or after the effective date hereof, any person may make
an application to the appropriate board for a special license to sell
wine at retail to be consumed on the premises where sold.
2. Such special license shall in form and in substance be a license to
the person specifically licensed to sell wine at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell beer at retail to be consumed under the
same terms and conditions, without the payment of any additional fee.
3. The provisions contained in subdivisions three, four, six, eight
and nine of section sixty-four-a shall apply to applicants for licenses
under this section.
4. a. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
b. Notwithstanding paragraph a of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.
Prohibited sales. The restrictions contained in section
sixty-five hereof shall apply to persons licensed to sell wine at
retail.
License fees. 1. The annual fee for a winery license shall be
six hundred twenty-five dollars.
1-a. The annual fee for a farm winery license shall be one hundred
twenty-five dollars, provided that the annual fee for a farm winery
manufacturing no more than fifteen hundred finished gallons of wine
annually shall be fifty dollars.
1-d. The fee for each license issued for a winery or farm winery
licensee's authority to conduct wine tastings and the sale of New York
state labelled wines for off-premises consumption pursuant to paragraph
(c) of subdivision two of section seventy-six of this article shall be
forty dollars.
2. The annual fee for a license to sell wine at wholesale shall be
eight hundred dollars.
3. The annual fee for a license to sell wine at retail, not to be
consumed on the premises, shall be six hundred forty dollars for each
such place where such business is carried on in cities having a
population of one million or more; in cities having less than one
million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred forty-five
dollars.
4. The annual fee for selling wine at retail, to be consumed on the
premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over the
sum of four hundred eighty dollars per year; and
(b) Elsewhere, the sum of two hundred forty dollars per year.
4-a. The annual fee for a license to sell wine at retail to be
consumed on the premises where sold where the premises to be licensed
remain open only within the period commencing April first and ending
October thirty-first of any one year or only within the period
commencing October first and ending the following April thirtieth, the
liquor authority, in its discretion, may grant a summer or winter
license effective only for such appropriate period of time, for which an
annual fee of one hundred twelve dollars shall be paid.
5. The annual fee for a special license to sell wine at retail, to be
consumed on the premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over, the
sum of five hundred seventy-six dollars per year; and
(b) Elsewhere, the sum of two hundred seventy dollars per year.
6. The annual fee for a special winery license shall be six hundred
twenty-five dollars.
7. The annual fee for a special farm winery license shall be one
hundred twenty-five dollars.
8. The annual fee for a roadside farm market license shall be one
hundred dollars.
9. The annual fee for a license to operate a custom winemakers' center
shall be three hundred twenty dollars.
License fees; when due and payable; fee for part of year. The
provisions contained in section sixty-seven shall apply to all licenses
issued pursuant to this article.
Purchase from private collection. Notwithstanding any other
provisions of this chapter any nonlicensed person owning bottled wine is
authorized to sell that wine to a wholesale or retail licensee
authorized to sell wine. The licensee involved in such sale shall ensure
that each bottle of wine sold from a private collection has a
permanently affixed label stating that the wine was acquired from a
private collection.
ARTICLE 7 Special Permits
Industrial alcohol permit. 1. An industrial alcohol permit may
be issued by the liquor authority entitling the applicant to purchase
alcohol intended for use in the manufacture and sale of any of the
following, when they are unfit for beverage purposes, namely:
(a) Denatured alcohol purchased and used pursuant to acts of Congress
and regulations promulgated thereunder.
(b) Patent, proprietary, medicinal, pharmaceutical, antiseptic and
toilet preparations.
(c) Flavoring extracts, syrups and food products.
(d) Scientific, chemical, mechanical and industrial products.
2. Such permit shall be in such form as prescribed by the rules of the
liquor authority and shall permit the purchaser to use said alcohol for
the purpose named in such permit and in accordance with the terms and
conditions of such permit and the rules of the liquor authority.
3. Such permit shall be issued for a calendar year, and the fee
therefor shall be sixty-four dollars per year, or for any part thereof.
4. Any person who shall knowingly sell any of the products enumerated
in this section for beverage purposes, or who shall sell any of the same
under circumstances from which he might reasonably deduce the intention
of the purchaser to use them for such purposes, shall be subject to the
penalties provided for in this chapter.
Industrial alcohol manufacturers' permits. 1. An industrial
alcohol manufacturer's permit may be issued by the liquor authority
entitling the applicant to manufacture alcohol intended for use and/or
used for the following purposes:
For scientific, chemical, mechanical, industrial, medicinal and
culinary purposes.
For use by those authorized to procure alcohol tax-free, as provided
by the acts of congress and regulations promulgated thereunder.
In the manufacture of denatured alcohol as provided by the acts of
congress and regulations promulgated thereunder.
In the manufacture of patented, patent, proprietary, medicinal,
pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and
industrial preparations or products, unfit for beverage purposes.
In the manufacture of flavoring extracts and syrups, unfit for
beverage purposes.
In the manufacture of ethanol from biomass feedstock for use as fuel
(including but not limited to motor fuel, heating fuel or fuel for
process heat).
2. Such permit shall be in such form as prescribed by the rules of the
liquor authority and shall permit the manufacturer to manufacture and
distribute said alcohol to holders of industrial alcohol permits,
alcohol permits, distributors' alcohol permits class A, distributors'
alcohol permits class B and distributors' alcohol permits class C but
nothing contained herein shall authorize the manufacturing and
distribution of said alcohol for beverage purposes.
3. The annual fee for an industrial alcohol manufacturer's permit
shall be eight hundred dollars, except that:
(a) no holder of a class A distiller's license shall be required to
obtain such permit or pay such fee;
(b) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock, ethanol for his own use
as fuel;
(c) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock, less than one hundred
thousand gallons of ethanol annually for use as a fuel;
(d) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock other than food crops,
ethanol for use as fuel; and
(e) no fee shall be required from any applicant who certifies that he
is the holder of an experimental distilled spirits plant permit, as
provided by federal law and regulation, for the manufacture of ethanol
for his own use as fuel.
Any permit issued pursuant to paragraph (b), (c), (d) or (e) of this
subdivision shall clearly state the conditions upon which it is granted.
4. Such industrial alcohol manufacturer's permit shall be effective
for a license year expiring on the thirty-first day of December
following the date of issue, and the fee prescribed therefor by this
section shall be the fee due and payable therefor, and shall be paid in
advance at the time the application shall be made as provided by this
section.
When application for any permit under this section is made, after the
first day of January in any year, the fee therefor shall, for the
balance of the year, be in proportion as the remainder of such year
shall bear to the whole year, except, that it shall in no case be for
less than one-half of such year.
Alcohol permit. 1. The liquor authority is hereby authorized to
issue special permits for the purchase of alcohol to the superintendent,
or duly authorized officer, of a hospital, museum, laboratory, art,
charitable, educational, or similar public institution, or to a drug
store, or licensed physician, dentist, veterinarian, optometrist and
chiropodist, or to a manufacturing establishment using alcohol in its
processes of manufacture.
2. Such permit shall be issued in such form as prescribed by the
liquor authority and shall permit the purchase and use of such alcohol
for the purpose named in such permit and in accordance with the terms
and conditions thereof and the rules of the liquor authority.
3. Such permit shall be issued for a calendar year, and the fee
therefor shall be six dollars per year or for any part thereof.
4. Any person who shall knowingly sell any alcohol for beverage
purposes or who shall sell the same under circumstances from which he
might reasonably deduce the intention of the purchaser to use it for
such purposes, shall be subject to the penalties provided for in this
chapter.
Alcohol distributors' permits. 1. The following kinds of
permits may be issued for the sale and distribution of alcohol.
(a) Distributor's alcohol permit---class a.
(b) Distributor's alcohol permit---class b.
(c) Distributor's alcohol permit---class c.
(d) Distributor's alcohol permit---class d.
2. (a) A class "a" permit shall authorize the holder thereof to sell
and distribute to licensed rectifiers alcohol which is to be used for
beverage purposes and to all holders of permits issued pursuant to this
section or sections ninety-one and ninety-two of this chapter. (b) A
class "b" permit shall authorize the holder thereof to sell and
distribute alcohol to holders of a class "c" alcohol distributor's
permit or to holders of permits issued pursuant to section ninety-one
and section ninety-two of this chapter. (c) A class "c" permit shall
authorize the holder thereof to sell and distribute alcohol to holders
of permits issued pursuant to section ninety-two of this chapter and to
use alcohol in the preparation by him of any of the products enumerated
in section ninety-one of this chapter. Such a permit may be applied for
by and shall be issued only to a wholesale druggist. (d) A class "d"
permit shall authorize the holder thereof to sell and distribute alcohol
to the holder of winery licenses. Such permits shall be issued only to a
person holding a winery license under this chapter.
Such permits shall be issued in such form as may be prescribed by the
liquor authority, and the privileges granted thereby shall be exercised
in accordance with the terms and conditions thereof and the rules of the
liquor authority.
3. The annual fee for a distributor's alcohol permit, class "a," shall
be sixteen hundred dollars.
4. The annual fee for a distributor's alcohol permit, class "b," shall
be eight hundred dollars.
5. The annual fee for a distributor's alcohol permit, class "c," shall
be one hundred sixty dollars.
6. The annual fee for a distributor's alcohol permit, class "d," shall
be three hundred eighty-four dollars.
7. Such distributors' alcohol permits shall be effective for a license
year expiring on the thirty-first day of December following the date of
issuance, and the fee prescribed therefor by this section shall be the
fee due and payable therefor, and shall be paid in advance at the time
the application shall be made as provided by this section.
When application for any permit under this section is made, after the
first day of January in any year, the fee therefor shall, for the
balance of the year, be in proportion as the remainder of such year
shall bear to the whole year, except, that it shall in no case be for
less than one-half of such year.
Solicitor's permit. 1. No individual shall offer for sale or
solicit any order in the state for the sale of any alcoholic beverage
irrespective of whether such sale is to be made within or without the
state, unless such person shall have a solicitor's permit. Provided,
however, that no permit under this section shall be required for an
individual who is soliciting orders on behalf of a micro-brewery, farm
brewery, farm cidery, farm winery, micro-farm winery, micro-distillery,
micro-rectifier, or farm distillery licensed under this chapter.
2. Such a permit shall authorize the permittee to offer for sale or to
solicit orders for the sale of any alcoholic beverages, and shall set
forth the name, address and license number of the licensee whom the
solicitor represents, and such solicitor shall not represent any
licensee whose name does not appear upon such permit.
3. The license fee for such permit shall be twenty-six dollars per
year, or for any part thereof, and the permit shall be issued for the
calendar year.
4. Notwithstanding the foregoing provisions of this section, any duly
licensed manufacturer or wholesaler may apply to the liquor authority
for an annual temporary solicitor's employment permit. Such permit shall
authorize such manufacturer or wholesaler to employ one or more persons
as a solicitor for a period of not exceeding six months provided that
within sixty days after such employee has been employed as a solicitor
such employee shall file his application for a solicitor's permit with
the liquor authority. The license fee for such permit shall be
thirty-eight dollars per year, or for any part thereof, and the permit
shall be issued for the calendar year. Such permit and the exercise of
the privileges hereby granted thereunder, shall be subject to such terms
and conditions as may be prescribed by the liquor authority.
5. Notwithstanding any provision of this chapter to the contrary, a
licensed winery or licensed farm winery may obtain from the liquor
authority a solicitor's permit authorizing the licensee to offer for
sale or solicit any order for any New York state labelled wine. The
authority shall not charge an application or permit fee for the issuance
of a solicitor's permit to a licensed winery or farm winery.
Broker's permit. 1. No person shall engage as a broker in the
purchase and sale of alcoholic beverages in this state unless such
person shall have a broker's permit.
2. Such permit shall authorize the permittee to act as a broker in the
purchase and sale of alcoholic beverages for a fee or commission, for or
on behalf of a person authorized to manufacture or sell at wholesale
alcoholic beverages within or without the state. Such permittee shall
not buy or sell any alcoholic beverages for his own account, or take or
deliver title to such alcoholic beverages, and shall not receive or
store any alcoholic beverages in his own name in this state, or offer,
agree to offer or sell any alcoholic beverages to any retailer within
this state.
3. Such permit shall be issued either for one transaction or for a
calendar year and the exercise of the privileges granted thereby shall
be subject to such rules and conditions by the liquor authority as it
deems necessary.
4. The fee for a broker's permit shall be fixed by the liquor
authority, but shall not exceed twenty-six dollars for a permit valid
for one transaction nor two hundred fifty-six dollars for a permit
issued for a calendar year.
Trucking permit. 1. No vehicle shall be used in this state for
the trucking or transportation of any alcoholic beverage unless such
vehicle shall be registered with the liquor authority by a permit issued
by it and shall have affixed thereto a sign to be approved by the liquor
authority, containing the registration number of such vehicle. In lieu
of such sign a vehicle may have in its cab a photostatic copy of its
current permit issued by the Authority. This provision shall not apply
to vehicles owned or hired and operated by a licensee.
2. Such permit shall be issued for the calendar year, and may cover
one or more trucks and in cities having a population of one million or
less to duly licensed taxicabs used to deliver only wine or liquor sold
at retail and the fee therefor shall be at the rate of fifty-one dollars
per truck or such duly licensed taxicab per year.
2-a. In lieu of such permits, the liquor authority may issue a fleet
permit for an annual fee of sixty-four hundred dollars. Such fleet
permit shall cover any and all vehicles owned or hired, and operated, by
such permittee. In lieu of the sign required to be affixed to each
vehicle pursuant to subdivision one of this section, the holder of a
fleet permit may have in the cab of such vehicle a photostatic copy of
its current fleet permit issued by the authority.
2-b. In lieu of such permits, the liquor authority may issue a company
permit to a licensed manufacturer or wholesaler licensed pursuant to
section fifty-three of this chapter for an annual fee of sixty-four
hundred dollars. Such company permit shall cover any and all vehicles
over sixty-five thousand pounds hired or contracted for a term by such
permittee. In lieu of the sign required to be affixed to each vehicle
pursuant to subdivision one of this section, the holder of the company
permit may have in the cab of such hired or contracted vehicle a
photostatic copy, noting the time and date alcoholic beverages departed
the company and its intended delivery time and date of destination of
its company permit issued by the authority.
3. If such application is made after July first in any one year, the
fee shall be one-half of the annual fee herein provided for.
Drug store permit. The liquor authority may issue a drug store
permit to sell liquor and/or wine for off-premises consumption pursuant
to this section.
1. Application must be made upon a form to be provided by the liquor
authority and shall be filed with the appropriate board. Section
fifty-four shall control so far as applicable the procedure in
connection with such application.
2. Such permit shall authorize the permittee to sell liquor or wine in
the original sealed package only upon a written prescription of a
regularly licensed physician in a quantity not exceeding one pint of
liquor and one quart of wine; such prescription shall state the date
thereof; the name of the person for whom prescribed and shall be
preserved by the vendor and pasted in a book kept for the purpose and be
but once filled. Such package shall not be opened after sale nor its
contents consumed on the premises where sold.
3. No such permittee shall have, keep or offer for sale, or sell in
the premises designated in the permit any liquor which is not of the
strength, quality and purity prescribed in the latest United States
Pharmacopoeia.
4. Such permit shall be issued for a calendar year and the fee
therefor shall be at the rate of fifty-one dollars per year for each
place where such traffic is carried on except that where application
shall be filed after July first in any year the fee to be paid shall be
the sum of twenty-six dollars for the balance of such year.
Warehouse permit. 1. (a) No alcoholic beverage shall be stored
or kept in or upon any premises which shall not be duly licensed as
provided for in this chapter, provided, however, that the liquor
authority may issue a permit in such form as prescribed by its rules,
for the storage of alcoholic beverages in other than licensed premises,
except that no such permit shall be issued to any person licensed
pursuant to the provisions of section fifty-four or fifty-four-a of this
article, nor shall any such person licensed pursuant to the provisions
of section fifty-four or fifty-four-a of this article store or cause to
be stored any alcoholic beverages in other than its licensed premises.
(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a person licensed pursuant to section fifty-four or
fifty-four-a of this article may be issued a permit pursuant to this
section for the storage of a private label brand or brands of beer for
which the licensee is the registered owner or for a brand or brands of
beer of which the licensee is the exclusive retail seller in the state.
2. The authority is hereby empowered upon application therefor to
issue a special retail warehouse permit for the storage of beer. Such
permit may be issued to a person licensed pursuant to section fifty-four
or section fifty-four-a of this article on an annual basis and shall be
issued in such form as prescribed by the rules of the authority for the
storage of beer in other than such licensee's licensed premises. No more
than five such permits may be issued by the authority on a statewide
basis at any time and such permits may only be issued to persons who own
licensed premises having no more than twenty-five hundred square feet of
retail space per each such premises and employing no more than five
people on each premises during any period of operation.
3. Such permit shall be issued for the calendar year and the fee
therefor shall be at the rate of two hundred fifty-six dollars per
annum, except that where the application shall be filed after July first
in any year the fee shall be one hundred twenty-eight dollars for the
remainder of such period.
Bottling permit. 1. No liquor or wine may be bottled in this
state except by the manufacturer thereof or as hereinafter provided.
2. The liquor authority is hereby authorized to issue a bottling
permit to a wholesale wine or liquor licensee to bottle, recask, filter
or clarify wine or liquor, respectively, imported in bulk from a foreign
country, on the premises of a United States customs bonded warehouse for
which a warehouse permit has been issued under this chapter or in a
foreign trade zone established pursuant to federal law. Such permit and
the exercise of the privileges granted thereunder shall be subject to
the laws of the United States and the rules of the federal agency having
jurisdiction thereunder, and such other rules as the state liquor
authority deems necessary.
3. The liquor authority is hereby authorized to issue a bottling
permit to a person to bottle, on the premises designated in the permit
or in a United States customs bonded warehouse for which a warehouse
permit has been issued under this chapter, liquor manufactured outside
of the state of New York or wine produced in a foreign country and
received in this state in bulk. Such bottling may be performed for or on
behalf of wholesale liquor or wine licensees or for persons authorized
to sell liquor or wine at wholesale pursuant to the laws and regulations
of any other state, territorial possession of the United States or
foreign country. Such permit shall also authorize the holder thereof to
rebottle or recondition liquors and wines manufactured outside of the
state of New York and received in this state, for or on behalf of
wholesale liquor or wine licensees, or for persons authorized to sell
liquor or wine at wholesale pursuant to the laws and regulations of any
other state, territorial possession of the United States or foreign
country. Such permit and the exercise of the privileges granted
thereunder shall be subject to the laws of the United States and the
rules of the federal agency having jurisdiction thereunder, and such
other rules as the state liquor authority deems necessary.
4. Such permit shall be issued in the form prescribed by the liquor
authority and shall be issued for the calendar year and the fee for a
permit issued under subdivision two of this section shall be at the rate
of four hundred eighty dollars per annum, except that where the
application shall be filed after July first in any year the fee shall be
two hundred forty dollars for the remainder of such period. The fee for
a permit under subdivision three of this section shall be at the rate of
sixteen hundred dollars per annum, except that where the application
shall be filed after July first in any year the fee shall be eight
hundred dollars for the remainder of such period.
Reconditioning permit. 1. The liquor authority may issue a
reconditioning permit to a wholesale liquor licensee to recondition
wines and liquors manufactured outside of the state of New York
including filtering, clarifying, rebottling, labeling, relabeling or
repacking such wines and liquors. Such permit may be issued to a
wholesale wine licensee to recondition such wines under the same terms
and conditions as provided herein. Only wines purchased in sealed
containers not exceeding fifteen gallons in content or liquor in sealed
containers not exceeding one quart in content may be so reconditioned.
Such reconditioning shall be done on such premises and under such
conditions as the liquor authority may prescribe.
2. Each such permit and the exercise of the privilege granted thereby
shall be subject to the laws of the United States and the rules of the
federal agency having jurisdiction thereunder and the rules and
regulations to be promulgated by the liquor authority and operations
conducted pursuant thereto shall be performed under such supervision as
the liquor authority shall require.
3. Each such permit shall be issued in such form as shall be
prescribed by the liquor authority and shall be valid for one day only.
The fee for each such permit shall not exceed twenty-six dollars.
Temporary beer and wine permit. 1. The liquor authority is
hereby authorized to issue temporary permits effective for a period not
to exceed twenty-four consecutive hours to authorize the sale of beer,
wine, cider, mead and/or braggot, and liquor at outdoor or indoor
gatherings, functions, occasions or events, within the hours fixed by or
pursuant to subdivision five of section one hundred six of this chapter,
during which alcoholic beverages may lawfully be sold or served upon
premises licensed to sell alcoholic beverages at retail for on-premises
consumption in the community in which is located the premises in which
such gathering, function, occasion or event is held. The fee for such
permit shall be twenty-six dollars. Such permit and the exercise of the
privilege granted thereby shall be subject to such rules of the liquor
authority as it deems necessary.
2. The liquor authority is hereby authorized to issue an annual permit
to brewers and beer wholesalers authorizing such licensees to sell beer
for consumption at outdoor or indoor gatherings, functions, occasions or
events, provided that such gatherings are not open to admission to the
general public nor is admission thereto made contingent upon the payment
of an admission fee, donation or contribution, and further provided that
such beer is not resold at such gatherings. Every brewer or beer
wholesaler to whom a permit shall be issued hereunder shall require
every person to whom beer shall be sold for use at such gatherings to
make, execute and file with such brewer or beer wholesaler, upon a form
to be prescribed by the liquor authority, a statement, that the beer
purchased by such person will not be sold or offered for sale by such
person. Such statement shall be accepted for all purposes as the
equivalent of an affidavit, and if false, shall subject the person
making and executing the same to the same penalties as if he had been
duly sworn. Such permit shall be issued in the form prescribed by the
liquor authority and shall run concurrently with the annual term of the
brewer's license or of the wholesale beer license, and the fee for such
permit shall be sixty-four dollars. Such a permit and the exercise of
the privileges granted thereunder shall be subject to such rules by the
liquor authority as it deems necessary. The provisions hereof shall not
apply to the sale of beer for consumption in the home.
4. The liquor authority is hereby authorized to issue a temporary
permit effective for a period not to exceed twenty-four consecutive
hours to any holder of a license to manufacture wine in this or any
other state, to sell wine at outdoor or indoor gatherings, functions,
occasions, or events, provided that such manufacturer produces not more
than one hundred fifty thousand gallons of wine annually. The fee for
such permit shall be twenty-six dollars.
5. The authority is authorized to allow a brewer, once per annum, and
after the property owner obtains a permit under this section, to sell or
offer at no cost beer, beginning at eight antemeridian and ending at the
hours fixed by or pursuant to subdivision five of section one hundred
six of this chapter, at the following two locations in the city of
Utica, county of Oneida, and bounded and described as follows:
PARCEL I
Beginning at the northwest corner of the beer storage building at the
corner of Edward Street and Wasmer Street and proceeding northerly for a
distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along
Wasmer Street; thence continuing along said Wasmer Street northeasterly
for a distance of 202 feet 10 inches to the corner of Wasmer Street and
Hamilton Street.
Thence northerly along Hamilton Street for a distance of 46 feet 8
inches to the intersection of Columbia Street. Thence northwesterly
along Columbia Street for a distance of 233 feet 6 inches. Thence
southwesterly for a distance of 77 feet 7 inches to a fence. Thence
northwesterly for a distance of 62 feet and thence southwesterly a
distance of 10 feet 6 inches to the southeastern corner of the brewery
garage.
Thence, following the garage's perimeter: first in a southwesterly
direction for a distance of 133 feet 2 inches to the southwest corner of
the garage; thence in a northwesterly direction for a distance of 22
feet 5 inches; and thence in a northeasterly direction for a distance of
11 feet 2 inches, then in a northwesterly direction for a distance of
100 feet, to a fence just before the sidewalk on Schuyler Street; thence
southwesterly for a distance of 234 feet 5 inches to the Brewery main
complex.
Thence following the perimeter of the brewery complex buildings
southeast for a distance of 82 feet 8 inches, northeasterly for a
distance of 81 feet 11 inches; thence southeasterly for a distance of 85
feet 3 inches; thence northeasterly for a distance of 21 feet 6 inches;
and thence southeasterly for a distance of 96 feet 8 inches to the
northwestern corner of the shipping office.
From the northwestern corner of the shipping office, southeasterly for a
distance of 33 feet 9 inches; thence southwesterly for a distance of 37
feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches;
thence southerly for a distance of 27 feet 4 inches; thence easterly for
a distance of 33 feet, to the point or place of beginning.
PARCEL II
Beginning at the iron fence which is 26 feet northwest of the southwest
corner of the tour center on Court Street; thence 66 feet, 7 inches
northeast, 11 feet 7 inches northwest to the west corner of the tour
center parking lot stairs. Proceeding northeasterly 71 feet 10 inches,
thence northwesterly 19 feet 10 inches to the southeastern corner of the
boiler room building. Thence northwesterly 161 feet; south by southwest
80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to
the point or place of beginning.
Temporary retail permit. 1. The authority is hereby authorized
to issue a temporary retail permit:
(a) to the transferee of a retail license to continue the operations
of a retail premises during the period that the transfer application for
the license from person to person at the same premises is pending; or
* (b) to the applicant for a new retail license.
* NB Repealed October 12, 2027
2. Such a permit may be issued if all of the following conditions are
met:
(a) the applicant for the temporary permit shall have filed with the
authority an application for a retail license at such premises, together
with all required filing and license fees;
(b) the applicant shall have filed with the authority an application
for a temporary retail permit, accompanied by a nonrefundable filing fee
of one hundred twenty-eight dollars for all retail beer licenses or six
hundred forty dollars for all other retail licenses;
(c) in the case of a transfer application, the premises shall have
been operated under a retail license within thirty days of the date of
filing the application for a temporary permit;
(d) at the time the permit is issued the current license, if any, in
effect for said premises shall have been surrendered to, placed into
safekeeping with, or otherwise deemed abandoned by the authority.
3. A temporary retail permit under paragraph (b) of subdivision one of
this section may not be issued for any premises that is subject to the
provisions of section sixty-three or seventy-nine of this chapter; a
temporary retail permit under paragraph (b) of subdivision one of this
section shall not be issued for a premises subject to the provisions of
paragraph (b) of subdivision seven of section sixty-four, subparagraph
(ii) of paragraph (a) of subdivision seven of section sixty-four-a,
subparagraph (ii) of paragraph (a) of subdivision eleven of section
sixty-four-c, or paragraph (b) of subdivision eight of section
sixty-four-d, unless and until a recommendation that there be a finding
of public interest has been made by an administrative law judge pursuant
to paragraph (f) of subdivision seven of section sixty-four, paragraph
(d) of subdivision seven of section sixty-four-a, paragraph (c) of
subdivision five of section sixty-four-b, paragraph (c) of subdivision
eleven of section sixty-four-c, or paragraph (e) of subdivision eight of
section sixty-four-d of this chapter. Provided however, any premises
granted a temporary retail permit pursuant to this subdivision in a city
with a population of one million or more people shall only be allowed to
operate on the premises under the following conditions: the closing time
any day of the week shall be no later than midnight; provided however
that the closing time of any outdoor space shall be no later than ten
o'clock post-meridian Sunday through Thursday and eleven o'clock
post-meridian Friday and Saturday; no outdoor music; indoors shall have
recorded background music only, with no live music, DJ's, karaoke, or
similar forms of music; and no dancing. The authority shall
automatically lift such restrictions if the authority issues a retail
license for the premises, and replace such restrictions with other
restrictions, if any, imposed by the authority in accordance with the
public interest standard. Further provided however, a temporary retail
permit may not be issued pursuant to this subdivision in a city with a
population of one million or more people if a retail license at the
location was canceled, suspended or revoked by the authority for two
consecutive licensees at such location. The foregoing restriction on the
issuance of a temporary retail permit pursuant to this subdivision in a
city with a population of one million or more people if a retail license
at the location was canceled, suspended or revoked by the authority for
two consecutive licensees at such location shall not apply to any
location at which an active retail license shall have existed subsequent
to a prior retail license being canceled, suspended or revoked by the
authority for two consecutive licensees at such location, so long as
such subsequent retail license was not canceled, suspended or revoked in
the past five years.
3-a. A notice for a public hearing pursuant to paragraph (f) of
subdivision seven of section sixty-four, paragraph (d) of subdivision
seven of section sixty-four-a, paragraph (c) of subdivision five of
section sixty-four-b, paragraph (c) of subdivision eleven of section
sixty-four-c, or paragraph (e) of subdivision eight of section
sixty-four-d of this chapter shall also include notification that a
temporary retail permit may be issued to the premises by the authority
after a recommendation that there be a finding of public interest has
been made in proceedings conducted pursuant to subdivision three of this
section.
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed one hundred eighty days. A
temporary permit may be extended at the discretion of the authority, for
an additional thirty day period upon payment of an additional fee of
sixty-four dollars for all retail beer licenses and ninety-six dollars
for all other temporary permits and upon compliance with all conditions
required in this section. The authority may, in its discretion, issue
additional thirty day extensions upon payment of the appropriate fee.
5. A temporary retail permit is a conditional permit and authorizes
the holder thereof:
(a) in the case of a transfer application to purchase and sell such
alcoholic beverages as would be permitted to be purchased and sold under
the privileges of the retail license for which the transfer application
has been filed;
(b) in the case of all other retail applications, to purchase and sell
such alcoholic beverages as would be permitted to be purchased and sold
under the privileges of the license applied for; and
(c) to sell such alcoholic beverages to consumers only and not for
resale.
6. The holder of a temporary retail permit shall purchase alcoholic
beverages only by payment in currency or check for such alcoholic
beverages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
to this section who also holds one or more retail licenses and is
operating under such retail license or licenses in addition to the
temporary retail permit, and who is not delinquent under the provisions
of section one hundred one-aa of this chapter as to any retail license
under which he operates, may purchase alcoholic beverages on credit
under the temporary permit.
7. Notwithstanding any other provision of law, a temporary retail
permit may be summarily cancelled or suspended at any time if the
authority determines that good cause for such cancellation or suspension
exists. The authority shall promptly notify the holder of a temporary
retail permit in writing of such cancellation or suspension and shall
set forth the reasons for such action.
8. The application for a temporary permit shall be on such form as the
authority shall prescribe.
9. Approval of, or extension of, a temporary retail permit shall not
be deemed as an approval of the retail application.
10. Notwithstanding any inconsistent provision of law to the contrary,
the authority may promulgate such rules and regulations as may be
necessary to carry out the provisions of this section.
Sale of alcoholic beverages at the New York state fair. 1. For
purposes of this section, the New York state fair and New York state
fairgrounds shall have the same meaning and purpose as in article two-a
of the agriculture and markets law.
2. In addition to any license issued pursuant to section fifty-five,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or
eighty-one-a of this chapter for a premises located upon the New York
state fairgrounds, the liquor authority is hereby authorized to issue a
temporary permit to the holder of a concessionaire's license issued by
the division of the New York state fair in the department of agriculture
and markets.
3. (a) Such permit shall allow for the sale of alcoholic beverages by
the permit holder for consumption upon the premises known as the New
York state fairgrounds during the annual New York state fair for the
calendar year such permit is issued.
(b) Such a permit shall also allow the holder thereof to store
alcoholic beverages upon the New York state fairgrounds, in areas
designated by the concessionaire's license, during the seven days
immediately preceding and the seven days immediately following the state
fair for which the permit has been issued.
(c) Such permit holder must display its permit at all locations as
authorized by the concessionaire's license and the authority.
4. The holder of an on-premises license issued for a premises located
upon the New York state fairgrounds may exercise the privileges of a
permit issued under this section without the need to obtain such permit.
Provided, however, that the licensee may only sell such alcoholic
beverages as may be sold under the terms of its license.
5. The holder of a manufacturing license issued pursuant to section
thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty-eight-c,
seventy-six or seventy-six-a of this chapter or subdivision two-c of
section sixty-one of this chapter may exercise the privileges of a
permit issued under this section without need to obtain such permit.
Provided, however, that the licensee: (a) holds a concessionaire's
license issued by the division of the New York state fair in the
department of agriculture and markets; and (b) may only sell such
alcoholic beverages as may be sold for on-premises consumption at its
licensed premises under the terms of its license.
6. The exercise of the privileges of a permit under this section shall
be subject to: (a) such rules of the liquor authority as it deems
necessary; and (b) the provisions of a concessionaire's agreement
between the permit holder or licensee and the division of the New York
state fair in the department of agriculture and markets.
7. The fee for such permit shall be two hundred sixty dollars.
Temporary manufacturing permit. 1. Any person may apply to the
liquor authority for a temporary permit to operate any alcoholic
beverage manufacturing facility as may be licensed under this chapter.
Such application shall be in writing and verified and shall contain
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft in the amount of one hundred
twenty-five dollars for such permit.
2. Upon application, the liquor authority may issue such temporary
permit when:
(a) the applicant has a manufacturing license application at the same
premises pending before the liquor authority, together with all required
filing and license fees; and
(b) the applicant has obtained and provided evidence of all permits,
licenses and other documents necessary for the operation of such a
business; and
(c) any current license in effect at the premises has been surrendered
or placed in safekeeping, or has been deemed abandoned by the authority.
3. The liquor authority in granting such permit shall ensure that:
(a) issuance of the permit will not inordinately hinder the operation
or effective administration of this chapter; and
(b) the applicant would in all likelihood be able to ultimately obtain
the manufacturing license being applied for; and
(c) the applicant has substantially complied with the requirements
necessary to obtain such license.
4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.
5. A temporary permit shall authorize the permittee to operate a
manufacturing facility for the manufacture and sale of alcoholic
beverages according to the laws applicable to the type of manufacturing
license being applied for.
6. Such temporary permit shall remain in effect for six months or
until the manufacturing license being applied for is approved and the
license granted, whichever is shorter. Such permit may be extended at
the discretion of the liquor authority for additional three-month
periods of time upon payment of an additional fee of fifty dollars for
each such extension.
7. Notwithstanding any provision of law to the contrary, a temporary
permit may be summarily cancelled or suspended at any time if the liquor
authority determines that good cause for cancellation or suspension
exists. The liquor authority shall promptly notify the permittee in
writing of such cancellation or suspension and shall set forth the
reasons for such action.
8. The liquor authority in reviewing such application shall review the
entire record and grant the temporary permit unless good cause is
otherwise shown. A decision on an application shall be based on
substantial evidence in the record and supported by a preponderance of
the evidence in favor of the applicant.
Temporary wholesale permit. 1. Any person may apply to the
liquor authority for a temporary permit to operate any alcoholic
beverage wholesale facility as may be licensed under this chapter. Such
application shall be in writing and verified and shall contain
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft in the amount of one hundred
twenty-five dollars for such permit.
2. Upon application, the liquor authority may issue such temporary
permit when:
(a) the applicant has a wholesale license application at the same
premises pending before the liquor authority, together with all required
filing and license fees;
(b) the applicant has obtained and provided evidence of all permits,
licenses and other documents necessary for the operation of such a
business; and
(c) any current license in effect at the premises has been surrendered
or placed in safekeeping, or has been deemed abandoned by the authority.
3. The liquor authority in granting such permit shall ensure that:
(a) issuance of the permit will not inordinately hinder the operation
or effective administration of this chapter;
(b) the applicant would in all likelihood be able to ultimately obtain
the wholesale license being applied for; and
(c) the applicant has substantially complied with the requirements
necessary to obtain such license.
4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.
5. A temporary permit shall authorize the permittee to operate a
wholesale facility for the purchase, warehousing, and sale of alcoholic
beverages according to the laws applicable to the type of wholesale
license being applied for.
6. Such temporary permit shall remain in effect for six months or
until the wholesale license being applied for is approved and the
license granted, whichever is shorter. Such permit may be extended at
the discretion of the liquor authority for additional three-month
periods of time upon payment of an additional fee of fifty dollars for
each such extension.
7. Notwithstanding any provision of law to the contrary, a temporary
wholesale permit may be summarily cancelled or suspended at any time if
the liquor authority determines that good cause for cancellation or
suspension exists. The liquor authority shall promptly notify the
permittee in writing of such cancellation or suspension and shall set
forth the reasons for such action.
8. The liquor authority in reviewing such application shall review the
entire record and grant the temporary permit unless good cause is
otherwise shown. A decision on an application shall be based on
substantial evidence in the record and supported by a preponderance of
the evidence in favor of the applicant.
Caterer's permit. 1. The liquor authority is hereby authorized
to issue to a retail licensee for on-premises consumption or a licensed
off-premises caterer furnishing provisions and service for use at a
particular function, occasion or event in a hotel, restaurant, club,
ballroom or other premises a temporary permit effective for a period not
to exceed twenty-four consecutive hours, which shall authorize the
service of alcoholic beverages at such function, occasion or event
within the hours, fixed by or pursuant to subdivision five of section
one hundred six of this chapter, during which alcoholic beverages may
lawfully be sold or served upon premises licensed to sell alcoholic
beverages at retail for on-premises consumption in the community in
which is located the premises in which such function, occasion or event
is held. The fee therefor shall be thirty-eight dollars. Such a permit
and the exercise of the privilege granted thereby may be subjected to
such rules by the liquor authority as it deems necessary and such rules
as are in conformity with the provisions of subdivision two of this
section. Such a permit may also be issued for functions, occasions or
events at premises for which a summer license has been previously issued
pursuant to this chapter.
2. Except for good cause shown, the liquor authority shall issue upon
proper application and payment of fee, an on-premises caterer's permit
to a club licensed pursuant to the provisions of this chapter upon the
club premises if it is shown:
a. That the club has not solicited the event, nor advertised such
affair in any manner as open to the public and the alcoholic beverages
shall be sold only to persons invited to and attending such function,
occasion or event; and
b. (see, also, par. b below) That the particular function or event is
to be held by a sodality, an auxiliary or other organization affiliated
with the licensed club and also other organizations not affiliated with
a licensed club, provided the function or event being held is in
conjunction with the use of the primary athletic or sports facilities of
the licensed club; and
b. (see, also, par. b above) The particular function or event is to be
held by a sodality or auxiliary affiliated with the club, or a
particular charitable or non-profit function or event is to be held by a
charitable or non-profit organization and such organization has one or
more members who are also members of the club.
3. The liquor authority may issue upon proper application and payment
of fee, an on-premises caterer's permit to a club licensed pursuant to
the provisions of this chapter if the facts set forth in the application
establish to the satisfaction of the authority that no other suitably
licensed premises authorized to sell alcoholic beverages to the public
is available within a reasonable distance.
4. A caterer's permit will not be granted to a club licensed for a
function to be held off the club premises except where such is
exclusively for the use and benefit of the club members only and is so
restricted.
5. Notwithstanding any other provision of this chapter or any rule of
the liquor authority, the liquor authority is hereby authorized to
issue, to caterers and other persons furnishing provisions and services
for use at a particular function or occasion or event to be held at a
winery or farm winery, a temporary indoor and/or outdoor permit
effective for a period not to exceed twenty-four consecutive hours,
which shall authorize the service of alcoholic beverages at such
function, occasion or event within the hours as fixed by or pursuant to
subdivision five of section one hundred six of this chapter, during
which alcoholic beverages may lawfully be sold or served upon premises
licensed to sell alcoholic beverages at retail for on-premises
consumption in the community in which is located the premises in which
such function, occasion or event is held. The issuance of a caterer's
permit under this section shall in no way prohibit or suspend the lawful
operation of the winery or farm winery licensed under this chapter. For
purposes of this subdivision, both the permittee and the winery or farm
winery licensee shall be responsible for any violations of this chapter
or the rules of the authority occurring while the permit is in effect.
Liability under the provisions of sections 11-100 and 11-101 of the
general obligations law shall accrue to both the permittee and the
winery or farm winery licensee. The fee for the permit shall be
thirty-eight dollars, provided, however, that no fee shall be charged to
a licensed off-premises caterer. Such a permit and the exercise of the
privilege granted thereby may be subjected to such rules by the liquor
authority as it deems necessary.
Special permit to remain open during certain hours of the
morning. 1. Any person licensed to sell alcoholic beverages for
consumption on the premises pursuant to this chapter may apply to the
liquor authority for a special permit to remain open on any week day
between the hours of four o'clock a.m. or the closing hour prescribed by
a rule adopted in a county on or before April first, nineteen hundred
ninety-five or pursuant to subdivision eleven of section seventeen of
this chapter, and eight o'clock a.m. The fee for such permit shall be
fifty-one dollars per day.
2. The liquor authority may, in its discretion, issue to any such
licensed person, whose premises are located within a trade area, a
special permit to remain open during such hours of the morning on
week-days. The fee for such permit shall be at the rate of two hundred
fifty-six dollars per annum.
3. Such permits and the exercise of the privileges granted thereunder
may be subjected by the liquor authority to such rules as it may deem
necessary.
4. Notice of intent to apply for a permit pursuant to this section
must be sent to the local police department or, if there is no local
police department then to the county sheriff's office, and such notice
must also be sent to the local community board.
Charitable permits. 1. The liquor authority is hereby
authorized to issue a charitable permit to an organization to sell
alcoholic beverages, at auction or otherwise, where the authority is
satisfied: (a) that contributions made by an individual donor to such
organization are deductible for Federal income tax purposes; (b) that
the funds so raised will be used for the non-profit purposes of the
organization; (c) that all such alcoholic beverages shall be in sealed
containers; and (d) that not more than eighty cases shall be sold. Such
permit shall be valid for a twenty-four hour period commencing at eight
o'clock a.m. and only during the hours when such alcoholic beverages may
lawfully be sold by retail licensees in the county in which the auction
or sale is held. No alcoholic beverages sold pursuant to such permit
shall be consumed on the premises at which they are sold.
2. The fee for a one-day charitable permit shall be twenty dollars.
Miscellaneous permits. 1. The liquor authority is hereby
authorized to issue a permit to:
a. A sheriff, marshal, assignee for the benefit of creditors, trustee
or receiver in bankruptcy, executor or administrator of an estate, to
sell the stock of alcoholic beverages which came into his possession
pursuant to judicial process.
b. A steamship company or company operating aircraft, or its duly
authorized agent, to purchase from a manufacturer or wholesaler in this
state alcoholic beverages for ship's stores for consumption outside the
territorial jurisdiction of the state, and not for purposes of resale in
this state.
c. A person engaged in the manufacture of products which are unfit for
beverage use and classified by the United States treasury department, as
exempt from special and commodity taxes to purchase liquor, wine or beer
from licensed wholesalers and manufacturers for use only in the process
of manufacture of such products.
d. A fire insurance company or fire salvage company, under the
supervision of the New York state department of financial services, to
sell to licensees alcoholic beverages which came into its possession as
a result of a fire on licensed premises.
e. A hospital, which shall mean a place for overnight care of the
sick, conducted or licensed by the state or a political subdivision
thereof or subject to visitation and inspection by the state board of
social welfare to purchase liquor, wine or beer for medicinal use only
in the treatment of bona fide patients of such hospital.
f. A licensee who is liquidating or selling its business, or a former
licensee whose license has been surrendered, revoked, cancelled or has
expired, to sell its entire stock of alcoholic beverages to other
licensees, provided, however, that no such permit shall be issued to a
licensee or former licensee who is delinquent under the provisions of
section one hundred one-aa or section one hundred one-aaa of this
chapter. A former licensee whose license has been surrendered, revoked,
cancelled, or has expired, may not transfer its stock of alcoholic
beverages to any other person unless it obtains such a permit.
g. A warehouseman, railroad company, steamship company, or other
person who has acquired a lien pursuant to law for the storage or
carriage of alcoholic beverages, to sell such alcoholic beverages to a
licensee.
i. A bank or trust company incorporated under articles three, seven or
twelve of the banking law or a foreign banking corporation licensed by
superintendent of financial services of this state or a banking
corporation organized under the laws of the United States and doing
business in this state, to sell warehouse receipts pertaining to
alcoholic beverages which it has accepted as collateral security for a
loan to a licensee and which it acquired through default in the payment
of such loan.
j. A person duly licensed outside the state of New York to manufacture
or sell alcoholic beverages at wholesale, or his duly authorized
representative, to negotiate and consummate contracts or agreements with
licensed wholesalers in this state for the establishment of operating
agency relationships for the sale of its products in this state.
k. A person to purchase, receive or sell alcoholic beverages or
receipts, certificates, contracts or other documents pertaining to
alcoholic beverages, in cases not expressly provided for by this
chapter, when in the judgment of the liquor authority it would be
appropriate and consistent with the purpose of this chapter.
l. (1) Licensed wineries and licensed farm wineries to sell New York
state labelled wine, by the bottle, at the state fair, at recognized
county fairs and at farmers markets operated on a not-for-profit basis.
(2) The permit shall be valid for the length of the event, but not for
a period to exceed one year.
(3) No fee shall be charged for permits issued pursuant to this
subdivision.
m. An institution of higher education operating under authority
granted by the state education department, to deliver or cause to be
delivered alcoholic beverages to a person who is at least twenty-one
years of age enrolled in a single class or course of classes authorized
by the institution of higher education and conducted by an instructor or
instructors engaged by the institution of higher education, provided
that such person's imbibing or tasting of such alcoholic beverages is a
required part of the class or course of classes, and provided that such
person's imbibing or tasting of such alcoholic beverages is only for
instructional purposes. No alcoholic beverage shall be delivered, or
shall be permitted to be delivered, to a person under twenty-one years
of age during any class conducted under the authority of such permit,
and the provisions of subdivision five of section sixty-five and
paragraph (a) of subdivision two of section sixty-five-c of this chapter
shall not apply to any delivery made during any class conducted under
the authority of such permit.
2. Each such permit and the exercise of the privilege granted thereby
may be subjected to such rules and conditions by the liquor authority as
it deems necessary.
3. Each such permit shall be issued in such form as shall be
prescribed by the liquor authority and shall be valid for one
transaction only, except that a permit issued pursuant to paragraph b,
c, e, j, or m of subdivision one of this section may be issued either
for one transaction or for a calendar year. The liquor authority may, by
rule, fix the quantity of alcoholic beverages to be involved in a single
transaction under a permit issued pursuant to paragraph k of subdivision
one of this section, but no single transaction so authorized shall
involve more than twenty cases of alcoholic beverages. The fee for each
such permit shall be fixed by the liquor authority, but shall not exceed
ninety dollars for a permit valid for one transaction only nor two
hundred fifty-six dollars for a permit issued for a calendar year.
Miscellaneous fees. 1. Before any substantial alteration to a
licensed premises may be undertaken by or on the behalf of any licensee
except a micro-winery, a farm winery or a roadside farm market, the
licensee shall make an application to the liquor authority for
permission to effect such alteration. A substantial alteration shall
include any enlargement or contraction of a licensed premises whether
indoors or outdoors; any physical change that reduces the visibility
that existed at the time of licensing; any other physical changes in the
interior of a licensed premises that materially affect the character of
the premises; and, in the case of establishments licensed for
consumption on the premises, any material changes to the dining or
kitchen facilities, or any change in the size or location of any bar
within the contemplation of subdivision four of section one hundred of
this chapter at which alcoholic beverages are dispensed. A minor
alteration shall be deemed to be one costing and valued at less than ten
thousand dollars, which does not materially affect the character of the
premises or the physical structure that existed at the time of
licensing. Before commencing work on the alteration, any licensee other
than a micro-winery, a farm winery or a roadside farm market licensee,
shall request permission to effect such minor alteration and shall
submit an affidavit to the liquor authority by filing the same in person
or by certified mail return receipt requested or overnight delivery
service with proof of mailing on forms prescribed by the authority. A
winery, micro-winery, farm winery or roadside farm market licensee is
not required to obtain permission from the authority to make a minor
alteration to its premises. The affidavit shall include but not be
limited to a description of the proposed alteration, the cost and value
of the alteration, and the source of money making the alteration
possible. Upon receipt of such affidavit, the authority shall have
twenty days in which to review the proposed alteration and notify the
licensee of any objection to the same by certified mail return receipt
requested. If no such objection is made within such period permission
shall be deemed to have been granted. Work may commence on such
alteration if no objection is received by the twenty-fifth day after
filing such affidavit. The cost of an alteration, for purposes of this
subdivision, shall be equal to the total sum expended to complete the
proposed alteration excluding professional fees.
2. Before any change in the members of a limited liability company or
the transfer or assignment of a membership interest in a limited
liability company or any corporate change in stockholders,
stockholdings, alcoholic beverage officers, officers or directors,
except officers and directors of a premises licensed as a club or a
luncheon club under this chapter can be effectuated for the purposes of
this chapter, there shall be filed with the liquor authority an
application for permission to make such change and there shall be paid
to the liquor authority in advance upon filing of the application a fee
of one hundred twenty-eight dollars.
(a) The provisions of this section shall not be applicable where there
are ten or more stockholders and such change involves less than ten per
centum of the stock of the corporation and the stock holdings of any
stockholder are not increased thereby to ten per centum or more of the
stock.
(b) Where the same corporation operates two or more premises
separately licensed under this chapter a separate corporate change shall
be filed for each such licensed premises, except as otherwise provided
for by rule of the liquor authority. The corporate change fee provided
for herein shall not be applicable to more than one license held by the
same corporation.
(c) Notwithstanding any corporate change approved by the authority, a
licensed corporation or limited liability company shall be bound by the
representations set forth in the original application and any amendments
thereto approved by the authority.
3. Before any removal of a license to any premises other than the
licensed premises or to any other part of the building containing the
licensed premises, the licensee shall make an application to the liquor
authority for permission to effect such removal and shall pay to the
liquor authority in advance upon filing of the application a fee of one
hundred ninety-two dollars where the base license fee is five hundred
dollars or more and thirty-two dollars in all other instances.
4. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
Change in duration of permits. The liquor authority is
authorized to change the periods during which permits authorized by
sections ninety-one, ninety-one-a, ninety-two, ninety-two-a,
ninety-three, ninety-three-a, ninety-four, ninety-five, ninety-six,
ninety-six-a and ninety-nine-b of this article, shall be effective and
to establish the commencement dates, duration and expiration dates
thereof, provided that no such permit shall be effective for a period in
excess of three years. When any change or changes are made in the
duration of any such permit, the permit fee shall be equal to the annual
permit fee specified in this article multiplied by the number of years
for which such permit is issued. Any other provision of any other law to
the contrary notwithstanding, an applicant, other than a not-for-profit
organization as defined in section one hundred seventy-nine-q of the
state finance law, shall not be issued a temporary permit pursuant to
section ninety-seven of this article for events to take place upon any
premise for which the authority has issued any license, or has issued a
permit more than four times within any one year period, provided however
that the authority may, in its sole discretion, issue additional single
permits if it shall determine upon the issuance of each that (a) the
application for such permit is not an attempt to circumvent licensing
provisions of this chapter, and (b) the issuance of such permit would
not be a detriment to the community or the surrounding neighborhood as
such shall be determined by the authority after consultation with
municipal authorities and police agencies and community boards for the
purpose of reviewing community or neighborhood or police agency
complaints, or violations of state or local laws. The liquor authority
may make such rules as shall be appropriate to carry out the purpose of
this section.
Special permits for minors to entertain. The liquor authority
is hereby authorized to issue special permits to any person under the
age of eighteen years for the purpose of enabling such person to appear
as an entertainer on any premises licensed for retail sale hereunder.
The provisions of this section shall apply to persons under the age of
eighteen years who are not otherwise eligible to act as an entertainer
pursuant to the provisions of subdivision two-b of section one hundred
of this chapter. Such special permit shall be issued, in the discretion
of the authority, upon the application of such minor. No such special
permit shall be granted unless the written consent of both parents or
the lawful guardian or guardians of such minor shall appear upon such
application. The liquor authority may require the personal appearance at
an office of the authority of such applicant and his parents or legal
guardians at the time such application is made or at any other time
prior to the consideration of such application by the authority upon
written notice to the applicant and/or his parents or legal guardians.
Such personal appearance, if requested, shall be for the purpose of
enabling the authority to establish that the entertainment that the
applicant is intending to perform is not contrary to the best interests
of the minor. The liquor authority is hereby authorized and directed to
promulgate rules and regulations for the orderly implementation and
administration of the provisions of this section. Such rules and
regulations shall provide for a reasonable limitation upon the types of
entertainment for which an application for a special permit shall be
granted and may provide for conditions or limitations which may be
attached to the granting of such special permit. In addition to any
conditions or limitations as may be so imposed, such rules or
regulations shall impose as a condition for the granting of such special
permit that a parent or legal guardian of the minor shall be present
during such minor's appearance as an entertainer. Such special permit
shall be subject to revocation, after a hearing upon a determination by
the authority that the conditions or limitations attached upon such
special permit have been violated. Such special permits shall be issued
for limited periods not to exceed one year. The liquor authority may
impose a fee for the issuance of such special permit. Such fee shall not
exceed sixty-four dollars if issued for an annual period nor shall such
fee exceed six dollars per month or any lesser period thereof for which
a special permit has been issued. The liquor authority may waive such
fee. The liquor authority shall revoke any special permit upon the
written request of the parents or legal guardians of such minor.
Sale of privately held wines and liquors. 1. (a) Any
nonlicensed person legally owning wine and/or liquor is authorized to
sell that wine and/or liquor to a licensed person or through a licensed
person to an individual or group of individuals by any lawful method of
sale or by means of an auction by a licensed person conducted pursuant
to this section. The licensee involved in such sale shall ensure that
each bottle of wine and/or liquor sold from a private collection has a
permanently affixed label stating that the wine and/or liquor were
acquired from a private collection.
(b) For purposes of this section, if wine is offered at an auction,
"licensed person" means any person licensed under section sixty-three or
seventy-nine of this chapter, if liquor is offered at an auction
"licensed person" means any person licensed under section sixty-three of
this chapter, and in any auction a "licensed person" shall have been so
licensed for a period of ten years or more.
2. (a) The liquor authority is hereby authorized to issue a wine and
liquor auction permit to a licensed person to conduct auctions of wines
and/or liquors. The wine and liquor auction permit shall be in addition
to any permit requirements imposed by local law, ordinance or resolution
by any municipality in which the auctioneer seeks to operate.
(b) A wine and liquor auction permit shall be issued for a calendar
year. A wine and liquor auction permit shall allow the holder to conduct
twenty-four auctions of wine and/or liquor during the period the wine
and liquor auction permit shall be in effect.
(c) The fee therefor shall be thirty-two hundred dollars for each year
or part thereof.
(d) The permit shall be in the form prescribed by the authority.
3. A person owning, controlling or possessing wines and/or liquors may
ship the wines and/or liquors from within or without New York state to a
wine and liquor auction permittee or licensee; provided that such
permittee or licensee shall ensure that each bottle is labelled in
accordance with the provisions of paragraph (a) of subdivision one of
this section. Although the wines and/or liquors to be offered at auction
may not be owned by a wine and liquor auction permittee, upon receipt of
the wines and/or liquors the permittee shall be responsible for the
storage and warehousing of the wines and/or liquors, as well as be
responsible for the delivery of the wines and/or liquors to the
purchasers at auction and shall be responsible for the payment of all
applicable state and local taxes.
4. Notwithstanding any other provision of this chapter, any person
authorized to sell wine at wholesale or retail may purchase any wine
offered at an auction conducted pursuant to this section and may resell
any wine so purchased in accordance with the terms of his or her
license, and any person authorized to sell liquor at wholesale or retail
may purchase any liquor offered at an auction conducted pursuant to this
section and may resell any liquor so purchased in accordance with the
terms of his license; provided that such licensee shall ensure that each
bottle is labelled in accordance with the provisions of paragraph (a) of
subdivision one of this section.
5. A wine and liquor auction permittee shall be permitted to hold wine
tastings at an auction at which wine is offered, and to hold liquor
tastings at an auction at which liquor is offered, on the premises of
any location approved by the authority for conducting an auction.
6. A wine and liquor auction permittee shall be subject to all
restrictions, regulations, and provisions heretofore set forth in the
appropriate sections of this chapter governing the sale of wine or
liquor for off-premises consumption, provided those provisions are not
inconsistent with the provisions created pursuant to this section.
7. (a) Wine tastings which are conducted under this auspices of an
official agent of a farm winery, winery, wholesaler or importer and
where such agent is physically present at all times during the conduct
of the tasting, then, in that event, any liability stemming from a right
of action resulting from a wine tasting as authorized herein, and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the farm winery, winery,
wholesaler, importer, or licensee.
(b) Liquor tastings which are conducted under the auspices of an
official agent of a distiller, wholesaler or importer and where such
agent is physically present at all times during the conduct of the
tasting, then, in that event, any liability stemming from a right of
action resulting from a liquor tasting as authorized herein, and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the distiller, wholesaler,
importer, or licensee.
8. The authority shall adopt any rules consistent with and in
furtherance of the implementation of this section.
Sunday on-premises sales permit. 1. A permit issued under this
section shall authorize a person licensed to sell alcoholic beverages
for consumption on the premises pursuant to this chapter to sell
alcoholic beverages for on-premises consumption on Sunday between the
hours of eight o'clock a.m. and ten o'clock a.m.
2. A permit under this section shall be issued for one calendar day.
3. The fee for such a permit shall be twenty-five dollars, together
with a filing fee of ten dollars.
4. An applicant for a permit under this section shall provide notice
to the local municipality of such application as provided in section one
hundred ten-b of this chapter.
5. No more than twelve permits under this section may be issued to the
same licensee in any calendar year.
6. A permit under this section shall not be available for any licensed
premises located in a city with a population of one million or more.
7. Such permit and the exercise of the privileges granted thereunder
shall be subject to such rules that the authority may deem necessary.
ARTICLE 8 General Provisions
Alcoholic beverages generally. 1. No person shall manufacture
for sale or sell at wholesale or retail any alcoholic beverage within
the state without obtaining the appropriate license therefor required by
this chapter.
1-a. No person shall sell, offer for sale, or otherwise provide for
the consumption of any powdered or crystalline alcoholic product.
2. No manufacturer and no wholesaler shall sell, or agree to sell or
deliver in this state any alcoholic beverage for the purposes of resale
to any person who is not duly licensed pursuant to this chapter to sell
such beverages, at wholesale or retail, as the case may be, at the time
of such agreement and sale.
2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, any
person under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties of such person require or
permit such person to sell, dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug store beer license shall be
permitted to handle and deliver beer and wine products for such
licensee, (2) any person under the age of eighteen employed as a cashier
by a person holding a grocery or drug store beer license shall be
permitted to record and receive payment for beer and wine product sales
when in the presence of and under the direct supervision of a person
eighteen years of age or over, (2-a) any person under the age of
eighteen years and employed by a person holding a grocery store or drug
store beer license as either a cashier or in any other position to which
handling of containers which may have held alcoholic beverages is
necessary, shall be permitted to handle the containers if such have been
presented for redemption in accordance with the provisions of title ten
of article twenty-seven of the environmental conservation law, and (3)
any person under the age of eighteen years employed as a dishwasher,
busboy, or other such position as to which handling of containers which
may have held alcoholic beverages is necessary shall be permitted to do
so under the direct supervision of a person of legal age to purchase
alcoholic beverages in the state.
2-b. Subject to the provisions of section ninety-nine-f of this
chapter no retailer shall permit or suffer to appear as an entertainer,
on any premises licensed for retail sale hereunder, any person under the
age of eighteen years, except that a person under the age of eighteen
years may appear as such entertainer, provided that:
(a) the parents or lawful guardian of such person expressly consent in
writing to such appearance;
(b) the appearance is for a special function, occasion, or event;
(c) the appearance is approved by and made under the sponsorship of a
primary or secondary school;
(d) the appearance takes place in the presence and under the direct
supervision of a teacher of such school; and
(e) the appearance does not take place in a tavern. Failure to
restrain such a person from so appearing shall be deemed to constitute
permission.
3. Nothing contained in this chapter shall be construed to require
that any food be sold or purchased with or in order to obtain any
alcoholic beverage for consumption on the premises where sold.
4. Alcoholic beverages may be sold to be consumed on the premises at a
bar, counter or similar contrivance. Only one such bar, counter or
contrivance shall be permitted in any licensed premises, except that not
more than two additional bars, counters or contrivances may be permitted
by the liquor authority for good cause shown to it, and upon the payment
to it of a fee, for each additional bar, equivalent to the amount of the
annual license fee paid by the licensee or, in the case of an additional
bar, counter or contrivance operated on a seasonal basis, a fee
equivalent to the amount of the annual license fee paid by the licensee
prorated for the number of months that the seasonal bar is in operation.
Provided however that:
(a) if the licensed premises is a legitimate theatre or concert hall,
or contiguous to and used in conjunction with a legitimate theatre or
concert hall, additional bars, counters or contrivances may be permitted
by the liquor authority upon payment to it of an annual fee of one
hundred dollars for each such additional bar, counter or contrivance so
permitted, in addition to the annual license fee paid by such licensee;
(b) if such licensed premises be located at a baseball park, race
track, or either outdoor or indoor athletic field, facility, arena or
stadium, additional bars, counters or contrivances where beer shall be
sold at retail for consumption on the premises may be permitted by the
liquor authority, upon payment to it of the annual fee of thirty dollars
for each such additional bar, counter or contrivance so permitted, in
addition to the amount of the annual license fee paid by the licensee;
and
(c) temporary portable bars, counters or contrivances shall be
permitted in a ballroom, meeting room or private dining-room on the
licensed premises of a hotel, restaurant or club during such time as
said ballroom, meeting room or private dining-room is used for a private
dinner, entertainment, meeting or similar affair to which members of the
general public are not admitted.
4-a. At race meetings, authorized by the state gaming commission,
notwithstanding any inconsistent provision of law, additional bars,
counters or contrivances where alcoholic beverages shall be sold at
retail for consumption on the premises may be permitted by the liquor
authority, upon payment to it of a fee equivalent to the amount of the
annual or summer license fee paid by the licensee for each such
additional bar, counter or contrivance so permitted in addition to the
amount of the annual or summer license fee paid by the licensee.
4-b. Notwithstanding any inconsistent provision of law, for venues
being operated or to be operated under a license to sell alcoholic
beverages for consumption on the premises, and having a capacity for one
thousand or more persons, the liquor authority may issue licenses for
bars, counters, or similar contrivances in such numbers as the authority
may determine in the exercise of its discretion.
5. No retail licensee for off-premises consumption shall sell, deliver
or give away, or cause, permit or procure to be sold, delivered or given
away any alcoholic beverage, other than as provided herein, on credit: a
retail licensee for off-premises consumption, except a winery licensee,
may accept third party credit cards for the sale of any alcoholic
beverage for which it is licensed; a winery licensee having the right to
sell wine at retail for off-premises consumption may accept third party
credit cards for the sale of said beverages at the winery premises only;
and any person duly authorized to sell wine at retail for consumption
off the premises may sell on credit to any regularly organized church,
synagogue or religious organization, wines to be used for sacramental
purposes only. For purposes of this subdivision, beer and wine products
that are delivered and left at the residence of a consumer without
payment of the balance due thereon shall not constitute a sale on
credit.
6. Notwithstanding any provision of law, rule or regulation to the
contrary, a retail licensee for off-premises consumption may sell,
deliver or give away, or cause, permit or procure to be sold, delivered
or given away any alcoholic beverage on credit to a business or
corporation, provided that the business or corporation is permitted to
purchase from such retail licensee under this chapter. Such credit
period shall not exceed thirty days.
7. No licensee shall sell or purchase any receipts, certificates,
contracts or other documents issued for the storage of alcoholic
beverages except as provided by the rules of the liquor authority. The
liquor authority shall prescribe such rules for the purchase and sale of
such receipts, certificates, contracts or other documents issued for the
storage of alcoholic beverages which, in its opinion, will best
accomplish
(1) Elimination of fraudulent and deceptive transactions;
(2) Protection of purchasers against defaults by sellers;
(3) The delivery of the alcoholic beverages represented by such
receipts or documents, and
(4) The payment of all taxes due thereon to the state.
8. Within ten days after filing a new application to sell liquor at
retail under section sixty-three of this chapter, a notice thereof, in
the form prescribed by the authority, shall be posted by the applicant
in a conspicuous place at the entrance to the proposed premises. The
applicant shall make reasonable efforts to insure such notice shall
remain posted throughout the pendency of the application. The provisions
hereof shall apply only where no retail liquor license has previously
been granted for the proposed premise and shall, specifically, not be
applicable to a proposed sale of an existing business engaged in the
retail sale of liquor. The authority may adopt such rules as it may deem
necessary to carry out the purpose of this subdivision.
9. (a) Within ten days after filing a new application or an
application for renewal to sell liquor under section sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d or sixty-four-e
of this chapter, a notice thereof shall be posted by the applicant in a
conspicuous place at the entrance to the establishment or proposed
establishment where it can be easily read by passers-by. Said notice
shall be in a form prescribed by the authority, provided however that
said notice shall be either printed or highlighted in a pink ink of a
neon, luminous or fluorescent variety. The notice shall specify the
application date, the type of license, any identifying number assigned
by the authority, if available at the time of posting such notice, and
how to contact the state liquor authority to give a response to the
application. The applicant shall make reasonable efforts to insure such
notice shall remain posted throughout the pendency of such application.
Additionally, within ten days of the applicant's receipt of a written
request from the authority, the applicant shall re-post such notice. The
authority may adopt such rules as it may deem necessary to carry out the
purpose of this paragraph.
(b) Within ten days of the applicant's receipt of written notice of a
hearing scheduled pursuant to section sixty-four, sixty-four-a or
sixty-four-c of this chapter, the applicant shall post a copy of such
notice in a conspicuous place at the entrance to the establishment or
proposed establishment where it can be easily read by passers-by. This
notice shall include in clear and concise language a statement of the
use and capacity of the establishment. The applicant shall make
reasonable efforts to insure such notice shall remain posted until the
date of the hearing or public meeting specified in such notice.
Additionally, within ten days of the applicant's receipt of a written
request from the authority, the applicant shall re-post such notice. The
authority may adopt such rules as it may deem necessary to carry out the
purpose of this paragraph.
Manufacturers and wholesalers not to be interested in retail
places. 1. It shall be unlawful for a manufacturer or wholesaler
licensed under this chapter to
(a) Be interested directly or indirectly in any premises where any
alcoholic beverage is sold at retail; or in any business devoted wholly
or partially to the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any personal or
real property, or by any other means. The provisions of this paragraph
shall not apply to (i) any such premises or business constituting the
overnight lodging and resort facility located wholly within the
boundaries of the town of North Elba, county of Essex, township eleven,
Richard's survey, great lot numbers two hundred seventy-eight, two
hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two
hundred ninety-nine, three hundred, three hundred eighteen, three
hundred nineteen, three hundred twenty, three hundred thirty-five and
three hundred thirty-six, and township twelve, Thorn's survey, great lot
numbers one hundred six and one hundred thirteen, as shown on the
Adirondack map, compiled by the conservation department of the state of
New York - nineteen hundred sixty-four edition, in the Essex county
atlas at page twenty-seven in the Essex county clerk's office,
Elizabethtown, New York, provided that such facility maintains not less
than two hundred fifty rooms and suites for overnight lodging, (ii) (A)
all that tract or parcel of land situate in the City of Canandaigua,
County of Ontario, State of New York, all as shown on a map entitled
"Meridian Automotive Systems Subdivision Plan", prepared by Costich
Engineering, P.C., having drawn number 3203-01, last dated 8/4/2003, and
is to be filed in the Ontario County Clerk's Office and being more
particularly bounded and described as follows:
Beginning at a point on the east right-of-way line of North Bloomfield
Road said point also being the northwest corner of lands now or formerly
owned by Donald and Jean Baier having T.A. # 070.19-01-06; thence
1. N60Á57;16"W, along said east right-of -way of North Bloomfield Road
a distance of 1,266.75 feet to a point; thence
2. N50Á14'22"W, along said east right-of-way line of North Bloomfield
Road a distance of 143.38 feet to a point; thence
3. N31Á52'21"W, along said east right-of-way line of North Bloomfield
Road a distance of 187.27 feet to a point on the south right-of-way line
of North Street; thence
4. N46Á08'48"E, along said south right-of-way like of North Street a
distance of 119.22 feet to a point; thence
5. N63Á01'14"E, along said south right-of-way line or North Street a
distance of 741.98 feet to a point; thence
6. N86Á19 '13"E, along said south right-of-way of North Street a
distance of 19.24 feet to a point; thence
7. N65Á53'43"E, along said south right-of-way line: of North Street a
distance of 404.05 feet to a point; thence
8. N6 1Á36'29'"E, along said south right-of-way line: of North Street
a distance of 169.25 feet to a point; thence
9. N22Á28'53"E, along said south right-of-way line of North Street a
distance of 36.46 feet to a point; thence
10. N63Á01'14"E, along said south right-of-way line of North Street a
distance of 3.25 feet to a point; thence
11. N62Á49'02"E, along said south right-of-way line of North Street a
distance of 37.27 feet to a point; thence
12. S32Á33'19"E, a distance of 325.41 feet to a point; thence
13. S50Á20'56'E, a distance of 218.92 feet to a point, thence
14. S77Á44'52'E. a distance of 213.31 feet to a point, thence
15. Southerly along a curve to the right having a delta angle of
03Á50'08", a radius of 5,720.16 feet, and an arc length of 382.93 feet,
said curve also having a chord of S47Á19'56"E, 382.85 feet to a point;
thence
16. S45Á26'16"E. a distance of 510.13 feet to a point; thence
17. S62Á47'34"W. a distance of 1,052.60 feet to a point, thence
18. N52Á52'16"W, a distance of 185.00 feet to a point, thence
19. S43Á29'44"W. a distance of 190.00 feet to a point and place of
beginning. Containing 48,584 acres of land, more or less.
(B) all that piece or parcel of land situate in part of Lot 35, Second
Division, Township 13, Seventh Range of the Phelps and Gorham Purchase,
in the City of Rochester, County of Monroe, State of New York and more
particularly described as follows:
Commencing at the intersection of the northerly right-of-way Line of
University Avenue and the easterly right-of-way line of Culver Road;
thence southeasterly along the northerly right-of-way line of University
Avenue a distance of 1012.49 feet to the southwesterly most property
corner of lands now or formerly of University Avenue, LLC as laid forth
in Liber 11267 of deeds page 398; thence continuing southeasterly along
the northerly right-of-way line of University Avenue a distance of
391.30 feet to a point, said point being the true point and place of
beginning. Thence the following courses and distance:
1. Thence northerly making an interior angle turning to the left of
89Á52'00" with said northerly right-of-way line of University Avenue a
distance of 174.75 feet to a point;
2. Thence easterly making an interior angle of 90Á09'40" a distance of
21.70 feet to a point;
3. Thence northeasterly making an interior angle of 228Á45'07" a
distance of 15.43 feet to a point;
4. Thence southeasterly making an interior angle of 90Á00'00" a
distance of 13.15 feet to a point;
5. Thence northeasterly making an interior angle of 270Á00'00" a
distance of 14.05 feet to a point;
6. Thence southeasterly making an interior angle of 90Á00'00" a
distance of 14.40 feet to a point;
7. Thence southerly making an interior angle of 131Á14'53" a distance
of 4.00 feet to a point;
8. Thence easterly making an interior angle of 270Á00'00" a distance
of 59.15 feet to a point;
9. Thence southerly making an interior angle of 89Á50'45" a distance
of 136.60 feet to a point;
10. Thence easterly making an interior angle of 269Á35'35" a distance
of 1.10 feet to a point;
11. Thence southerly making an interior angle of 90Á00'00" a distance
of 38.20 feet to a point on the aforementioned northerly right-of-way
line of University Avenue;
12. Thence westerly along said northerly right-of-way line of
University Avenue a distance of 121.85 feet to a point, said point being
the true point and place of beginning.
Being and hereby intending to describe a portion of an existing
building located at 1344 University Avenue Rochester, New York, having
an area of 21,489 square feet or 0.493 acres.
(B-1) all that piece or parcel of land situate in part of Lot 35,
Second Division, Township 13, Seventh Range of the Phelps and Gorham
Purchase, in the City of Rochester, County of Monroe, State of New York
and more particularly described as follows:
Commencing at the intersection of the northerly right-of-way Line of
University Avenue and the easterly right-of-way line of Culver Road;
thence southeasterly along the northerly right-of-way line of University
Avenue a distance of 1012.49 feet to the southwesterly most property
corner of lands now or formerly of University Avenue, LLC as laid forth
in Liber 11267 of deeds page 398; thence continuing southeasterly along
the northerly right-of-way line of University Avenue a distance of
391.30 feet to a point, said point being the true point and place of
beginning. Thence the following courses and distance:
1. Thence northerly making an interior angle turning to the left of
89Á52'00" with said northerly right-of-way line of University Avenue a
distance of 174.75 feet to a point;
2. Thence easterly making an interior angle of 90Á09'40" a distance of
21.70 feet to a point;
3. Thence northeasterly making an interior angle of 228Á45'07" a
distance of 15.43 feet to a point;
4. Thence southeasterly making an interior angle of 90Á00'00" a
distance of 13.15 feet to a point;
5. Thence northeasterly making an interior angle of 270Á00'00" a
distance of 14.05 feet to a point;
6. Thence southeasterly making an interior angle of 90Á00'00" a
distance of 14.40 feet to a point;
7. Thence southerly making an interior angle of 131Á14'53" a distance
of 4.00 feet to a point;
8. Thence easterly making an interior angle of 270Á00'00" a distance
of 59.15 feet to a point;
9. Thence southerly making an interior angle of 89Á50'45" a distance
of 136.60 feet to a point;
10. Thence easterly making an interior angle of 269Á35'35" a distance
of 1.10 feet to a point;
11. Thence southerly making an interior angle of 90Á00'00" a distance
of 38.20 feet to a point on the aforementioned northerly right-of-way
line of University Avenue;
12. Thence westerly along said northerly right-of-way line of
University Avenue a distance of 121.85 feet to a point, said point being
the true point and place of beginning.
Being and hereby intending to describe a portion of an existing building
located at 1344 University Avenue Rochester, New York, having an area of
21,489 square feet or 0.493 acres.
* (C) PARCEL 1
ALL THAT TRACT OR PARCEL OF LAND, situate on the east side of North
Bloomfield Road in the City of Canandaigua, County of Ontario and State
of New York, bounded and described as follows:
Beginning at the southwest corner of lands of the grantor which point of
beginning marked by an iron in the east highway boundary of said Road
882.14 feet northwesterly from the north line of Buffalo Street in said
City; running thence N 74Á 22' 10" E a distance of 1108.20 feet to a
point in the west line of lands of the New York Central & Hudson River
Railroad Batavia Branch, marked by an existing iron; running, thence N
34Á 34' 20" W along the westerly bounds of said Railroad a distance of
412.38 feet to a point, marked by an existing iron; running thence S 74Á
01' 20" W a distance of 1241.03 feet, through an existing iron, to a
point, marked by a spike in the east line of said North Bloomfield Road;
running thence S 50Á 34' 20" E and along the east highway boundary of
said North Bloomfield Road a distance of 466.65 feet to the point and
place of beginning.
PARCEL 2
ALL THAT TRACT OR PARCEL OF LAND, lying to the east of the parcel above
described, and also west of lands of said New York Central & Hudson
River Railroad Auburn Branch in said City of Canandaigua, County of
Ontario and State of New York, bounded and described as follows:
Beginning at a point, marked by an iron, in the east line of lands of
the New York Central & Hudson River Railroad Batavia Branch, which point
is at the northwest corner of other lands of the grantee, said point
being N 69Á 14' 50" E a distance of 68.94 feet from the easterly
terminus of the first course in the description of Parcel 1, running
thence N 70Á 49' 40" E and along other lands of the grantee, a distance
of 726.63 feet to a point, marked by an iron in the west boundary of
lands of the New York Central & Hudson River Railroad Auburn Branch;
running thence N 19Á 17' 20" W and along the westerly bounds of said
Railroad a distance of 391.29 feet to a point, marked by an iron;
running thence S 70Á 41' 30" W a distance of 856.10 feet to a point,
marked by an existing iron in the easterly bounds of said New York
Central & Hudson River Railroad Batavia Branch; running thence S 37Á 40'
30" E along the easterly bounds of said New York Central & Hudson River
Railroad Batavia Branch a distance of 410.47 feet to the point or place
of beginning.
PARCEL 3
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario and State of New York, bounded and described as
follows:
Commencing at a point in the north line of Buffalo Street where the same
is intersected by the west line of the Penn Central Railroad Auburn
Branch and thence running (1) S 70Á 25' 10" W, along the north line of
Buffalo Street a distance of 516.06 feet to a point in the east line of
the Penn Central Railroad Batavia Branch; thence (2) N 37Á 42' 55" W
along the easterly line of Batavia Branch of the railroad a distance of
758.52 feet to a point; thence (3) N 70Á 25' 10" E a distance of 743.79
feet to a point in the west line of the Auburn Branch of the railroad;
thence (4) S 19Á 36' 35" E along said west line of the Auburn Branch of
the railroad distance of 379.37 feet to a point; thence (5) N 70Á 25'10"
E a distance of 8.00 feet to a point; thence (6) S 19Á 36' 35" E a
distance of 341.48 feet to a point on the north line of Buffalo Street
and the place of beginning.
PARCEL 4
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario and State of New York, bounded and described as
follows:
Beginning at a point at a corner in the general easterly line of land of
Canandaigua Industries Co., Inc., distant 341.48 feet measured N 19Á 36'
36" W along said easterly line, from the northerly line of Buffalo
Street at a point therein distant 1200 feet, more or less, measured
westwardly, along said line of Buffalo Street, from the westerly line of
Main Street;
Extending from said beginning point the following eight courses and
distances, the first four thereof being along said general easterly line
of lands of Canandaigua Industries Co., Inc.: (1) S 70Á 25' 10" W 8.00
feet to an iron; (2) N 19Á 36' 35" W, 379.37 feet to a spike set in a
railroad tie; (3) S 70Á 25' 10" W, 17.00 feet to an iron stake; and (4)
N 19Á 38' 00" W, 164.00 feet to an iron stake; thence the following four
courses and distances by remaining land of Penn Central Transportation
Company: (5) N 70Á 22' 00" E, 33.00 feet to an iron stake; (6) S 19Á 38'
00" E, 164.02 feet to an iron stake; (7) S 19Á 36' 35" E, 379.37 feet to
an iron stake; and (8) S 70Á 23' 25" W, 8.00 feet to the place of
beginning.
PARCEL 5
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario, State of New York, all as shown on a map entitled
"8.512 acre parcel to be conveyed to Constellation Brands, Inc. by
Meridian Automotive Systems, Inc.", prepared by Costich Engineering,
P.C., having drawing number 3203-A, dated 6/18/2003, and being more
particularly bounded and described as follows:
Commencing at a point on the south right-of-way line of North (66.0'
R.O.W.) Street said point being the northwest corner of lands now or
formerly owned by Cambridge Acquisition Corp, having T.A. #
070.19-01-04.2 and the northeast corner of lands now or formerly owned
by Cambridge Acquisition Corp having T.A. 070.19-01-03; thence A.
S38Á37'53"E, along the aforementioned common property line a distance of
772.95 feet to the point and place of beginning; thence 1. S38Á37'53"E,
a distance of 772.95 feet to a point; thence 2. S62Á34'17"W, a distance
of 440.56 feet to a point; thence 3. N45Á24'43"W, a distance of 531.72
feet to a point of curvature; thence 4. Northwesterly on a curve to the
left having a delta angle of 02Á38'31", a radius of 5,786.16 feet, and
an arc length of 266.80 feet, said curve also having a chord of
N46Á44'17"W, 266.78 feet to a point; thence 5. N62Á29'47"E, a distance
of 542.77 feet to the point and place of beginning. Containing 8.512
acres of land, more or less.
PARCEL 6
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario, State of New York, bounded and described as follows:
Beginning at a point in the west line of Finger Lakes Railway Corp.,
said point being the northwest corner of a parcel of land conveyed by
George P. Baker, Richard C. Bond and Jervis Langdon, Jr., Trustees of
the Property of Penn Central Transportation Company, Debtor to
Canandaigua Wine Company, Inc., Liber 729 of Deeds at page 95 and
proceeding thence, N 19Á 38' 00" W, along the west line of Finger Lakes
Railway Corp., for a distance of 227.29 feet to a point in the north
line of lands of Ontario County Industrial Development Agency, Liber
1096 of Deeds at page 335; thence, N 70Á 17' 00" F, for a distance of
38.00 feet to a point; thence, S 19Á 38' 00" E, through lands of Finger
Lakes Railway Corp. for a distance of 227.35 feet to a point; thence, S
70Á 22' 00" W, for a distance of 38.00 feet to the point and place of
beginning and containing 0.198 acre of land.
PARCEL 7
ALL THAT PROPERTY situate in the City of Canandaigua, County of Ontario
and State of New York and being all of the right, title and interest of
The Owasco River Railway, Inc., in and to all those certain pieces or
parcels of land and premises, easements, rights of way and any other
rights of any kind whatsoever appurtenant thereto or used in conjunction
therewith on and along that portion of a branch of railroad known as the
Holcomb Branch which lies north of the north line of West Avenue and
extends in a northwesterly direction for a distance of 7370 feet, more
or less, to the center line of North Street, in said City of
Canandaigua. Excepting from this conveyance so much of the said property
which lies south of the south line of Buffalo Street. Excepting from
this conveyance so much of the said property as described in that
certain deed from Ontario County Industrial Development Agency to
Meridian Automotive Systems-Composites Operation, Inc, dated November
12, 2003 and recorded in the Ontario County Clerk's Office on January
23, 2004 in Liber 1112 of Deeds at page 316. Excepting from this
conveyance so much of said property lying north of the above mentioned
exception parcel conveyed to Meridian Automotive Systems-Composites
Operation, Inc. and the center line of North Street.
* NB Repealed upon end of termination of lease for licensee (See
chapter 218 of 2020 § 5)
(iii) any such premises or business constituting the overnight lodging
facility located wholly within the boundaries of that tract or parcel of
land situated in the borough of Manhattan, city and county of New York,
beginning at a point on the northerly side of west fifty-fourth street
at a point one hundred feet easterly from the intersection of the said
northerly side of west fifty-fourth street and the easterly side of
seventh avenue; running thence northerly and parallel with the easterly
side of seventh avenue one hundred feet five inches to the center line
of the block; running thence easterly and parallel with the northerly
side of west fifty-fourth street and along the center line of the block
fifty feet to a point; running thence northerly and parallel with the
easterly side of seventh avenue one hundred feet five inches to the
southerly side of west fifty-fifth street at a point distant one hundred
fifty feet easterly from the intersection of the said southerly side of
west fifty-fifth street and the easterly side of seventh avenue; running
thence easterly along the southerly side of west fifty-fifth street
thirty-one feet three inches to a point; running thence southerly and
parallel with the easterly side of the seventh avenue one hundred feet
five inches to the center line of the block; running thence easterly
along the center line of the block and parallel with the southerly side
of west fifty-fifth street, one hundred feet; running thence northerly
and parallel with the easterly side of seventh avenue one hundred feet
five inches to the southerly side of west fifty-fifth street; running
thence easterly along the southerly side of west fifty-fifth street
twenty-one feet ten and one-half inches to a point; running thence
southerly and parallel with the easterly side of seventh avenue one
hundred feet five inches to the center line of the block; running thence
westerly along the center line of the block and parallel with the
northerly side of west fifty-fourth street three feet one and one-half
inches; running thence southerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to the northerly side of
west fifty-fourth street at a point distant three hundred feet easterly
from the intersection of the said northerly side of west fifty-fourth
street and the easterly side of seventh avenue; running thence westerly
and along the northerly side of west fifty-fourth street two hundred
feet to the point or place of beginning, provided that such facility
maintains not less than four hundred guest rooms and suites for
overnight lodging, (iv) any such premises or business located on that
tract or parcel of land, or any subdivision thereof, situate in the
Village of Lake Placid, Town of North Elba, Essex County, New York; it
being also a part of Lot No. 279, Township No. 11, Old Military Tract,
Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
as shown and designated on a certain map entitled "Map of Building Sites
for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being
PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife
made by G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and
filed in the Essex County Clerk's Office on August 27, 1964, and more
particularly bounded and described as follows; BEGINNING at the
intersection of the northerly bounds of Shore Drive (formerly Mirror
Street) with the westerly bounds of Park Place (formerly Rider Street)
which point is also the northeast corner of Lot No. 23, from thence
South 21Á50' East in the westerly bounds of Park Place a distance of 119
feet, more or less, to a lead plug in the edge of the sidewalk marking
the southeast corner of Lot No. 23 and the northeast corner of Lot No.
24; from thence South 68Á00'50" West a distance of 50.05 feet to an iron
pipe set in concrete at the corner of Lots 23 and 22; from thence South
65Á10'50" West a distance of 7.94 feet along the south line of Lot No.
22 to an iron pipe for a corner; from thence North 23Á21'40" West and at
17.84 feet along said line passing over a drill hole in a concrete
sidewalk, and at 68.04 feet further along said line passing over an iron
pipe at the southerly edge of another sidewalk, and at 1.22 feet further
along said line passing over another drill hole in a sidewalk, a total
distance of 119 feet, more or less, to the northerly line of Lot. No.
22; from thence easterly in the northerly line of Lot 22 and 23 to the
northeast corner of Lot No. 23 and the point of beginning. Also
including the lands to the center of Shore Drive included between the
northerly straight line continuation of the side lines of the above
described parcel, and to the center of Park Place, where they abut the
above described premises SUBJECT to the use thereof for street purposes.
Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers
by deed dated June 30, 1992, recorded in the Essex County Clerk's Office
on July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any such
premises or business located on that certain piece or parcel of land, or
any subdivision thereof, situate, lying and being in the Town of
Plattsburgh, County of Clinton, State of New York and being more
particularly bounded and described as follows: Starting at an iron pipe
found in the easterly bounds of the highway known as the Old Military
Turnpike, said iron pipe being located 910.39 feet southeasterly, as
measured along the easterly bounds of said highway, from the southerly
bounds of the roadway known as Industrial Parkway West, THENCE running S
31 Á 54' 33" E along the easterly bounds of said Old Military Turnpike
Extension, 239.88 feet to a point marking the beginning of a curve
concave to the west; thence southerly along said curve, having a radius
of 987.99 feet, 248.12 feet to an iron pipe found marking the point of
beginning for the parcel herein being described, said point also marked
the southerly corner of lands of Larry Garrow, et al, as described in
Book 938 of Deeds at page 224; thence N 07Á 45' 4" E along the easterly
bounds of said Garrow, 748.16 feet to a 3"x4" concrete monument marking
the northeasterly corner of said Garrow, the northwesterly corner of the
parcel herein being described and said monument also marking the
southerly bounds of lands of Salerno Plastic Corp. as described in Book
926 of Deeds at Page 186; thence S 81Á 45' 28" E along a portion of the
southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron
pin found marking the northeasterly corner of the parcel herein being
described and also marking the northwest corner of the remaining lands
now or formerly owned by said Marx and Delaura; thence S 07Á 45' 40" W
along the Westerly bounds of lands now of formerly of said Marx and
DeLaura and along the easterly bounds of the parcel herein being
described, 560.49 feet to an iron pin; thence N 83Á 43' 21" W along a
portion of the remaining lands of said Marx and DeLaura, 41.51 feet to
an iron pin; thence S 08Á 31' 30" W, along a portion of the remaining
lands of said Marx and Delaura, 75.01 feet to an iron pin marking
northeasterly corner of lands currently owned by the Joint Council for
Economic Opportunity of Plattsburgh and Clinton County, Inc. as
described in Book 963 of Deeds at Page 313; thence N 82Á 20' 32" W along
a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an
iron pin; thence 61Á 21' 12" W, continuing along a portion of the
northerly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S
07Á 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an
iron pin; thence S 66Á 48' 56" W along a portion of the northerly bounds
of remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe
found on the easterly bounds of the aforesaid highway, said from pipe
also being located on a curve concave to the west; thence running and
running northerly along the easterly bounds of the aforesaid highway and
being along said curve, with the curve having a radius of 987.93 feet,
60.00 feet to the point of beginning and containing 6.905 acres of land.
Being the same premises as conveyed to Ronald Marx and Alice Marx by
deed of CIT Small Business Lending Corp., as agent of the administrator,
U.S. Small Business Administration, an agency of the United States
Government dated September 10, 2001 and recorded in the office of the
Clinton County Clerk on September 21, 2001 as Instrument #135020; or
(vi) any such premises or business located on the west side of New York
state route 414 in military lots 64 and 75 located wholly within the
boundaries of that tract or parcel of land situated in the town of Lodi,
county of Seneca beginning at an iron pin on the assumed west line of
New York State Route 414 on the apparent north line of lands reputedly
of White (lib. 420, page 155); said iron pin also being northerly a
distance of 1200 feet more or less from the centerline of South Miller
Road; Thence leaving the point of beginning north 85-17'-44" west along
said lands of White a distance of 2915.90 feet to an iron pin Thence
north 03-52'-48" east along said lands of White, passing through an iron
pin 338.36 feet distant, and continuing further along that same course a
distance of 13.64 feet farther, the total distance being 352.00 feet to
a point in the assumed centerline of Nellie Neal Creek; Thence in
generally a north westerly direction the following courses and distances
along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
a distance of 189.56 feet to a point; north 63-40'-00" west a distance
of 156.00 feet to a point; north 49-25'-00" west a distance of 80.00
feet to a point; south 80-21'-00" west a distance of 90.00 feet to a
point; north 72-03'-00" west a distance of 566.00 feet to a point; north
68-15'-00" west a distance of 506.00 feet to a point; north 55-16'-00"
west a distance of 135.00 feet to a point; south 69-18'-00" west a
distance of 200.00 feet to a point; south 88-00'-00" west a distance of
170.00 feet to a point on a tie line at or near the high water line of
Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
an iron pin; Thence north 06-56'-47" east along said lands of M. Wagner
a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
along lands reputedly of Schneider (lib. 429, page 37) a distance of
50.10 feet to an iron pipe; Thence north 07-49'-11" east along lands
reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an
iron pipe; Thence north 82-29'-40" west along said lands of Oney a
distance of 95.30 feet to an iron pipe on a tie line at or near the
highwater line of Seneca Lake; Thence north 08-15'-22" east along said
tie line a distance of 25.00 feet to an iron pin; Thence south
82-28'-00" east along lands reputedly of Yu (lib. 405, page 420) a
distance of 96.53 feet to an iron pipe; Thence north 34-36'-59" east
along said lands of Yu a distance of 95.00 feet to a point in the
assumed centerline of Van Liew Creek; Thence in generally an easterly
direction the following courses and distances along the assumed
centerline of Van Liew Creek; north 72-46'-37" east a distance of 159.98
feet to a point; north 87-53'-00" east a distance of 94.00 feet to a
point; south 71-12'-00" east a distance of 52.00 feet to a point; south
84-10'-00" east a distance of 158.00 feet to a point; south 59-51'-00"
east a distance of 160.00 feet to a point; south 83-29'-00" east a
distance of 187.00 feet to a point; Thence north 01-33'-40" east along
lands reputedly of Hansen (lib. 515, page 205) passing through an iron
pipe 32.62 feet distant, and continuing further along that same course
passing through an iron pin 205.38 feet farther, and continuing still
further along that same course a distance of 21.45 feet farther, the
total distance being 259.45 feet to the assumed remains of a White Oak
stump; Thence north 69-16'-11" east along lands reputedly of Schwartz
(lib. 374, page 733) being tie lines along the top of the south bank of
Campbell Creek a distance of 338.00 feet to a point; Thence south
57-17'32" east along said tie line a distance of 136.60 feet to a point;
Thence south 74-45'-00" east along said tie line a distance of 100.00
feet to an iron pin; Thence north 04-46'-00" east along said lands of
Schwartz a distance of 100.00 feet to a point in the assumed centerline
of Campbell Creek; Thence in generally an easterly direction the
following courses and distances along the assumed centerline of Campbell
Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
76-53'-00" east a distance of 180.00 feet to a point; north 83-05'00"
east a distance of 230.00 feet to a point; south 66-44'-00" east a
distance of 90.00 feet to a point; south 81-10'-00" east a distance of
240.00 feet to a point; south 45-29'-15" east a distance of 73.18 feet
to a point; Thence south 05-25'-50" west along lands reputedly of
Stanley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point
on the assumed north line of Military Lot 75; Thence south 84-34'-10"
east along said lands of Wagner and the assumed north line of Military
Lot 75 a distance of 1195.06 feet to an iron pin; Thence south O6-57'52"
west along said lands of M. Wagner (lib. 414, page 267) passing through
an iron pin 215.58 feet distant, and continuing further along that same
course a distance of 20.59 feet farther, the total distance being 236.17
feet to a point in the assumed centerline of Campbell Creek; Thence in
generally a south easterly direction the following course and distances
along the assumed centerline of Campbell Creek; north 78-23'-09" east a
distance of 29.99 feet to a point; south 46-09'-15" east a distance of
65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
a point; south 61-59'-50" east a distance of 206.91 feet to a point;
north 63-58'-27" east a distance of 43.12 feet to a point; south
28-51'-21" east a distance of 47.72 feet to a point; south 15-14'-08"
west a distance of 33.42 feet to a point; south 79-16'-32" east a
distance of 255.15 feet to a point; south 62-19'-46" east a distance of
75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
a point; north 82-12'55" east a distance of 86.00 feet to a point; south
44-13'53" east a distance of 64.08 feet to a point; north 67-52'-46"
east a distance of 73.98 feet to a point; north 88-13'-13" east a
distance of 34.64 feet to a point on the assumed west line of New York
State Route 414; Thence south 20-13'-30" east along the assumed west
line of New York State Route 414 a distance of 248.04 feet to a concrete
monument; Thence south 02-10'-30" west along said road line a distance
of 322.90 feet to an iron pin; Thence 13-14'-50" west along said road
line a distance of 487.41 feet to an iron pin, said iron pin being the
point and place of beginning;
Comprising an area of 126.807 acres of land according to a survey
completed by Michael D. Karlsen entitled "Plan Owned by Stanley A.
Wagner" known as Parcel A of Job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect the parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe a portion of the premises as conveyed
by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10,
1989 in Liber 450 of deeds, at Page 286.
This survey also intends to describe a portion of the premises as
conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded
April 30, 1980 in Liber 385 of Deeds, at Page 203.
ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
New York State Route 414 in Military Lot 75 in the Town of Lodi, County
of Seneca, State of New York bounded and described as follows:
Beginning at an iron pin on the assumed east line of New York State
Route 414, said iron pin being north 50-44'-57" east a distance of
274.92 feet from the south east corner of the parcel of land herein
above described; Thence leaving the point of beginning north 00-26'01"
east along a mathematical tie line a distance of 504.91 feet to an iron
pin; Thence south 37-00'-20" east along lands reputedly of Tomberelli
(lib. 419, page 243) passing through an iron pin 176.00 feet distant,
and continuing further along that same course a distance of 2.01 feet
farther, the total distance being 178.01 feet to a point; Thence south
09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page 181)
a distance of 68.19 feet to an iron pipe; Thence south 15-36'-04" west
along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
Thence south 72-04'-59" west along said lands of M. Wagner a distance of
20.49 feet to an iron pin, said iron pin being the point and place of
beginning.
Comprising an area of 0.727 acre of lands according to a survey
completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley
A. Wagner" known as Parcel B of job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect this parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe the same premises as conveyed by Henry
W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page
92.
This survey also intends to describe a portion of the premises as
conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded
February 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of
this paragraph shall not apply to any premises or business located
wholly within the following described parcel: ALL THAT TRACT OR PARCEL
OF LAND situate in the City of Corning, County of Steuben and State of
New York bounded and described as follows: Beginning at an iron pin
situate at the terminus of the westerly line of Townley Avenue at its
intersection with the southwesterly line of New York State Route 17;
thence S 00Á 45' 18" E along the westerly line of Townley Avenue, a
distance of 256.09 feet to a point; thence S 89Á 02' 07" W through an
iron pin placed at a distance of 200.00 feet, a total distance of 300.00
feet to an iron pin; thence N 00Á 59' 17" W a distance of 47.13 feet to
an iron pin; thence S 89Á 02' 07" W a distance of 114.56 feet to a point
situate in the southeast corner of Parcel A-2 as set forth on a survey
map hereinafter described; thence N 14Á 18' 49" E a distance of 124.40
feet to an iron pin situate at the southeast corner of lands now or
formerly of Cicci (Liber 923, Page 771); thence N 14Á 18' 49" E a
distance of 76.46 feet to an iron pin; thence N 00Á 57' 53" W a distance
of 26.25 feet to an iron pin marking the southeast corner of parcel A-1
as set forth on the hereinafter described survey map; thence N 00Á 58'
01" W a distance of 166.00 to an iron pin situate at the northeast
corner of said Parcel A-1, which pin also marks the southeast corner of
lands now or formerly of Becraft (Liber 1048, Page 1086); thence N 00Á
57' 53" W a distance of 106.00 feet to an iron pin situate in the
southerly line of lands now or formerly of the United States Postal
Service; thence N 89Á 02' 07" E along the southerly line of said United
States Postal Service a distance of 81.47 feet to a point; thence N 14Á
18' 49" E along the easterly line of said United States Postal Service a
distance of 114.29 feet to an iron pin situate in the southwesterly line
of New York State Route 17; thence S 32Á 00' 31" E along the
southwesterly line of New York State Route 17, a distance of 358.93 feet
to an iron pin; thence continuing along the southwesterly line of New
York state Route 17, S 38Á 30' 04" E a distance of 108.18 feet to the
iron pin marking the place of beginning. Said premises are set forth and
shown as approximately 4.026 acres of land designated as Parcel A
(excluding Parcels A-1 and A-2) on a survey map entitled "As-Built
Survey of Lands of New York Inn, LLC, City of Corning, Steuben County,
New York" by Weiler Associates, dated December 27, 2001, designated Job
No. 12462; or (vii) any such premises or businesses located on that
certain plot, piece or parcel of land, situate, lying and being in the
Second Ward of the City of Schenectady, on the Northerly side of Union
Street, bounded and described as follows: to wit; Beginning at the
Southeasterly corner of the lands lately owned by Elisha L. Freeman and
now by Albert Shear; and running from thence Easterly along the line of
Union Street, 44 feet to the lands now owned by or in the possession of
James G. Van Vorst; thence Northerly in a straight line along the last
mentioned lands and the lands of the late John Lake, 102 feet to the
lands of one Miss Rodgers; thence Westerly along the line of the last
mentioned lands of said Rodgers to the lands of the said Shear; and
thence Southerly along the lands of said Shear 101 feet, 6 inches to
Union Street, the place of beginning.
Also all that tract or parcel of land, with the buildings thereon,
situate in the City of Schenectady, County of Schenectady, and State of
New York, situate in the First, formerly the Second Ward of the said
City, on the Northerly side of Union Street, which was conveyed by
William Meeker and wife to Elisha L. Freeman by deed dated the second
day of December 1843, and recorded in the Clerk's Office of Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said deed is bounded and described as follows: Beginning at a point in
the Northerly line of Union Street where it is intersected by the
Easterly line of property numbered 235 Union Street, which is hereby
conveyed, and running thence Northerly along the Easterly line of said
property, One Hundred Forty and Five-tenths (140.5) feet to a point
sixteen (16) feet Southerly from the Southerly line of the new garage
built upon land adjoining on the North; thence Westerly parallel with
said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly
One Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin
of Union Street; thence Easterly along the Northerly margin of Union
Street, about Forty-eight and three-tenths (48.3) feet to the point or
place of beginning.
The two above parcels are together more particularly described as
follows:
All that parcel of land in the City of Schenectady beginning at a
point in the northerly margin of Union Street at the southwesterly
corner of lands now or formerly of Friedman (Deed Book 636 at page 423)
which point is about 60 feet westerly of the westerly line of North
College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
southeasterly corner of other lands now or formerly of Friedman (Deed
Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
southwesterly corner of lands now or formerly of Stockade Associates
(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
lands now or formerly of McCarthy (Deed Book 1129 at page 281); thence
along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly
corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
thence still along lands of SONYMA and lands now or formerly of Magee
(Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a
corner; thence still along lands of Magee and Lands of Friedman first
above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of
beginning.
Excepting and reserving all that portion of the above parcel lying
easterly of a line described as follows:
All that tract or parcel of land, situated in the City of Schenectady
and County of Schenectady and State of New York, on the Northerly side
of Union Street bounded and described as follows:
Beginning at a point in the northerly line of Union Street, said point
being in the division line between lands now or formerly of Electric
Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
under Will of Ruth F. Wexler (Street number 241 Union Street) on the
East; thence North 03 deg. 04' 10" East, along the building known as
Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
North 88 deg. 45' 45" West, along said building and building eve, a
distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,
along said building eve of Street No. 241 Union Street, a distance of
32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,
a distance of 1.2 feet to an intersection of building corner of Street
No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"
East, along said brick wall, a distance of 14.47 feet to a point in the
corner of the brick wall, thence South 86 deg. 46' 45" East along said
brick wall a distance of 4.42 feet to the intersection of brick wall
with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of
0.62 feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
Also all that tract or parcel of land commonly known as the Union
Street School, located on the Northeasterly corner of Union and North
College Streets in the First Ward of the City and County of Schenectady
and State of New York, more particularly bounded and described as
follows: Beginning at a point in the Northerly street line of Union
Street where it is intersected by the Easterly street line of North
College Street, and runs thence Northerly along the Easterly street line
of North College Street, one hundred seven and five-tenths (107.5) feet
to a point, thence easterly at an angle of ninety (90) degrees, one
hundred ninety-one and seventy-five hundredths (191.75) feet to a point
in the Northwesterly street line of Erie Boulevard thence southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred
twenty-three and eight-tenths (123.8) feet to its intersection with the
Northerly street line of Union Street; thence Westerly along the
Northerly street line of Union Street, one hundred twenty-four and
fifty-five hundredths (124.55) feet to the point or place of beginning.
The above described parcel of property includes the Blue Line parcel
of land, which is a portion of the abandoned Erie Canal Lands, located
in the First Ward of the City of Schenectady, New York, and which Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth in the above described premises and the Northeasterly lot line of
the old Union Street School as it runs parallel with the Northwesterly
line of Erie Boulevard as aforesaid.
The two above parcels are together more particularly described as
follows: All that parcel of land in the City of Schenectady beginning at
a point in the northerly margin of Union Street and the northwesterly
margin of Erie Boulevard and runs thence along Union Street N. 86 deg.
42' 20" W. 124.55 feet to the easterly margin of North College Street;
thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
191.75 feet to the northwesterly margin of Erie Boulevard; thence along
Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of
beginning; or (viii) any such premises or businesses located on that
tract or parcel of land situate in the Town of Hopewell, Ontario County,
State of New York, bounded and described as follows: Commencing at a
5/8" rebar found on the division line between lands now or formerly of
Ontario County - Finger Lakes Community College (Liber 698 of Deeds,
Page 466) on the north and lands now or formerly of James W. Baird
(Liber 768 of Deeds, Page 1109) on the south; thence, North 43Á-33'-40"
West, on said division line, a distance of 77.32 feet to the Point of
Beginning. Thence, North 43Á-33'-40" West, continuing on said division
line and through said lands of Ontario County, a distance of 520.45 feet
to a point on the southeasterly edge of an existing concrete pad;
thence, South 74Á-19'-53" West, along said edge of concrete and the
projection thereof, a distance of 198.78 feet to a point on the easterly
edge of pavement of an existing campus drive; thence, the following two
(2) courses and distances along said edge of pavement: Northeasterly on
a curve to the left having a radius of 2221.65 feet, a chord bearing of
North 30Á-16'-39" East, a chord distance of 280.79, a central angle of
07Á-14'-47", a length of 280.98 feet to a point of reverse curvature;
thence, Northeasterly on a curve to the right having a radius of 843.42
feet, a chord bearing of North 45Á-25'-09" East, a chord distance of
534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a
point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the
corner of the property acquired by Ontario County (Liber 766 of Deeds,
Page 1112), as shown on a map recorded in the Ontario County Clerk's
Office as Map No. 6313; thence, the following four (4) courses and
distances along said property line: South 30Á-04'-59" East, a distance
of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of
147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of
200.93 feet to a point; thence, South 23Á-48'-53" West, along said
property line, and the projection thereof, through the first said lands
of Ontario County - Finger Lakes Community College (Liber 698 of Deeds,
Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel
containing 7.834 acres, more or less, as shown on a map entitled
"Proposed Lease Area - Friends of the Finger Lakes Performing Arts
Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,
dated June 10, 2005, last revised August 17, 2005. The related PAC
Properties are shown on the Map denominated "FLCC Campus Property, FLPAC
Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the
Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
at page 9 and are comprised of the areas separately labeled as Parking
Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
Entry Roads; or (ix) any such premises or businesses located on that
tract or parcel of land situate lying and being in the Town of Oneonta,
County of Otsego and State of New York and being a portion of Otsego
County Tax Map Department Parcel Number 287.00-1-33 and bounded and
described as follows: Beginning at a point 2.12 feet off the
northeasterly corner of a one story building on the lands, now or
formerly, of Abner Doubleday, LLC, aka Cooperstown All Star Village,
LLC, as owned by Martin and Brenda Patton, which point lies N 87Á55'13"
W a distance of 149.37' from the northeast corner of the Patton lands;
thence N 74Á30'18" W a distance of 51.50 feet to a point; thence S
15Á29'42" W a distance of 2.00 feet to a point; thence N 74Á30'18" W a
distance of 14.00 feet to a point; thence S 15Á29'42" W a distance of
19.20 feet to a point; thence S 74Á30'18" E a distance of 14.20 feet to
a point; thence S 15Á29'42" W a distance of 4.20 feet; thence S
74Á30'18" E a distance of 51.30 feet to a point; thence N 15Á29'42" E a
distance of 25.40 feet to a point to the point and place of beginning.
Containing an area of 1576.06 square feet, or 0.036 acres with such
bearings referencing Magnetic North 1995.
This survey is subject to any rights of way or easements which may have
been granted to utility companies; or (x) Notwithstanding any other
provision of law to the contrary, the state liquor authority may issue a
license under section fifty-one-a of this chapter to the owner and/or
operator of the parcel described in this subparagraph. The legal
description for the parcel so identified as the site is as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse,
County of Onondaga and State of New York being more particularly
described as follows:
Beginning at a point in the easterly line of North Clinton Street,
said point being approximately 518.65 feet southerly along the easterly
line of North Clinton Street from its intersection with the southerly
line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65
feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a
point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in
the westerly line of Genant Drive; thence southeasterly along the
westerly line of Genant Drive on a curve to the right with a radius of
643.94 feet, an arc length of 77.63 feet and a chord of S. 16Á 43' 54"
E. with a distance of 77.58' to the point of tangency; thence S. 13Á 17'
52" E. a distance of 265.92 feet to a point; thence on a curve to the
right with a radius of 55 feet, an arc length of 57.02 feet and a chord
of S. 16Á 23' 37" W. with a distance of 54.53 feet to the point of
tangency; thence S. 59Á 31' 29" W. a distance of 24.64 feet to a point;
thence S. 71Á 26' 56" W. a distance of 142.18 feet to a point in the
easterly line of N. Clinton Street; thence N. 28Á 09' 10" W. a distance
of 364.86 feet to the point and place of beginning. Said parcel being
approximately 1.99 acres. The aforesaid described parcel is also shown
as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of
Resubdivision of a portion of Block D in the Original Village of
Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State
of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto,
Licensed Land Surveyor, dated March 20, 2001 and last revised May 21,
2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
Map No. 9408.
EXCEPTING AND RESERVING THEREFROM, a permanent easement and
right-of-way benefiting Niagara Mohawk Power Corporation, its successors
and assigns, upon and across that portion of the above described
premises more particularly described as follows:
Beginning at a point in the easterly line of North Clinton Street,
said point being approximately 518.65 feet southerly along the easterly
line of North Clinton Street from its intersection with the southerly
line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65
feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a
point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in
the westerly line of Genant Drive; thence southeasterly along the
westerly line of Genant Drive on a curve to the right with a radius of
643.94 feet, an arc length of 68.17 feet to a point which is the
northeast corner of the Multi-Story Brick Building located on Lot "1B"
(311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision
of a portion Of Block D in the Original Village of Syracuse into Lots 1A
and 1B, City of Syracuse, Onondaga County, State of New York, known as
431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land
Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed
in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408
(the "Subdivision Map"); thence along the northerly line of said
Multi-Story Brick Building S. 76Á 52' 55" W. a distance 283.21 feet to
the easterly line of North Clinton Street; thence N. 27Á 59' 42" W. a
distance of 9.8' to the point and place of beginning. Said easement and
right-of-way shall be a permanent easement appurtenant, creating a
property right which shall run with the land, for the purpose of ingress
and egress by Niagara Mohawk Power Corporation, its successors and
assigns to the benefited parcel, identified as the Ash Street Substation
located on lot 1A (431 Genant Drive) as shown on the Subdivision Map,
and to access, maintain, repair, replace and remove the transformer and
containment pad and the two vaults, shown on the Subdivision Map, and
any appurtenant facilities or other property of Niagara Mohawk Power
Corporation located within said easement, provided that the Multi-Story
Brick Building, stairs and two air conditioning units shown on the
Subdivision Map and located in the easement area are part of the real
property conveyed herein and shall not be deemed to be property of
Niagara Mohawk Power Corporation.
ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
successors and assigns, from the parcel(s) described in this deed, the
permanent right-of-way and easement to operate, maintain, replace and/or
remove any and all existing gas and electric facilities, and all
appurtenant facilities thereto, as are now erected upon the premises
above described, including the full right, privileges and authority to
cross lands of the party of the second part to gain access to said
facilities, and also including the full right, privileges and authority
to cut and remove all trees, structures, and other obstructions within
the permanent right-of-way, together with the right to cut and remove
any trees outside the permanent right-of-way which in the sole opinion
of Niagara Mohawk Power Corporation, its successors and assigns, are
deemed likely to interfere with or pose a hazard to the facilities,
provided that the Multi-Story Brick Building, stairs and two air
conditioning units shown on the Subdivision Map shall not be removed or
modified by Niagara Mohawk Power Corporation, its successors and
assigns, pursuant to this Right-of-Way and Easement.
ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
successors and assigns, the permanent right-of-way and easement to
operate, maintain, build, construct, replace and/or remove electric and
gas distribution facilities within ten (10) feet of the edge of any
highway(s) abutting the premises herein deemed necessary by said Niagara
Mohawk Power Corporation, its successors and assigns, said easement to
include the full right, privilege and authority to cut and remove all
trees, structures, and obstructions within said easement deemed
necessary by Niagara Mohawk Power Corporation, provided that the
Multi-Story Brick Building shown on the Subdivision Map shall not be
removed or modified by Niagara Mohawk Power Corporation, its successors
and assigns, pursuant to this right-of-way and easement; or (xi) ALL
that certain plot, piece or parcel of land, situate, lying and being in
the Town of Greenburgh, County of Westchester and State of New York,
being bounded and described as follows:
BEGINNING at a point on the easterly side of Saw Mill River Road where
the same is intersected by the division line between premises
hereinafter described and lands now or formerly of One Riverdale Ave.
Development Co., Inc., said point being North 11 Degrees 23' 24" West
22.83 feet from the former North East corner of Saw Mill River Road and
Hunter Lane;
THENCE along said division line, North 82 Degrees 18' 00" East 647.08
feet to land now or formerly of One Riverdale Ave. Development Co.,
Inc.;
THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet
and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
lands now or formerly of Hodes Daniels;
THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet,
South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West
120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east
side of Saw Mill River Road;
THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING;
or
(xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth
Ward of the City of Troy, County of Rensselaer and State of New York,
known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five
(5), A Five (A5) and the southerly portions of Lots Four (4) and A Four
(A4), as the same are laid down and described on a certain Map made by
Frederick W. Orr, dated August 15, 1918, filed in the Office of the
Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
premises hereby intended to be conveyed are bounded and described as
follows:
COMMENCING at an iron rod in the westerly side of River Street at the
most southeasterly corner of premises heretofore conveyed by Harry
Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed
dated November 8, 1940, recorded November 12, 1940 In the Office of the
Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and
running thence southerly along the westerly line of River Street 215.6
feet to a pipe in the most southeasterly corner of Lot No. A7; thence
westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more
or less to the easterly shore of the Hudson River; thence northerly
along the easterly shore of the Hudson River 216 feet more or less to
the most southwesterly corner of land heretofore conveyed by the said
Harry Goldberg and Norman Goldberg to Arthur E. Collins and another
hereinbefore recited; thence along the southerly line of lands
heretofore conveyed to said Collins and another easterly 31.75 feet;
thence northerly 6.33 feet; thence easterly 18 feet; thence southerly
6.33 feet; thence easterly 150.57 feet to the point or place of
beginning.
EXCEPTING THEREFROM that portion of the above described premises as
were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,
Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County
Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
Containing 17,600 square feet of land more or less.
BEARINGS refer to the magnetic meridian of 1993. Said premises are
also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
and depth 115.60 x 220.00 being the same premises described in Book 6534
of Deeds at Page 256 in the Rensselaer County Clerk's Office and being
the same premises in the 2009 City of Troy Assessment Rolls and
90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded
and described as follows: BEGINNING at a point marked by a capped iron
rod where the division line between lands now or formerly of Walter
Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands
herein described on the southwest intersects the northwesterly side of
River Street; running thence South 40Á 01' 52" West along the
northwesterly side of River Street a distance of 100.00 feet to a point;
thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the
southwesterly corner of the building located on the herein described
premises, said point also being the northeasterly corner of the building
located on the property adjoining on the southwest; thence North 60Á 59'
40" West along the building wall located on the property adjoining on
the southwest and the northwesterly continuation of same a distance of
140.88 feet to the easterly shore of the Hudson River; thence North 30Á
16' 52" East along the shore of the Hudson River a distance of 90.90
feet to a point; thence South 60Á 44' 08" East along lands now or
formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a
distance of 31.75 feet to a point; thence North 30Á 16' 52" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60Á 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc a
distance of 18.00 feet to a point; thence South 30Á 16' 52" West
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60Á 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 149.40 feet to the point and place of beginning. Be the
aforesaid dimensions in this clause more or less and encompassing lands
considered to be a single contiguous parcel.
The provisions of this paragraph shall not apply to any premises
licensed under section sixty-four of this chapter in which a
manufacturer or wholesaler holds a direct or indirect interest, provided
that: (I) said premises consist of an interactive entertainment facility
which predominantly offers interactive computer and video entertainment
attractions, and other games and also offers themed merchandise and food
and beverages, (II) the sale of alcoholic beverages within the premises
shall be restricted to an area consisting of not more than twenty-five
percent of the total interior floor area of the premises, (III) the
retail licenses shall derive not less than sixty-five percent of the
total revenue generated by the facility from interactive video
entertainment activities and other games, including related attractions
and sales of merchandise other than food and alcoholic beverages, (IV)
the interested manufacturer or wholesaler, or its parent company, shall
be listed on a national securities exchange and its direct or indirect
equity interest in the retail licensee shall not exceed twenty-five
percent, (V) no more than fifteen percent of said licensee's purchases
of alcoholic beverages for sale in the premises shall be products
produced or distributed by the manufacturer or wholesaler, (VI) neither
the name of the manufacturer or wholesaler nor the name of any brand of
alcoholic beverage produced or distributed by said manufacturer or
wholesaler shall be part of the name of the premises, (VII) the name of
the manufacturer or wholesaler or the name of products sold or
distributed by such manufacturer or wholesaler shall not be identified
on signage affixed to either the interior or the exterior of the
premises in any fashion, (VIII) promotions involving alcoholic beverages
produced or distributed by the manufacturer or wholesaler are not held
in such premises and further, retail and consumer advertising
specialties bearing the name of the manufacturer or wholesaler or the
name of alcoholic beverages produced or distributed by the manufacturer
or wholesaler are not utilized in any fashion, given away or sold in
said premises, and (IX) except to the extent provided in this paragraph,
the licensing of each premises covered by this exception is subject to
all provisions of section sixty-four of this chapter, including but not
limited to liquor authority approval of the specific location thereof.
The provisions of this paragraph shall not prohibit (1) a manufacturer
or wholesaler, if an individual, or a partner, of a partnership, or, if
a corporation, an officer or director thereof, from being an officer or
director of a duly licensed charitable organization which is the holder
of a license for on-premises consumption under this chapter, nor (2) a
manufacturer from acquiring any such premises if the liquor authority
first consents thereto after determining, upon such proofs as it shall
deem sufficient, that such premises is contiguous to the licensed
premises of such manufacturer, and is reasonably necessary for the
expansion of the facilities of such manufacturer. After any such
acquisition, it shall be illegal for a manufacturer acquiring any such
premises to sell or deliver alcoholic beverages manufactured by him to
any licensee occupying such premises; or
(xiii) any such premises or business located in the Town of Carmel,
County of Putnam, State of New York, and being more particularly bounded
and described as follows:
BEGINNING at a point on the westerly side of U.S. Route 6 where the
same is intersected by Lot No. 1 as shown on "Minor Subdivision Plat
Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3
& 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018
as filed map no. 3196 and lands now or formerly of the Putnam County
Bike path; THENCE from said point of beginning along the westerly side
of U.S. Route 6, S 14Á 39' 25" E 16.79' to the intersection of Lot Nos.
1 & 3 as shown on the aforementioned filed map no. 3196; THENCE along
the dividing line between Lot Nos. 1 & 3 as shown on the aforementioned
filed map no. 3196, S 75Á 20' 35" W 6.53' to a point on a curve to the
right; THENCE along said curve to the right with a radius of 150.00', a
length of 49.19' and a central angle of 18Á 47' 25" to a point; thence N
85Á 52' 00" W 743.76', S 2Á 05' 46" W 866.14' and N 88Á 19' 25" W
258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on
the aforementioned filed map no. 3196; THENCE along the dividing line
between Lot Nos. 1 & 2 as shown on the aforementioned filed map no.
3196, N 28Á 38' 52" W 218.96' and N 77Á 16' 24" W 239.77' to a point on
a curve to the right; THENCE along said curve to the right with a radial
bearing of S 84Á 14' 21" E, a radius of 150.00', a length of 14.91' and
a central angle of 5Á 41' 49" to a point; thence N 11Á 27' 28" E 300.64'
to a point on a curve to the left; THENCE along said curve to the left
with a radius of 70.00', a length of 121.16' and a central angle of 99Á
10' 18" to a point; THENCE N 87Á 42' 50" W 58.65' to a point on the
easterly side of Seminary Hill Road; THENCE along the easterly side of
Seminary Hill Road, N 24Á 43' 45" E 16.72', N 22Á 06' 20" E 413.76', N
31Á 12' 50" E 6.29', N 43Á 03' 10" E 4.16' and N 42Á 32' 19" E 6.72' to
a point at the intersection of Lot No. 1 as shown on the aforementioned
filed map no. 3196 and lands now or formerly of the Putnam County
Bikepath; THENCE along the dividing line between Lot No. 1 as shown on
the aforementioned filed map no. 3196 and lands now or formerly of the
Putnam County Bikepath, N 63Á 24' 48" E 12.80', N 72Á 52' 19" E 17.05',
S 68Á 45' 13" E 41.08', S 88Á 19' 31" E 215.42', S 29Á 05' 17" E 71.85',
S 74Á 05' 17" E 393.67' and S 85Á 52' 00" E 617.85' to the point and
place of BEGINNING. Containing within said bounds 13.003 acres of land
more or less.
* (xiv) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and
being in the Village of South Glens Falls, County of Saratoga and State
of New York, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the herein described
parcel. Also being the southeast corner of Lands of Village of South
Glens Falls (L. 1448 P. 709) and being on the north boundary of West
Marion Street, thence from said point of beginning: n 21-21'-57" E
150.72 feet along lands of the Village of South Glens Falls to a point
on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04
feet along lands of Village of South Glens Falls and Mounir Rahal to a
point at the southeast corner of Rahal and on the west boundary of U.S.
Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the
intersection of the west boundary of Rte. 9 and the north boundary of
West Marion Street, thence North 67-32'-32" West 189.29 feet along West
Marion Street to the point and place of beginning. Said parcel
containing 0.507 plus or minus acres; or
* NB There are 3 sbpar (xiv)'s
* (xiv) any such premises or business constituting an alcoholic
beverage manufacturer or wholesaler in the town of Hyde Park, county of
Dutchess owned and operated by the Culinary Institute of America, a
not-for-profit 501(c)(3) higher education institution chartered by the
New York state board of regents located at:
SCHEDULE A
ALL that certain tract, lot and parcel of land lying and being in the
Town of Hyde Park, County of Dutchess and State of New York, being more
particularly described as follows:
BEGINNING at a point on the easterly side of Albany Post Road (NYS
Route 9), said point being the southwesterly corner of the herein
described premises and the northwesterly corner of lands now or formerly
of Traver; running thence along the said easterly side of Albany Post
Road the following four (4) courses and distances: North 03Á 15' 30"
East 68.91 feet, North 09Á 35' 20" East 31.09 feet, North 06Á 53' 00"
East 148.62 feet, and North 12Á 25' 00" East 62.03 feet to the corner
formed by the intersection of the said easterly side of Albany Post Road
and the Southerly side of West Dorsey Lane; running thence along the
said southerly side of West Dorsey Lane North 38Á 26' 00" East 25.02
feet, North 63Á 13' 00" East 37.83 feet, and North 67Á 25' 00" East
121.38 feet to the northwest corner of lands now or formerly of
Firneiss; running thence along the westerly and southerly line of lands
now or formerly of Firneiss, South 03Á 16' 59" East 179.57 feet and
South 79Á 13' 59" East 121.73 feet to lands now or formerly of Maidman;
running thence along the westerly line of lands now or formerly of
Maidman South 28Á 34' 00" West 105.08 feet, South 32Á 18' 00", East
12.15 feet, and South 35Á 55' 00" West 193.04 feet to lands now or
formerly of Traver; running thence along lands now or formerly of Traver
North 68Á 00' 00" West 188.12 feet to the said easterly side of Albany
Post Road, the point or place of beginning.
EXCEPTING AND RESERVING THEREFROM:
ALL that piece or parcel of property hereinafter designated as Parcel
No. 72, being a portion of Section 6063-02, Parcel 987506, as shown on
the Official Tax Map, situate in the Town of Hyde Park, County of
Dutchess, State of New York as shown on the accompanying map and
described as follows:
PARCEL NO. 72
BEGINNING at a point on the southeasterly boundary of the existing
West Dorsey Lane at the intersection of the said boundary with the
division line between the property of Herbert Redl (reputed owner) on
the west and the property of Michael Firneiss and Margaretha Firneiss
(reputed owner) on the east, said point being 160+ feet distant
easterly, measured at right angles, from station H2654-74+ of the
hereinafter described survey baseline for the reconstruction of the
Poughkeepsie-Hyde Park State Highway No. 453; thence southerly along
said division line 59+ feet to a point 168+ feet distant easterly,
measured at right angles, from station H265+16+ of said baseline; thence
through the property of Herbert Redl (reputed owner) the following two
(2) courses and distances: (1) South 74Á 03'-27" West 68+ feet to a
point 101.00 feet distant easterly, measured at right angles, from
station H265+08.00 of said baseline; and (2) North 30Á 39' 40" West, 32+
feet to a point on the southerly boundary of said existing West Dorsey
Lane, the last mentioned point being 86± feet distant easterly, measured
at right angles, from station H265+37+ of said baseline; thence
northeasterly along the last mentioned boundary of said existing West
Dorsey Lane, 83+ feet to the point of beginning; being 3,327 square feet
or 0.076 acre more or less.
The above mentioned survey baseline is a portion of the 1988 survey
baseline for the reconstruction of the Poughkeepsie-Hyde Park, State
Highway No. 453 as shown on a map and plan on file in the office of the
State Department of Transportation and described as follows:
BEGINNING at a station H258+36.14; thence North 09Á 19'45" West to
station H267+62.73.
ALL bearings referred to TRUE NORTH at the 74' - 20' MERIDIAN OF WEST
LONGITUDE.
SUBJECT to utility company agreements, easements, covenants,
conditions and restrictions of record.
SUBJECT to the following restrictions, to run with the land in
perpetuity and be enforceable at law or in equity by the party of the
first part, its successors and assigns:
(i) the premises may not be used, in whole or in part, for any form of
live entertainment including, but not limited to, bands or DJ's, at any
time; provided however, this restriction shall automatically terminate
five (5) years from the date of this deed; and
(ii) if the premises are used to serve any form of alcoholic beverage,
the premises must be closed for business no later than 11:59 o'clock
p.m. every day; provided, however, this restriction shall automatically
terminate five (5) years from the date of this deed.
The party of the second part waives and releases any claim that said
restrictions are unenforceable for any reason, including the allegation
that such restrictions constitute a restraint upon alienation, are an
unreasonable restriction or restraint on business or economic
development, are a violation of any law, regulation or right, or that
they are not for the benefit of adjoining lands, or are not part of a
common scheme or plan, it being clearly understood and expressly agreed
by the parties that these restrictions are for the benefit of the party
of the first part's other businesses and properties, for the term set
forth above both now and hereafter, and that the lack of such
restrictions will damage and harm the grantor, its successors and
assigns. Without all of these restrictions, the party of the first part
would not sell the premises to the party of the second part. In any
proceeding to enforce said restrictions or prevent the violation
thereof, the party of the first part shall be entitled to judgment for
its costs and reasonable attorney's fees.
The parties execute this deed to acknowledge the preceding
restrictions.
The premises are not in an agricultural district and are entirely
owned by the transferor.
This conveyance was unanimously approved by the board of directors of
the grantor corporation and all of its shareholders. This statement is
made pursuant to Section 909 of the Business Corporation Law.
SCHEDULE B
ALL that plot, piece or parcel of land situate and being in the Town
of Hyde Park, County of Dutchess and State of New York, bounded and
described as follows:
BEGINNING at a point on the westerly boundary of US Route 9, (AKA
Albany Post Road), said point being the southeasterly corner of the
herein described parcel and said point being the northeasterly corner of
the lands now or formerly of St Andrews Chapel; thence along the
division line between the herein described parcel and said lands now or
formerly of St Andrews Chapel; N 75Á47'50" W 14.13 feet, N 88Á00'00" W
19.26 feet, S 89Á03'40" W 71.81 feet, N 85Á27'10" W 26.53 feet, N
78Á46'10" W 19.94 feet, N 67Á29'50" W 16.69 feet, N 59Á35'20" W 19.23
feet, N 38Á17'40" W 23.84 feet, N 24Á05'30" W 19.00 feet, N 09Á55'10" W
37.76 feet, N 14Á28'00" W 46.56 feet, N 27Á34'30" W 37.18 feet, N
41Á31'30" W 33.65 feet, N 49Á50'10" W 23.03 feet, N 53Á39'00" W 32.91
feet, S 14Á48'10" W 3.06 feet, S 44Á29'40" W 7.00 feet, S 44Á31'13" W
59.42 feet, S 49Á07'20" 18.46 feet, S 71Á48'50" W 21.08 feet, N
79Á41'00" W 22.25 feet and 12Á45'40" W 164.91 feet to a point on the
northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds
at page 118; thence along the division line between the herein described
parcel and said lands now or formerly of Hoe, N 77Á14'20" W 144.93 feet,
N 78Á11'10" W 166.93 feet, N 77Á46'10" W 113.88 feet, N 75Á19'10Á W
99.31 feet and N 76Á27'50" W 255.82 feet to a point on the easterly
bounds of the lands now or formerly of New York Central Lines LLC as
described in deed document # 02-1999-5513; thence along the division
line between the herein described parcel and said lands now or formerly
of New York Central Lines LLC, N 07Á10'10" E 386.40 feet, S 81Á18'10" E
12.00 feet, N 08Á41'50" E 600.00 feet, N 12Á59'10" E 200.56 feet and N
08Á41'50" E 151.13 feet to the point of curvature of a non-tangent curve
to the right having a radius of 3010.00 feet; thence northeasterly along
said curve an arc length of 240.05 feet, having a chord bearing N
10Á57'40" E 239.98 feet to a point; thence N 76Á46'30" W 10.00 feet, N
13Á13'30" E 499.68 feet and N 02Á20'30" E 132.97 feet to the point of
curvature of a non-tangent curve to the left having a radius of 4077.00
feet; thence northeasterly along said curve an arc length of 249.92
feet, having a chord bearing N 11Á02'44" E 249.88 feet to a point;
thence N 25Á43'50" E 134.21 feet, N 07Á55'30" E 257.99 feet, N 07Á21'10"
W 285.52 feet, N 02Á27'50" E 482.00 feet, N 47Á10'10" W 26.25 feet, N
02Á27'50" E 466.37 feet and N 87Á32'10" W 20.00 feet to the point of
curvature of a non-tangent curve to the left having a radius of 3165.00
feet; thence northwesterly along said curve an arc length of 293.54
feet, having a chord bearing N 00Á11'31" W 293.43 feet to a point;
thence N 01Á22'30" E 110.01 feet to the point of curvature of a
non-tangent curve to the left having a radius of 3175.00 feet; thence
northwesterly along said curve an arc length of 141.96 feet, having a
chord bearing N 06Á06'27" W 141.95 feet to a point; thence along the
division line between the herein described parcel and the lands now or
formerly of the United States of America as described in deed document
402-2002-4850 and designated as Lot 1 as shown on Filed Map #10481, S
36Á25'00" E 87.53 feet, S 57Á59'40" E 52.51 feet, S 77Á19'10" E 166.22
feet, S 77Á55'50" E 100.43 feet, S 77Á40'40" E 107.11 feet, N 35Á39'40"
E 233.03 feet, N 36Á54'30" E 105.52 feet, N 69Á23'50" E 179.67 feet, N
35Á19'50" E 60.26 feet, N 60Á24'40" E 155.25 feet, N 08Á43'28" E 923.94
feet, S 77Á31'22" E 34.05 feet, N 28Á59'38" E 583.86 feet and S
77Á26'02" E 436.02 feet to a point; thence along the division line
between the herein described parcel and the lands now or formerly of
Gardner and Donna Van Valkenburg as described in deed document
#02-2001-10201 and also along the lands now or formerly of Edwin D. Beck
as described in Liber 1697 of deeds at page 301, S 14Á34'48" W 95.96
feet, N 75Á25'12" W 10.00 feet, S 14Á34'48" W 125.00 feet, S 75Á25'12" E
10.00 feet, S 14Á34'48" W 325.00 feet and S 75Á25'12" E 203.05 feet to a
point on the westerly bounds of U.S. Route 9; thence along the westerly
bounds of U.S. Route 9, S 14Á12'43" W 366.41 feet, N 75Á47'17" W 3.21
feet, S 16Á51'36" W 357.10 feet, S 16Á51'37" W 264.56 feet, S 17Á21'41"
W 200.79 feet, S 06Á47'36" W 236.91 feet, S 03Á54'03" E 113.84 feet, S
11Á33'18" W 168.19 feet, S 11Á33'18" W 144.66 feet, S 24Á42'50" W 210.43
feet, S 14Á35'17" W 42.95 feet, S 15Á01'19" W 27.66 feet, S 11Á16'33" E.
114.76 feet, S 11Á22'40" W 1485.99 feet, S 02Á37'22" W 92.32 feet, S
07Á24'10" W 114.00 feet, S 11Á34'59" W 200.60 feet, S 06Á37'42" W 438.02
feet, S 09Á11'00" W 460.65 feet, S 13Á21'53" W 180.57 feet, S 18Á59'07"
W 45.72 feet, S 21Á30'45" W 19.23 feet, S 10Á46'21" W 148.66 feet, S
16Á10'46" W 157.35 feet, S 09Á41'50" W 135.29 feet, and S 16Á37'07" W
229.64 feet to the point or place of beginning.
CONTAINING 171.33 ACRES OF LAND MORE OR LESS.
EXCEPTING and reserving all that plot, piece or parcel of land situate
and being in the Town of Hyde Park, County of Dutchess and State of New
York, known as St. Andrews Cemetery, bounded and described as follows:
BEGINNING at the southeasterly corner of the herein described parcel,
said point being located N 12Á20'30" E 32.21 feet from the southwesterly
corner of the lands of the Culinary Institute of America as described in
Liber 1666 of deeds at page 607, thence along the division line between
the herein described parcel and said lands of the Culinary Institute of
America, N 77Á39'30" W 331.51 feet, N 12Á20'30" E 373.20 feet, S
77Á39'30" E 331.51 feet and S 12Á20'30" W 373.20 feet to the point or
place of beginning.
CONTAINING 2.84 ACRES OF LAND MORE OR LESS.
* NB There are 3 sbpar (xiv)'s
* (xiv) ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being at
Bay Shore, in the town of Islip, county of Suffolk and state of New
York, bounded and described as follows:
BEGINNING at a point on the northerly side of Spur Drive North distant
143.78 feet westerly from the corner formed by the intersection of the
northerly side of Spur Drive North and the westerly side of Fifth
Avenue;
RUNNUNG THENCE South 86 degrees 45 minutes 15 seconds West along the
northerly side of Spur Drive North 175.00 feet;
THENCE North 43 degrees 41 minutes 20 seconds West 32.44 feet to the
easterly side of 5th Industrial Court;
THENCE North 5 degrees 52 minutes 00 seconds East along the easterly
side of 5th Industrial Court 175.00 feet;
THENCE North 86 degrees 45 minutes 15 seconds East 200.00 feet;
THENCE South 5 degrees 52 minutes 00 seconds West 200 feet to the
northerly side of Spur Dive North and the point or place of BEGINNING.
Being and intended to be the same premises as conveyed to the Grantor
herein by deed January 7, 2000 and recorded January 24, 2000 in Liber
12015, page 422. Notwithstanding section one hundred seven-a of this
article, the retail licensee and brand owner located at the premises
described in subparagraph (xviii) of paragraph (a) of subdivision
thirteen of section one hundred six of this article and further
identified as Parcel A in such subparagraph may designate the
manufacturer licensee located at the premises described in this
subparagraph as owner of such brands for purposes of brand label
registration and price scheduling under this chapter.
* NB There are 3 sbpar (xiv)'s
(xv) any such premises located on that certain tract or parcel of
land, situate in the City of Rochester, County of Monroe and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly right-of-way line of East
Avenue; said point being easterly 125.43 feet from the easterly
right-of-way line of Alexander Street, as measured along said northerly
right-of-way line of East Avenue; thence,
1. N 07Á 17' 46" E, a distance of 218.26 feet to a point; thence,
2. N 39Á 14' 18" W, a distance of 27.51 feet to a point; thence,
3. N 20Á 00' 35" E, a distance of 121.48 feet to a point; thence,
4. N 39Á 47' 19" W, a distance of 32.64 feet to a point; thence,
5. .S 74Á 12' 52" W, a distance of 30.93 feet to the point of
intersection with the aforementioned easterly right-of-way line of
Alexander Street; thence the following three (3) courses along said
easterly right-of-way line.
6. N 20Á 04' 36" E, a distance of 210.80 feet to an angle point;
thence;
7. N 20Á 23' 26" E, a distance of 48.84 feet to a point of
intersection with the common line dividing lands at 390 East Avenue on
the south and lands of 350 Alexander Street on the north; thence,
8. N 20Á 23' 26" E, continuing along the easterly right-of-way line, a
distance of 141.65 feet to a point; thence,
9. S 68Á 41' 56" E, a distance of 81.10 feet to a point; thence,
10. S 21Á 46' 08" W, a distance of 142.27 feet to a point; thence,
11. S 68Á 13' 59" E, a distance of 92.32 feet to a point; thence,
12. S 20Á 04' 36" W, a distance of 600.00 feet to a point of
intersection with the aforementioned northerly right-of-way line of East
Avenue; thence,
13. N 71Á 32' 04" W, along said northerly right-of-way line, a
distance of 44.84 feet to the Point of Beginning,
TOGETHER WITH THE BENEFITS and subject of the burdens of a certain
Easement Agreement for Ingress, Egress & Parking by and between City
East LLC and 384 East Avenue Inn of Rochester, LLC dated February 22,
2017 and recorded February 23, 2017 in Liber 11824 of Deeds, page 507,
as amended by a certain Amended and Restated Easement Agreement for
Ingress, Egress & Parking by and between City East LLC and 384 East
Avenue Inn of Rochester, LLC dated October 10, 2019 and recorded October
15, 2019 in Liber 12254 of Deeds page 451.
(xvi) any such premises located on that certain piece or 2.68 acre
parcel of land situate in the Village of Lake Placid, Town of North
Elba, County of Essex, State of New York being part of Lot 279, Township
11, Old Military Tract, Richards' Survey lying northeast of Searle Lane,
so-called, fka Park Place, Rider Street, New Street, and Shadyside, a
partially opened street maintained by the Village of Lake Placid and
Mirror Lake Drive, so-called fka Lake Placid Club Drive, Shore Drive,
and Mirror Street, a village maintained street, and said parcel being
more particularly described as follows:
Beginning at a point in the center of Searle Lane at the most southerly
corner of the premises; Thence, North 36Á 50' 00" West, 498.55 feet
along the center of Searle Lane to a point in the bounds of Mirror Lake
Drive, and being the most westerly corner of the premises; Thence, North
37Á 10' 00" East, 255.37 feet along the bounds of Mirror Lake Drive to a
point at the most northerly corner of the premises; Thence, South 52Á
50' 00" East, 95.66 feet along a line parallel to and thirty-six feet
(36') distant from the north wall of the "dorm", so-called, to a point;
Thence, South 23Á 43' 00" East, 80.00 feet along a line parallel to and
thirty feet (30') distant from the east wall of the "dorm" to a point;
Thence, South 00Á 24' 00" East, 293.48 feet along the east line of the
premises to an angle point; Thence, South 36Á 50' 00" East, 150.00 feet
along the east line of the premises to an angle point and being the most
easterly corner; Thence, South 53Á 10' 00" West, 135.00 feet along the
southeast line of the premises to the Point-of-Beginning and
encompassing therein 2.68 acres more or less. All bearings are oriented
to NYS Grid North, East Zone. Together with all right, title and
interest in and to the land to the center of Mirror Lake Drive as it
abuts the premises herein above described. Granting and Reserving all
structures, wires, lines, easements of record, if any, for public
utilities and highway purposes as the same now exist upon or affect the
premises hereinabove described. Being part of the premises conveyed by
Lake Placid Land Corporation to Placid Gold, LLC by deed dated the 24th
day of May 1996 and recorded in the Essex County Clerk's Office in Deed
Book 1113 at Page 302. The lands conveyed are subject to the Terms and
Conditions of Adirondack Park Agency Permit Nos. 96-316, 96-316A,
96-316A, 97-38, 97-38A, 98-307, 98-307A which are binding upon the
heirs, successors and assigns of the grantors and all subsequent
grantees. Said parcel being the Dormitory lot and Lot Nos. 1, 2, 3 and 4
of the Executive Lodge Subdivision, Section 1, Lake Placid Resort, filed
in the Essex County Clerk's Office as Map No. 3057 the 6th day of May
1981 and depicted on the 2010 Village of Lake Placid Tax Map No. 042.0HL
in Block 7 as Parcel 29,000.
(xvii) any parcel of land, situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:
Beginning at a point on the southerly side of 72nd Street distant 179
feet easterly from the southerly corner of Amsterdam Avenue and 72nd
Street; Running thence southerly and parallel with the easterly side of
Amsterdam Avenue 102 feet 2 inches to the center line of the block;
Thence easterly and parallel with the southerly side of 72nd Street 21
feet; Thence northerly and parallel with the easterly side of Amsterdam
Avenue and part of the distance through a party wall 102 feet 2 inches
to the southerly side of 72nd Street; Thence westerly along the
southerly side of 72nd Street 21 feet to the point or place of
Beginning.
* (xviii) All that certain lot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being on
the northerly side of Seneca Street in the city of Geneva, county of
Ontario and state of New York, more particularly bounded and described
as follows:
PARCEL 1
BEGINNING at a point in the northerly line of said Seneca street and
distant one hundred eighteen and five-tenths (118.5) feet westerly,
measured along said northerly line of Seneca Street, from the westerly
line of Linden Street, as at present monumented by the city of Geneva;
thence running (1) northerly at an angle in the northwest quadrant of
ninety (90) degrees, sixteen (16) minutes with the northerly line of
Seneca Street a distance of one hundred ninety-two and five-tenths
(192.5) feet, more or less, to a point in the old line fence, which
point is the northeasterly corner of the premises; thence running (2)
westerly along said old line fence at an angle in the northwest quadrant
of eighty-five (85) degrees, fifty-two (52) minutes with the line fence
herein described a distance of seventy-eight and two-tenths (78.2) feet
to a point; thence running (3) northerly at an angle in the northeast
quadrant of ninety-four (94) degrees, four (4) minutes with the last
described course and along a jog in said fence a distance of three and
five-tenths (3.5) feet, more or less, to a point; thence running (4)
westerly and continuing along said old fence line a distance of eleven
and five-tenths (11.5) feet, more or less, to a point, which point is
the northwest corner of the premises, and running thence (5) in a
southerly direction a distance of two hundred two (202) feet, more or
less, to the northerly line of said Seneca Street, as now monumented,
which point is the southwest corner of the premises, and running thence
(6) along the northerly line of said Seneca Street a distance of
eighty-nine and seven-tenths (89.7) feet to the point or place of
beginning.
PARCEL 2
All that certain lot, piece or parcel of land situate in the city of
Geneva, County of Ontario and state of New York, more particularly
bounded and described as follows:
Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,
said point being one foot south of the south wall of the present barn
now on said land, and running thence southerly about twenty-nine (29)
feet, more or less, to the north line of the lands of the S-G Theatre
Corporation; thence westerly along the north line of the land of the S-G
Corporation thirty-three (33) feet to a point; thence northerly and
parallel with the first course hereof and along the westerly line of the
lands of Agnes Dempsey Doxsee to a point; which point if measured in a
straight line east and west would be one (1) foot south of the south
line of the present barn; thence easterly thirty-three (33) feet to the
place of beginning.
Being the same premises shown on a map of a survey prepared by William
J. Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C) filed in
the Ontario County Clerk's office.
* NB There are 3 sbpar (xviii)'s
* (xviii) ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being in
the Town of East Hampton, County of Suffolk and State of New York, known
and designated as Lots 81 through 86, inclusive in Block 2, as shown on
that certain map entitled, "Map of Montauk Manor, Section 1", which Map
was filed in the Office of the Clerk of the County of Suffolk on
September 1, 1911 as Map #518, said lots when taken together, are more
particularly bounded and described as follows:
BEGINNING at a point of intersection of the easterly side of Washington
Street and the division line between lands now or formerly of B & B
Precision Realty, Inc., and the premises herein described;
RUNNING THENCE from said point of beginning along the last mentioned
division line South 58 degrees 15 minutes 48 seconds East 100 feet to a
point on the division line between lands now or formerly of B & B
Precision Realty, Inc., lands now or formerly of Grace Friedman and the
premises herein described;
RUNNING THENCE along the last mentioned division line South 32 degrees
39 minutes 17 seconds West 120.02 feet to a point on the division line
between lands now or formerly of Hattie Jones and the premises herein
described;
THENCE RUNNING along the last mentioned division line North 58 degrees
15 minutes 48 seconds West 100 feet to a point on the easterly side of
Washington Avenue;
THENCE RUNNING along same North 32 degrees 39 minutes 17 seconds East
120.02 feet to the point or place of BEGINNING. Notwithstanding section
one hundred seven-a of this article, the retail licensee and brand owner
located at the premises described in subparagraph (xviii) of paragraph
(a) of subdivision thirteen of section one hundred six of this article
may designate the importer licensee located at the premises described in
this subparagraph as owner of such brands for purposes of brand label
registration and price scheduling under this chapter.
* NB There are 3 sbpar (xviii)'s
* (xviii) ALL that certain plot, piece or parcel of land, situate,
lying and being in the Borough of Manhattan, City, County and State of
New York, bounded and described as follows:
Parcel A
BEGINNING at the intersection of the southerly line of South Street,
135 feet wide, and the westerly line of Block 2 Lot 3;
THENCE RUNNING the following seven (7) courses and distances:
(1) Along said westerly line of Block 2 Lot 3, South 16 degrees 50
minutes 39 seconds East a distance of 145.30 feet to a point;
(2) THENCE still along said westerly line of Block 2 Lot 3, North 73
degrees 09 minutes 21 seconds East a distance of 28.67 feet to a point;
(3) THENCE still along said westerly line of Block 2 Lot 3, South 16
degrees 50 minutes 39 seconds East a distance of 419.26 feet to a point
on the U.S. Pierhead Line approved by Secretary of War, February 25,
1918;
(4) THENCE along said U.S. Pierhead Line, South 73 degrees 09 minutes
21 seconds West a distance of 317.76 feet to a point;
(5) THENCE still along said U.S. Pierhead Line, South 87 degrees 11
minutes 44 seconds West a distance of 36.57 feet to a point on the
easterly line of Block 2 Lot 1;
(6) THENCE along the northerly line of Block 2 Lot 1, North 15 degrees
30 minutes 29 seconds West a distance of 555.84 feet to a point on said
southerly line of South Street; and
(7) THENCE along said southerly line of South Street, North 73 degrees
09 minutes 21 seconds East a distance of 311.61 feet to the point of
BEGINNING.
EXCEPTING THEREFROM the slips, and those certain portions of the
ground floor as delineated on the diagrams annexed to the Sublease (i)
with the cross-hatching on the schematic drawing of the ground floor
depicted on page 1 of Annex 1 and (ii) with black shading or
cross-hatching on the schematic drawing of Annex 2.
Parcel B
All that certain Lot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County of New York, State of New York:
Borough of Manhattan, City, County and State of New York, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the westerly
side of Broadway and the southerly side of Morris Street;
THENCE southerly along the westerly side of Broadway, 203 feet 1-3/4
inches Survey (203 feet 2-1/4 inches Deed more or less), to the
northerly side of lands formerly belonging to Eve White;
THENCE westerly along the northerly side of said lands formerly
belonging to Eve White 201 feet 2 inches Survey (200 feet 8 inches Deed
more or less), to the easterly side of Greenwich Street;
THENCE northerly along the easterly side of Greenwich Street 231 feet
1-3/4 inch Survey (231 feet 1-3/4 inches Deed) to the southeasterly
corner of Greenwich and Morris Streets; and
THENCE easterly along the southerly side of Morris Street, 248 feet 2
inches Survey (248 feet 3 inches Deed) to the point or place of
BEGINNING.
Parcel C
All that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of William Street and the southerly side of Wall Street;
RUNNING THENCE easterly along the southerly side of Wall Street 198.11
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the southerly side of Wall Street;
THENCE southerly along the westerly side of Hanover Street 52.33 feet
to an angel point therein;
THENCE southerly still along the westerly side of Hanover Street 88.34
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place 206.41 feet
to the corner formed by the intersection of the northerly side of
Exchange Place and the easterly side of William Street;
THENCE northerly along the easterly side of William Street 76.79 feet
to an angle point therein;
THENCE northerly still along the easterly side of William Street 95.00
feet to the point or place of BEGINNING.
THE ABOVE LAND HAVING ALSO BEEN DESCRIBED PURSUANT TO A SURVEY
PREPARED BY EARL B. LOVELL- S.P. BELCHER ORIGINALLY DATED NOVEMBER 5,
1952 AS FOLLOWS:
All that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of William Street and the southerly side of Wall Street;
RUNNING THENCE easterly along the southerly side of Wall Street 197.94
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the southerly side of Wall Street;
THENCE southerly along the westerly side of Hanover Street 140.78 feet
to the corner formed by the intersection of the westerly side of Hanover
Street and the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place 204.92 feet
to the corner formed by the intersection of the northerly side of
Exchange Place and the easterly side of William Street;
THENCE northerly along the easterly side of William Street 171.76 feet
to the point or place of BEGINNING.
Parcel D
All THOSE PARCELS of land situate in the Borough of Manhattan, City,
County and State of New York, below a horizontal plane drawn at an
elevation of 500 feet above the NAVD 88 datum level, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the northerly
side of East 42nd Street and the easterly side of former Depew Place
(now closed and discontinued);
THENCE RUNNING northerly along the said easterly side of former Depew
Place, 340 feet 4 inches;
THENCE RUNNING westerly and parallel with the northerly side of East
42nd Street, 394 feet 4 inches to a point on the easterly side of
Vanderbilt Avenue, which point is distant 340 feet 4 inches northerly
from the corner formed by the intersection of the northerly side of East
42nd Street and the easterly side of Vanderbilt Avenue;
THENCE RUNNING southerly along the easterly side of Vanderbilt Avenue,
340 feet 4 inches to its intersection with the northerly side of East
42nd Street:
THENCE RUNNING easterly along the northerly side of East 42nd Street,
394 feet 4 inches to the corner, the point or place of BEGINNING.
Parcel E
ALL that plot of land (the "Land"), together with the improvements
thereon, in the Borough of Manhattan, County of New York, City of New
York and State of New York, said Land being bounded and described as
follows:
BEGINNING at a point on the southerly side of 42nd Street distant one
hundred twenty-five (125) feet westerly from the corner formed by the
intersection of the southerly side of 42nd Street with the westerly side
of Lexington Avenue; and running
THENCE Southerly and parallel with Lexington Avenue ninety-eight (98)
feet nine (9) inches;
THENCE Westerly and parallel with 42nd Street fifty (50) feet to a
point in the easterly line of premises conveyed by Pershing Square
Building Corporation to The Bowery Savings Bank by deed dated January 4,
1921 and recorded in the Office of the Register of the County of New
York on January 5, 1921 in Liber 3190 of Conveyances at Page 440;
THENCE Southerly along the easterly side of said premises on a line at
right angles to the southerly side of 42nd Street ninety-eight (98) feet
nine (9) inches to the northerly side of 41st Street;
THENCE westerly along the northerly side of 41st Street one hundred
four (104) feet six (6) inches more or less to a point from which a line
drawn northerly to the southerly side of 42nd Street and parallel with
Park Avenue and at right angles with the northerly side of 41st Street
would run through the center of the seventh row (reading easterly from
Park Avenue) of column locations as shown by circular indications
thereof upon map entitled: "State of New York, Transit Construction
Commissioner, Engineering Department, Route Number 43, Section Number 1,
Borough of Manhattan, Map or Plan showing property for resale east side
of Park Avenue between East 41st Street and East 42nd Street, signed by
D. L. Turner, Chief Engineer, dated February 4, 1920 (as revised May 25,
1920) and designated as drawing number 175, file number 3801", which map
is annexed to the deed above mentioned;
THENCE Northerly along said line one hundred ninety-seven (197) feet
six (6) inches to the southerly side of 42nd Street; and
THENCE Easterly along the southerly side of 42nd Street one hundred
fifty-four (154) feet six (6) inches more or less to the point or place
of BEGINNING.
Parcel F
ALL THAT CERTAIN plot, piece, or parcel of land, situate, lying and
being in the Borough of Manhattan, New York County, City and State of
New York, bounded and described as follows:
BEGINNING at the comer formed by the intersection of the southerly
line of West 61st Street with the easterly line of Riverside Boulevard,
as shown on the City Map;
RUNNING THENCE easterly, along to the southerly line of West 61st
Street, 423 feet 6 inches to a point;
THENCE southerly, at right angles to the previous course, 74 feet
3-1/8 inches;
THENCE southwesterly, along a line forming an included angle of 169
degrees 40 minutes 47 seconds, 138 feet 7-3/4 inches;
THENCE westerly, along a line forming an included angle of 100 degrees
19 minutes 13 seconds, 445 feet I 0-5/8 inches to a point on the
easterly side of Riverside Boulevard;
THENCE northerly, along the easterly line of Riverside Boulevard which
forms an included angle of 80 degrees 23 minutes 47 seconds, 13 feet
0-1/4 of an inch to a point of curvature;
THENCE northerly, along the easterly line of Riverside Boulevard on
the arc of a circle curving to the right, having a radius of 1,548 feet
0 inches and an included angle of 4 degrees 41 minutes 14 seconds, 126
feet 7-5/8 inches to a point of tangency;
THENCE northerly, along the easterly line of Riverside Boulevard, 76
feet 4 inches to the point of place of BEGINNING.
Parcel G
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly
side of West 50th Street and the easterly side of 12th Avenue;
RUNNING THENCE northerly along the easterly side of 12th Avenue a
distance of 100 feet 5 inches to a point on center line of the block
between West 50th Street and West 51st Street;
THENCE easterly along the center line of the block between West 50th
Street and West 51st Street parallel with the northerly side of West
50th Street a distance of 100 feet to a point;
THENCE southerly and parallel with the easterly side of 12th Avenue a
distance of 100 feet 5 inches to a point on the northerly side of West
50th Street;
THENCE westerly along the northerly side of West 50th Street a
distance of 100 feet to the corner formed by the intersection of the
northerly side of West 50th Street and the easterly side of 12th Avenue,
the point or place of beginning.
For Information Only: Premises being known as 678-682 12th Avenue
a/k/a 637-641 West 50th Street New York, N.Y. and designated as Block
1098 Lot 11 as shown on Tax Map of the City of New York, County of New
York.
Parcel H
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly
side of East 61st Street with the westerly side of Madison Avenue;
RUNNING THENCE westerly along the southerly side of East 61st Street,
150 feet;
THENCE southerly and parallel with the westerly side of Madison
Avenue, 100 feet 5 inches to the center line of the block between East
61st and 60th Streets;
THENCE westerly along said center line of the block and parallel with
southerly side of East 61st Street, 45 feet;
THENCE southerly and parallel with the westerly side of Madison Avenue
and part of the distance through a party wall, 100 feet 5 inches to the
northerly side of East 60th Street;
THENCE easterly along the said northerly side of East 60th Street, 100
feet;
THENCE northerly and parallel with the westerly side of Madison Avenue
and part of the distance through another party wall, 73 feet 5 inches;
THENCE easterly and parallel with East 60th Street, 95 feet to the
westerly side of Madison Avenue;
THENCE northerly along the westerly side of Madison Avenue, 127 feet 5
inches to the point or place of BEGINNING.
Parcel I
ALL that certain plot, piece or parcel of land, with the building and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Fifth Avenue and the northerly side of 59th Street;
RUNNING THENCE northerly along the easterly side of Fifth Avenue 100
feet; THENCE easterly parallel with 59th Street 100 feet;
THENCE northerly parallel with Fifth Avenue 5 inches; THENCE easterly
parallel with 59th Street 25 feet;
THENCE southerly parallel with Fifth Avenue 100 feet 5 inches to the
northerly side of 59th Street; and
THENCE westerly along the northerly side of 59th Street 125 feet to
the point or place of BEGINNING.
TOGETHER WITH the benefits of the easement for light and air recorded
in Liber 5137 at Page 142.
Parcel J
ALL the following three parcels of land, together with the
improvements thereon:
PARCEL J-1
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point being the northwest corner of Broome and Laurens
Street, as the said Laurens Street is now established by law as widened,
being a point, distant 25 feet westwardly from the northwest corner of
Broome and Laurens Street and measured from the old line thereof;
RUNNING THENCE westwardly along the northerly side of Broome Street,
18 feet 6 inches; THENCE northwardly, parallel with Laurens Street, 80
feet;
THENCE eastwardly, parallel with Broome Street, 18 feet 6 inches to
the westerly line of Laurens Street, as the same is now established by
law since the widening thereof;
THENCE southwardly along the said westerly line of Laurens Street, 80
feet to the point or place of
BEGINNING.
THE said Laurens Street being now known as West Broadway.
PARCEL J-2
ALL that certain plot, piece or parcel of land, with the building and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point on the westerly side of West Broadway, formerly
South Fifth Avenue, 80 feet northerly from the corner formed by the
intersection of the westerly side of West Broadway, formerly South Fifth
Avenue, and the northerly side of Broome Street;
RUNNING THENCE northerly along the westerly side of West Broadway, 20
feet;
THENCE westerly 67 feet 8 1/2 inches along the southerly side of Lot#
333 on map made by Commissioners in Partition of the Estate of Anthony
Lispenard, deceased, to the rear of Lot #334 on said map;
THENCE southerly along the rear of said Lot #334, 20 feet;
THENCE easterly, 67 feet 7 3/4 inches to the point or place of
BEGINNING.
PARCEL J-3
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point on the northerly side of Broome Street, distant
18 feet 6 inches westerly from the corner formed by the intersection of
the northerly side of Broome Street and the westerly side of West
Broadway, formerly South Fifth Avenue;
RUNNING THENCE northerly parallel or nearly so with West Broadway,
formerly South Fifth Avenue, 80 feet to land now or late of Randolph
Brant;
THENCE westerly along the same land and parallel or nearly so with
Broome Street, 21 feet 9 inches;
THENCE southerly parallel or nearly so with West Broadway and part of
the distance through a party wall, 80 feet to the northerly side of
Broome Street;
THENCE easterly along the said northerly side of Broome Street, 21
feet 9 inches to the point or place of BEGINNING.
Provided, however that, with respect to such manufacturer's or
wholesaler's interest in a retail licensee located at premises described
in this subparagraph the provisions of this paragraph shall not apply to
any premises licensed under section sixty-four of this chapter in which
manufacturer or wholesaler holds a direct or indirect interest, provided
that: (A) such manufacturer or wholesaler may not sell alcoholic
beverages directly to such retail licensee; and (B) no more than fifteen
percent of the annual dollar value of alcoholic beverages purchased by
such retail licensee for sale on the premises may be produced by any
such manufacturer; provided however, alcohol sales related to events
catered by the retail licensee shall not be attributed to the fifteen
percent annual sales value determination.
* NB There are 3 sbpar (xviii)'s
(b) Make, or cause to be made, any loan to any person engaged in the
manufacture or sale of any alcoholic beverage at wholesale or retail.
(c) Make any gift or render any service of any kind whatsoever,
directly or indirectly, to any person licensed under this chapter which
in the judgment of the liquor authority may tend to influence such
licensee to purchase the product of such manufacturer or wholesaler. The
provisions of this paragraph shall not be construed to prevent a
manufacturer or wholesaler from entertaining a licensee at lunch or
dinner, or to prevent a manufacturer or wholesaler from participating in
or supporting bona fide retailer association activities such as, but not
limited to, associate memberships, dinners, conventions, trade shows,
product tastings and product education where such participation is in
reasonable amounts and does not reach proportions that indicate attempts
to influence the purchase of products of contributing manufacturers and
wholesalers by the members of such retailer associations.
(d) Enter into any contract with any retail licensee whereby such
licensee agrees to confine his sales to alcoholic beverages manufactured
or sold by one or more such manufacturers or wholesalers. Any such
contract shall be void and subject the licenses of all parties concerned
to revocation.
(e) The prohibitions and restrictions contained in paragraphs b, c and
d above shall not apply to any contractual arrangements between a
licensed manufacturer or wholesaler and a licensed retailer where such
manufacturer or wholesaler has made a substantial investment, directly
or through such retailer, in the construction, capitalization or
furnishing of any exhibit, facility or installation in the area leased
by the city of New York to New York World's Fair 1964-1965 Corporation,
pursuant to chapter four hundred twenty-eight of the laws of nineteen
hundred sixty, as amended, and such retailer is conducting his business
as a part of such exhibit or installation or is responsible to such
corporation for the construction, operation or maintenance of such
exhibit, facility or installation. This modification to the prohibitions
and restrictions contained in this paragraph shall continue until
November first, nineteen hundred sixty-five.
(f) The prohibitions and restrictions contained in paragraphs (b), (c)
and (d) of this subdivision shall not apply to any contractual or other
financial arrangements undertaken by the Culinary Institute of America
for the education purposes of such institute, including student
scholarships, academic building sponsorships, and Culinary Institute of
America event sponsorships that further the academic mission of the
Culinary Institute of America, where such contractual or other financial
arrangements are between a licensed manufacturer, wholesaler, or
retailer for on-premises consumption, and the Culinary Institute of
America, operating within the metes and bounds established by
subparagraph (xiv) of paragraph (a) of this subdivision.
1-a. The provisions of paragraph (a) of subdivision one of this
section shall not apply to any licensed manufacturer or wholesaler
located on the 35th floor of premises in the borough of Manhattan, city,
county and state of New York, bounded and described as follows:
beginning at the corner formed by the intersection of the easterly side
of Washington Street and the southerly side of Barclay Street; running
thence easterly along the southerly side of Barclay Street, the
following three (3) courses and distances: (1) South 88 degrees 37
minutes 20 seconds East 161.04 feet; (2) South 88 degrees 39 minutes 01
seconds East 67.81 feet; and (3) South 88 degrees 36 minutes 50 seconds
East 112.04 feet to the corner formed by the intersection of the
southerly side of Barclay Street and the westerly side of West Broadway;
thence southerly along the westerly side of West Broadway, the following
three (3) courses and distances: (1) South 13 degrees 29 minutes 10
seconds West 33.54 feet; (2) South 88 degrees 37 minutes 31 seconds East
7.16 feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20
feet to the corner formed by the intersection of the westerly side of
West Broadway and the northerly side of Vesey Street; thence westerly
along the northerly side of Vesey Street, North 88 degrees 37 minutes 31
seconds West 233.48 feet to the corner formed by the intersection of the
northerly side of Vesey Street and the easterly side of Washington
Street; and thence northerly along the easterly side of Washington
Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet to the
point or place of beginning. Provided, however that, with respect to
such manufacturer's or wholesaler's interest in a retail licensee
located at premises described in paragraph (a-1) of subdivision thirteen
of section one hundred six of this article: (i) such interest must have
been acquired prior to the effective date of the chapter of the laws of
two thousand nineteen which added this subdivision; (ii) such
manufacturer or wholesaler may not sell alcoholic beverages directly to
such retail licensee; and (iii) no more than fifteen percent of the
annual dollar value of alcoholic beverages purchased by such retail
licensee for sale on the premises may be produced by any such
manufacturer.
2. Any lien, mortgage, or other interest or estate however, now held
by a manufacturer or wholesaler on the real property of any licensee,
which lien, mortgage, interest or estate was acquired on or before
December thirty-first, nineteen hundred and thirty-two, shall not be
included within the provisions of this section but the burden of
establishing the time of the accrual of the interest comprehended by
this subdivision shall be upon the person who claims to be entitled to
the protection and exemption afforded hereby.
3. Any interest or estate mentioned in this section held by a
manufacturer or wholesaler in an office building located in a city
having a population of five hundred thousand or more and in which is
located the licensed premises of such manufacturer or wholesaler shall
not prohibit (1) the issuance of licenses pursuant to section sixty-four
of this chapter for restaurant premises located in such building or (2)
said manufacturer or wholesaler from being interested directly or
indirectly in such restaurant premises, provided the building is not
less than five stories in height, both the building and the interior of
the restaurant premise have been granted landmark status in accordance
with applicable state or local law and space within the building is also
occupied by persons other than the manufacturer or wholesaler, and that
the rental for the retail premises applied for shall be comparable to
that for similar space in such building and similar buildings in the
immediate neighborhood; and provided further that the provisions of this
paragraph shall apply solely with respect to restaurant premises in a
building located on a parcel of land wholly within the boundaries of the
borough of Manhattan, city and county of New York, and bounded and
described as follows: beginning at a corner formed by the intersection
of the northerly side of East Fifty-second Street and the easterly side
of Park Avenue; running northerly along the easterly side of Park
Avenue, two hundred feet ten inches; thence easterly along the southerly
side of East Fifty-third Street; three hundred two feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the center line of the block; thence westerly along
the center line of the block at right angles, seven feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the northerly side of East Fifty-second Street; and
thence westerly along the northerly side of East Fifty-second Street two
hundred ninety-five feet to the corner of the point or place of
beginning. The exemption herein provided shall apply to only one
building and shall not be extended to any other building in which such
manufacturer or wholesaler shall have any interest or estate.
4. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the New York State Wine and Culinary Center, Inc.
("center") situated at the premises known as: all that certain plot,
piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the City of Canandaigua, County of
Ontario and State of New York and being more particularly described as
follows: Being at an iron stake located on the northerly line of Village
Lot No. 9 where the same intersects the westerly line of South Main
Street; thence south 19 degrees 30' east along the westerly street line
of South Main Street a distance of 60 feet to an iron stake which is the
point and place of beginning; thence (1) south 69 degrees 54' west a
distance of 284.26 feet to an iron stake; thence (2) south 19 degrees
30' east a distance of 248 feet to an iron stake; thence (3) south 17
degrees 21' 10" west a distance of 120.05 feet to an iron stake; thence
(4) south 81 degrees 52' 20" east a distance of 236.63 feet to an iron
stake; thence (5) north 8 degrees 10' east a distance of 30 feet to an
iron stake; thence (6) south 81 degrees 50' east a distance of 100 feet
to an iron stake; thence (7) north 8 degrees 10' east a distance of
94.97 feet to an iron stake located on the westerly street line of South
Main Street; thence (8) north 19 degrees 30' west along the westerly
street line of South Main Street a distance of 392.52 feet to an iron
stake which is the point and place of beginning.
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this law, or being affiliated with a
licensee under this law as a shareholder, partner, officer, director, or
employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this law, or being affiliated with a licensee
under this law as a shareholder, partner, officer, director, or
employee. Such persons shall be entitled, regardless of their licensing
status under this law, to obtain all the benefits generally approved by
the board of directors of the center and offered to donors of similar
amounts.
(e) Notwithstanding any other provision of law to the contrary, the
center is expressly authorized to:
(i) sell New York state produced wines, beers, ciders and distilled
spirits for both on and off premise consumption;
(ii) offer tastings on the premises of such products and charge the
general public such amounts as it deems fit for such tastings. For
purposes of this section, tastings may be conducted in a common tasting
area on the premises;
(iii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time,
and to sell and serve at such events wines, ciders, malt beverages and
distilled spirits selected by persons hiring the facilities; and
(iv) hold through a wholly owned subsidiary a branch office permit at
the Finger Lakes Welcome Center situated at the premises known as:
All that tract or parcel of land situate in the City of Geneva, County
of Ontario, State of New York, all as shown on a map entitled "Existing
Building Exhibit Finger Lakes Welcome Center" prepared by Costich
Engineering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and
being more particularly bounded and described as follows:
Beginning at the existing northwest corner of the One Story Frame
Finger Lakes Welcome Center having grid coordinates of N1046012.35 E
714603.03 referenced to the New York State Plane Coordinate System of
1983 Central Zone; thence Easterly, and along the existing building face
a distance of 52.3 feet to a point; thence Northerly, and along the
existing building face a distance of 5.3 feet to a point; thence
Easterly, and along the existing building face a distance of 40.3 feet
to a point; thence Southerly, and along the existing building face a
distance of 26.5 feet to a point; thence Easterly, and along the
existing building face a distance of 5.4 feet to a point; thence
Southerly, and along the existing building face a distance of 15.0 feet
to a point; thence Easterly, and along the existing building face a
distance of 8.5 feet to a point; thence Southerly, and along the
existing building face a distance of 31.3 feet to a point; thence
Westerly, and along the existing building face a distance of 28.1 feet
to a point; thence Northerly, and along the existing building face a
distance of 4.4 feet to a point; thence Westerly, and along the existing
building face a distance of 26.1 feet to a point; thence Southerly, and
along the existing building face a distance of 42.2 feet and continuing
southerly on the building extension line a distance of 28 feet
comprising a total distance of 70.2 feet to a point on the southerly
limit of the existing patio area; thence Westerly, and along the
southerly limits of the existing patio area a distance of 95 feet to a
point; thence Northerly, and along the westerly limits of the existing
patio area a distance of 11 feet to a point of curvature; thence
Northerly, along a curve to the left and along the westerly limits of
the existing patio area a distance of 19 feet to a point; thence
Northerly, and along the westerly limits of the existing patio area a
distance of 18 feet to a point; thence Easterly, and along the northerly
limits of the existing patio area a distance of 27 feet to a point on
the existing building face; thence Northerly, and along the existing
building face a distance of 45.7 feet to a point; thence Easterly, and
along the existing building face a distance of 28.1 feet to a point;
thence Northerly, and along the existing building face a distance of
44.9 feet to the point and place of beginning.
5. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the Finger Lakes Wine Center, Inc. ("center")
situated at the premises known as:
All that tract or parcel of land situate in the City of Ithaca, County
of Tompkins and State of New York, bounded and described as follows:
PARCEL A:
BEGINNING at a point at the intersection of the easterly street line
of South Cayuga Street with the northerly street line of East Clinton
Street;
thence North 02 degrees 05 minutes 21 seconds West along the easterly
street line of South Cayuga Street a distance of 273.47 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 77.84
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of
108.17 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 46.83
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of
107.31 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of 24.70
feet to a point;
thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of 33.50
feet to a point in the northerly street line of East Clinton Street;
thence South 87 degrees 35 minutes 39 seconds West a distance of
126.65 feet to the point of beginning, containing 0.680 acres of land.
SUBJECT to the following:
Restrictive covenants running with the land, contained in a Deed from
the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,
1976 and recorded in said Clerk's Office on July 13, 1977 in Liber 558
of Deeds at page 672.
Restrictive covenants running with the land, contained in a Deed from
the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,
1977 and recorded in said Clerk's Office on July 13, 1977 in Liber 558
of Deeds at page 684.
A right of way reserved to the Grantor to enter upon lands contained
within the boundary lines of Six Mile Creek to make excavations, remove
gravel and other material from the creek bed, erect walls and
embankments, etc., as granted by instrument of Salem Twist, et. al.
dated August 8, 1906 and recorded in the Tompkins County Clerk's Office
on January 31, 1907 in Liber 166 of Deeds at page 163.
Right of way for ingress and egress conveyed by instrument by and
between the Ithaca Urban Renewal Agency and D.M. Abbot Investors
Corporation dated May 17, 1967 and recorded in said Clerk's Office in
Liber 469 of Deeds at page 25.
The provisions of Exhibit A to the Air Rights Lease related to CDP's
access to the Premises for repairs and maintenance.
TOGETHER WITH:
1. A right of way for ingress and egress conveyed by instrument by and
between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal Agency
dated November 24, 1967 and recorded in said Clerk's Office on January
21, 1969 in Liber 479 of Deeds at page 640; and
2. An easement in common with others over the premises shown as
"Parcel B" on the below-referenced survey map for ingress from and
egress to South Cayuga Street.
The above described premises are SHOWN AS "Parcel A" on a survey map
entitled "Boundary Map Showing Property Bounded North by East Green
Street, South by East Clinton Street, West by South Cayuga Street and
Southeast by Six Mile Creek, Designated for a Proposed Project 'Cayuga
Green at Six Mile Creek', City of Ithaca, Tompkins County, New York,"
dated November 20, 2003 and labeled as job number S02-530, prepared by
T.G. Miller, P.C., Engineers and Surveyors, hereinafter referred to as
"the Survey Map".
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee. Such persons shall be entitled, regardless of
their licensing status under this chapter, to obtain all the benefits
generally approved by the board of directors of the center and offered
to donors of similar amounts.
(e) The center is expressly authorized to:
(i) charge the general public such amounts as it sees fit for the
tasting of New York state wines sold on the premises;
(ii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time
and to sell and serve at such events wines, malt beverages and distilled
spirits selected by persons hiring the facilities; and
(iii) provide for wine related and other educational classes as deemed
appropriate by the center, either alone or in conjunction with other
entities that conduct educational classes, and charge the general public
such amounts as it sees fit for the purpose of carrying out the
provisions of this subparagraph.
6. Notwithstanding any other provision of law to the contrary, the
state liquor authority may issue a license under subdivision two-c of
section sixty-one of this chapter to the owner and/or operator of the
parcels described in this paragraph. The legal descriptions for the
three parcels so identified as the site are as follows:
PARCEL A
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at a point at the intersection of the southwesterly boundary
of Beach Road with the southeasterly boundary of lands now or formerly
of Holly RAJ Inc., and running thence southeasterly along the said
southwesterly boundary of Beach Road and the southwesterly boundary of
lands now or formerly of the Village of Lake George the following (9)
nine courses and distances: 1) South 47Á 49' 51" East 49.20 feet to a
point; 2) South 41Á 08' 51" East 50.18 feet to a point; 3) South 34Á 19'
51" East 20.62 feet to a point; 4) South 34Á 19' 51" East 29.38 feet to
a point; 5) South 28Á 23' 51" East 54.00 feet to a point; 6) South 23Á
28' 51" East 75.29 feet to a point; 7) South 25Á 57' 51" East 130.22
feet to a point; 8) South 30Á 43' 21" East 109.09 feet to a point; and
9) South 29Á 21' 51" East 140.00 feet to a point in the northwesterly
boundary of the premises conveyed by The Counties of Warren and
Washington Industrial Development Agency to The Fort William Henry
Corporation by deed dated May 18, 1998 and recorded in the Warren County
Clerk's Office on May 28, 1998 in Liber 1066 of Deeds at Page 279;
thence South 60Á 37' 18" West along the said northwesterly boundary of
the premises conveyed by The Counties of Warren and Washington
Industrial Development Agency to The Fort William Henry Corporation
70.01 feet to a point; thence northwesterly along the northeasterly
boundary of said premises conveyed by The Counties of Warren and
Washington Industrial Development Agency to The Fort William Henry
Corporation the following (5) five courses and distances: 1) North 29Á
21' 51" West 139.17 feet to a point; 2) North 30Á 43' 21" West 111.17
feet to a point; 3) North 25Á 55' 51" West 130.20 feet to a point; 4)
North 26Á 32' 41" West 145.00 feet to a point; and 5) North 42Á 42' 21"
West 120.00 feet to a point in the first mentioned southeasterly
boundary of lands now or formerly of Holly RAJ Inc.; thence North 51Á
01' 09" East along the said southeasterly boundary of lands now or
formerly of Holly RAJ Inc. 70.00 feet to the point of beginning,
containing 1.062 acres of land, being the same more or less.
PARCEL B
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at a point at the intersection of the easterly boundary of
New York State Route 9N with the northerly boundary of lands now or
formerly of Charles R. Wood Foundation, and running thence northerly
along the said easterly boundary of New York State Route 9N the
following four (4) courses and distances: 1) North 03Á- 06'- 51" West
54.12 feet to a point; 2) North 00Á- 54'- 09" East 281.77 feet to a
point; 3) North 01Á-45'- 09" East 59.83 feet to a point; and 4) North
02Á- 47'- 35" West 51.87 feet to an iron pin in the southerly boundary
of other lands now or formerly of Fort William Henry Corporation; thence
easterly along the said southerly boundary of other lands now or
formerly of Fort William Henry Corporation the following three (3)
courses and distances: 1) North 88Á- 22'- 09" East 475.96 feet to a
point; 2) North 60Á- 07'- 09" East 66.22 feet to a point; and 3) North
47Á- 47'- 09" East 315.47 feet to an iron pipe in the easterly boundary
of lands now or formerly of the Village of Lake George; thence southerly
along the said easterly boundary of lands now or formerly of The Village
of Lake George the following three (3) courses and distances: 1) South
32Á- 08'- 51" East 148.00 feet to a point; 2) South 37Á- 04'- 51" East
221.91 feet to a point; and 3) South 32Á- 47'- 51" East 83.60 feet to a
point in the northerly boundary of the aforementioned lands now or
formerly of Charles R. Wood Foundation; thence westerly along the said
northerly boundary of lands now or formerly of Charles R. Wood
Foundation the following four (4) courses and distances: 1) South 55Á-
39'- 09" West 188.00 feet to a square head bolt; 2) South 68Á- 08'- 09"
West 115.00 feet to a point; 3) South 81Á- 37'-09" West 240.84 feet to a
point; and 4) South 74Á- 08'- 09" West 546.05 feet to the point of
beginning, containing 8.558 acres of land, being the same more or less.
ALSO, ALL that certain piece or parcel of land situate lying and being
in the Village of Lake George, County of Warren, State of New York,
being more particularly described as follows:
COMMENCING at a point located on the westerly boundary of lands now or
formerly of Warren County as described in Liber 281, Page 51, said point
also being on the division line between lands now or formerly of Warren
County (Liber 4390 Page 154) on the south and lands now or formerly of
Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
said division line South 40Á27'30" West, 188.00 feet to the Point of
Beginning; thence through said lands of Warren County the following
three (3) courses and distances: 1) South 33Á45'28" West, 74.95 feet to
a point, 2) South 59Á52'14" West, 108.57 feet to a point, and 3) North
75Á07'46" West, 41.87 feet to a point on the division line between said
lands of Warren County on the south and lands now or formerly of Fort
William Henry Corp. (Liber 497 Page 222) on the north; thence along said
division line North 66Á25'30" East, 91.92 feet to a point; thence North
52Á56'30" East, 115.00 feet to the point or place of beginning.
EXCEPTING AND RESERVING THEREFROM, ALL that certain piece or parcel of
land situate lying and being in the Village of Lake George, County of
Warren, State of New York, being more particularly described as follows:
BEGINNING at a point located on the westerly boundary of lands now or
formerly of Warren County as described in Liber 281, Page 51, said point
also being on the division line between lands now or formerly of Warren
County (Liber 4390 Page 154) on the south and lands now or formerly of
Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
said division line South 40Á27'30" West, 188.00 feet to a point; thence
through said lands now or formerly of Fort William Henry Corp. North
33Á45'28" East, 102.84 feet to a point; thence North 40Á27'30" East,
85.36 feet to a point on the aforementioned westerly boundary of lands
now or formerly of Warren County (Liber 281, Page 51); thence along said
westerly boundary South 51Á54'30" East, 12.01 feet to the point or place
of beginning.
PARCEL C
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at an iron pin at the intersection of the easterly boundary
of New York State Route 9N with the northerly boundary of other lands
now or formerly of Fort William Henry Corporation; said pin being
located the following four (4) courses and distances northerly from the
intersection of the easterly boundary of New York State Route 9N with
the northerly boundary of lands now or formerly of Charles R. Wood
Foundation: 1) North 03Á- 06'- 51" West 54.12 feet; 2) North 00Á- 54'-
09" East 281.77 feet; 3) North 01Á- 45'- 09" East 59.83 feet; and 4)
North 02Á- 47'- 35" West 51.87 feet, and running thence from said point
of beginning northerly along the said easterly boundary of New York
State Route 9N the following seven (7) courses and distances: 1) North
03Á- 29'-09" East 105.00 feet to a point; 2) North 09Á- 11'- 09" East
60.10 feet to a point; 3) North 05Á- 41'- 09" East 161.06 feet to a
point; 4) North 09Á- 28'-34" East 124.23 feet to an iron pin; 5) North
14Á- 08'- 27" East 150.26 feet to a square monument; 6) North 22Á- 36'-
14" East 111.15 feet to a point; and 7) North 17Á- 47'- 09" East 91.79
feet to an iron pipe in the southerly boundary of lands now or formerly
of Adirondack Entertainment and Recreation, Inc.; thence South 59Á- 07'-
51" East along the said southerly boundary of lands now or formerly of
Adirondack Entertainment and Recreation, Inc. 40.70 feet to a point;
thence North 51Á- 01'- 09" East along the southeasterly boundary of said
lands now or formerly of Adirondack Entertainment and Recreation, Inc.
167.30 feet to a point in the southwesterly boundary of lands now or
formerly of The Adirondack Lakeview Corporation; thence southeasterly
along the said southwesterly boundary of lands now or formerly of The
Adirondack Lakeview Corporation the following five (5) courses and
distances: 1) South 42Á- 42'- 21" East 120.00 feet to a point; 2) South
26Á- 32'- 41" East 145.00 feet to a point; 3) South 25Á-55'- 51" East
130.20 feet to a point; 4) South 30Á- 43'- 21" East 111.17 feet to a
point; and 5) South 29Á- 21'- 51" East 139.17 feet to a point; thence
North 60Á- 37'- 18" East along the southeasterly boundary of said lands
now or formerly of The Adirondack Lakeview Corporation 70.01 feet to a
point in the westerly boundary of lands now or formerly of the Village
of Lake George; thence southerly along the said westerly boundary of
lands now or formerly of The Village of Lake George the following two
(2) courses and distances: 1) South 29Á- 21'- 51" East 32.24 feet to a
point; and 2) South 30Á- 27'- 51" East 73.00 feet to an iron pipe in the
northerly boundary of other lands now or formerly of Fort William Henry
Corporation; thence westerly along the said northerly boundary of other
lands now or formerly of Fort William Henry Corporation the following
three (3) courses and distances: 1) South 47Á- 47'- 09" West 315.47 feet
to a point; 2) South 60Á- 07'- 09" West 66.22 feet to a point; and 3)
South 88Á- 22'- 09" West 475.96 feet to the point of beginning,
containing 9.398 acres of land, being the same more or less.
8. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the Concord Grape Belt Heritage Association Inc.
Grape Discovery Center ("center") situated at the premises known as: all
that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situated, lying and being in the Town of
Westfield, County of Chautauqua and State of New York being parcels
209.00-2-13 and 209.00-2-14 and being more particularly described as
follows:
PARCEL A
All that tract or parcel of land, situate in the Town of Westfield,
County of Chautauqua and State of New York, being part of Lot 13, Town 4
and Range 14 of the Holland Land Company's Survey and further bounded
and described as follows:
Beginning at a set "MAG" nail on the south bounds of U.S. Route 20
also know as Main Road, also known as the Buffalo and Erie Road, said
"MAG" nail being N 60 degrees 17' 18" E, 264.87 feet as measured along
the south bounds of U.S. Route 20, from the northwest corner of premises
described in deed from David S. Neill to Sam F. Nixon, dated January 30,
1916, and recorded in the Chautauqua County Clerk's Office in Liber 421
of Deeds at page 165; thence N 60 degrees 17' 18" E, along the south
bounds of U.S. Route 20, a distance of 195.88 feet to a set "MAG" nail
in asphalt; thence N 64 degrees 0' 0" E, and still along the south
bounds of U.S. Route 20, a distance 70 feet to a set "MAG" nail in
asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at
the northwest corner of lands of Joanne W. Nixon, as described in a deed
recorded in the Chautauqua County Clerk's Office in Liber 2182 of Deeds
at page 196; thence continuing along the same course, S 1 degree 55' 0"
W along the west line of lands of said Nixon, 78.8 feet to an existing
iron stake at the northeast corner of lands of Joanne W. Nixon as
described in a deed recorded in the Chautauqua County Clerk's Office in
Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along the
north line of lands of said Nixon, 173.3 feet to a point at the
southeast corner of lands of Ed R. Burnside as described in a deed
recorded in the Chautauqua County Clerk's Office in Liber 2639 of Deeds
at page 336; thence N 13 degrees 36' 25" W, along the east line of lands
of said Burnside, 287.68 feet to the point or place of beginning.
PARCEL B
Also all that tract or parcel of land, situate in the Town of
Westfield, County of Chautauqua and State of New York, being part of Lot
No. 13, Township 4 and Range 14 of the Holland Land Company's Survey and
further bounded and described as follows:
Commencing at the northwest corner of premises described in deed from
David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded in
the Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165;
thence N 60 degrees 17' 18" E. along the south bounds of U.S. Route 20,
also known as Main Road, also known as the Buffalo and Erie Road, 460.76
feet to a set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and
still along the south bounds of U.S. Route 20, a distance of 70 feet to
a set "MAG" nail in asphalt at the point of beginning of the parcel
hereinafter described; thence N 64 degrees 0' 0" E, along the south
bounds of U.S. Route 20, a distance of 200 feet to a set "MAG" nail in
asphalt at the northwest corner of lands of Joanne W. Nixon as described
in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182
of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of
lands of said Nixon, 250 feet to a point; thence S 64 degrees 0' 0" W,
along the north line of lands of said Nixon 200 feet to an existing iron
pin in the northwest corner of lands of said Nixon; thence N 1 degree
55' 0" E, 250 feet to the point or place of beginning.
Subject to all easements, rights-of-way, and leases of record which
may validly affect said premises.
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee. Such persons shall be entitled, regardless of
their licensing status under this chapter, to obtain all the benefits
generally approved by the board of directors of the center and offered
to donors of similar amounts.
(e) Notwithstanding any other provision of law to the contrary, the
center is expressly authorized to:
(i) sell New York state produced wines, beers and distilled spirits
for both on and off premise consumption;
(ii) offer tastings on the premises of such products and charge the
general public such amounts as it deems fit for such tastings. For
purposes of this section, tastings may be conducted in a common tasting
area on the premises; and
(iii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time,
and to sell and serve at such events wines, malt beverages and distilled
spirits selected by persons hiring the facilities.
9. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section sixty-one-a
of this chapter to Cornell university on behalf of the New York state
college of agriculture and life sciences and the New York state
agricultural experiment station as defined in sections fifty-seven
hundred twelve and fifty-seven hundred thirteen of the education law.
Issuance of such a license shall not preclude or nullify other licenses
granted to Cornell university, whether now or in the future, in all its
locations in New York state in accordance with the provisions of this
chapter. Issuance of such a license shall not restrict the ability of
Cornell university, or the New York state college of agriculture and
life sciences and the New York state agricultural experiment station to
conduct research, teaching, education, extension and outreach, and
economic development activities related to products that are not
regulated by this chapter. For purposes of compliance with this chapter,
the New York state college of agriculture and life sciences and the New
York state agricultural experiment station as defined in sections
fifty-seven hundred twelve and fifty-seven hundred thirteen of the
education law shall be considered to be located on a farm.
(b) Cornell university, acting on behalf of the New York state college
of agriculture and life sciences and the New York state agricultural
experiment station may, but shall not be required to, produce wine,
beer, distilled spirits, distillates, cider, mead and other fermented
products as a condition of such license.
(c) No person shall be disqualified from acting as a director,
advisory council member, officer, or employee of, or purveyor to,
Cornell university and the New York state college of agriculture and
life sciences and the New York state agricultural experiment station by
reason of such person holding a license under this chapter, or being
affiliated with a licensee under this chapter as a shareholder, partner,
officer, director, or employee.
(d) No person shall be disqualified from being a donor, patron,
contributor or sponsor from time to time of Cornell university and the
New York state college of agriculture and life sciences and the New York
state agricultural experiment station through contributions in cash or
in kind, by reason of such person holding a license under this chapter,
or being affiliated with a licensee under this chapter as a shareholder,
partner, officer, director, or employee.
(e) Notwithstanding any other provision of law to the contrary,
Cornell university, acting through the New York state college of
agriculture and life sciences and the New York state agricultural
experiment station is expressly authorized to:
(i) manufacture New York state produced wines, beers, ciders, mead,
distilled spirits and other fermented products for educational,
workforce development and research purposes to include industrial
product or non-consumable product research;
(ii) offer organoleptic tastings, on the premises, of such products
only for the purposes of education, workforce development, and research
and analysis. No fees may be imposed for such tastings, other than as
part of the general cost of an educational course, workshop, or other
instructional event;
(iii) provide educational courses, workforce development and
experiential learning opportunities within the New York state college of
agriculture and life sciences and the New York state agricultural
experiment station and allow separately licensed entities to utilize
facilities and equipment located at such places for the production of
small-scale, pilot batches of wine, distilled spirits, cider, mead, beer
and other fermented products not for further retail sale and for
research purposes only; and
(iv) conduct product testing and technical analysis including, but not
limited to, sensory analysis, of New York state and non-New York state
manufactured wine, distilled spirits, cider, mead, beer, and other
fermented products in accordance with an internally established fee
schedule.
(f) Notwithstanding any other provision of law to the contrary,
Cornell university may: (i) offer educational courses, workshops or
other instructional events on wine, distilled spirits, cider, mead, beer
and other fermented products through any of its colleges, schools or
units, in accordance with internally established fee schedules and under
appropriate licenses; and (ii) use its facilities, and provide the use
of its facilities to third parties, for functions at which alcoholic
beverages may be sold and served provided the university or third
parties, as applicable, have obtained the appropriate permit or license
from the authority.
10. (a) Notwithstanding any other provision of law to the contrary,
the state liquor authority shall issue a license under section
sixty-one-a of this chapter to the community college in Broome county,
established pursuant to article one hundred twenty-six of the education
law, in the city of Binghamton, and the Broome county culinary and
events center on the premises described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the city of Binghamton,
County of Broome, and State of New York, being more particularly
described as follows:
Beginning at a point in the east side of Exchange Street at the
south-west corner of the stone front building known as "Pope Block;"
thence,
1. Southerly, along the easterly line of Exchange Street, 107.41 feet
(one hundred and seven feet and five inches) to a point where the
easterly line of Exchange Street intersects the north line of Congdon
Place; thence,
2. Easterly, along the north line of Congdon Place, making a measured
interior angle of 93Á 01' 02" with the east line of Exchange Street, a
distance of 200.43 feet to a point, said point being 50 feet westerly
from the west line of Myrtle Avenue; thence,
3. Northerly, along a line parallel with the west line Myrtle Avenue,
making an interior angle of 88Á 59' 55" with the north line of Congdon
Place, a distance of 65.00 feet to a point; thence,
4. Westerly, along a line parallel with the north line of Congdon
Place, making an interior angle of 91Á 00' 05" with the last described
line, a distance of 71.95 feet to a point; thence,
5. Northerly, along a line making an interior angle of 271Á 03' 58"
with the last described line a distance of 44.08 feet to a point;
thence,
6. Westerly, along a line making an interior angle of 88Á 09' 38" with
the last described line, a distance of 133.93 feet to the Point of
Beginning, said line forming a measured interior angle of 87Á 45' 22"
with the east line of Exchange street.
The above described parcel is shown on a map prepared by Passero
Associates entitled "Boundary and Topographic Survey, Carnegie Library,
78 Exchange Street", Project No. 201410120.0003, Drawing No. TS-1, Dated
April 20, 2016. Together with and subject to 8 foot wide right-of-way
for ingress and egress along the easterly side of the above premises,
which westerly 4 feet of said right-of-way is located on the above
premises and easterly 4 feet is located on premises to the east, as
recited in Liber 1992 of Deeds, page 243.
SNDA (Master Lease) - SUNY Broome 28865746v4
(b) The community college in Broome county and Broome county culinary
and events center may, but shall not be required to, produce wine, beer,
distilled spirits, cider and mead as a condition of such license.
(c) No person shall be disqualified from acting as a director,
advisory council member, officer, or employee of, or purveyor to, the
community college in Broome county and Broome county culinary and events
center by reason of such person holding a license under this chapter, or
being affiliated with a licensee under this chapter as a shareholder,
partner, officer, director, or employee.
(d) No person shall be disqualified from being a donor, patron,
contributor or sponsor from time to time of the community college in
Broome county and Broome county culinary and events center through
contributions in cash or in kind, by reason of such person holding a
license under this chapter, or being affiliated with a licensee under
this chapter as a shareholder, partner, officer, director, or employee.
(e) Notwithstanding any other provision of law to the contrary, the
community college in the Broome county and Broome county culinary and
events center is expressly authorized to:
(i) sell New York state produced wines, beers, ciders, meads and
distilled spirits for both on and off-premises consumption;
(ii) manufacture New York state produced wines, beers, ciders, meads
and distilled spirits for educational, workforce development and
research purposes to include industrial product or non-consumable
product innovation research;
(iii) offer tastings, on the premises, of such products only for the
purposes of education, workforce development, and research and analysis.
For purposes of this subdivision, tastings may only be conducted on the
premises of the community college in Broome county and Broome county
culinary and events center described in paragraph (a) of this
subdivision. No fees may be imposed for such tastings, other than as
part of the general cost of an educational course, workshop, or other
instructional event;
(iv) provide educational courses, workforce development and
experiential learning opportunities within the community college in
Broome county and Broome county culinary and events center; and
(v) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the community college in Broome county and Broome county
culinary and events center from time to time, and to sell and serve at
such events wines, ciders, beers, mead and distilled spirits selected by
persons hiring the facilities.
(f) For purposes of compliance with this chapter, the community
college in Broome county and the Broome county culinary and events
center shall be considered to be located on a farm.
Terms of sale. 1. As used in this section:
a. "Credit period" means a period beginning on the date alcoholic
beverages are delivered and ending thirty days thereafter.
b. "payment period" means the period beginning on the date alcoholic
beverages are delivered and ending on the thirtieth day following the
date on which alcoholic beverages are delivered.
c. "Final payment date" means the last day of a payment period.
d. "Notification date" means, notwithstanding section twenty-five of
the general construction law, for deliveries on:
(i) Monday, the Monday immediately following a final payment date;
(ii) Tuesday, the Tuesday immediately following the final payment
date;
(iii) Wednesday, the Wednesday immediately following the final payment
date;
(iv) Thursday, the Thursday immediately following the final payment
date;
(v) Friday, the Friday immediately following the final payment date.
e. "Retail licensee" means a person licensed to sell liquor and/or
wine at retail for on-premise consumption or for off-premise consumption
(including a person holding a permit granted by the authority pursuant
to subdivision six of section sixty-four of this chapter).
f. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, electronic funds transfer, bank
officer's check or draft, or a check drawn on the account of the retail
licensee payable to the manufacturer or wholesaler and dated no later
than the date of delivery of the alcoholic beverages and which is
honored upon presentment for payment, provided, however, that if any
check or other instrument described herein tendered by a retail licensee
on the delinquent list is not honored upon presentment for payment, the
license of such retail licensee may be suspended for not more than
fifteen days for the first offense, and not more than sixty days for a
subsequent offense, which penalty shall be in addition to the penalty
provided for by the provisions of subdivision six of this section, and
provided further, that nothing herein contained shall require a
manufacturer or wholesaler to accept a check tendered by or drawn on the
account of a retail licensee on the delinquent list unless the same has
been certified.
2. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any liquor or wine to any retail licensee except as
provided for in this section:
(a) for cash to be paid at the time of delivery; or
(b) on terms requiring payment by such retail licensee for such
alcoholic beverages on or before the final payment date of the credit
period for which delivery is made.
3. Each such manufacturer and wholesaler is hereby required, on or
before the respective notification dates for each retail license, to
give written notice of default, by first class mail, to all such
licensees therein who have failed to make payment to him or her on or
before their final payment date for alcoholic beverages sold or
delivered to them during a credit period ending on their final payment
date. No retail licensee shall be placed in default if the wholesaler
has issued an account credit to the licensee, which after application to
all debts owed by the retail licensee, is equal to or greater than the
amount of the default. Any such retail licensee receiving such notice
shall not thereafter purchase alcoholic beverages except for cash until
such time as the authority determines that his or her name shall not be
published on the delinquent list as provided in subdivision four of this
section, or until such time as the authority permits sales or deliveries
to him or her as provided in subdivision five of this section. Each such
manufacturer and wholesaler is hereby required to file with the
authority, on or before each notification date, copies of the notices
sent by him or her to all delinquent retail licensees as required in
this subdivision, and in addition, if the authority shall so require, a
written list setting forth the names and addresses of all such
delinquent licensees. The authority, in its discretion, may extend for a
period not exceeding three days the date for giving written notice of
default to delinquent retail licensees and extend for three days the
date for filing with the authority the copies of notices sent to such
licensees and/or the written list of delinquent retail licensees as
required in this subdivision. The authority, in its discretion, may
limit the documents to be filed to those relating to licensees who are
to be added or deleted from the default list and direct that the
manufacturer or wholesaler maintain copies of all other documents
required under this section for future inspection by the authority. The
authority shall, as soon as practicable after each notification date,
compile and publish and furnish each manufacturer and wholesaler
licensed under this chapter a list, to be designated the delinquent list
containing the names and addresses of all retail licensees who have been
reported by manufacturers and wholesalers pursuant to the provisions of
this section or section one hundred one-aaa of this article as having
failed to make payment as required by this section for alcoholic
beverages sold or delivered to them, and no such manufacturer or
wholesaler, on or after the fifth day after the receipt of such
delinquent list, shall knowingly, wilfully or intentionally sell or
deliver any alcoholic beverages to any such licensee whose name appears
on such list, except for cash, until such time as the name of such
licensee is removed therefrom, except as hereinafter permitted. The
receipt of a delinquent list by a manufacturer or wholesaler shall
constitute knowledge of the names of the retail licensees who have
failed to make payment for alcoholic beverages as required by this
section. The failure of any manufacturer or wholesaler to comply with
the foregoing provisions of this section may, at the discretion of the
authority, subject the license of such manufacturer or wholesaler to
suspension for not more than five days for the first offense, and not
more than thirty days for a subsequent offense. The authority may
publish the delinquent list on its website; provided, however, that full
access shall be restricted to those manufacturers and wholesalers
licensed under this chapter and access to their specific status shall be
provided to retailers licensed under this chapter. Such publication
shall be considered receipt thereof by all manufacturers and
wholesalers.
4. In the event that any dispute shall exist between any manufacturer
or wholesaler and a retail licensee to whom he shall have sold alcoholic
beverages, either as to the fact of payment or as to the amount due for
such alcoholic beverages or as to the quantity of the alcoholic
beverages sold or delivered, which dispute cannot be adjusted between
them, the authority is hereby authorized to receive statements from each
of the parties to such dispute as to the facts and circumstances thereof
and to determine whether or not such retail licensee's name should be
published on the appropriate delinquent list.
5. The authority in the case of a retail licensee who has actually
made payment for alcoholic beverages, or on good cause shown to it, may
permit sales or deliveries to any retail licensee who has received
notice of default or who is named on any delinquent list, on terms other
than for cash, but within the limitations of this section, prior to the
publication of the next appropriate delinquent list.
6. The license of any retail licensee who purchases or accepts
delivery of alcoholic beverages on any terms, other than as provided in
this section, may be suspended for not more than five days for the first
offense and not more than thirty days for a subsequent offense. The
failure of any such retail licensee to pay any amount in default before
the expiration of the period of suspension shall be deemed and
punishable as a subsequent offense until paid. In addition, the
authority may require any such retail licensee, after default in making
payment in accordance with the provisions of this section to make
payment in cash for alcoholic beverages subsequently delivered.
7. a. All retail licensees who fail to pay manufacturers or
wholesalers for alcoholic beverages sold or delivered to such retail
licensees by such manufacturers or wholesalers subsequent to the
effective date of this section, shall liquidate and pay such unpaid
balances to such manufacturers or wholesalers in equal monthly
installments over a period of three months from the date upon which such
unpaid balances become due. The authority, shall not, however, because
of such an indebtedness or failure to pay such refuse to renew the
license of any such licensee.
b. All retail licensees shall, on or before October tenth, nineteen
hundred sixty-five, make payment in full to manufacturers and
wholesalers of all unpaid balances for alcoholic beverages sold and
delivered to such licensees during the month of September, nineteen
hundred sixty-five. All retail licensees in groups two, three, four and
one shall, on or before November tenth, nineteen hundred sixty-five,
make payment in full to manufacturers and wholesalers of all unpaid
balances for alcoholic beverages sold and delivered between October
first and October seventh, fourteenth, twenty-first and thirty-first,
nineteen hundred sixty-five, respectively. The authority may impose any
penalty or condition otherwise authorized by this section in the case of
any such retail licensee who fails or refuses to liquidate and pay
unpaid balance becoming due under this subdivision.
8. Nothing herein contained shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for alcoholic
beverages sold or delivered to any such retail licensee.
9. The state liquor authority is hereby authorized to do such acts,
prescribe such forms and make such rules, regulations and orders as it
may deem necessary or proper fully to effectuate the provisions of this
section, including but not limited to the changing of any date on which
any act or function pursuant to this section is to be performed by any
licensee or by the liquor authority.
10. For the purpose of raising the moneys necessary to defray the
expenses incurred in the administration of this section, on or before
the tenth day after this section becomes a law, there shall be paid to
the liquor authority by each manufacturer and wholesaler licensed under
this chapter to sell to retailers liquor and/or wines or beer, a sum
equivalent to ten per centum of the annual license fee prescribed by
this chapter for each such licensee. A like sum shall be paid by each
person hereafter applying for any such license or the renewal of any
such license, and such sum shall accompany the application and the
license fee prescribed by this chapter for such license or renewal, as
the case may be.
Terms of sale; beer or wine products. 1. As used in this
section:
a. "Credit period" means the following:
(1) A period beginning on Thursday, January first, two thousand four
and ending on Sunday, January eighteenth, two thousand four; and
(2) A period beginning on the first Monday succeeding the concluding
day of each prior period and ending on the second succeeding Sunday
thereafter.
b. "Payment period" means the period ending on the twelfth day
immediately following the last day of any credit period.
c. "Final payment date" means the last day of a payment period.
d. "Delinquent notice date" means the third business day immediately
following a final payment date.
e. "Notification date" means the day immediately following a
delinquent notice date.
f. "Retail licensee" means a person licensed pursuant to this chapter
who purchases beer and/or wine products for resale for on or off
premises consumption, except a person licensed to sell liquor and/or
wine for off premises consumption.
g. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, electronic funds transfer, bank
officer's check or draft, or a check drawn on the account of the retail
licensee payable to the manufacturer or wholesaler and dated no later
than the date of delivery of the alcoholic beverages and which is
honored upon presentment for payment; provided, however, that if any
check or other instrument described in this paragraph tendered by a
retail licensee on the delinquent list is not honored upon presentment
for payment, the license of such retail licensee may be suspended for
not more than fifteen days for the first offense, and not more than
sixty days for a subsequent offense, which penalty shall be in addition
to the penalty provided for by the provisions of subdivision six of this
section, and provided further, that nothing in this section shall
require a manufacturer or wholesaler to accept a check tendered by or
drawn on the account of a retail licensee on the delinquent list unless
the same has been certified.
h. "Business payment card" means: (1) any credit card issued to a
retail licensee for business or commercial use pursuant to an agreement
that allows the holder thereof to obtain goods and services on the
credit of the issuer or a debit card that provides access to a bank
account of a retail licensee; (2) a credit or debit card from an issuer
accepted by the manufacturer or wholesaler as permitted by the authority
in regulation; and (3) such credit card shall not include cards in which
a manufacturer or wholesaler has a financial interest or cards by which
their use benefits a manufacturer or wholesaler. Such card must be
issued in the same name as a retail licensee and registered to the same
address as the address on the retail license, or as otherwise permitted
by the authority in regulation.
i. "Final cash invoice amount" means the amount charged by a
manufacturer or wholesaler to a retail licensee pursuant to paragraphs
(a) and (b) of subdivision two of this section.
j. "Final business payment card invoice amount" means the amount
charged by a manufacturer or wholesaler to a retail licensee pursuant to
paragraph (c) of subdivision two of this section; and shall equal the
final cash invoice amount plus three percent of the final cash invoice
amount. The three percent represents the surcharges and fees that are
charged to the manufacturer or wholesaler by the business payment card
issuer or a person or entity associated with the issuer.
2. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any beer, mead, cider or wine products to any retail
licensee except as provided for in this section:
(a) for cash to be paid at the time of delivery;
(b) on terms requiring payment by such retail licensee for such beer,
mead, cider, or wine products on or before the final payment date of any
credit period within which delivery is made; or
(c) by business payment card; provided that a manufacturer or
wholesaler that exercises reasonable diligence to ensure the sale
comports with the requirements of this section shall not be found to
have violated this subdivision where a retail licensee uses a credit
card other than a business payment card.
Provided, however, that the sale of wine products, mead, or cider to a
retail licensee by a wholesaler licensed under section fifty-eight,
sixty-two, or seventy-eight of this chapter, or a licensed manufacturer
of liquor, mead or wine or a cider producer's license, shall be governed
by the provisions of section one hundred-one-aa of this article.
2-a. A manufacturer or wholesaler that accepts business payment cards
shall clearly state the final cash invoice amount and the final business
payment card invoice amount on an invoice provided to a retail licensee.
Nothing in this section shall preclude, or permit a manufacturer or
wholesaler to prevent, a retail licensee that receives such an invoice
from electing to use any other form of payment method permitted pursuant
to subdivision two of this section following receipt of such invoice.
2-b. Nothing herein contained shall be construed to require any
manufacturer or wholesaler to accept business payment cards as a method
of payment by any retail licensee, provided that if such payment method
is made available it shall be available on equal terms to all retail
licensees.
3. Each such manufacturer and wholesaler shall, on or before the
respective delinquent notice date, give written notice of default, by
first class mail, to all such licensees who have failed to make payment
to the manufacturer or wholesaler on or before their final payment date
for beer or wine products sold or delivered to such licensees during the
previous credit period. Any such retail licensee receiving such notice
shall not thereafter purchase beer or wine products except for cash
until such time as the authority determines that its name shall not be
published on the delinquent list as provided in this subdivision, or
until such time as the authority permits sales or deliveries to such
licensee as provided in subdivision five of this section. Each such
manufacturer and wholesaler shall file with the authority, on or before
each notification date, copies of the notices sent by it to all
delinquent retail licensees, and in addition, if the authority shall so
require, a written list setting forth the names and addresses of all
such delinquent licensees. The authority, in its discretion, may extend
for a period not exceeding three days the date for giving written notice
of default to delinquent retail licensees and extend for three days the
date for filing with the authority the copies of notices sent to such
licensees and/or the written list of delinquent retail licensees. The
authority shall, as soon as practicable after each notification date,
compile, publish, and furnish each manufacturer and wholesaler licensed
under this chapter a delinquent list containing the names and addresses
of all retail licensees who have been reported by manufacturers and
wholesalers pursuant to the provisions of this section or section one
hundred one-aa of this article as having failed to make payment as
required by this section or section one hundred one-aa of this article
for beer or wine products sold or delivered to them, and no such
manufacturer or wholesaler, on or after the fifth day after the receipt
of such delinquent list, shall knowingly, wilfully or intentionally sell
or deliver any beer or wine products to any such licensee whose name
appears on such list, except for cash, until such time as the name of
such licensee is removed therefrom, except as otherwise permitted by
this section. The receipt of a delinquent list by a manufacturer or
wholesaler shall constitute knowledge of the names of the retail
licensees who have failed to make payment for beer or wine products as
required by this section. The failure of any manufacturer or wholesaler
to comply with the provisions of this section may, at the discretion of
the authority, subject the license of such manufacturer or wholesaler to
suspension for not more than five days for the first offense, and not
more than thirty days for a subsequent offense. The authority may
publish the delinquent list on its website; provided, however, that
access shall be restricted to those manufacturers and wholesalers
licensed under this chapter. Such publication shall be considered
receipt thereof by all manufacturers and wholesalers.
4. In the event that any dispute shall exist between any manufacturer
or wholesaler and a retail licensee to whom such manufacturer or
wholesaler shall have sold beer or wine products, either as to the fact
of payment or as to the amount due for such beer or wine products or as
to the quantity of the beer or wine products sold or delivered, which
dispute cannot be adjusted between them, the authority is authorized to
receive statements from each of the parties to such dispute as to the
facts and circumstances thereof and to determine whether or not such
retail licensee's name should be published on the delinquent list.
5. The authority in the case of a retail licensee who has actually
made payment for beer or wine products, or on good cause shown to it,
may permit sales or deliveries to any retial licensee who has received
notice of default or who is named on any delinquent list, on terms other
than for cash, but within the limitations of this section, prior to the
publication of the next delinquent list.
6. The license of any retail licensee who purchases or accepts
delivery of beer or wine products on any terms, other than as provided
in this section, may be suspended for not more than five days for the
first offense and not more than thirty days for a subsequent offense.
The failure of any such retail licensee to pay any amount in default
before the expiration of the period of suspension shall be deemed and
punishable as a subsequent offense until paid. In addition, the
authority may require any such retail licensee, after default in making
payment in accordance with the provisions of this section to make
payment in cash for beer or wine products subsequently delivered.
7. Nothing contained in this section shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for beer or
wine products sold or delivered to any such retail licensee.
8. There shall be paid to the liquor authority by each person applying
after the effective date of this section for any license to sell beer or
wine products to retailers or upon the renewal of such license, a sum
equivalent to ten per centum of the annual license fee prescribed by
this chapter for each such licensee. Such moneys shall be used by the
authority to defray the expenses incurred in the administration of this
section.
9. Notwithstanding the law in effect at the time of the sale, the
final payment date for beer and/or wine products sold prior to the
effective date of this section for which payment has not been made shall
be the first final payment date as determined by the provisions of this
section.
Unlawful discriminations prohibited; filing of schedules;
schedule listing fund. 1. It is the declared policy of the state that it
is necessary to regulate and control the manufacture, sale, and
distribution within the state of alcoholic beverages for the purpose of
fostering and promoting temperance in their consumption and respect for
and obedience to the law. In order to eliminate the undue stimulation of
sales of alcoholic beverages and the practice of manufacturers and
wholesalers in granting discounts, rebates, allowances, free goods, and
other inducements to selected licensees, which contribute to a
disorderly distribution of alcoholic beverages, and which are
detrimental to the proper regulation of the liquor industry and contrary
to the interests of temperance, it is hereby further declared as the
policy of the state that the sale of alcoholic beverages should be
subjected to certain restrictions, prohibitions and regulations. The
necessity for the enactment of the provisions of this section is,
therefore, declared as a matter of legislative determination.
2. It shall be unlawful for any person who sells liquors or wines to
wholesalers or retailers
(a) to discriminate, directly or indirectly, in price, in discounts
for time of payment or in discounts on quantity of merchandise sold,
between one wholesaler and another wholesaler, or between one retailer
and another retailer purchasing liquor or wine bearing the same brand or
trade name and of like age and quality; (b) to grant, directly or
indirectly, any discount, rebate, free goods, allowance or other
inducement of any kind whatsoever, except a discount or discounts for
quantity of liquor or for quantity of wine and a discount not in excess
of one per centum for payment on or before ten days from date of
shipment.
3. (a) No brand of liquor or wine shall be sold to or purchased by a
wholesaler, irrespective of the place of sale or delivery, unless a
schedule, as provided by this section, is transmitted to and received by
the liquor authority, and is then in effect. Such schedule shall be
transmitted to the authority in such form, manner, medium and format as
the authority may direct; shall be deemed duly verified by the person
submitting such schedule upon its transmission to the authority; and
shall contain, with respect to each item, the exact brand or trade name,
capacity of package, nature of contents, age and proof where stated on
the label, the number of bottles contained in each case, the bottle and
case price to wholesalers, the net bottle and case price paid by the
seller, which prices, in each instance, shall be individual for each
item and not in "combination" with any other item, the discounts for
quantity, if any, and the discounts for time of payment, if any. Such
brand of liquor or wine shall not be sold to wholesalers except at the
price and discounts then in effect unless prior written permission of
the authority is granted for good cause shown and for reasons not
inconsistent with the purpose of this chapter. Such schedule shall be
transmitted by (1) the owner of such brand, or (2) a wholesaler selling
such brand and who is designated as agent for the purpose of filing such
schedule if the owner of the brand is not licensed by the authority, or
(3) with the approval of the authority, by a wholesaler, in the event
that the owner of the brand is unable to transmit a schedule or
designate an agent for such purpose.
(b) No brand of liquor or wine shall be sold to or purchased by a
retailer unless a schedule, as provided by this section, is transmitted
to and received by the liquor authority, and is then in effect. Such
schedule shall be transmitted to the authority in such form, manner,
medium and format as the authority may direct; shall be deemed duly
verified by the person submitting such schedule upon its transmission to
the authority; and shall contain, with respect to each item, the exact
brand or trade name, capacity of package, nature of contents, age and
proof where stated on the label, the number of bottles contained in each
case, the bottle and case price to retailers, the net bottle and case
price paid by the seller, which prices, in each instance, shall be
individual for each item and not in "combination" with any other item,
the discounts for quantity, if any, and the discounts for time of
payment, if any. Such brand of liquor or wine shall not be sold to
retailers except at the price and discounts then in effect unless prior
written permission of the authority is granted for good cause shown and
for reasons not inconsistent with the purpose of this chapter. Such
schedule shall be transmitted by each manufacturer selling such brand to
retailers and by each wholesaler selling such brand to retailers.
(c) Provided however, nothing contained in this section shall require
any manufacturer or wholesaler to list in any schedule to be filed
pursuant to this section any item offered for sale to a retailer under a
brand which is owned exclusively by one retailer and sold at retail
within the state exclusively by such retailer.
(d) The authority may make available the schedules in paragraphs (a)
and (b) of this subdivision to all licensed wholesaler or retail
establishments by way of controlled internet access.
(e) As used in this subdivision the term "item" shall be deemed to
include a sealed, pre-wrapped package consisting of a sealed container
or containers of liquor, wine or wine products and other merchandise
reasonably used in connection with the preparation, storage, promotion,
gifting, or service of liquor, wine or wine products provided that such
other merchandise shall not be potable or edible; provided however that
any such wine, liquor or wine products sealed or pre-wrapped in
combination with other items shall also be available individually for
sale. For the purposes of this section, gift and promotional items shall
only include those items that are complementary and directly associated
with the sale of wine or liquor they are gifting or promoting and shall
mean: (1) items that are de minimis in value, but in no instance shall
merchandise be valued at more than fifteen dollars in total; (2) items
that are imprinted with the wine or liquor brand logo on the gift or
promotional item; and (3) items that are included as part of a
manufactured pre-sealed package with the wine or liquor that is being
gifted or promoted. Further, for the purposes of this section, gift or
promotional items shall not include any food, non-alcoholic beverage, or
other drink or food mix, nor shall these items be offered for sale to
the general public as individual items.
4. Each such schedule required by paragraph (a) of subdivision three
of this section shall be filed on or before the twenty-fifth day of each
month and the prices and discounts set forth therein shall become
effective on the first day of the second succeeding calendar month and
shall be in effect for such second succeeding calendar month. Each such
schedule required by paragraph (b) of subdivision three of this section
shall be filed on or before the fifth day of each month, and the prices
and discounts set forth therein shall become effective on the first day
of the calendar month following the filing thereof, and shall be in
effect for such calendar month. Within ten days after the filing of such
schedule the authority shall make them or a composite thereof available
for inspection by licensees. Within three business days after such
inspection is provided for, a wholesaler may amend his filed schedule
for sales to retailers in order to meet lower competing prices and
discounts for liquor or wine of the same brand or trade name, and of
like age and quality, filed pursuant to this section by any licensee
selling such brand, provided such amended prices are not lower and
discounts are not greater than those to be met. Any amended schedule so
filed shall become effective on the first day of the calendar month
following the filing thereof and shall be in effect for such calendar
month. All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this section.
4-a. No licensee shall refuse to sell any brand of liquor or wine to
any licensee authorized to purchase such brand of liquor or wine from
such licensee at the price listed in the schedule of prices of such
brand of liquor or wine required to be filed by such licensee with the
authority pursuant to this section, provided the purchaser pays cash
therefor, and except as herein provided.
(a) A schedule of prices to wholesalers filed by the brand owner or
its agent with the authority, pursuant to this section, may limit the
distribution or resale of a brand to wholesalers by the filing by the
brand owner or its agent with the authority of the names, addresses and
license numbers of such wholesalers. Such list shall be filed each month
together with the schedule of prices, and no name shall be added thereto
or removed therefrom after filing except with permission of the
authority.
(b) Only those wholesalers listed, pursuant to paragraph (a) of this
subdivision, may schedule the price to retailers for such brand, except
that when not inconsistent with the purpose of this section, the
authority may authorize any other wholesaler to schedule a price after
furnishing the quantity, source of purchase and any other information
the authority may require.
(c) When distribution or resale of a brand has been restricted,
pursuant to paragraph (a) of this subdivision, such brand shall not be
sold or purchased by any wholesalers who are not listed in accordance
with paragraph (a) of this subdivision.
(d) For good cause shown to the satisfaction of the authority,
permission may be granted for the filing of schedules limiting the
distribution or resale of a brand to retailers.
(e) Manufacturers and wholesalers may not require or compel retailers
to purchase other brands in order to be able to buy a particular brand.
(f) Nothing contained in this subdivision shall be construed as
authority for permitting any conduct or activity by any brand owner or
its agent or any wholesaler of liquor or wine proscribed by the
antitrust laws of this state or the United States.
(g) If any provision of any paragraph of this subdivision or any
subdivision of this section or the application thereof to any person or
circumstance shall be adjudged invalid by a court of competent
jurisdiction, such order or judgment shall be confined in its operation
to the controversy in which it was rendered and shall not affect or
invalidate the remainder of any provision of this subdivision or any
subdivision of this section or the application of any part thereof to
any other person or circumstance and to this end the provisions of each
paragraph of this subdivision and each subdivision of this section are
hereby declared to be severable.
5. (a) (i) Notwithstanding any other provision of law, each such
schedule required by paragraph (a) of subdivision three of this section
which is filed by a micro-winery, winery, or farm winery, or a class A,
A-1, B, B-1, C, or D distiller shall be filed annually on or before the
twenty-fifth day of November. The prices and discounts set forth therein
shall become effective on the first day of the second succeeding
calendar month and shall remain in effect for such twelve succeeding
calendar months, unless a price change filing is made pursuant to
subparagraph (ii) of this paragraph.
(ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
B-1, C, or D distiller licensee may file a price schedule change at any
time between the required annual filings. Each such price schedule
change shall be filed on or before the twenty-fifth day of each month
for a change in prices to become effective on the first day of the
second succeeding calendar month and shall remain in effect until the
effective date of the next filing.
(b) (i) Notwithstanding any other provision of law, each such schedule
required by paragraph (b) of subdivision three of this section which is
filed by a micro-winery, winery, or farm winery licensee, or a class A,
A-1, B, B-1, C, or D distiller shall be filed annually on or before the
fifth day of December. The prices and discounts set forth therein shall
become effective on the first day of the calendar month following the
filing thereof, and shall remain in effect for such twelve succeeding
calendar months, unless a price change filing is made pursuant to
subparagraph (ii) of this paragraph.
(ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
B-1, C, or D distiller licensee may file a price schedule change at any
time between the required annual filings. Each such price schedule
change shall be filed on or before the fifth day of each month for a
change in prices to become effective on the first day of the calendar
month following the filing thereof and shall remain in effect until the
effective date of the next filing.
(c) Within ten days after the filing of such schedules the authority
shall make them or a composite thereof available for inspection by
licensees. Within three business days after such inspection is provided
for, a wholesaler may amend his filed schedule for sales to retailers in
order to meet lower competing prices and discounts for wine of the same
brand or trade name, and of like age and quality, filed pursuant to this
section by any licensee selling such brand, provided such amended prices
are not lower and discounts are not greater than those to be met. Any
amended schedule so filed shall become effective on the first day of the
calendar month following the filing thereof and shall be in effect until
the effective date of the next filing.
(d) All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this subdivision.
6. For the purpose of raising the moneys necessary to defray the
expenses incurred in the administration of this section, on or before
the tenth day after this act becomes a law, there shall be paid to the
liquor authority by each manufacturer and wholesaler licensed under this
chapter to sell to retailers liquors and/or wines, a sum equivalent to
fifteen per centum of the annual license fee prescribed by this chapter
for each such licensee. A like sum shall be paid by each person
hereafter applying for any such license or the renewal of any such
license, and such sum shall accompany the application and the license
fee prescribed by this chapter for such license or renewal as the case
may be. In the event that any other law requires the payment of a fee by
any such licensee or applicant as set forth in this section for schedule
listing, then and in such event the total fee imposed by this section
and such other law or laws on each such licensee shall not exceed in the
aggregate a sum equivalent to fifteen per centum of the annual license
fee prescribed by this chapter for such license.
7. The authority may revoke, cancel or suspend any license issued
pursuant to this chapter, and may recover (as provided in section one
hundred twelve of this chapter) the penal sum of the bond filed by a
licensee, or both, for any sale or purchase in violation of any of the
provisions of this section or for making a false statement in any
schedule filed pursuant to this section or for failing or refusing in
any manner to comply with any of the provisions of this section.
General prohibitions and restrictions. 1. (a) Except as
provided in section seventy-nine-c of this chapter, no alcoholic
beverages shall be shipped into the state unless the same shall be
consigned to a person duly licensed hereunder to traffic in alcoholic
beverages. This prohibition shall apply to all shipments of alcoholic
beverages into New York state and includes importation or distribution
for commercial purposes, for personal use, or otherwise, and
irrespective of whether such alcoholic beverages were purchased within
or without the state, provided, however, this prohibition shall not
apply to any shipment consigned to a New York resident who has
personally purchased alcoholic beverages for his personal use while
outside the United States for a minimum period of forty-eight
consecutive hours and which he has shipped as consignor to himself as
consignee. Purchases made outside the United States by persons other
than the purchaser himself, regardless whether made as his agent, or by
his authorization or on his behalf, are deemed not to have been
personally purchased within the meaning of this paragraph.
(b) Except as provided in section seventy-nine-c of this chapter, no
common carrier or other person shall bring or carry into the state any
alcoholic beverages, unless the same shall be consigned to a person duly
licensed hereunder to traffic in alcoholic beverages, provided, however,
that alcoholic beverages may be delivered by a trucking permittee from a
steamship or railroad station or terminal to a New York resident who has
personally purchased alcoholic beverages for his personal use while
outside the United States for a minimum period of forty-eight
consecutive hours, and which he has shipped as consignor to himself as
consignee, and except as so stated, no trucking permittee shall accept
for delivery, deliver or transport from a steamship or railroad station
or terminal any shipment of alcoholic beverages consigned to a
non-licensed person having his home or business in New York state.
Purchases of alcoholic beverages made outside the United States by
persons other than the purchaser himself, regardless whether made as his
agent, or by his authorization or on his behalf, are deemed not to have
been personally purchased within the meaning of this paragraph.
(c) Paragraphs (a) and (b) of this subdivision shall apply to
alcoholic beverages, either in the original package or otherwise,
whether intended for commercial or personal use, as well as otherwise,
and to foreign, interstate, as well as intrastate, shipments or
carriage, irrespective of whether such alcoholic beverages were
purchased within or without the state.
(d) Nothing in this chapter shall be deemed to exempt from taxation
the sale or use of any alcoholic beverages subject to any tax imposed
under or pursuant to the authority of the tax law or to grant any other
exemption from the provisions of such law.
2. No person holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption or a
license or special license to sell an alcoholic beverage at retail for
consumption on the premises where such license authorizes the sale of
liquor, beer and/or wine on the premises of a catering establishment,
off-premises catering establishment, hotel, restaurant, club, or
recreational facility, shall knowingly employ in connection with his
business in any capacity whatsoever, any person, who has been convicted
of a felony, or any of the following offenses, who has not subsequent to
such conviction received an executive pardon therefor removing any civil
disabilities incurred thereby, a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law, or other relief from disabilities provided by law, or
the written approval of the state liquor authority permitting such
employment, to wit:
(a) Illegally using, carrying or possessing a pistol or other
dangerous weapon;
(b) Making or possessing burglar's instruments;
(c) Buying or receiving or criminally possessing stolen property;
(d) Unlawful entry of a building;
(e) Aiding escape from prison;
(f) Unlawfully possessing or distributing habit forming narcotic
drugs;
(g) Violating subdivisions six, ten or eleven of section seven hundred
twenty-two of the former penal law as in force and effect immediately
prior to September first, nineteen hundred sixty-seven, or violating
sections 165.25 or 165.30 of the penal law;
(h) Vagrancy or prostitution; or
(i) Ownership, operation, possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
If, as hereinabove provided, the state liquor authority issues its
written approval for the employment by a licensee, in a specified
capacity, of a person previously convicted of a felony or any of the
offenses above enumerated, such person, may, unless he is subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the same capacity by any other licensee without the further written
approval of the authority unless the prior approval given by the
authority is terminated.
The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
As used in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis,
swimming, skiing or boating; and (ii) premises in which the principal
business shall be the operation of a theatre, concert hall, opera house,
bowling establishment, excursion and sightseeing vessel, or
accommodation of athletic events, sporting events, expositions and other
similar events or occasions requiring the accommodation of large
gatherings of persons.
3-a. No licensee or permittee shall purchase or agree to purchase any
alcoholic beverages from any person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time
of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor's permit, except
as provided for in section eighty-five or ninety-nine-g of this chapter.
3-b. No retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person duly licensed within the
state by the liquor authority to sell such alcoholic beverage at the
time of such agreement and sale to such retail licensee, except as
provided for in section eighty-five or ninety-nine-g of this chapter.
4. No licensee or any of his or its agents, servants or employees
shall peddle any liquor and/or wine from house to house by means of a
truck or otherwise, where the sale is consummated and delivery made
concurrently at the residence or place of business of a consumer. This
subdivision shall not prohibit the delivery by a licensee to consumers,
pursuant to sales made at the place of business of said licensee.
5. No licensee shall employ any canvasser or solicitor for the purpose
of receiving an order from a consumer for any liquor and/or wine at the
residence or place of business of such consumer, nor shall any licensee
receive or accept any order, for the sale of any liquor and/or wine,
which shall be solicited at the residence or place of business of a
consumer. This subdivision shall not prohibit the solicitation by a
wholesaler of an order from any licensee at the licensed premises of
such licensee.
6. No alcoholic beverage shall be released for delivery from any
warehouse located within the state, except upon a permit having first
been obtained as provided by this chapter. Applications for such permits
may be filed at the office of the liquor authority in New York, Albany
or Buffalo, whichever is nearest to the location of the warehouse, and
shall be upon a form to be prepared by the liquor authority. This
provision shall not apply to alcoholic beverages, which are to be
released for shipment outside of the state.
7. Each person owning or operating any warehouse located within the
state shall keep and maintain as part of his permanent records, treasury
department forms fifty-two and fifty-two-a as heretofore required by the
United States government.
8. No alcoholic beverage retail licensee shall sell cannabis, as
defined in section three of the cannabis law, nor have or possess a
license or permit to sell cannabis, on the same premises where alcoholic
beverages are sold.
Provisions governing manufacturers. 1. No manufacturer shall
sell, or agree to sell or deliver in the state any liquors and/or wines,
as the case may be, in any cask, barrel, keg, hogshead or other
container, except in sealed containers containing quantities in
accordance with federal size standards adopted pursuant to the federal
alcohol administration act, as amended (27 U.S.C. 201 et. seq.); and
provided further, that (a) Class A distillers may sell or deliver liquor
in bulk to the holder of a Class A or B distiller's license or to a
permittee engaged in the manufacture of products which are unfit for
beverage use; (b) Class C distillers may sell or deliver fruit brandy in
bulk to the holder of a winery license, a holder of a Class B
distiller's license or to a permittee engaged in the manufacture of
products which are unfit for beverage use; and (c) a winery licensee may
sell or deliver wine in bulk to a holder of a winery license, the holder
of a distiller's license of any class, or to a permittee engaged in the
manufacture of products which are unfit for beverage use. Such
containers shall have affixed thereto such labels as may be required by
the rules of the liquor authority, together with all necessary federal
revenue and New York state excise tax stamps, as required by law.
2. No manufacturer shall transport alcoholic beverages in any vehicle
owned and operated or hired and operated by such manufacturer, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee, together with the
following inscription: "New York State Distiller (or Brewer or Winery)
License No. ..," in uniform letters not less than three and one-half
inches in height. In lieu of such sign a manufacturer may have in the
cab of such vehicle a photostatic copy of its current license issued by
the authority, and such copy duly authenticated by the authority.
3. No manufacturer shall deliver any alcoholic beverages, except in
vehicles owned and operated by such manufacturer, or hired and operated
by such manufacturer from a trucking or transportation company
registered with the liquor authority, and shall only make deliveries at
the licensed premises of the purchaser.
7. Each manufacturer shall keep and maintain upon the licensed
premises, adequate books and records of all transactions involving the
manufacture and sale of his or its products, which shall show the
ingredients but not the formula or recipe used in the manufacture of
such alcoholic beverages together with the quantity of alcoholic
beverages manufactured by such manufacturer; the names, addresses, and
the license numbers of the purchasers of such alcoholic beverages,
together with the quantities involved in such purchases, whether the
same shall be sold within or without the state. Each sale shall be
recorded separately on a numbered invoice, which shall have printed
thereon the number, the name of the licensee, the address of the
licensed premises, and the current license number. Such manufacturer
shall deliver to the purchaser a true duplicate invoice stating the name
and address of the purchaser, the quantity of alcoholic beverages,
description by brands and the price of such alcoholic beverages, and a
true, accurate and complete statement of the terms and conditions on
which such sale is made. Any terms and conditions of a sale not stated
on said invoice shall constitute a service within the meaning of
paragraph (c) of subdivision one of section one hundred one of this
article. Such books, records and invoices shall be kept for a period of
two years and shall be available for inspection by any authorized
representative of the liquor authority. Provided, however, that any
books and records required by this chapter to be maintained by a winery,
farm winery, special winery, special farm winery or microwinery must be
kept either upon the licensed premises or such other location as may be
approved by the authority.
8. No manufacturer shall furnish or cause to be furnished to any
licensee, any exterior or interior sign, printed, painted, electric or
otherwise, except as authorized by the liquor authority.
9. Nothing contained in this chapter shall prohibit a brewer from
manufacturing, bottling or storing non-alcoholic carbonated beverages on
the licensed premises provided such business was conducted by the
licensee prior to July first, nineteen hundred thirty-nine.
10. Nothing shall prohibit a licensed manufacturer, in accordance with
their license, from entering into a contract with a brand owner's
licensee pursuant to section sixty-one-c of this chapter.
Provisions governing wholesalers. 1. (a) No wholesaler shall
be engaged in any other business on the premises to be licensed; except
that nothing contained in this chapter shall: (1) prohibit a beer
wholesaler from (i) acquiring, storing or selling non-alcoholic snack
foods, as defined in paragraph (b) of this subdivision, (ii)
manufacturing, bottling, storing, or selling non-alcoholic carbonated
beverages, (iii) manufacturing, storing or selling non-alcoholic
non-carbonated soft drinks, mineral waters, spring waters, drinking
water, non-taxable malt or cereal beverages, juice drinks, fruit or
vegetable juices, ice, liquid beverage mixes and dry or frozen beverage
mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
promotional items on such premises, or (vi) the sale of tobacco products
at retail by wholesalers who are licensed to sell beer and other
products at retail; (2) prohibit a wholesaler authorized to sell wine
from manufacturing, acquiring or selling wine merchandise, as defined in
paragraph (d) of this subdivision; (3) prohibit a licensed winery or
licensed farm winery from engaging in the business of a wine wholesaler
for New York state labeled wines produced by any licensed winery or
licensed farm winery or prohibit such wine wholesaler from exercising
any of its rights pursuant to sections seventy-six and seventy-six-a of
this chapter provided that the operation of such beer and wine
wholesalers business shall be subject to such rules and regulations as
the liquor authority may prescribe; (4) prohibit a beer wholesaler who
is authorized to sell beer at retail from selling at retail: (i) candy,
chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
and picnic-related products and supplies, which shall include, but not
be limited to, charcoal, grills, propane gas, plastic and paper cups,
paper or plastic tablecloths and coolers; (v) beer making and brewing
supplies and publications, which shall include, but not be limited to,
books, magazines, equipment and ingredients; (vi) steins, mugs and other
glassware appropriate for the consumption of beer, malt beverages and
wine products; (vii) items typically used to serve beer and malt
beverages including, but not limited to, taps, kegerators, koozies and
beer socks; (viii) lemons, limes and oranges, provided that no more than
two dozen of each shall be displayed at any one time; (ix) rock salt,
ice and snow melting compounds, snow shovels; windshield washer solvent;
firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
telephone cards; (5) prohibit the installation and operation of a single
automated teller machine in the premises of a beer wholesaler who is
authorized to sell beer at retail; or (6) prohibit a liquor or a wine
wholesaler from transporting or selling gifts or promotional items
associated with wine or liquor products as provided for in subdivision
four of section sixty-three of this chapter. For the purposes of this
subdivision, "automated teller machine" means a device which is linked
to the accounts and records of a banking institution and which enables
consumers to carry out banking transactions, including but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries and
loan payments.
(b) "Non-alcoholic snack foods" as used in paragraph (a) of this
subdivision shall include ready to eat finger foods ordinarily intended
to be served cold or at room temperature, such as nut and seed meats,
cooked pork rinds, pretzels, popped corn and a variety of other similar
finger foods which are prepared from high-starch and/or cellulosic
edible materials.
(c) "Promotional items" are items which bear advertising information,
are of nominal value, are obtained by a licensee through a supplier of
alcoholic beverages and are designated and designed for unconditional
sale or distribution to the public. The sale or distribution of
promotional items shall be incidental to the licensee's sale of
alcoholic beverages. All promotional items shall be properly invoiced.
(d) "Wine merchandise" as used in paragraph (a) of this subdivision
shall include corkscrews, ice, the sale of publications, including
prerecorded video and/or audio cassette tapes, designed to help educate
consumers in their knowledge and appreciation of wine and wine products,
as defined in section three of this chapter, or the sale of glasses
designed for the consumption of wine, racks designed for the storage of
wine, and devices designed to minimize oxidation in bottles of wine
which have been uncorked.
2. No wholesaler shall sell, or agree to sell or deliver in the state
any liquors and/or wines, as the case may be, in any cask, barrel, keg,
hogshead or other container, except in a sealed package containing
quantities in accordance with federal size standards adopted pursuant to
the federal alcohol administration act, as amended (27 U.S.C. 201 et.
seq.); provided, however, that wholesalers may store, warehouse or keep
off the licensed premises any liquors and/or wines in bulk for sale to a
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use. Such containers shall have affixed thereto
such labels as may be required by the rules of the liquor authority,
together with all necessary federal revenue and New York state excise
tax stamps, as required by law.
3. Each wholesaler shall have painted on the front window of the
licensed premises, or if there be no window, on a sign affixed to the
front of the building containing said licensed premises, the name of the
licensee together with the inscription, "New York State wholesale beer,
liquor or wine license number ________________"; as the case may be, in
uniform letters not less than three and one-half inches in height.
5. No wholesaler shall transport alcoholic beverages in any vehicle
owned and operated or hired and operated by such wholesaler, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee, together with the
following inscription: "New York State wholesale beer, liquor or wine
license number ................. , " as the case may be, in uniform
letters not less than three and one-half inches in height. In lieu of
such sign, a wholesaler may have in the cab of such vehicle a
photostatic copy of its current license issued by the authority, and
such copy duly authenticated by the authority.
6. No wholesaler shall deliver any alcoholic beverages, except in
vehicles owned and operated by such wholesaler, or hired and operated by
such wholesaler from a trucking or transportation company registered
with the liquor authority, and shall only make deliveries at the
licensed premises of the purchaser.
10. Each wholesaler shall keep and maintain upon the licensed
premises, adequate books and records of all transactions involving the
business transacted by such wholesaler, which shall show the amount of
alcoholic beverages in gallons, purchased by such wholesaler together
with the names, license numbers and places of business of the persons
from whom the same was purchased and the amount involved in such
purchases, as well as the amount of alcoholic beverages, in gallons,
sold by such wholesaler together with the names, addresses, and license
numbers of such purchasers whether the same shall be purchased or sold
within or without the state. Each sale shall be recorded separately on a
numbered invoice, which shall have printed thereon the number, the name
of the licensee, the address of the licensed premises, and the current
license number. Such wholesaler shall deliver to the purchaser a true
duplicate invoice stating the name and address of the purchaser, the
quantity of alcoholic beverages, description by brands and the price of
such alcoholic beverages, and a true, accurate and complete statement of
the terms and conditions on which such sale is made. Any terms and
conditions of a sale not stated on said invoice shall constitute a
service within the meaning of section one hundred and one, subdivision
one (c) of this chapter. Such books, records and invoices shall be kept
for a period of two years and shall be available for inspection by any
authorized representative of the liquor authority.
11. No wholesaler shall furnish or cause to be furnished to any
licensee, any exterior or interior sign, printed, painted, electric or
otherwise, unless authorized by the liquor authority.
12. (a) Notwithstanding any provision of law to the contrary, no
wholesaler shall assess any fee for attorney fees and costs, and
breakage fees upon any New York state licensed retailer.
(b) No wholesaler shall assess any split-case fees or any other fees
upon any New York state licensed retailer if such fee does not comply
with the rules and regulations promulgated by the authority.
(c) The state liquor authority shall have the authority to promulgate
rules and regulations on the assessment of split case fees and any other
fees not otherwise prohibited by law, and may impose such limitations,
conditions, and record keeping requirements it deems appropriate on such
split case fees or any other fees.
Provisions governing vendors. 1. No sign, of any kind,
printed, painted, or electric, advertising any brand of beer shall be
permitted on the exterior or interior of such premises, except by
permission of the liquor authority.
2. No vendor shall transport beer in any vehicle owned and operated or
hired and operated by such vendor, for off-premises consumption, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee together with the
following inscription, "New York State Beer Vendor's License No.
......... , " as the case may be, in uniform letters not less than three
and one-half inches in height. In lieu of such sign, a vendor may have
in the cab of such vehicle a photostatic copy of its current license
issued by the authority, and such copy duly authenticated by the
authority.
3. No vendor for off-premises consumption shall sell or deliver to any
person beer in excess of five gallons at one and at the same time.
4. Each vendor for off-premises consumption shall keep and maintain
upon the licensed premises, adequate books and records of all
transactions involving the business transacted by such vendor, which
shall show the amount of beer purchased by such licensee together with
the names, license numbers and places of business of the persons from
whom the same was purchased, and the amount involved in such purchases,
as well as the amount of beer sold by such vendor, and the amount
involved in each sale. Such books and records shall be available for
inspection by any authorized representative of the liquor authority.
Provisions governing licensees to sell at retail for
consumption off the premises. 1. No retail license to sell liquors
and/or wines for consumption off the premises shall be granted for any
premises, unless the applicant shall be the owner thereof, or shall be
in possession of said premises under a lease, management agreement or
other agreement giving the applicant control over the food and beverage
service at the premises, in writing, for a term not less than the
license period except, however, that such license may thereafter be
renewed without the requirement of a lease, management agreement or
other agreement giving the applicant control over the food and beverage
service at the premises, as herein provided. This subdivision shall not
apply to premises leased from government agencies, as defined under
subdivision twelve-c of section three of this chapter; provided,
however, that the appropriate administrator of such government agency
provides some form of written documentation regarding the terms of
occupancy under which the applicant is leasing said premises from the
government agency for presentation to the state liquor authority at the
time of the license application. Such documentation shall include the
terms of occupancy between the applicant and the government agency,
including, but not limited to, any short-term leasing agreements or
written occupancy agreements.
2. (a) Notwithstanding any provision of this chapter to the contrary,
a retail licensee to sell liquor and/or wine for consumption off the
premises shall be authorized to sell up to six bottles of wine or liquor
in the aggregate per week to a retail licensee for on-premises
consumption.
(b) Both the retail licensee for on-premises consumption and the
retail licensee for off-premises consumption shall retain evidence of
each purchase of wine and liquor from a retailer licensed to sell liquor
and/or wine for consumption off the premises in the form of a purchase
receipt showing the name of the retailer, the date of purchase, a
description of the alcohol beverages purchased, and the price paid for
the alcohol beverages. The retail licensee for on-premises consumption
and the retail licensee for off-premises consumption shall retain the
receipt and make it available for inspection by the state liquor
authority and its duly authorized agents and employees.
3. (a) No retail license to sell liquor and/or wine for off-premises
consumption shall be granted for any premises which shall be located on
the same street or avenue, and within two hundred feet of a building
occupied exclusively as a school, church, synagogue or other place of
worship; the measurements to be taken in a straight line from the center
of the nearest entrance to the building used for such school, church,
synagogue or other place of worship to the center of the nearest
entrance of the premises to be licensed; except, however, that no
license shall be denied to any premises at which a license under this
chapter has been in existence continuously from a date prior to the date
when a building on the same street or avenue and within two hundred feet
of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place of worship, and to
patrons or guests of the premises proposed to be licensed, except that
where a school or house of worship is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an "entrance".
(c) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious
organizations which conducts services at the place of worship or other
not-for-profit organizations or groups; the use of the building by other
religious organizations or groups for religious services or other
purposes; the conduct of social activities by or for the benefit of the
congregants; the use of the building for meetings held by organizations
or groups providing bereavement counseling to persons having suffered
the loss of a loved one, or providing advice or support for conditions
or diseases including, but not limited to, alcoholism, drug addiction,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
use of the building for blood drives, health screenings, health
information meetings, yoga classes, exercise classes or other activities
intended to promote the health of the congregants or other persons; and
use of the building by non-congregant members of the community for
private social functions. The building occupied as a place of worship
does not cease to be "exclusively" occupied as a place of worship where
the not-for-profit religious organization occupying the place of worship
accepts the payment of funds to defray costs related to another party's
use of the building.
(d) The provisions of this subdivision shall not apply to premises
located wholly within the boundaries of the county of Warren, bounded
and described as follows:
ALL THAT CERTAIN LOT OR PARCEL OF LAND situate in the City of Glens
Falls, County of Warren, New York, bounded and described as follows:
Beginning at the intersection of the southwesterly side of Glen Street
with the northwesterly side of South Street and running thence along the
southwesterly side of Glen Street north 51 degrees 51 minutes west
sixty-five and fifty-two one hundredths feet (65.52) to premises now or
formerly owned by Daniel L. Robertson, being the store lot formerly
owned by Ruliff Kipp; thence south 38 degrees 9 minutes west along the
southeasterly side of said Robertson lot nine and fifty-eight one
hundredths feet (9.58) to a point at the southeasterly corner of the
foundation of the building on said Robertson property and at the
northeasterly corner of the foundation of the building on the premises
herein described and continuing on the same course and along the said
southeasterly side of said Robertson lot one hundred ten and thirty-nine
one-hundredths feet (110.39) (said course being in all one hundred
nineteen and ninety-seven one hundredths feet (119.97) to the
northeasterly line of the premises formerly owned by Colvin & Parks upon
which is constructed the Empire Theatre; thence along said northeasterly
line of said Colvin & Parks (now Empire Theatre Lot) south 48 degrees 2
minutes east eighteen and thirty-five one-hundredths feet (18.35) to an
angle point in said property line of lands formerly of Colvin & Parks
(now Empire Theatre Lot) which point is north 58 degrees 32 minutes west
sixty-two and seventy-four one-hundredths feet (62.74) from the
northwesterly side of South Street; thence continuing along the
northeasterly line of said Colvin & Parks (now Empire Theatre Lot) south
58 degrees 32 minutes east sixty-two and seventy-four one-hundredths
feet (62.74) to the northwesterly side of South Street and to a point 12
feet measured along said northwesterly side of South Street from the
southeasterly corner of the foundation of the building on said premises
herein described (formerly American Hotel and later Hotel Ruliff and now
Plaza Hotel); thence along the said northwesterly side of said South
Street north 30 degrees 36 minutes east one hundred fourteen and
ninety-one hundredths feet (114.90) to the point or place of beginning.
"Reserving, however, the right of way between the said Colvin & Parks
line and the said Plaza Hotel Building and along the northerly line of
said Colvin & Parks property sufficient for teams to pass through and
for all pedestrians seeking ingress and egress from said Colvin & Parks
land which right of way shall not be obstructed or built over by the
owner of the premises herein described, its successors or assigns."
Excepting and reserving from the foregoing, the underground passageway
or vault, located in the alley extending westerly from South Street in
said City of Glens Falls, beside the building located on the lands now
or formerly of Empire Real Estate & Theatre Co., as described in a deed
from J.E. Bennett and Nicholas Kakoulis to New York Power and Light
Corporation, dated the 13th day of November, 1942 and recorded in the
Warren County Clerk's Office on the 16th day of January, 1943 in Book
223 of Deeds at page 535, together with the rights of way and easements
therein provided.
5. No retail licensee of liquor and/or wine for off-premises
consumption shall keep upon the licensed premises any liquors and/or
wines in any cask, barrel, keg, hogshead or other container, except in
the original sealed package, as received from the manufacturer or
wholesaler. Such containers shall have affixed thereto such labels as
may be required by the rules of the liquor authority, together with all
necessary federal revenue and New York state excise tax stamps, as
required by law. Such containers shall not be opened nor its contents
consumed on the premises where sold, except for the purpose of wine
tasting or sampling by any person pursuant to authorization to conduct
such a sampling or tasting pursuant to subdivision three of section
seventy-six of this chapter except those to whom sales are prohibited in
section sixty-five of this chapter. The provisions of this subdivision
shall not prohibit a licensed winery or farm winery from selling or
delivering wine to a consumer for off-premises consumption in a
container not to exceed four liters in capacity that shall have a
temporarily secured seal for purposes of removing the wine from the
premises.
6. Each person licensed to sell liquor and/or wine for off-premises
consumption shall have painted on the front window of the licensed
premises, the name of the licensee together with the inscription, "New
York State Retail Liquor or Wine Store License No. .........," as the
case may be, in uniform letters not less than three and one-half inches
in height.
7. No sign of any kind printed, painted or electric, advertising any
brand of liquors or wines shall be permitted on the exterior or interior
of such premises, except by permission of the liquor authority.
8. No retail licensee, for off-premises consumption, shall transport
liquors or wines in any vehicle owned and operated or hired and operated
by such retail licensee, for off-premises consumption, except liquors
and wines transported to the home of a purchaser not to be resold by the
purchaser, unless there shall be attached to or inscribed upon both
sides of such vehicle a sign, showing the name and address of the
licensee together with the following inscription, "New York State Retail
Liquor or Wine Store License No. . . . . . . . . . ," as the case may
be, in uniform letters not less than three and one-half inches in
height, except deliveries may be made in passenger type vehicles owned
by the licensee and operated by the licensee or his agent, or hired by
the licensee and operated by the licensee or his agent, provided the
person making the delivery shall have upon his person while so
delivering a photostatic copy of the current license issued by the
authority. In lieu of such sign, a retail licensee may have in the cab
of such vehicle a photostatic copy of its current license issued by the
authority, and such copy duly authenticated by the authority.
9. No retail licensee for off-premises consumption shall deliver any
liquors or wines except in vehicles owned and operated by such licensee,
or hired and operated by such licensee from a trucking or transportation
company registered with the liquor authority, and shall only make such
deliveries at the premises of the purchaser.
10. (a) Each retail licensee of liquor and/or wine for off-premises
consumption shall have conspicuously displayed within the interior of
the licensed premises where sales are made and where it can be readily
inspected by consumers a printed price list of the liquors and/or wines
offered for sale therein; and no liquor and/or wine shall be sold except
at the price set forth in such list;
(b) No screen, blind, curtain, partition, article or thing shall be
permitted in the windows or upon the doors of such licensed premises,
which shall prevent a clear view into the interior of such licensed
premises from the sidewalk, at all times; and
(c) No booth, screen, partition or other obstruction shall be
permitted in the interior of said licensed premises.
11. No retail licensee of liquor and/or wine for off-premises
consumption shall keep or permit to be kept upon the licensed premises,
any liquors and/or wines in any unsealed bottle or other unsealed
container, except for the purpose of wine tasting or sampling by any
person pursuant to authorization to conduct such a sampling or tasting
pursuant to subdivision three of section seventy-six of this chapter
except those to whom sales are prohibited in section sixty-five of this
chapter. The provisions of this subdivision shall not prohibit a
licensed winery or farm winery from selling or delivering wine to a
consumer for off-premises consumption in a container not to exceed four
liters in capacity that shall have a temporarily secured seal for
purposes of removing the wine from the premises.
12. No retail licensee of liquor and/or wine for off-premises
consumption shall sell or deliver any liquors and/or wines to any person
with knowledge of, or with reasonable cause to believe, that the person
to whom such liquors and/or wines are so sold or delivered, has acquired
the same for the purpose of peddling them from place to place, or of
selling or giving them away in violation of the provisions of this
chapter or in violation of the rules and regulations of the liquor
authority.
14. (a) No premises licensed to sell liquor and/or wine for
off-premises consumption shall be permitted to remain open:
(i) On Sunday before ten o'clock ante meridian and after ten o'clock
post meridian.
(ii) On any day between midnight and eight o'clock antemeridian.
In any community where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this subdivision.
(b) This subdivision shall only be interpreted to prohibit the sale of
liquor and/or wine for off-premises consumption when it is closed to the
public, provided however, retail licensees may undertake all other
activities allowed during the course of normal business operations
including but not limited to:
(i) placing orders with or taking deliveries from wholesalers;
(ii) meeting with individuals who have valid solicitors permits issued
by the liquor authority;
(iii) stocking shelves;
(iv) filling or building displays; and
(v) rotating product on store shelves.
15. Each retail licensee for off-premises consumption shall keep and
maintain upon the licensed premises, adequate books and records of all
transactions involving the business transacted by such licensee, which
shall show the amount of liquors and wines, purchased by such licensee
together with the names, license numbers and places of business of the
persons from whom the same were purchased, and the amount involved in
such purchases, as well as the amount of liquors or wines, sold by such
licensee, and the amount involved in each sale. Such books and records
shall be available for inspection by any authorized representative of
the liquor authority.
16. No retail licensee to sell liquors and/or wines for off-premises
consumption shall be interested, directly or indirectly, in any premises
where liquors, wines or beer are manufactured or sold at wholesale or
any other premises where liquor or wine is sold at retail for
off-premises consumption, by stock ownership, interlocking directors,
mortgage or lien on any personal or real property or by any other means.
Any lien, mortgage or other interest or estate, however, now held by
such retailer on or in the personal or real property of such
manufacturer or wholesaler, which mortgage, lien, interest or estate was
acquired on or before December thirty-first, nineteen hundred
thirty-two, shall not be included within the provisions of this
subdivision; provided, however, the burden of establishing the time of
the accrual of the interest comprehended by this subdivision, shall be
upon the person who claims to be entitled to the protection and
exemption afforded hereby.
17. No retail licensee for off-premises consumption shall make or
cause to be made any loan to any person engaged in the manufacture or
sale of liquors, wines or beer at wholesale. No retail licensee to sell
liquors and/or wines for off-premises consumption shall make or cause to
be made any loan to any person engaged in the manufacture or sale of
liquors, wines or beer at wholesale or to any person engaged in the sale
of liquors and/or wines at retail for off-premises consumption.
18. A drug store holding a permit to sell liquors and/or wines for
off-premises consumption pursuant to this chapter shall be subject to
the following conditions:
(a) Liquors and/or wines sold by it shall not be consumed on the
premises where sold or in any outbuilding, yard, booth or garden
appertaining thereto or connected therewith.
(b) Such permittee shall keep and maintain upon the licensed premises,
adequate books and records, which shall show the amount of liquors and
wines, in gallons, purchased by such permittee together with the names,
license numbers and places of business, of the persons from whom the
same were purchased and the amount involved in such purchases, which
books and records shall be available for inspection by any authorized
representative of the liquor authority.
(c) No liquor or wine shall be displayed in any window of the premises
designated in the drug store permit.
(d) No drug store permittee shall use any placard or card advertising
the sale of any liquor or wine unless such card, placard or
advertisement shall conspicuously state that the sale of liquor or wine
in the said premises designated in the drug store permit is limited to
medicinal liquor to be sold by prescription only.
20. Each retail licensee of liquor and/or wine shall designate the
price of each item of liquor or wine by attaching to or otherwise
displaying immediately adjacent to each such item displayed in the
interior of the licensed premises where sales are made a price tag, sign
or placard setting forth the bottle price at which each such item is
offered for sale therein.
21. No retail license to sell liquor and/or wine for consumption off
the premises shall be granted for any public billiard or pocket billiard
room, or for establishments of any description in which billiards is
played or which maintains any apparatus or paraphernalia for the playing
of billiards or pocket billiards and is conducted as a public place of
business for profit. Notwithstanding any prohibition to the contrary, a
license may be issued to an establishment wherein billiards or pocket
billiards are played or may be played on a table which measures not more
than three feet by six feet provided that not more than two such tables
are in the establishment at any one time and further provided that the
cue sticks used, and available for use, are made of light plexiglass or
some similar light material.
22. No person licensed to sell alcoholic beverages at retail for
off-premises consumption, shall suffer or permit any gambling, or offer
any gambling on the licensed premises, or suffer or permit illicit drug
activity on the licensed premises. The use of the licensed premises or
any part thereof for the sale of lottery tickets, when duly authorized
and lawfully conducted thereon, shall not constitute gambling within the
meaning of this subdivision.
23. All premises licensed under sections fifty-four, fifty-four-a,
sixty-three and seventy-nine of this chapter shall be subject to
inspection by any peace officer described in subdivision four of section
2.10 of the criminal procedure law acting pursuant to his special
duties, or police officer or any duly authorized representative of the
state liquor authority, during the hours when the said premises are open
for the transaction of business.
24. The provisions of subdivisions sixteen and seventeen of this
section shall not apply to any interest in a wholesale premise outside
the United States, held by any business or entity located on any parcel
of land, situate, lying and being in the Borough of Manhattan, City,
County and State of New York, bounded and described as follows:
Beginning at a point on the southerly side of 72nd Street distant 179
feet easterly from the southerly corner of Amsterdam Avenue and 72nd
Street; Running thence southerly and parallel with the easterly side of
Amsterdam Avenue 102 feet 2 inches to the center line of the block;
Thence easterly and parallel with the southerly side of 72nd Street 21
feet; Thence northerly and parallel with the easterly side of Amsterdam
Avenue and part of the distance through a party wall 102 feet 2 inches
to the southerly side of 72nd Street; Thence westerly along the
southerly side of 72nd Street 21 feet to the point or place of
Beginning.
* 25. (a) The provisions of subdivisions sixteen and seventeen of this
section shall not apply to any interest in a manufacturer inside or
outside the United States, held by any business or entity located on any
parcels of land in the Borough and County of the Bronx, City and State
of New York, bounded and described as follows:
Parcel A: Beginning at a point within block 1044, lot 15, said point
being distant the following four (4) courses from the point formed by
the intersection of the westerly line of Baretto street (60 feet wide)
with the northerly line of Lafayette (100 feet wide); Along said
westerly line of Baretto street, north 41 degrees 26 minutes 45 seconds
west, a distance of 197.70 feet to an angle point therein, thence;
Continuing along said line of Baretto street, north 53 degrees 34
minutes 00 seconds west, a distance of 14.21 feet to a point, thence;
Through block 2739, lot 15, south 55 degrees 00 minutes 00 seconds west,
a distance of 75.72 feet to a point, thence; Continuing through block
2739, lot 15, south 10 degrees 00 minutes 00 seconds west, a distance of
8.19 feet to the point and place of beginning, thence; From said point
of beginning the following four courses; South 35 degrees 00 minutes 00
seconds east, a distance of 42.59 feet to a point, thence; south 55
Degrees 00 minutes 00 seconds west, a distance of 18.44 feet to a point,
thence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.59
feet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a
distance of 18.44 feet to the point of beginning. Containing within said
bounds 785 square feet or 0.0180 AC.
Parcel B: Beginning at a point within block 1044, lot 15, said point
being distant the following four (4) courses from the point formed by
the intersection of the westerly line of Baretto street (60 feet wide)
with the northerly line of Lafayette (100 feet wide); Along said
westerly line of Baretto Street, North 41 degrees 26 minutes 45 seconds
west, a distance of 197.70 feet to an angle point therein, thence;
Continuing along said line of Baretto street, North 53 degrees 34
minutes 00 seconds west, a distance of 14.21 feet to a point, thence;
Through block 2739, lot 15, South 55 degrees 00 minutes 00 seconds west,
a distance of 142.85 feet to a point, thence; Continuing through block
2739, lot 15, South 10 degrees 00 minutes 00 seconds west, a distance of
8.19 feet to the point and place of beginning, thence; From said point
of beginning the following four courses; South 35 degrees 00 minutes 00
seconds east, a distance of 42.02 feet to a point, thence; south 55
Degrees 00 minutes 00 seconds west, a distance of 40.86 feet to a point,
thence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.02
feet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a
distance of 40.86 feet to the point of beginning. Containing within said
bounds 1,717 square feet or 0.0394 AC.
(b) Provided, however, that with respect to such retail licensee's
interest in a business engaged in the manufacture of alcoholic beverages
described in subdivision sixteen or seventeen of this section:
(i) such interest shall have been acquired prior to the effective date
of this subdivision; and
(ii) such retail licensee shall not purchase alcoholic beverages
directly from any such manufacturer.
* NB Repealed upon certain provisions (see chapter 362 of 2024 § 2)
Posting of certain signs. 1. The authority shall prepare,
have printed and distribute across the state to all persons with a
license to sell any alcoholic beverage for consumption on the premises
or a license to sell any alcoholic beverage for consumption off the
premises, a sign or poster with conspicuous lettering that states:
"Government Warning: According to the Surgeon General, women should not
drink alcoholic beverages during pregnancy because of the risk of birth
defects". Such sign or poster must have conspicuous lettering in at
least seventy-two point bold face type that states the warning set forth
in this subdivision, except that such sign or poster shall be captioned
with the word "warning" in at least two inch lettering.
2. All persons with a license to sell any alcoholic beverage for
consumption on the premises or a license to sell any alcoholic beverage
for consumption off the premises shall display in a conspicuous place
the sign or poster upon receiving it from the authority. Such sign shall
be placed as close as possible to the place where alcoholic beverages
are sold.
3. Any person with such license who violates the provisions of this
section shall be subject to a civil penalty, not to exceed one hundred
dollars for each day of violation.
4. Compliance with the provisions of any local law requiring the
posting of signs containing warnings regarding alcoholic beverages
enacted on or before the date on which the provisions of this section
shall have become a law, shall be deemed to be in compliance with the
provisions of this section. Nothing contained herein, however, shall be
deemed to exempt any licensee not otherwise subject to the provisions of
any such local law from complying with the provisions of this section.
Provisions governing licensees to sell at retail for
consumption on the premises. 1. No retail license for on-premises
consumption shall be granted for any premises, unless the applicant
shall be the owner thereof, or shall be in possession of said premises
under a lease, management agreement or other agreement giving the
applicant control over the food and beverage at the premises, in
writing, for a term not less than the license period except, however,
that such license may thereafter be renewed without the requirement of a
lease, management agreement or other agreement giving the applicant
control over the food and beverage at the premises, as herein provided.
This subdivision shall not apply to premises leased from government
agencies, as defined under subdivision twelve-c of section three of this
chapter; provided, however, that the appropriate administrator of such
government agency provides some form of written documentation regarding
the terms of occupancy under which the applicant is leasing said
premises from the government agency for presentation to the state liquor
authority at the time of the license application. Such documentation
shall include the terms of occupancy between the applicant and the
government agency, including, but not limited to, any short-term leasing
agreements or written occupancy agreements.
2. (a) No retail licensee for on-premises consumption, except
corporations operating railroad cars or aircraft being operated on
regularly scheduled flights by a United States certificated airline or
persons or corporations operating a hotel, as defined in subdivision
fourteen of section three of this chapter, for exclusive use in the
furnishing of room service in the manner prescribed by rule or
regulation of the state liquor authority, shall keep upon the licensed
premises any liquors and/or wines in any cask, barrel, keg, hogshead or
other container, except in the original sealed package as received from
the manufacturer or wholesaler. Such containers shall have affixed
thereto such labels as may be required by the rules of the liquor
authority, together with all necessary federal revenue and New York
state excise stamps as required by law. No retail licensee for
on-premises consumption shall reuse, refill, tamper with, intentionally
adulterate, dilute or fortify the contents of any container of alcoholic
beverages as received from the manufacturer or wholesaler.
(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a retail licensee for on-premises consumption may prepare
and keep drinks containing alcoholic beverages in dispensing machines,
having capacities of not less than a gallon, which continually mix such
drinks or utilizing a pressurized mixing and dispensing system.
* 2-a. (a) Notwithstanding any provision of law to the contrary, in
addition to any other privilege provided under this chapter, any retail
license that allows for liquor and/or wine sale for on-premises
consumption shall also include the privilege to sell for take-out and
delivery, any product it may otherwise sell at retail, subject to the
following conditions:
(i) any purchase for take-out or delivery must be accompanied by a
purchase of a substantial food item;
(ii) the alcoholic beverages are packaged in a container with a secure
lid or cap sealed in a manner designed to prevent consumption without
removal of the lid or cap by breaking the seal;
(iii) beverages purchased for take-out or delivery are subject to any
applicable state and municipal open container laws, rules, regulations,
or ordinances;
(iv) takeout and delivery of alcoholic beverages may only occur during
licensed hours of operation of on premises retailers in the county in
which the licensed premises are located or, if different, the hours of
operation set forth in the licensee's method of operation with the
authority;
(v) the price per serving shall be the same as if consumed on premises
and shall not be sold as part of any promotion or special unless such
promotion or special is also available for consumption on premises; and
further provided each serving shall be available only in the same manner
as available on premises;
(vi) the licensee shall not sell for take-out, or deliver, any bottles
of liquor or bottles of wine;
(vii) the licensee shall not advertise or promote the sale of full
bottles of wine or liquor for off-premises consumption; and
(viii) the licensee shall not display full bottles of wine or liquor
for the purpose of promoting the sale of such products for off-premises
consumption.
(b) Deliveries made via motor vehicle shall only be made in (i) a
vehicle permitted by the authority pursuant to section ninety-four of
this chapter, or (ii) in a vehicle owned and operated, or hired and
operated, by the licensee or its employee pursuant to section one
hundred sixteen of this article; provided deliveries may be made
utilizing the vehicle of an employee of the licensee, and provided
further that a copy of the permit or license must be present in any
vehicle while making deliveries. Delivery must be to a residential
address, and may not be delivered except to a person twenty-one years of
age or older at that residence who is not at the time of delivery
intoxicated. Delivery drivers shall require a recipient, at the delivery
address, upon delivery, to demonstrate that the recipient is at least
twenty-one years of age by providing a valid form of photographic
identification authorized by section sixty-five-b of this chapter.
(c) Nothing in this subdivision shall be construed to change the
existing privilege of a retail licensee for on-premises consumption to
sell beer, cider, or mead for consumption off the premises as currently
provided for in this chapter. Provided, further, that nothing contained
in this subdivision shall be deemed to supersede the provisions of
section one thousand two hundred twenty-seven of the vehicle and traffic
law.
(d) The authority may promulgate guidance, rules and regulations
necessary to implement the provisions of this subdivision.
(e) The authority may, on its own initiative or on complaint of any
person, institute proceedings to suspend or revoke a licensee's ability
to sell alcoholic beverages for takeout or delivery pursuant to this
subdivision after a hearing, in accordance with section one hundred
nineteen of this article, at which such licensee shall be given an
opportunity to be heard. Such proceedings and such hearing shall be held
in such manner and upon such notice as may be prescribed by the rules of
the authority.
* NB Repealed April 9, 2030
2-b. Notwithstanding any provision of this chapter to the contrary, a
retail licensee for on-premises consumption shall be authorized to
purchase up to six bottles of wine or liquor in the aggregate per week
from an off-premises retail licensee, and may resell any wine and liquor
so purchased for consumption on the premises licensed therefor.
3. No retail licensee for on-premises consumption shall sell, deliver
or give away, or cause or permit or procure to be sold, delivered or
given away any liquors and/or wines for consumption off the premises
where sold. The provisions of this subdivision shall not prohibit a
licensed winery or farm winery from allowing a patron to leave the
winery or farm winery with a partially consumed bottle of wine provided
that the removal of the bottle is done in accordance with subdivision
four of section eighty-one of this chapter.
4. (a) No liquors and/or wines shall be sold or served in premises
licensed under section sixty-four or clause (a) of subdivision six of
section sixty-four-a of this chapter, except at tables where food may be
served and except as provided by subdivision four of section one
hundred.
(b) No liquors and/or wines shall be sold or served in premises
licensed under clause (b) of subdivision six of section sixty-four-a of
this chapter, except at such times and upon such conditions and by the
use of such facilities as the liquor authority, by regulation, may
prescribe with due regard to the convenience of the public and the
strict avoidance of sales prohibited by this chapter.
4-a. No beer shall be sold or served at a bar, counter or other
similar contrivance unless a card, sign or plate, visible to the
customer, upon which the name of the brewer is conspicuously and legibly
displayed, is annexed or affixed to the tap or faucet from which the
beer is drawn.
* 5. No alcoholic beverages shall be sold, offered for sale or given
away upon any premises licensed to sell alcoholic beverages at retail
for on-premises consumption, during the following hours:
(a) Except as provided in paragraph (c) of this subdivision, on
Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to
a permit issued under section ninety-nine-h or subdivision five of
section ninety-seven of this chapter.
(b) Except as provided in paragraph (c) of this subdivision, on any
other day between four ante meridiem and eight ante meridiem.
(c) On any day between three ante meridian and six ante meridian, for
a premises located within an international airport owned or operated by
the Port Authority of New York and New Jersey. The provisions of this
paragraph shall not be subject to change pursuant to subdivision eleven
of section seventeen of this chapter.
Unless otherwise approved by the authority pursuant to subdivision
eleven of section seventeen of this chapter, where any rule has been
adopted in a county on or before April first, nineteen hundred
ninety-five, further restricting the hours of sale for alcoholic
beverages, such restricted hours shall be the hours, during which the
sale of alcoholic beverages at retail for on-premises consumption shall
not be permitted within such county; provided, however, that for the
period commencing on June eleventh, two thousand twenty-six and ending
on July twentieth, two thousand twenty-six, any on-premises consumption
licensee may sell or offer for sale alcoholic beverages in accordance
with the provisions of paragraphs (a) and (b) of this subdivision
notwithstanding the fact that a county may have previously imposed more
restrictive hours of operation within the county. This change in hours
shall not apply in any case where the authority may have imposed more
restrictive hours as a condition of a license.
Nor shall any person be permitted to consume any alcoholic beverages
upon any such premises later than one-half hour after the start of the
prohibited hours of sale provided for in this section.
* NB Effective until July 21, 2026
* 5. No alcoholic beverages shall be sold, offered for sale or given
away upon any premises licensed to sell alcoholic beverages at retail
for on-premises consumption, during the following hours:
(a) Except as provided in paragraph (c) of this subdivision, on
Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to
a permit issued under section ninety-nine-h or subdivision five of
section ninety-seven of this chapter.
(b) Except as provided in paragraph (c) of this subdivision, on any
other day between four ante meridiem and eight ante meridiem.
(c) On any day between three ante meridian and six ante meridian, for
a premises located within an international airport owned or operated by
the Port Authority of New York and New Jersey. The provisions of this
paragraph shall not be subject to change pursuant to subdivision eleven
of section seventeen of this chapter.
Unless otherwise approved by the authority pursuant to subdivision
eleven of section seventeen of this chapter, where any rule has been
adopted in a county on or before April first, nineteen hundred
ninety-five, further restricting the hours of sale for alcoholic
beverages, such restricted hours shall be the hours, during which the
sale of alcoholic beverages at retail for on-premises consumption shall
not be permitted within such county.
Nor shall any person be permitted to consume any alcoholic beverages
upon any such premises later than one-half hour after the start of the
prohibited hours of sale provided for in this section.
* NB Effective July 21, 2026
6. No person licensed to sell alcoholic beverages shall suffer or
permit any gambling on the licensed premises, or suffer or permit such
premises to become disorderly. The use of the licensed premises, or any
part thereof, for the sale of lottery tickets, playing of bingo or games
of chance, or as a simulcast facility or simulcast theater pursuant to
the racing, pari-mutuel wagering and breeding law, when duly authorized
and lawfully conducted thereon, shall not constitute gambling within the
meaning of this subdivision.
6-a. No retail licensee for on-premises consumption shall suffer or
permit any person to appear on licensed premises in such manner or
attire as to expose to view any portion of the pubic area, anus, vulva
or genitals, or any simulation thereof, nor shall suffer or permit any
female to appear on licensed premises in such manner or attire as to
expose to view any portion of the breast below the top of the areola, or
any simulation thereof.
6-b. No retail licensee for on-premises consumption shall suffer or
permit any contest or promotion which endangers the health, safety, and
welfare of any person with dwarfism. Any retail licensee in violation of
this section shall be subject to the suspension or revocation of said
licensee's license to sell alcoholic beverages for on-premises
consumption. For the purposes of this section, the term "dwarfism" means
a condition of being abnormally small which is caused by heredity,
endocrine dysfunction, renal insufficiency or deficiency or skeletal
diseases that result in disproportionate short stature and adult height
of less than four feet ten inches.
6-c. (a) No retail licensee for on-premises consumption shall suffer,
permit or promote an event on its premises wherein the contestants
deliver, or are not forbidden by the applicable rules thereof from
delivering kicks, punches or blows of any kind to the body of an
opponent or opponents, whether or not the event consists of a
professional match or exhibition, and whether or not the event or any
such act, or both, is done for compensation.
(b) The prohibition contained in paragraph (a) of this subdivision,
however, shall not be applied to any authorized combative sport.
(c) In addition to any other penalty provided by law, a violation of
this subdivision shall constitute an adequate ground for instituting a
proceeding to suspend, cancel or revoke the license of the violator in
accordance with the applicable procedures specified in section one
hundred nineteen of this article.
7. Except where a permit to do so is obtained pursuant to section
405.10 of the penal law, no retail licensee for on-premises consumption
shall suffer, permit, or promote an event on its premises wherein any
person shall use, explode, or cause to explode, any fireworks or other
pyrotechnics in a building as defined in paragraph e of subdivision one
of section 405.10 of the penal law, that is covered by such retail
license or possess such fireworks or pyrotechnics for such purpose. In
addition to any other penalty provided by law, a violation of this
subdivision shall constitute an adequate ground for instituting a
proceeding to suspend, cancel, or revoke the license of the violator in
accordance with the applicable procedures specified in section one
hundred nineteen of this article. Provided however, if more than one
retail licensee is participating in a single event, upon approval by the
authority, only one retail licensee must obtain such permit.
8. A club or a luncheon club licensed to sell alcoholic beverages for
on-premises consumption shall be permitted to sell such beverages only
to its members and to their guests accompanying them.
9. No restaurant and no premises licensed to sell liquors and/or wines
for on-premises consumption under clause (a) of subdivision six of
section sixty-four-a of this chapter shall be permitted to have any
opening or means of entrance or passageway for persons or things between
the licensed premises and any other room or place in the building
containing the licensed premises, or any adjoining or abutting premises,
unless such licensed premises are in a building used as a hotel and
serves as a dining room for guests of such hotel, or unless such
premises are a bona fide restaurant with such access for patrons and
guests from any part of such building or adjoining or abutting premises
as shall serve public convenience in a reasonable and suitable manner;
or unless such licensed premises are in a building owned or operated by
any county, town, city, village or public authority or agency, in a park
or other similar place of public accommodation. All glass in any window
or door on said licensed premises shall be clear and shall not be
opaque, colored, stained or frosted.
10. A vessel licensed to sell liquors and/or wines for on-premises
consumption shall not be permitted to sell any liquors and/or wines,
while said vessel is moored to a pier or dock, except that vessels
sailing on established schedules shall be permitted to sell liquors
and/or wines for a period of three hours prior to the regular advertised
sailing time.
11. A railroad car or aircraft being operated on regularly scheduled
flights by a United States certificated airline licensed to sell liquors
and/or wines for on-premises consumption shall be permitted to sell
liquors and/or wines only to passengers and while in actual transit,
except that a railroad operating licensed cars shall be allowed to sell
liquors and/or wines from portable carts located on station platforms
located at Penn Station, Grand Central Station, Jamaica, Hunterspoint
Avenue or Flatbush from which such licensed railroad cars depart.
12. Each retail licensee for on-premises consumption shall keep and
maintain upon the licensed premises, adequate records of all
transactions involving the business transacted by such licensee which
shall show the amount of alcoholic beverages, in gallons, purchased by
such licensee together with the names, license numbers and places of
business of the persons from whom the same were purchased, the amount
involved in such purchases, as well as the sales of alcoholic beverages
made by such licensee. The liquor authority is hereby authorized to
promulgate rules and regulations permitting an on-premises licensee
operating two or more premises separately licensed to sell alcoholic
beverages for on-premises consumption to inaugurate or retain in this
state methods or practices of centralized accounting, bookkeeping,
control records, reporting, billing, invoicing or payment respecting
purchases, sales or deliveries of alcoholic beverages, or methods and
practices of centralized receipt or storage of alcoholic beverages
within this state without segregation or earmarking for any such
separately licensed premises, wherever such methods and practices assure
the availability, at such licensee's central or main office in this
state, of data reasonably needed for the enforcement of this chapter.
Such records shall be available for inspection by any authorized
representative of the liquor authority.
13. (a) No retail licensee for on-premises consumption shall be
interested, directly or indirectly, in any premises where liquors, wines
or beer are manufactured or sold at wholesale, by stock ownership,
interlocking directors, mortgage or lien on any personal or real
property or by any other means, except that liquors, wines or beer may
be manufactured or sold wholesale by the person licensed as a
manufacturer or wholesaler thereof:
(i) on real property owned by an interstate railroad corporation or a
United States certificated airline with a retail license for on-premises
consumption; or
(ii) on premises or with respect to a business constituting an
overnight lodging and resort facility located wholly within the
boundaries of the town of North Elba, county of Essex, township eleven,
Richard's survey, great lot numbers two hundred seventy-eight, two
hundred seventy-nine, two hundred eight, two hundred ninety-eight, two
hundred ninety-nine, three hundred, three hundred eighteen, three
hundred nineteen, three hundred twenty, three hundred thirty-five and
three hundred thirty-six, and township twelve, Thorn's survey, great lot
numbers one hundred six and one hundred thirteen, as shown on the
Adirondack map, compiled by the conservation department of the state of
New York - nineteen hundred sixty-four edition, in the Essex county
atlas at page twenty-seven in the Essex county clerk's office,
Elizabethtown, New York, provided that such facility maintains not less
than two hundred fifty rooms and suites for overnight lodging; or
(iii) on premises or with respect to the operation of a restaurant in
an office building located in a city having a population of five hundred
thousand or more and in which is located the licensed premises of such
manufacturer or wholesaler, provided that the building, the interior of
the retail premise and the rental therefor fully comply with the
criteria set forth in paragraph two of subdivision three of section one
hundred one of this article; or
(iv) any such premises or business located on that tract or parcel of
land, or any subdivision thereof, situate in the Village of Lake Placid,
Town of North Elba, Essex County, New York; it being also a part of Lot
No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being
also all of Lot No. 23 and part of Lot No. 22 as shown and designated on
a certain map entitled "Map of Building Sites for Sale by B.R. Brewster"
made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain
map of lands of Robert J. Mahoney and wife made by G.C. Sylvester, P.E.
& L.S. # 21300, dated August 4, 1964, and filed in the Essex County
Clerk's Office on August 27, 1964, and more particularly bounded and
described as follows; BEGINNING at the intersection of the northerly
bounds of Shore Drive (formerly Mirror Street) with the westerly bounds
of Park Place (formerly Rider Street) which point is also the northeast
corner of Lot No. 23, from thence South 21Á50' East in the westerly
bounds of Park Place a distance of 119 feet, more or less, to a lead
plug in the edge of the sidewalk marking the southeast corner of Lot No.
23 and the northeast corner of Lot No. 24; from thence South 68Á00'50"
West a distance of 50.05 feet to an iron pipe set in concrete at the
corner of Lots 23 and 22; from thence South 65Á10'50" West a distance of
7.94 feet along the south line of Lot No. 22 to an iron pipe for a
corner; from thence North 23Á21'40" West and at 17.84 feet along said
line passing over a drill hole in a concrete sidewalk, and at 68.04 feet
further along said line passing over an iron pipe at the southerly edge
of another sidewalk, and at 1.22 feet further along said line passing
over another drill hole in a sidewalk, a total distance of 119 feet,
more or less, to the northerly line of Lot No. 22; from thence easterly
in the northerly line of Lot 22 and 23 to the northeast corner of Lot
No. 23 and the point of beginning. Also including the lands to the
center of Shore Drive included between the northerly straight line
continuation of the side lines of the above described parcel, and to the
center of Park Place, where they abut the above described premises
SUBJECT to the use thereof for street purposes. Being the same premises
conveyed by Morestuff, Inc. to Madeline Sellers by deed dated June 30,
1992, recorded in the Essex County Clerk's Office on July 10, 1992 in
Book 1017 of Deeds at Page 318; or
(v) any such premises or business located on that certain piece or
parcel of land, or any subdivision thereof, situate, lying and being in
the Town of Plattsburgh, County of Clinton, State of New York and being
more particularly bounded and described as follows: Starting at an iron
pipe found in the easterly bounds of the highway known as the Old
Military Turnpike, said iron pipe being located 910.39 feet
southeasterly, as measured along the easterly bounds of said highway,
from the southerly bounds of the roadway known as Industrial Parkway
West, THENCE running S 31Á 54' 33" E along the easterly bounds of said
Old Military Turnpike Extension, 239.88 feet to a point marking the
beginning of a curve concave to the west; thence southerly along said
curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe found
marking the point of beginning for the parcel herein being described,
said point also marked the southerly corner of lands of Larry Garrow, et
al, as described in Book 938 of Deeds at page 224; thence N 07Á 45' 4" E
along the easterly bounds of said Garrow, 748.16 feet to a 3"x4"
concrete monument marking the northeasterly corner of said Garrow, the
northwesterly corner of the parcel herein being described and said
monument also marking the southerly bounds of lands of Salerno Plastic
Corp. as described in Book 926 of Deeds at Page 186; thence S 81Á 45'
28" E along a portion of the southerly bounds of said Salerno Plastic
Corp., 441.32 feet to an iron pin found marking the northeasterly corner
of the parcel herein being described and also marking the northwest
corner of the remaining lands now or formerly owned by said Marx and
Delaura; thence S 07Á 45' 40" W along the Westerly bounds of lands now
of formerly of said Marx and DeLaura and along the easterly bounds of
the parcel herein being described, 560.49 feet to an iron pin; thence N
83Á 43' 21" W along a portion of the remaining lands of said Marx and
DeLaura, 41.51 feet to an iron pin; thence S 08Á 31' 30" W, along a
portion of the remaining lands of said Marx and Delaura, 75.01 feet to
an iron pin marking northeasterly corner of lands currently owned by the
Joint Council for Economic Opportunity of Plattsburgh and Clinton
County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82Á
20' 32" W along a portion of the northerly bounds of said J.C.E.O.,
173.50 feet to an iron pin; thence 61Á 21' 12" W, continuing along a
portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron
pin; thence S 07Á 45' 42" W along the westerly bounds of said J.C.E.O.,
50 feet to an iron pin; thence S 66Á 48' 56" W along a portion of the
northerly bounds of remaining lands of said Marx and DeLaura, 100.00
feet to an iron pipe found on the easterly bounds of the aforesaid
highway, said from pipe also being located on a curve concave to the
west; thence running and running northerly along the easterly bounds of
the aforesaid highway and being along said curve, with the curve having
a radius of 987.93 feet, 60.00 feet to the point of beginning and
containing 6.905 acres of land. Being the same premises as conveyed to
Ronald Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
as agent of the administrator, U.S. Small Business Administration, an
agency of the United States Government dated September 10, 2001 and
recorded in the office of the Clinton County Clerk on September 21, 2001
as Instrument #135020; or
(vi) any such premises or businesses located on that certain plot,
piece or parcel of land, situate, lying and being in the Second Ward of
the City of Schenectady, on the Northerly side of Union Street, bounded
and described as follows: to wit; Beginning at the Southeasterly corner
of the lands lately owned by Elisha L. Freeman and now by Albert Shear;
and running from thence Easterly along the line of Union Street, 44 feet
to the lands now owned by or in the possession of James G. Van Vorst;
thence Northerly in a straight line along the last mentioned lands and
the lands of the late John Lake, 102 feet to the lands of one Miss
Rodgers; thence Westerly along the line of the last mentioned lands of
said Rodgers to the lands of the said Shear; and thence Southerly along
the lands of said Shear 101 feet, 6 inches to Union Street, the place of
beginning.
Also all that tract or parcel of land, with the buildings thereon,
situate in the City of Schenectady, County of Schenectady, and State of
New York, situate in the First, formerly the Second Ward of the said
City, on the Northerly side of Union Street, which was conveyed by
William Meeker and wife to Elisha L. Freeman by deed dated the second
day of December 1843, and recorded in the Clerk's Office of Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said deed is bounded and described as follows: Beginning at a point in
the Northerly line of Union Street where it is intersected by the
Easterly line of property numbered 235 Union Street, which is hereby
conveyed, and running thence Northerly along the Easterly line of said
property, One Hundred Forty and Five-tenths (140.5) feet to a point
sixteen (16) feet Southerly from the Southerly line of the new garage
built upon land adjoining on the North; thence Westerly parallel with
said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly
One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
of Union Street; thence Easterly along the Northerly margin of Union
Street, about Forty-eight and three-tenths (48.3) feet to the point or
place of beginning.
The two above parcels are together more particularly described as
follows:
All that parcel of land in the City of Schenectady beginning at a
point in the northerly margin of Union Street at the southwesterly
corner of lands now or formerly of Friedman (Deed Book 636 at page 423)
which point is about 60 feet westerly of the westerly line of North
College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
southeasterly corner of other lands now or formerly of Friedman (Deed
Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
southwesterly corner of lands now or formerly of Stockade Associates
(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
lands now or formerly at McCarthy (Deed Book 1129 at page 281); thence
along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly
corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
still along lands of SONYMA and lands now or formerly of Magee (Deed
Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a corner;
thence still along lands of Magee and Lands of Friedman first above
mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
Excepting and reserving all that portion of the above parcel lying
easterly of a line described as follows:
All that tract or parcel of land, situated in the City of Schenectady
and County of Schenectady and State of New York, on the Northerly side
of Union Street bounded and described as follows:
Beginning at a point in the northerly line of Union Street, said point
being in the division line between lands now or formerly of Electric
Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
under Will of Ruth F. Wexler (Street number 241 Union Street) on the
East; thence North 03 deg. 04' 10" East, along the building known as
Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
North 88 deg. 45' 45" West, along said building and building eve, a
distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,
along said building eve of Street No. 241 Union Street, a distance of
32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,
a distance of 1.2 feet to an intersection of building corner of Street
No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"
East, along said brick wall, a distance of 14.47 feet to a point in the
corner of the brick wall, thence South 86 deg. 46' 45" East along said
brick wall a distance of 4.42 feet to the intersection of brick wall
with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of
0.62 feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
Also all that tract or parcel of land commonly known as the Union
Street School, located on the Northeasterly corner of Union and North
College Streets in the First Ward of the City and County of Schenectady
and State of New York, more particularly bounded and described as
follows: Beginning at a point in the Northerly street line of Union
Street where it is intersected by the Easterly street line of North
College Street, and runs thence Northerly along the Easterly street line
of North College Street, one hundred seven and five-tenths (107.5) feet
to a point, thence easterly at an angle of ninety (90) degrees, one
hundred ninety-one and seventy-five hundredths (191.75) feet to a point
in the Northwesterly street line of Erie Boulevard thence southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred
twenty-three and eight-tenths (123.8) feet to its intersection with the
Northerly street line of Union Street; thence Westerly along the
Northerly street line of Union Street, one hundred twenty-four and
fifty-five hundredths (124.55) feet to the point or place of beginning.
The above described parcel of property includes the Blue Line parcel
of land, which is a portion of the abandoned Erie Canal Lands, located
in the First Ward of the City of Schenectady, New York, and which Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth in the above described premises and the Northeasterly lot line of
the old Union Street School as it runs parallel with the Northwesterly
line of Erie Boulevard as aforesaid.
The two above parcels are together more particularly described as
follows: All that parcel of land in the City of Schenectady beginning at
a point in the northerly margin of Union Street and the northwesterly
margin of Erie Boulevard and runs thence along Union Street N. 86 deg.
42' 20" W. 124.55 feet to the easterly margin of North College Street;
thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
191.75 feet to the northwesterly margin of Erie Boulevard; thence along
Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of
beginning;
(vii) any such premises or businesses located on that tract or parcel
of land situate in the Town of Hopewell, Ontario County, State of New
York, bounded and described as follows: Commencing at a 5/8" rebar found
on the division line between lands now or formerly of Ontario County -
Finger Lakes Community College (Liber 698 of Deeds, Page 466) on the
north and lands now or formerly of James W. Baird (Liber 768 of Deeds,
Page 1109) on the south; thence, North 43Á-33'-40" West, on said
division line, a distance of 77.32 feet to the Point of Beginning.
Thence, North 43Á-33'-40" West, continuing on said division line and
through said lands of Ontario County, a distance of 520.45 feet to a
point on the southeasterly edge of an existing concrete pad; thence,
South 74Á-19'-53" West, along said edge of concrete and the projection
thereof, a distance of 198.78 feet to a point on the easterly edge of
pavement of an existing campus drive; thence, the following two (2)
courses and distances along said edge of pavement: Northeasterly on a
curve to the left having a radius of 2221.65 feet, a chord bearing of
North 30Á-16'-39" East, a chord distance of 280.79, a central angle of
07Á-14'-47", a length of 280.98 feet to a point of reverse curvature;
thence, Northeasterly on a curve to the right having a radius of 843.42
feet, a chord bearing of North 45Á-25'-09" East, a chord distance of
534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a
point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the
corner of the property acquired by Ontario County (Liber 766 of Deeds,
Page 1112), as shown on a map recorded in the Ontario County Clerk's
Office as Map No. 6313; thence, the following four (4) courses and
distances along said property line: South 30Á-04'-59" East, a distance
of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of
147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of
200.93 feet to a point; thence, South 23Á-48'-53" West, along said
property line, and the projection thereof, through the first said lands
of Ontario County - Finger Lakes Community College (Liber 698 of Deeds,
Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel
containing 7.834 acres, more or less, as shown on a map entitled
"Proposed Lease Area - Friends of the Finger Lakes Performing Arts
Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,
dated June 10, 2005, last revised August 17, 2005. The related PAC
Properties are shown on the Map denominated "FLCC Campus Property, FLPAC
Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the
Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
at page 9 and are comprised of the areas separately labeled as Parking
Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
Entry Roads;
(viii) any such premises or businesses located on all that certain
piece or parcel of land situate in the City of Syracuse, County of
Onondaga, State of New York, lying generally Northwesterly of the West
Hiawatha Boulevard, and generally Northeasterly of the New York State
Barge Canal, being a portion of Lot 11I and Lot 11J of the Carousel
Center Subdivision as shown on a resubdivision plan of the Carousel
Center Subdivision filed as Map No. 8743 in the Onondaga County Clerk's
Office, and as of May 20, 2014 identified as space L323 in a lease
between the liquor license applicant and property owner and on the third
level of the shopping center thereon, such shopping center land being
more particularly bounded and described as follows:
BEGINNING at the point of the intersection of the division line
between the Northeasterly boundary of the New York State Barge Canal,
Syracuse Terminal designated as "Parcel No. T-111" on the Southwest and
Lot 11I of the Carousel Center Subdivision on the Northeast with the
Northwesterly boundary of West Hiawatha Boulevard; thence North 50 deg.
26 min. 28 sec. West, along said division line, 690.72 feet; to a point;
thence through Lot 11I and 11J of said subdivision the following
thirty-five (35) courses and distances:
1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;
2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;
3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;
4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;
5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;
6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;
7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;
8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;
9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;
10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;
11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;
12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;
13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;
14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;
15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;
16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;
17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;
18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;
19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;
20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;
21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;
22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;
23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;
24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;
25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;
26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;
27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;
28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;
29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;
30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;
31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;
32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;
33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;
34) Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;
and
35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to a point
on the westerly right of way line of Interstate Route 81, Thence along
the westerly and southwesterly right of way line of Interstate Route 81,
in a generally southeasterly direction, the following seven (7) courses
and distances:
1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;
2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;
3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;
4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;
5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;
6) Thence South 42 deg. 27 min. 42 sec. East 58.65 feet to a point;
and
7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its
intersection with lands appropriated by the People of the State of New
York described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686
and Book 5274 of Deeds at Page 836; Thence along the bounds of said Map
1401 Parcel 1831 the following fifteen (15) courses and distances:
1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence
2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence
3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence
4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence
5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence
6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence
7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence
8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence
9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence
10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence
11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence
12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence
13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence
14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and
15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with
the northerly bounds of Map 1402 Parcel 1836 of said appropriation;
Thence along the bounds of Map 1402 Parcel 1836 as described in Book
5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the
following three (3) courses and distances:
1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence
2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and
3) North 07 deg. 40 min. 37 sec. East 70.35 feet to its intersection
with the bounds of the hereinabove described Map 1401 Parcel 1831;
Thence along the bounds of said Map 1401 Parcel 1831 the following ten
(10) courses and distances:
1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence
2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence
3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence
4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence
5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence
6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence
7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence
8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence
9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and
10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its intersection
with the division line between Lot 11J on the Northwest and the lands
now or formerly of Woodstead Enterprises Co. as described in Book 3530
of Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown
and Oswego Railroad Company via Letters Patent, Book 292, Page 264);
thence South 28 deg. 12 min. 27 sec. West along said division line and
along the Northwesterly boundary of West Hiawatha Boulevard in part,
36.93 feet to its point of intersection with Northeasterly boundary of
West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along
said Northeasterly boundary 158.30 feet to its point of intersection
with the Northwesterly boundary of said West Hiawatha Boulevard; thence
West along said Northwesterly boundary the following three (3) courses:
1) South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)
South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and 3) South
23 deg. 40 min. 55 sec. West 220.04 feet to its point of intersection
with Southwesterly boundary of West Hiawatha Boulevard; thence South 49
deg. 30 min. 46 sec. East along said Southwesterly boundary, 0.30 feet
to its point of intersection with the first hereinabove described
Northwesterly boundary of West Hiawatha Boulevard; thence South 40 deg.
26 min. 20 sec. West, along said Northwesterly boundary, 98.08 feet to
its point of intersection with the division line between Lot 11J on the
Northeast and Lot 11H of the Carousel Center Subdivision on the
Southwest; thence North 50 deg. 25 min. 12 sec. West, along said
division line, 147.85 feet to the Northwest corner of Lot 11H; thence
South 40 deg. 26 min. 20 sec. West 217.47 feet to the Southwest corner
of lot 11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a
point on the first hereinabove described Northwesterly boundary of West
Hiawatha Boulevard; thence along said Northwesterly boundary of West
Hiawatha Boulevard the following two (2) courses: 1) South 40 deg. 26
min. 20 sec. West 17.66 feet to a point; and 2) South 43 deg. 01 min. 50
sec. West 468.25 feet to the point of beginning.
Excepting the following piece or parcel of land appropriated by the
People of the State of New York described as Map 1401 Parcel 1832 in
Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836:
Commencing at the southwest corner of herein above described Map 1402
Parcel 1836 said point having a proceeding course of South 07 deg. 40
min. 17 sec. West 70.35 feet in the premises describe hereinabove;
thence North 13 deg. 18 min. 48 sec. West 138.17 feet to the southeast
corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401
Parcel 1832 the following four (4) courses and distances:
1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence
2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence
3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and
4) South 07 deg. 53 min. 54 sec. West 353.36 feet to the point of
beginning; or such premises or businesses located on that tract or
parcel of land situate lying and being in the Town of Oneonta, County of
Otsego and State of New York and being a portion of Otsego County Tax
Map Department Parcel Number 287.00-1-33 and bounded and described as
follows: Beginning at a point 2.12 feet off the northeasterly corner of
a one story building on the lands, now or formerly, of Abner Doubleday,
LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and
Brenda Patton, which point lies N 87Á55'13" W a distance of 149.37' from
the northeast corner of the Patton lands; thence N 74Á30'18" W a
distance of 51.50 feet to a point; thence S 15Á29'42" W a distance of
2.00 feet to a point; thence N 74Á30'18" W a distance of 14.00 feet to a
point; thence S 15Á29'42" W a distance of 19.20 feet to a point; thence
S 74Á30'18" E a distance of 14.20 feet to a point; thence S 15Á29'42" W
a distance of 4.20 feet; thence S 74Á30'18" E a distance of 51.30 feet
to a point; thence N 15Á29'42" E a distance of 25.40 feet to a point to
the point and place of beginning; or
(ix) on premises or with respect to a business constituting the
overnight lodging facility located wholly within the boundaries of that
tract or parcel of land situated in the borough of Manhattan, city and
county of New York, beginning at a point on the northerly side of west
fifty-fourth street at a point one hundred feet easterly from the
intersection of the said northerly side of west fifty-fourth street and
the easterly side of seventh avenue; running thence northerly and
parallel with the easterly side of seventh avenue one hundred feet five
inches to the center line of the block; running thence easterly and
parallel with the northerly side of west fifty-fourth street and along
the center line of the block fifty feet to a point; running thence
northerly and parallel with the easterly side of seventh avenue one
hundred feet five inches to the southerly side of west fifty-fifth
street at a point distant one hundred fifty feet easterly from the
intersection of the said southerly side of west fifty-fifth street and
the easterly side of seventh avenue; running thence easterly along the
southerly side of west fifty-fifth street thirty-one feet three inches
to a point; running thence southerly and parallel with the easterly side
of the seventh avenue one hundred feet five inches to the center line of
the block; running thence easterly along the center line of the block
and parallel with the southerly side of west fifty-fifth street, one
hundred feet; running thence northerly and parallel with the easterly
side of seventh avenue one hundred feet five inches to the southerly
side of west fifty-fifth street; running thence easterly along the
southerly side of west fifty-fifth street twenty-one feet ten and
one-half inches to a point; running thence southerly and parallel with
the easterly side of seventh avenue one hundred feet five inches to the
center line of the block; running thence westerly along the center line
of the block and parallel with the northerly side of west fifty-fourth
street three feet one and one-half inches; running thence southerly and
parallel with the easterly side of seventh avenue one hundred feet five
inches to the northerly side of west fifty-fourth street at a point
distant three hundred feet easterly from the intersection of the said
northerly side of west fifty-fourth street and the easterly side of
seventh avenue; running thence westerly and along the northerly side of
west fifty-fourth street two hundred feet to the point or place of
beginning, provided that such facility maintains not less than four
hundred guest rooms and suites for overnight lodging; or
(x) on such premises or business located on any of the following four
parcels:
Parcel A
any such premises or business constituting the overnight lodging and
resort facility located wholly within the boundaries of the Village of
Altmar, County of Oswego, Great Lot 19 beginning at a point on
centerline of Pulaski Street at its intersection with the division line
between the lands now or formerly of Altmar Parish Williamstown Central
School District (APW CSD) as described in Book 378 of Deeds at Page 118
on the northwest and the lands now or formerly of Tostanoski as
described in Book 1356 of Deeds at Page 55 on the southeast; Thence
along said centerline the following two (2) courses: 1) North 37 deg. 35
min. 00 sec. West, a distance of 803.88 ft. to a point and 2). North 45
deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its intersection
with the division line between the said lands of APW CSD on the
southeast and the lands now or formerly of Hayward as described in Book
894 of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence
North 23 deg. 48 min. 43 sec. East along said division, a distance of
131.66 ft. to its intersection with the division line between the said
lands of APW CSD on the north and the said lands of Hayward on the
south; Thence South 73 deg. 16 min. 17 sec. West along the said division
line, a distance of 131.66 ft. to its intersection with the division
line between the said lands of APW CSD and the lands now or formerly of
National Grid as described in Book 282 of Deeds at Page 552; Thence
along said division line to the following six (6) courses: 1) North 23
deg. 43 min. 38 sec. East, a distance of 158.73 ft. to a point; thence
2) North 83 deg. 39 min. 24 sec. West, a distance of 190.48 ft. to a
point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15
ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance
of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a
distance of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.
East, a distance of +/- 522 ft. to its intersection with the center of
Salmon River; Thence upstream along said center, and in a generally
southerly direction, a distance of +/- 1,455 ft. to its intersection
with the division line between the said lands of APW CSD on the
northwest and the lands now or formerly of Bennett as described in Book
927 of Deeds at Page 65 on the southeast; Thence South 52 deg. 19 min.
00 sec. West along said division line, a distance of +/- 170 ft. to a
point; Thence South 52 deg. 19 min. 00 sec. West, continuing along said
division line, a distance of 400.00 ft. to its intersection with the
centerline of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West
along said centerline, a distance of 53.65 ft. to its intersection with
the division line between the said lands of APW CSD on the southeast and
the lands now or formerly of Pfluger as described in Book 922 of Deeds
at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec. East
along said division line, a distance of 330.00 ft. to its intersection
with the division line between the said lands of APW CSD on the
northeast and the said lands of Pfluger, the lands now or formerly of
Endsley as described in Book 1520 of Deeds at page 5, and the
hereinabove said lands of Tostanoski, in part by each, on the southwest;
Thence North 37 deg. 35 min. 00 sec. West along said division line, a
distance of 247.50 ft. to its intersection with the division line
between the said lands of APW CSD on the northwest and the said lands of
Tostanoski on the southeast; Thence South 52 deg. 25 min. 000 sec. West
along said division line, a distance of 330.00 ft. to the POINT OF
BEGINNING; or
Parcel B
any such premises or business constituting the overnight lodging and
resort facility located wholly within the boundaries of that tract or
parcel of land situate in the city of Syracuse, County of Onondaga and
State of New York, being part of Block 366 in said City and more
particularly bounded and described as follows: beginning at a point at
the intersection of the southerly line of East Genesee Street with the
westerly line of University Avenue; running thence: South 00Á 30' 30"
West, along said Westerly line of University Avenue, a distance of 75.16
feet to a point therein; Thence North 89Á 49' 00" West, a distance of
140.00 feet to a point; thence South 00Á 30' 30" West, a distance of
271.55 feet to a point; Thence North 89Á 49' 00" West, a distance of
103.01 feet to a point; Thence South 00Á 11' 00" West, a distance of
132.00 feet to a point in the northerly line of Madison Street; Thence
North 89Á 49' 0" West along said northerly line, a distance of 141.36
feet to a point; Thence North 00Á 25' 10" East, a distance of 50 feet to
a point in the westerly line of Farm Lot 200 of the Salt Springs
Reservation; Thence North 03Á 26' 10" West along said westerly line, a
distance of 415.12 feet to a point in the southerly line of East Genesee
Street; Thence North 88Á 11' 00" East, along said southerly line, a
distance of 412.50 feet to the point of beginning. The premises are also
described as follows: All that tract or parcel of land, situate in the
City of Syracuse, County of Onondaga and State of New York, being known
as new Lot 1A as is more particularly shown on a Resubdivision Map of
Part of Block 366 made by Christopherson Land Surveying and filed in the
Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or
Parcel C
any such premises or business constituting the overnight lodging and
resort facility located wholly within the boundaries of all that tract
or parcel of land situate in the city of Syracuse, County of Onondaga
and State of New York, being a part of Lots 200 and 201, Lots 2, 6, and
7, Block 368 in the City of Syracuse and being further described as
follows: Beginning at a drill hole set at the intersection of the
easterly street margin of South Crouse Avenue and the southerly street
margin of Harrison Street; Thence S. 89Á 51' 36" E. (S 89Á 49' 40" E
measured), along the southerly street margin of Harrison Street, a
distance of 395.30 feet to a capped iron rod set at the westerly line of
a parcel of land conveyed to Syracuse University; Thence S. 00Á 28' 34"
W. (S 00Á 30' 30" W measured), along the westerly line of those parcels
of land conveyed to Syracuse University, a distance of 132.00 feet to a
capped iron rod set; Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W
measured), along the northerly line of a parcel of land conveyed to
Syracuse University, a distance of 132.00 feet to a capped iron rod set;
Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W measured), along the northerly
line of a parcel of land conveyed to Syracuse University, a distance of
66.00 feet to a capped iron rod set; Thence S. 00Á 28' 34" W. (S 00Á 30'
30" W measured), along the westerly line of that Syracuse University
Property, a distance of 71.25 feet to a capped iron rod set; Thence N
89Á 55' 36" W. (89Á 53' 39" W measured), a distance of 130.40 feet to a
capped iron rod set at the easterly line of that parcel of land conveyed
to Crouse Health Systems, Inc. by deed recorded in the Onondaga County
Clerk's Office in Liber 4800 at Page 730; Thence N. 03Á 44' 23" W. (03Á
42' 26" W measured), along the easterly line of the Crouse Health
System, Inc. property, a distance of 37.99 feet to a magnetic nail set
at the northeast corner of the aforementioned Crouse Health System,
Inc.; Thence N. 89Á 51' 36' W. (N 89Á 49' 40" W measured), along the
northerly line of the Crouse Health System, Inc. Property, a distance of
195.85 feet to a capped iron rod set at the easterly street margin of
South Crouse Avenue; Thence N. 00Á 23' 14" E. (N 00Á 25' 10" E
measured), along the easterly street margin of South Crouse Avenue, a
distance of 165.50 feet to the point of beginning. Together with all the
right, title and interest in and to strops and gores of land, if any,
adjoining or adjacent to said premises and to the lands lying in the bed
of any street, road land or right of way, as they now exist, or formerly
existed in, in front of, or adjoining the premises above described or
used in connection with said above described premises. Containing 1.55
acres of land more or less. It being the intent of this survey
description to describe those parcels of land conveyed by Temple Adath
Yeshurun, also known as the Congregation Adath Yeshurun, to the Syracuse
Urban Renewal Agency, by a Warranty Deed dated September 21, 1972, that
was duly recorded in the Onondaga County Clerk's Office on October 10,
1972 in Deed Book 2486 at Page 1137. Being a portion of the premises
conveyed at Hotel Skylar, LLC, f/k/a 908 Harrison St., LLC, by deed
dated June 5, 2007, and recorded in the Onondaga County Clerk's Office
on June 14, 2007 in Deed Book 04998 at Page 0795 (Instrument: 0687909);
or
Parcel D
any such premises or business constituting the overnight lodging and
resort facility located wholly within the boundaries of all that tract
or parcel of land situate in the city of Syracuse, County of Onondaga,
being part of Lots 13, 14 and 15 of Block 233 in said City, more
particularly bounded and described as follows: beginning at a point in
the northerly line of East Genesee Street, a distance of 232.5 feet
easterly, measured along said northerly line, from the easterly line of
Almond Street; Running thence the following 8 courses and distances:
(1.) S 89Á 30' 50"E, along said northerly line of East Genesee Street, a
distance of 109.5 feet; (2.) N 00Á 20' E, parallel with said easterly
line of Almond Street, a distance of 158.69 feet to the southerly line
of Orange Alley; (3.) N 89Á 30' 50" W, along said southerly line of
Orange Alley, a distance of 66 feet to a point; (4.) N 00Á 20' E,
parallel with said easterly line of Almond Street, 20 feet to the
northerly line of Orange Alley; (5.) N 89Á 30' 50" W, along said
northerly line of Orange Alley, a distance of 9 feet; (6.) S 00Á 20' W,
parallel with said easterly line of Almond Street, a distance of 13.5
feet to a point; (7.) N 89Á 30' 50" W, parallel with the aforesaid
northerly line of East Genesee Street, a distance of 3 feet to a point;
and, (8.) S 00Á 20' W, parallel with said easterly line of Almond
Street, a distance of 165.19 feet to the point of beginning, containing
17,781+/- sq. ft. (0.41+/- Acres of Land) and; Parcel II (#716-718 East
Fayette Street), All that tract or parcel of land situate in the City of
Syracuse, County of Onondaga and State of New York, being Lot 3 and part
of lots 4 and 9 of Block 233 beginning in the southerly line of East
Fayette Street, a distance of 132 feet westerly, measured along said
southerly line, from the westerly line of Forman Avenue; Running thence
the following 4 courses and distances: (1.) N 89Á 30' 50" W, along said
southerly line of East Fayette Street, a distance of 97 feet; (2.) S 00Á
20' 20" W, parallel with said westerly line of Forman Avenue, a distance
of 178.69 feet to the northerly line of Orange Alley; (3.) S 89Á 30' 50"
E, along said northerly line of Orange Alley, a distance of 97 feet to a
point; and, (4.) N 00Á 20' 10" E, parallel with said westerly line of
Forman Avenue, a distance of 178.69 feet to the point of beginning; or
(xi) with respect to any premises or business located on all that
certain parcel of land situate in the City of Peekskill, County of
Westchester and State of New York, that is a portion of Parcel I as it
is shown on that certain map entitled, "Survey .. at Charles Point.."
which was filed in the Westchester County Clerk's Office on October 23,
1980 as Map No. 20407 that is bounded and described as follows:
BEGINNING at a point on the easterly shoreline of the Hudson River and
within the bounds of the said Parcel I as it is shown on the said Filed
Map No. 20407, which point occupies coordinate position:
North 464418.83 (y)
East 607401.00 (x)
of the New York State Coordinate System, East Zone and which point is
distant, the following courses from the southerly corner of the Parcel
shown on Map No. 20407 that occupies coordinate position
North 463520.804 (y)
East 608470.681 (x)
of the aforesaid New York State Coordinate System, East Zone:
North 47 degrees 30' 36" West 856.60 feet,
North 77 degrees 10' 53" West 488.18 feet,
North 41 degrees 17' 53" West 113.32 feet and
North 41 degrees 50' 16" East 169.08 feet;
THENCE from the said point of beginning along the said easterly
shoreline (high water mark) of the east bank of the Hudson River:
Due North 16.17 feet,
North 53 degrees 58' 22" West 13.60 feet,
North 73 degrees 04' 21" West 24.04 feet,
North 63 degrees 26' 06" West 22.36 feet,
North 82 degrees 18' 14" West 37.34 feet,
North 64 degrees 47' 56" West 37.58 feet,
South 82 degrees 52' 30" West 16.12 feet,
North 61 degrees 41' 57" West 14.76 feet and
South 21 degrees 48' 05" West 9.71 feet;
THENCE leaving the high water mark and running across a peninsula of
land and along the division line between Parcel I and Parcel II as shown
on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
another point on the said easterly shoreline (high water mark) of the
East Bank of the Hudson River;
THENCE northerly along the said high water mark, the following
courses:
North 3 degrees 00' 46" West 17.54 feet,
North 13 degrees 45' 39" West 50.45 feet,
North 10 degrees 49' 23" West 69.23 feet,
North 0 degrees 47' 22" West 52.48 feet to a point which is the point
of beginning of the hereinafter described 40 foot easement which point
occupies coordinate position
North 464676.48 (y)
East 607189.28 (x)
of the New York State Coordinate System, East Zone;
THENCE continuing along the aforesaid easterly shoreline (high water
mark) of the East Bank of the Hudson, the following courses:
North 10 degrees 18' 17" West 23.91 feet,
North 39 degrees 04' 58" West 21.39 feet,
North 20 degrees 13' 30" West 21.74 feet,
North 39 degrees 02' 08" West 95.27 feet,
North 13 degrees 08' 02" West 30.81 feet,
North 18 degrees 26' 06" West 53.76 feet,
North 28 degrees 10' 43" West 63.53 feet,
North 18 degrees 26' 06" West 50.60 feet,
North 37 degrees 14' 05" West 31.40 feet,
North 21 degrees 15' 02" West 96.57 feet,
North 32 degrees 00' 19" West 47.17 feet,
North 1 degree 18' 07" West 44.01 feet and
North 17 degrees 14' 29" East 29.32 feet to a point on the southerly
line of lands under lease to the County of Westchester (Resco Site);
THENCE along the said County of Westchester (Resco Site) lands: Due
East 432.31 feet to a point on the westerly line of an easement and a
right-of-way leading to Charles Point Avenue;
THENCE along the said westerly and southwesterly line of the said
right-of-way leading to Charles Point Avenue: Due South 241.16 feet and
South 27 degrees 13' 00" East 406.90 feet to a point;
THENCE leaving the said easement and running along other lands now or
formerly of The City of Peekskill Industrial Development Agency, South
41 degrees 50' 16" West 270.01 feet to the aforementioned easterly
shoreline (high water mark) of the East Bank of the Hudson River and the
point or place of beginning.
TOGETHER with an easement over all that parcel of land situate in the
City of Peekskill, County of Westchester and State of New York that is
more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Charles Point Avenue with
the said westerly line is intersected by the line dividing the easement
herein described on the south from lands under lease to the County of
Westchester (Resco Site) on the north which point occupies coordinate
position:
North 464719.99 (y)
East 608004.15 (x)
of the New York State Coordinate System, East Zone;
THENCE from the said point of beginning southerly along the said
westerly line of Charles Point Avenue, South 14 degrees 54' 00" West
103.48 feet to a point;
THENCE westerly along other lands of the City of Peekskill Industrial
Development Agency: Due West 396.44 feet to a point which is the
easterly most corner of the lands of Point Associates, the grantee
herein;
THENCE along the northeasterly line of the said Point Associates'
land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16
feet to a point on the southerly line of the aforementioned lands leased
to the County of Westchester (Resco Site);
THENCE easterly along the said southerly line Due East 75.00 feet to a
point;
THENCE southeasterly and easterly still along the said lands leased to
the County of Westchester (Resco Site) the following courses:
Due South 223.00 feet,
South 27 degrees 13' 00" East 314.87 feet and
Due East 390.14 feet to the aforementioned westerly line of Charles
Point Avenue and the point or place of BEGINNING.
TOGETHER WITH a non-exclusive easement for utilities, and ingress and
egress over that certain right of way leading from Charles Point Avenue,
now known as John E. Walsh Boulevard, in a westerly and northwesterly
direction to the above described premises and as more fully described in
the Declaration of Easement recorded in Liber 8888 cp 35; or
(xii) all those tracts or parcels of land, situate in the Tenth Ward
of the City of Troy, County of Rensselaer and State of New York, known
as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A
Five (A5) and the southerly portions of Lots Four (4) and A Four (A4),
as the same are laid down and described on a certain Map made by
Frederick W. Orr, dated August 15, 1918, filed in the Office of the
Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
premises hereby intended to be conveyed are bounded and described as
follows:
COMMENCING at an iron rod in the westerly side of River Street at the
most southeasterly corner of premises heretofore conveyed by Harry
Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed
dated November 8, 1940, recorded November 12, 1940 In the Office of the
Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and
running thence southerly along the westerly line of River Street 215.6
feet to a pipe in the most southeasterly corner of Lot No. A7; thence
westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more
or less to the easterly shore of the Hudson River; thence northerly
along the easterly shore of the Hudson River 216 feet more or less to
the most southwesterly corner of land heretofore conveyed by the said
Harry Goldberg and Norman Goldberg to Arthur E. Collins and another
hereinbefore recited; thence along the southerly line of lands
heretofore conveyed to said Collins and another easterly 31.75 feet;
thence northerly 6.33 feet; thence easterly 18 feet; thence southerly
6.33 feet; thence easterly 150.57 feet to the point or place of
beginning.
EXCEPTING THEREFROM that portion of the above described premises as
were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,
Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County
Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215,
Containing 17,600 square feet of land more or less.
BEARINGS refer to the magnetic meridian of 1993. Said premises are
also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
and depth 115.60 x 220.00 being the same premises described in Book 6534
of Deeds at Page 256 in the Rensselaer County Clerk's Office and being
the same premises in the 2009 City of Troy Assessment Rolls and
90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded
and described as follows: BEGINNING at a point marked by a capped iron
rod where the division line between lands now or formerly of Walter
Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands
herein described on the southwest intersects the northwesterly side of
River Street; running thence South 40Á 01' 52" West along the
northwesterly side of River Street a distance of 100.00 feet to a point;
thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the
southwesterly corner of the building located on the herein described
premises, said point also being the northeasterly corner of the building
located on the property adjoining on the southwest; thence North 60Á 59'
40" West along the building wall located on the property adjoining on
the southwest and the northwesterly continuation of same a distance of
140.88 feet to the easterly shore of the Hudson River; thence North 30Á
16' 52" East along the shore of the Hudson River a distance of 90.90
feet to a point; thence South 60Á 44' 08" East along lands now or
formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a
distance of 31.75 feet to a point; thence North 30Á 16' 52" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60Á 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc a
distance of 18.00 feet to a point; thence South 30Á 16' 52" West
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60Á 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 149.40 feet to the point and place of beginning. Be the
aforesaid dimensions in this clause more or less and encompassing lands
considered to be a single contiguous parcel.
(xiii) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of
Saratoga Springs, Saratoga County, New York, bounded and described as
follows: Beginning at a point 55 feet south on Beekman Street, from
where the west line of Beekman Street intersects the south line of
Congress Street, and running thence southerly along the west line of
Beekman Street 55 feet, more or less, to the north line of the premises
now or formerly owned or occupied by Henry Curtis; thence westerly along
said Curtis' north line 65 feet, more or less, to the east line of the
premises heretofore conveyed to Edward M. Merritt; thence northerly
along said Merritt's east line 55 feet, more or less, to a point 55 feet
south of the south line of Congress Street; thence easterly on a line
parallel with the south line of Congress Street 65 feet, more or less,
to the point and place of beginning; and being further bounded and
described as follows: BEGINNING at a point in the Southerly line Grand
Avenue at the intersection of the Westerly line of Beekman Street, said
point also being the Northeast comer of lands now or formerly of Dublin
Underground, LLC as conveyed in Book 1769 of Deeds at Page 657,thence
along said Westerly line of Beekman Street, South 01Á02'45"West, SS.00
feet to a point at the intersection of the common division line between
lands now or formerly of Haggerty as conveyed in Book 1595 of Deeds at
Page 480 on the South and lands of said Dublin Underground LLC on the
North, thence along said division line, North 88Á57'15"West, 65.00 feet
to a point at the intersection of the common division line between lands
now or formerly of Haynes as conveyed in Book 1630 of Deeds at Page 727
on the West and said lands of Dublin Underground UC on the East, thence
along said division line, North 01Á02'45"East, 55.00 feet to a point in
the Southerly line of Grand Avenue, thence along said Southerly line,
South 88Á57'15"East, 65.00 feet to the point or place of beginning and
containing 3576 ± square feet of land; and being further bounded and
described as follows: BEGINNING at a point where the east line of an
alley intersects the south line of Grand Avenue, running thence easterly
fifty-five (55) feet, more or less, to the west line of property now or
formerly owned by one Desidora; thence southerly one hundred ten (110)
feet, more or less, to the northerly line of property now or formerly
owned by one Gutierresl thence westerly fifty-five (55) feet, more or
less to the easterly line of an alley; thence northerly one hundred ten
(110) feet, more or less to the point or place of beginning. Be the
aforesaid dimensions in this clause more or less and encompassing lands
considered to be a single contiguous parcel; or
(xiv) any such premises or business located on that certain piece or
parcel of land, or any subdivision thereof, situate, lying and being in
the Village of Suffern, Town of Ramapo, County of Rockland and State of
New York, addressed as 97-99 Lafayette Avenue, Suffern, New York,
identified for tax purposes by the Town of Ramapo - 2000 County/Town Tax
Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification
No. 54.35-2-54, bounded and described as follows:
BEGINNING at a point on the Westerly side of Washington Avenue, where
the same is intersected by the Northerly line of lands now or formerly
of the Village of Suffern (Sect. 168, Lot 284), said point also being
the Southeasterly corner of the premises herein intended to be
described.
RUNNING THENCE North 76 degrees 15 minutes West along the Northerly
line of lands now or formerly of the Village of Suffern a distance of
210.30 feet to a point; THENCE South 13 degrees 45 minutes West along
the Westerly line of lands now or formerly of the Village of Suffern a
distance of 78.75 feet to a point; THENCE North 76 degrees 28 minutes
West along the Northerly line of lands now or formerly of the Village of
Suffern a distance of 96.30 feet to a point; THENCE North 13 degrees 32
minutes East a distance of 117.60 feet to a point; THENCE South 76
degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North
13 degrees 32 minutes East a distance of 54.80 feet to a point; THENCE
South 76 degrees 15 minutes East a distance of 91.00 feet to a point;
THENCE North 13 degrees 45 minutes East along the Easterly line of lands
now or formerly of Mirando (Sect. 168. Lot 239A) a distance of 123.25
feet to a point on the Southerly side of Lafayette Avenue; THENCE South
59 degrees 56 minutes 42 seconds East along the Southerly side of
Lafayette Avenue a distance of 176.92 feet to a point; THENCE
Southeasterly along the Southerly side of Lafayette Avenue, on a curve
to the right having a radius of 58.97 feet an arc distance of 76.88 feet
to a point; THENCE South 14 degrees 45 minutes West along the Westerly
side of Washington Avenue a distance of 109.22 feet to the point or
place of BEGINNING.
Being the same premises described in a deed dated June 11, 1999 from
Westchester Realty Group LLC to Marandy Realty Associates, LLC and
recorded in the Rockland County Clerk's Office on June 24, 1999
Instrument ID # 1999-00033893.
The premises described above are more particularly described after
field survey by A.R. Sparaco, Jr., P.L.S. dated June 13, 2000, as
follows:
ALL THAT TRACT, piece or parcel of land with the buildings and
improvements thereon in the Village of Suffern, Town of Ramapo, Rockland
County, New York, Tax Map Reference Section 16B; Lots 239 B and 254,
bounded and described as follows:
BEGINNING at a cross-cut in the westerly line of Washington Ave. (50
feet wide) where the same is intersected by the northerly line of lands
of the Village of Suffern (formerly Washington Ave. School) and running
thence; North 78Á 42' 52" West 211.11' along the northerly line of lands
of the Village of Suffern to an iron pipe; thence, South 11Á 03' 40"
West 78.38' continuing along said lands to a PK nail; thence, North 79Á
21' 20" West 96.30' continuing along said lands to an iron pipe; thence,
North 10Á 21' 09" E 117.12' along lands now or formerly of Meadows to a
point; thence, South 79Á00'00" East 6.00' to a point in the centerline
of an old right of way; thence, North 12Á50'10" East 55.32' along the
centerline of an old right of way to an iron pipe; thence, South
79Á00'00" East 91.04' crossing through said right of way and continuing
along the southerly line of lands now or formerly of Miranda to a cross
cut; thence, North 11Á15'34" East 123.37' along the easterly line of
said lands to a cross cut in the southerly line of Lafayette Ave.;
thence, South 62Á34'00" East 165.97' along the assumed southerly line of
Lafayette Ave. to a point of curvature; thence, Southeasterly along a
curve to the right having a radius of 72.00' and an arc distance of
93.43' continuing along the same to a point of tangency in the westerly
line of Washington Ave; thence, South 11Á47'00" West 100.86' along the
westerly line of Washington Ave. to the point or place of BEGINNING.
Containing 1.267 acres of land more or less.
SUBJECT to utility easements described in Uber 1016, page 487, Liber
1038, page 977, Book 340, page 1277.
SUBJECT TO a 6' wide easement for ingress and egress as described in
Liber 318, page 4.
TOGETHER with a 6' wide and 12' wide right of way as described in
Liber 318, page 4.
SUBJECT TO any other easements, rights of ways or restrictions of
record.
Being the same premises described in a deed dated June 11, 1999 from
Westchester Realty Group LLC to Marandy Realty Associates, LLC and
recorded in the Rockland County Clerk's Office on June 24, 1999
Instrument ID #1999-00033893; or
(xv) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of
Saratoga Springs, County of Saratoga and State of New York, bounded and
described as follows: Starting at an iron pipe on the southerly side of
New York State Highway 9P at the intersection of the lands now of
formerly of Ernst and one Walbridge and runs thence along the said
highway S 64 degrees 25' E 72.4 feet to a concrete state monument;
thence S 35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side
of an 18 foot wide Right of Way extending from the aforementioned
highway to the Low Water Mark of Saratoga Lake; thence along the said
Right of Way S 17 degrees 20' W 115 feet to an iron pipe, the place of
beginning; thence in the same straight line along the said Right of Way
78.4 feet to an iron pipe; thence still along the said Right of Way S 38
degrees 9' W 208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet
to an iron pipe; thence N 14 degrees 34' E 54.2 feet to an iron pipe;
thence N 56 degrees 0' E 242.8 feet to the place of beginning, the
aforementioned dimensions more or less; and being further bounded and
described as follows: BEGINNING at an iron pipe of the southerly side of
New York State Highway 9P at the intersection of the lands now of
formerly of Ernst and one Walbridge and runs thence along said highway
S. 64 degrees 25' E. 72.4 feet to a concrete state monument; thence
still along the said highway S. 35 degrees 9' E. 135.6 feet to an iron
pipe on the westerly side of a Right of Way 18 feet wide running from
the beforementioned highway to the Low Water Mark of Saratoga Lake;
thence across the said Right of Way S. 26 degrees E. 21.15 feet to the
Easterly side of the said Right of Way, the place of beginning; thence
along the said Right of Way S. 17 degrees 20' W. 171.1 feet to a point;
thence still along the said Right of Way S. 38 degrees 9' W. to the Low
Water Mark of Saratoga Lake; thence along the Low Water Mark of the said
lake to an iron pipe on the Westerly side of the said Highway which
point is about 435 feet Easterly at right angles from the Easterly side
of the beforementioned Right of Way; thence along the said Highway N. 10
degrees 57' W. 653.5 feet to a concrete monument; thence N. 26 degrees
10' W. 9.85 feet to the place of beginning. Be the aforesaid dimensions
in this clause more or less and encompassing lands considered to be a
single parcel; or
(xvi) where such licensed wholesaler or manufacturer also has an
interest in any such premises or business constituting the overnight
lodging and resort facility located wholly within the boundaries of that
tract or parcel of land situate in the city of Canandaigua, county of
Ontario, beginning at a point in the northerly line of village lot nine
where it meets with South Main Street, thence south sixty-nine degrees
fifty-four minutes west a distance of nine hundred sixteen and
twenty-three hundredths feet to an iron pin; thence in the same course a
distance of fourteen feet to an iron pin; thence in the same course a
distance of fourteen and four-tenths feet to a point; thence south
fifteen degrees thirty-eight minutes and forty seconds east a distance
of four hundred forty-six and eighty-seven hundredths feet to a point;
thence south twenty-eight degrees thirty-seven minutes and fifty seconds
east a distance of one hundred thirteen and eighty-four hundredths feet
to a point; thence south eighty-five degrees and forty-seven minutes
east a distance of forty-seven and sixty-one hundredths feet to an iron
pin; thence on the same course a distance of three hundred and
sixty-five feet to an iron pin; thence north seventeen degrees
twenty-one minutes and ten seconds east a distance of four hundred
fifty-seven and thirty-two hundredths feet to an iron pin; thence north
nineteen degrees and thirty minutes west a distance of two hundred and
forty-eight feet to a point; thence north sixty-nine degrees and
fifty-four minutes east a distance of two hundred eighty-four and
twenty-six hundredths feet to a point; thence north nineteen degrees and
thirty minutes west a distance of sixty feet to the point and place of
beginning, provided that such facility maintains not less than
seventy-five rooms and suites for overnight lodging; or
* (xvii) Parcel A
All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:
Beginning at a point formed by the intersection of the northerly side
of Wall Street and the easterly side of Pearl Street; running thence
northerly along the easterly side of Pearl Street, 76 feet 1 inch;
thence easterly on a line forming an angle on its northerly side with
the easterly side of Pearl Street of 85Á 33' 30", a distance of 43 feet
1 inch; thence southerly on a line which forms an angle on its westerly
side with said last mentioned course of 90Á 22', a distance of 1 foot;
thence easterly on a line which forms an angle on its southerly side
with said last mentioned course of 89Á 24', a distance of 18 feet 3
inches, more or less, to a point where it is intersected by a line drawn
along the westerly side of the one-story brick extension at the rear of
the premises No. 122 Water Street; thence southerly on a line which on
its westerly side forms an angle of 86Á 43' with the preceding course
and along said one-story brick extension, 17 feet 3 inches to the corner
of said one-story brick building; thence easterly on a line which on its
northerly side forms an angle of 91Á 40' with the preceding course, 6
feet 8 1/2 inches to premises now known as No. 120 Water Street; thence
southerly along a line which on its westerly side forms an angle of 91Á
40' with the preceding course, 10 feet 9 inches to the premises now or
late of Tontine Company; thence westerly along said premises on a line
which on its northerly side forms an angle of 88Á 20' with the preceding
course, 20 feet; thence southerly and still along land now or late of
Tontine Company on a line which on its easterly side forms an angle of
89Á 09' with the preceding course, 53 feet 5 inches to the northerly
side of Wall Street; and thence westerly along the northerly side of
Wall Street on a line which on its northerly side forms an angle of 88Á
08' with the preceding course, 48 feet 11 1/2 inches to the easterly
side of Pearl Street at the point or place of beginning.
Parcel B:
All that certain plot, piece or parcel of land, situate, lying and
being in the borough of Manhattan, city, county and state of New York,
bounded and described as follows:
Beginning at the corner formed by the intersection of the northerly
side of Wall Street with the westerly side of Water Street; running
thence northerly, along the westerly side of Water Street, about fifty
feet nine inches to the premises Number One Hundred and Twenty Water
Street; thence westerly, along the southerly side of premises Number One
Hundred and Twenty Water Street, about eighty feet seven inches to the
easterly side of premises Number Eighty-Two Wall Street, thence
northerly, along the easterly side of premises Number Eighty-Two Wall
Street, to a point where it is intersected by a line drawn along the
northerly face of the northerly wall of the four-story and basement
brick building formerly erected thereon; thence westerly, along the
northerly side of said northerly wall, about twenty feet to the westerly
side of said premises Number Eighty-Two Wall Street; thence southerly,
along the westerly side of said premises Number Eighty-Two Wall Street,
about fifty-three feet six inches to the northerly side of Wall Street;
and thence easterly along the northerly side of Wall Street, to the
point or place of beginning.
Provided, however, that with respect to such retail licensee's
interest in a business engaged in the manufacture or sale at wholesale
of alcoholic beverages described in subdivision one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of chapter two hundred ninety-nine of the
laws of two thousand twenty-one; (ii) such retail licensee may not
purchase alcoholic beverages directly from any such manufacturer or
wholesaler; and (iii) no more than fifteen percent of the annual dollar
value of alcoholic beverages purchased by such retail licensee for sale
on the premises may be produced by any such manufacturer; or
* NB Repealed upon certain provisions (see chapter 299 of 2021 § 2)
* (xviii) Real property in the Town of East Hampton, County of
Suffolk, State of New York, described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and
being at Montauk, Town of East Hampton, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northeast
side of Surfside Place with the southeast side of Ocean view Terrace;
RUNNING THENCE from said point of beginning along the southeasterly
side of Oceanview Terrace North 68 degrees 18 minutes 15 seconds East,
265.64 feet to land formerly of Montauk Improvement Inc.;
THENCE along said land South 24 degrees 34 minutes 52 seconds East,
321.71 feet to the northerly line of boardwalk easement;
THENCE still along said course, 82 feet, more and less (114.76 feet
per survey), to the high water mark of the Atlantic Ocean;
THENCE southwesterly and along the high water mark of the Atlantic
Ocean, 267 feet more or less (265,41 feet per survey) to the northeast
side of the Surfside Place;
THENCE along the northeast side of Surfside Place North 24 degrees 34
minutes 52 seconds West, 425 feet, more or less, (448.98 feet per
survey) to the point or place of BEGINNING.
Provided, however, that with respect to such retail licensee's
interest in a business engaged in the manufacture or sale at wholesale
of alcoholic beverages described in subdivision one-a of section one
hundred one of this article: (i) such interest must have been acquired
prior to the effective date of chapter two hundred eighty-eight of the
laws of two thousand twenty-two; (ii) such retail licensee may not
purchase alcoholic beverages directly from any such manufacturer or
wholesaler; and (iii) no more than fifteen percent of the annual dollar
value of alcoholic beverages purchased by such retail licensee for sale
on the premises may be produced by any such manufacturer; or
(xix) on real property located on that certain tract or parcel of land
situated in the Town of Shelby, County of Orleans and State of New York,
being part of Great Lot No. 32 in Township 14, Range 3 of the Holland
Land Purchase and bounded and described as follows:
Beginning at the point of intersection of the centerline of Maple Ridge
Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)
with the centerline of Bates Road;
thence (1) North 00Á 12' 14" West and along the centerline of said Bates
Road a distance of 225.00 feet to a point; thence (2) North 89Á 47' 46"
East and along the south line of lands now or formerly owned by Joyce
and Raymond Cook, Jr. (See Liber 392 of Deeds at page 246 and Tax
Account No. 080.00 - 03 - 15.3) a distance of 200.00 feet to a point;
thence (3) North 00Á 12' 14" West and along the westerly line of lands
now or formerly of said Joyce and Raymond Cook, Jr. and also along the
westerly line of lands now or formerly owned by Mark G. and Evon C.
Navarra (See Liber 498 of Deeds at page 88 and Tax Account No. 080.00 -
03 - 15.2) and lands now or formerly owned by John E. Harris, Jr. (See
Liber 452 of Deeds at page 207 and Tax Account No. 080.00 - 03 - 16.0) a
distance of 300.00 feet to a point; thence (4) South 89Á 47' 46" West
and along the north line of lands now or formerly of said John E.
Harris, Jr. a distance of 200.00 feet to a point in the centerline of
Bates Road;
thence (5) North 00Á 10' 30" West and along the centerline of said Bates
Road a distance of 1414.14 feet to a point; thence (6) North 89Á 46' 17"
East and along the south line of lands now or formerly owned by Harry R.
and Lois A. Deyarmin (See Liber 466 of Deeds at page 322 and Tax Account
No. 080.00 - 03 - 17.00) and also along the south line of lands now or
formerly owned by Michael J. Healy and Vincent J. Licata (See Liber 391
of Deeds at page 1077 and Tax Account No. 080.00 - 03 - 01.4) a distance
of 398.06 feet to a point on the westerly line of lands now or formerly
owned by the Niagara Mohawk Power Corporation (See Liber 360 of Deeds at
page 186 and Tax Account No. 080.00 - 03 - 23.0); thence (7) South 02Á
21' 51" East and continuing along the westerly line of lands now or
formerly owned by the said Niagara Mohawk Power Corporation a distance
of 1932.39 to a point in the centerline of Maple Ridge Road, a/k/a New
York State Route No. 31A; thence (8) South 88Á 47' 20" West and along
the centerline of said Maple Ridge Road, a/k/a New York State Route No.
31A, a distance of 471.69 feet to the point of beginning.
Hereby intending to describe a parcel of land shown on a Survey Map made
by Clark Patterson Associates, dated August 7, 2006, being Project No.
9418.00 and Drawing Number BNDY - 2. Together with the right, privilege
and easement for use of one or more of four road crossings not to exceed
20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's
Office in Liber 360 of Deeds at page 186. ALSO ALL THAT TRACT OR PARCEL
OF LAND situate in the Town of Shelby, County of Orleans and State of
New York, being part of Great Lot No. 32 in Township 14, Range 3 of the
Holland Land Purchase and bounded and described as follows:
Commencing at the point of intersection of the centerline of Maple Ridge
Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)
with the centerline of Bates Road; thence (A) North 88Á 47' 20" East and
along the centerline of said Maple Ridge Road, a/k/a New York State
Route No. 31A a distance of 621.72 feet to the point of beginning;
thence (1) North 02Á 21' 51" West and along the easterly line of lands
now or formerly owned by the Niagara Mohawk Power Corporation (See Liber
360 of Deeds at page 186 and Tax Account No. 080.00 - 03 - 23.0) a
distance of 1931.96 feet to a point;
thence (2) North 89Á 45' 02" East and along the south line of lands now
or formerly owned by Douglas A. Holka (See Liber 545 of Deeds at page 43
and Tax Account No. 080.00 - 03 - 1.1) a distance of 1378.90 feet to a
point; thence (3) South 00Á 12' 37" East and along the westerly line of
lands now or formerly owned by Franklin Tower (See Liber 489 of Deeds at
page 185 and Tax Account No. 080.00 - 03 - 14.0) a distance of 1908.72
feet to a point in the centerline of said Maple Ridge Road, a/k/a New
York State Route No. 31A; thence (4) South 88Á 47' 20" West and along
the centerline of said Maple Ridge Road, a/k/a New York State Route No.
31A, a distance of 1306.49 feet to the point of beginning.
Hereby intending to describe a parcel of land shown on a Survey Map made
by Clark Patterson Associates, dated August 7, 2006, being Project No.
9418.00 and Drawing Number BNDY - 2. Together with the right, privilege
and easement for use of one or more of four road crossings not to exceed
20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill
and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November
2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's
Office in Liber 360 of Deeds at page 186; or
* (xx) ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being in
the Town of East Hampton, County of Suffolk and State of New York,
bounded and described as follows:
Beginning at a point on the northwesterly side of Main Street (Montauk
Highway - NYS Rte. 27) distant 541 feet more or less northeasterly, as
measured along the same, from the corner formed by the intersection of
the northeasterly side of Windmill Lane with the northwesterly side of
Main Street, said point being also at the division line between the
easterly side of land now or formerly of Stanley Flower, Jr. and the
westerly side of the hereafter described parcel; Running thence along
said division line and along the easterly side of land now or formerly
of Peter Bistrian, North 21 degrees 34 minutes 40 seconds West 380 feet;
Thence still along land now or formerly of Peter Bistrian, North 64
degrees 52 minutes 20 seconds East, 74 feet; Thence along land now or
formerly of Peter Bistrian, Cullum and EJS Realty Corp. South 21 degrees
34 minutes 40 seconds East 380 feet to the northwesterly side of Main
Street; and Thence along the northwesterly side of Main Street, South 64
degrees 52 minutes 20 seconds West 74 feet to the point or place of
beginning. Being the same premises conveyed by Nicholas Catalano by deed
dated May 5, 1977 and recorded in the Suffolk County Clerk's Office on
May 16, 1977, in Liber 8235, cp 582. Being the same premises conveyed in
part to W. John Cox by deed dated May 23, 1985 and recorded in the
Suffolk County Clerk's Office on May 30, 1985, in Liber 9799, cp 453.
Provided, however, notwithstanding section one hundred seven-a of this
article, the retail licensee and brand owner located at the premises
described in this subparagraph may designate the importer licensee
located at the premises described in subparagraph (xiv) of paragraph (a)
of subdivision one of section one hundred one of this article as owner
of such brands for purposes of brand label registration and price
scheduling as required under this chapter; or
* NB Repealed upon certain conditions (see chapter 328 of 2022 § 3)
* (xxi) Parcel A: ALL THAT CERTAIN plot, place or parcel of land,
with the buildings and improvements thereon erected, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows: BEGINNING at the corner formed by the
intersection of the northerly side of Grove Street with the easterly
side of Bleecker Street; THENCE easterly along the northerly side of
Grove Street 117 feet 9 1/2 inches to the center of a party wall between
Nos. 53 and 55 Grove Street; THENCE northerly parallel with or nearly so
with Bleecker Street and partly through the center of said party wall 47
feet; THENCE westerly parallel with or nearly so with Grove Street 36
feet 7 inches to a point distant 82 feet 5 inches from Bleecker Street;
THENCE northerly at right angles to Christopher Street 29 feet 1 1/2
inches; THENCE westerly parallel with Grove Street 88 feet 6 inches to
the easterly side of Bleecker Street; THENCE southerly along the
easterly side of Bleecker Street 73 feet 3 inches to the point or place
of beginning. Notwithstanding section one hundred seven-a of this
article, the retail licensee and brand owner located at the premises
described in this subparagraph and further identified as Parcel A may
designate the manufacturer licensee located at the premises described in
subparagraph (xiv) of paragraph (a) of subdivision one of section one
hundred one of this article as owner of such brands for purposes of
brand label registration and price scheduling as required under this
chapter.
Parcel B:
ALL that lot of land in the borough of Manhattan, County of New York,
City and State of New York, bounded and described as follows:
BEGINNING on the southwesterly corner of Commence and Barrow Streets;
RUNNING THENCE westerly along the southerly side of Barrow Street twenty
feet, seven and One-half inches to the easterly face of the easterly
wall of the premises known as seventy-seven Barrow Street;
RUNNING THENCE southerly in a straight line along the easterly face of
said wall and the line to continuation thereof eighty feet, eleven
inches;
RUNNING THENCE northeasterly in a straight line and past of the distance
along the northerly wall of the three story basement, brick building
known as 48 Commerce Street fifty-five feet, eight and three fourths
inches to the westerly side of Commerce Street;
THENCE northerly along the westerly side of Commerce Street sixty feet,
nine and one half inches to the point or place of BEGINNING.
Parcel C:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying, and being in the Borough
of Manhattan, City, County and State of New York, bounded and described
as follows:
BEGINNING at a point on the northerly side of Christopher Street,
distant 125 feet westerly from the corner formed by the intersection of
the northerly side of Christopher Street with the westerly side of
Bleecker Street;
RUNNING THENCE northerly parallel with Bleecker Street, 90 feet;
THENCE westerly in the rear parallel with Christopher Street, 25 feet;
THENCE southerly parallel with Bleecker Street 90 feet to the northerly
side of Christopher Street;
THENCE easterly along the northerly side of Christopher Street, 25 feet
to the point or place of BEGINNING.
Parcel D:
ALL that piece or parcel of land, together with the buildings and
improvements thereon, situate, lying and being in the Third Ward of the
City of Hudson, Columbia County, New York, bounded and described as
follows:
BEGINNING at a point in the southerly line of Warren Street, which point
marks the northeasterly corner of the premises herein described and the
northwesterly corner of the premises conveyed by Richman's Apparel of
Hudson, N.Y., to the City of Hudson by deed dated December 18, 1975, and
recorded the same day in Columbia County Clerk's Office in Book 520 of
Deeds at Page 1137; running thence along said land so conveyed to the
City of Hudson, the following three courses and distances: (1) S 44Á 33'
20" W, 11.45 feet to a point, (2) N 45Á 26' 40" W, 4 feet to a point,
and (3) 45Á 20' 30" W, 109.27 feet to a point in the northerly line of
Cherry Alley; thence along said Cherry Alley N 45Á 52' 40" W 23.40 feet
to an iron pin, which iron pin marks the southwesterly corner of the
premises here in described; thence along lands now or formerly of
Michael Martin N 44Á 37' 20" E, 120.67 feet to a point in the southerly
line of Warren Street; thence along the southerly line of Warren Street
the following two courses and distances: (1) S 45Á 52' 40" E, 23.39
feet, and (2) S 45Á 51' 30" E, 5.37 feet to the point or place beginning
as shown on a map entitled "Survey update of Lands of Richman's Apparel
of Hudson, New York, Inc." dated January 11, 1982, made by M. Chazen, P.
E. & L. S., and recorded in the Columbia County Clerk's Office as Micro
7469.
TOGETHER WITH the Temporary Easement granted by The City of Hudson to
Bread and Roses, LLC dated 3/10/2003 recorded 3/14/2003 in Cartridge 441
Frame 1222.
Parcel E:
ALL that certain plot, piece or parcel of land, situate, lying, and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at a point on the southerly side of Grove Street, distant 83
feet westerly from the corner formed by the intersection of the said
southerly side of Grove Street with the westerly side of Bleecker
Street;
RUNNING THENCE westerly along the southerly side of Grove Street, 42
feet;
THENCE southerly parallel with the westerly side of Bleecker Street, 100
feet;
THENCE easterly and parallel with the southerly side of Grove Street, 42
feet;
THENCE northerly again parallel with the westerly side of Bleecker
Street, 100 feet to the point or place of BEGINNING.
Said premises is commonly known as 42-44 Grove Street, New York, New
York.
Parcel F:
BEGINNING at a point on the southerly side of Grove Street distant 75
feet and 3/4 of an inch easterly from the corner formed by the
intersection of the said southerly side of Grove Street with the
easterly side of Bleecker Street;
RUNNING THENCE southerly parallel with the easterly side of Bleecker
Street 81 feet and 10-5/8 inches to the northwesterly side of Seventh
Avenue South;
THENCE northeasterly along the said northwesterly side of Seventh Avenue
South 117 feet and 11 inches to the corner formed by the intersection of
the said northwesterly side of Seventh Avenue South with the southerly
side of Grove Street;
THENCE westerly along the southerly side of Grove Street 86 feet and 9
inches to the point or place of BEGINNING.
SAID PREMISES being known as and by the street numbers 92-100 Seventh
Avenue South and 52-58 Grove Street.
Parcel G:
THE condominium unit (the "Unit") known as Unit Nos. C1 and C2 in the
Building (hereinafter referred to as the "Building") known as the
Bleeker-Grove Condominium and by the street numbers 312-314 Bleeker
Street, a/k/a 48 Grove Street, New York, New York, said Units being
designated and described as Unit Nos. C1 and C2 in the declaration
establishing a plan condominium ownership of said premises under Article
9-b of the Real Property Law of the State of New York (the "New York
Condominium Act"), dated 6/13/1990, recorded in the Office of the
Register of New York County (the "Register's Office") on 2/5/1991 in
reel 1760 page 1981, and also designated as Tax Lot Nos. 1001 and 1002
in Block 588, Section 2, of the Borough of Manhattan on the Tax Map of
the Real Property Assessment Department of the City of New York and on
the floor plans of said Building, certified by Howard I. Zimmerman
Associates, Architects, on the 1/28/1991, and filed with the Real
Property Assessment Department of the City of New York as Condominium
Plan No. 755, and also filed in the City Register's Office on 2/5/1991,
as Map No. 5059.
TOGETHER with an undivided 15.193% and 30.331% interest, respectively,
in the common elements,
THE premises within which the Unit is located are more particularly
bounded and describes as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being
the Borough of Manhattan, City, County, and State of New York, bounded
and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side
of Bleeker Street with the southerly side of Grove Street;
RUNNING thence southerly along Bleeker Street, 40 feet;
THENCE westerly parallel with Grove Street, 83 feet;
THENCE northerly parallel with Bleeker Street, 40 feet to the southerly
side of Grove Street;
THENCE easterly along the southerly side of Grove Street, 83 feet to the
point or place of beginning.
THAT the said premises are known as and by the street address(es)
312-314 Bleeker Street a/k/a 48 Grove Street, New York, NY. Provided,
however, that with respect to such retail licensees' interest in a
business engaged in the manufacture or sale at wholesale of alcoholic
beverages described in subdivision one-a of section one hundred one of
this article: (i) such retail licensees may not purchase alcoholic
beverages directly from any such manufacturer or wholesaler; and (ii) no
more than fifteen percent of the annual dollar value of alcoholic
beverages purchased by any such individual retail licensee for sale on
the premises may be produced by any such manufacturer; or
* NB Repealed upon certain conditions (see chapter 348 of 2022 § 3)
* (xxii) Parcel A
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situated, lying and being in the Town of
Wilmington, County of Essex and State of New York, being part of lot No.
32 of Mallory's Grant and more particularly described as follows:
BEGINNING at a point in the Wilmington-Lake Placid State Highway
(Route 86) said point being located 600 feet North Easterly from the
point where the division line between lots Nos. 31 and 32 of Mallory's
Grant intersects the center of said Highway and which point of beginning
is the most Easterly corner of a parcel of land conveyed by Bernard J.P.
Comiskey to Marjorie B. Wilkins by deed dated July 7, 1950 and recorded
in the Essex County Clerk's Office on July 10, 1950 in Book 279 of Deeds
at page 293, and from said point of beginning running thence in a
Northwesterly direction along the Northeasterly line of said parcel a
distance of 550 feet to the most Northerly corner thereof; thence
Southwesterly along the Northeasterly line of said parcel (described as
parallel to the center of said highway) and continuing in the same
course along the Northwesterly line of a parcel of land conveyed by said
Comiskey to Walter N. Zywan and Marylyn V. Zywan a total distance on
this course of 600 feet to a point in the division line between said
lots Nos. 31 and 32; thence Northwesterly along said division line a
distance of 1985 feet more or less to the most Westerly corner of lot
No. 32; thence Northeasterly along the Westerly boundary of Mallory's
Grant a distance of 1696 feet more or less to the most Northerly corner
of lot No. 32; thence Southeasterly along the division line between lots
Nos. 32 and 33 a distance of 3280 feet more or less to a point in the
center of the aforesaid State Highway; thence Southwesterly along the
center thereof to the point or place of beginning.
Parcel B
ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and
34, Mallory's Grant, Town of Wilmington, County of Essex, State of New
York, being more particularly bounded and described as follows:
BEGINNING at a 3/4 inch iron pipe found in the southerly bounds of New
York State Highway Route 86, and at the most northerly corner of a
parcel of land belonging (N/F), to Betty Jane Smart, by virtue of a deed
recorded in the Office of the Essex County Clerk in Book 725 of Deeds at
Page 176, and RUNNING THENCE N 57Á 07' 56" E, along said southerly
bounds, a distance of 296.17 feet, to a 1 inch iron pipe found in the
most westerly corner of a parcel of land belonging to Richard D. Railton
and Maries L Railton, by virtue of a deed recorded in the Office of the
Essex County Clerk in Book 810 of Deeds at Page 339;
THENCE TURNING and running S 48Á 57' 21" E, along the southwesterly
bounds of Railton (L810-P339), passing through an iron rod at 99.94
feet, and passing through a 3/4 inch iron pipe at 200.24 feet, a total
distance of 614.50 feet, to the most northerly corner of a parcel of
land belonging to Richard D. Railton and Maries L Railton, by virtue of
a deed recorded in the Office of the Essex County Clerk in Book 993 of
Deeds at Page 346;
THENCE TURNING and running S 61Á 14' 53" W, along the northwesterly
line of Railton (LP.), a distance of 255.24 feet, to the most westerly
corner thereof, being a 1/2 inch iron pipe set in the northeasterly
bounds of the aforementioned premises of (N/F) Betty Jane Smart
(L725-P176);
THENCE TURNING and running N 53Á 11' 24" W, along the northeasterly
bounds of lands (N/F) of SMART (L725-P176), a distance of 700.31 feet,
to the point or place of beginning.
Parcel C
All that certain plot, piece or parcel of land, situate, lying and
being In the Town of Wilmington, County of Essex, State of New York,
briefly described as follows vis:
Commencing at the intersection of the southeast limit of Highway #86
with the southwest bank of White Brook; thence southwesterly along the
highway limit, 309.39 feet to a cedar stake which is the point of
beginning and which is also the northwest corner of Parcel #1 as shown
on a survey of Wilmington Development Company property by Norman Briggs,
LS., dated July 1, 1952; thence S 50Á 00' W, along the highway limit,
309.39 feet to a cedar stake: thence S 34' 00' 50" E. 1209.50 feet to a
4" x 4" cedar post on the bank of the AuSable River; thence
northeasterly approximately 21 O feet; following the river bank, to a 4"
x 4" cedar post which is also the southwest corner of Parcel #1; thence
N. 49Á 29' 50" W, 1180.73 feet to the point of beginning.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL:
All that tract or parcel of land situate in the Town of Wilmington,
County of Essex, State of New York, being part of Lot 33, Mallory's
Grant lying east of New York State Route 86 and west of the West Branch
of the AuSable River and is more particularly bounded and described as
follows:
Beginning at a point at the most northerly corner of the premises
marked by a 5/8 inch iron rod with cap, said point being the following
two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New
York State Route 86 which lies 304.52 feet southwest of White Brook:
1. South 49Á 25' 55" East, 395.00 feet;
2. South 49Á 27' 22" East, 349.45 feet;
Thence, South 49Á 27' 22" East, 450.00 feet along the southwest line
of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book
772/Page 4, to a point on the west bank of the West Branch of the
AuSable River, said course passing through a 1/2 inch iron pipe line
marker at a distance of 440.00 feet;
Thence, Southerly 130 feet more or less along the west bank of the
West Branch of the AuSable River on the following three (3) courses to a
point at the southerly corner:
1. South 29Á 37' 10" West, 32.66 feet to a point:
2. South 32Á 53' 59" East, 40.69 feet to a point;
3. South 55Á 14' 56" West, 65.59 feet to a point;
Thence, North 48Á 23' 02" West, 246.21 feet along the southwesterly
line to 5/8 inch iron rod with cap, said course passing through a 5/8
inch iron rod line marker at a distance of 51.00 feet;
Thence, North 56Á 25' 45" West, 95, 11 feet along the southwesterly
line to 5/8 inch iron rod with cap;
Thence, North 09Á 51' 36" West, 179.07 feet along the west line to the
Point-of-Beginning.
Together with a right of way for all normal purposes of ingress and
egress over the existing drive from the southwest line of the premises
southwest and northwest to the New York State Route 86 and also the
right to maintain, repair and replace the existing utility lines
providing service to the premises hereinabove described in their present
locations.
Parcel D
ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and
34, Mallory's Grant, Town of Wilmington, County of Essex, State of New
York and being more particularly bounded and described as follows:
BEGINNING at a 1 inch iron pipe, and the most westerly corner of a
parcel of land belonging to Richard D. Railton and Maries L. Railton, by
virtue of a deed recorded in the Office of the Essex County Clerk in
Book 81 O at Page 339, and RUNNING THENCE S 48Á 57' 21" E, along the
southwesterly line of Railton (L810-P339) passing through an iron rod at
99.94 feet, and a 1/2 inch iron pipe at 200.24 feet, a total distance of
614.50 feet to a 1/2 inch iron pipe, and to the TRUE POINT OF BEGINNING
of the 3.0 acre parcel herein being described;
THENCE CONTINUING along said southwesterly line, S 48Á 57' 21" passing
through a 1/2 inch iron pipe at 595.91 feet, a total distance of 629
feet more or less, to a point on the northerly bank of the AuSable
River, and to the most easterly corner of the 3.0 acre parcel herein
being described;
THENCE TURNING and running southwesterly and upstream, along the bank
of the AuSable River, a distance of 230 feet, more or less, to the most
easterly corner of a parcel of land belonging (N/F) to Florence
Williams; by virtue of a deed recorded in the Office of the Essex County
Clerk in Book 456 of Deeds at Page 19;
THENCE TURNING and running N 53Á 11' 24" W, (passing through a 3/4
inch iron pipe at 20 feet, more or less), along the northeasterly line
of WILLIAMS (L456-P19), a distance of 415 feet, more or less, to the
most easterly corner of a parcel of land belonging (N/F) to Betty Jane
Smart, by virtue of a deed recorded In the Office of the Essex County
Clerk in Book 725 of Deeds at Page 176;
RUNNING THENCE N 53Á 11' 24" W, along the northeasterly line of SMART
(L725-P176), (passing through a 3/4 inch iron rod at 99.47 feet), a
distance of 189.6 feet, to a 1/2 inch iron pipe, and to the most
westerly corner of the 3.0 acre parcel herein being described:
THENCE TURNING and running N 61Á 14' 53" E, through lands belonging to
the High Valley Motel Corporation, by virtue of a deed recorded in the
Office of the Essex County Clerk in Book 940 of Deeds at Page 142, a
distance of 255.24 feet, to the point or place of beginning.
Parcel E
All that tract or parcel of land situate in the Town of Wilmington,
County of Essex, State of New York, being part of Lot 33, Mallory's
Grant lying east of New York State Route 86 and west of the West Branch
of the AuSable River and is more particularly bounded and described as
follows:
Beginning at a point at the most northerly corner of the premises
marked by a 5/8 inch iron rod with cap, said point being the following
two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New
York State Route 86 which lies 304.52 feet southwest of White Brook:
1. South 49Á 25' 55" East, 395.00 feet:
2. South 49Á 27' 22" East, 349.45 feet;
Thence, South 49Á 27' 22" East, 450.00 feet along the southwest line
of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book
772/Page 4, to a point on the west bank of the West Branch of the
AuSable River, said course passing through a 1/2 inch iron pipe line
marker at a distance of 440.00 feet;
Thence, Southerly 130 feet more or less along the west bank of the
West Branch of the AuSable River on the following three (3) courses to a
point at the southerly corner:
1. South 29Á 37' 1 O" Well, 32.66 feet to a point;
2. South 32Á 53' 59" East, 40.69 feet to a point;
3. South 55Á 14' 56" West, 65.59 feet to a point;
Thence, North 48Á 23' 02" West, 246.21 feet along the southwesterly
line to a 5/8 inch iron rod with cap, said course passing through a 5/8
inch iron rod line marker at a distance of 51.00 feet;
Thence, North 56Á 28' 45" West, 95.11 feet along the southwesterly
line to a 5/8 inch iron rod with cap;
Thence, North 09Á 51' 36" West, 179.07 feet along the west line to the
Point-of Beginning. Together with a right of way for all normal purposes
of ingress and egress over the existing drive from the southwest line of
the premises southwest and northwest to New York State Route 86.
Parcel F
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,
County of Erie and State of New York, being part of Lot No. 66, on said
Island, bounded and described as follows:
COMMENCING at the northeast comer of Lot No. 66; thence westerly along
the northerly line of Lot No. 66, 848.85 feet to its intersection with
the northeasterly line of the New York State Thruway; thence
southeasterly along the northeasterly line of said Thruway 440.26 feet;
thence northerly in a straight line 767 feet to the place of beginning.
Parcel G
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,
County of Erie and State of New York, being parts of Lots Nos. 82 and
83, on said Island, bounded and described as follows:
Beginning at the point of the intersection of the southwesterly line
of Grand Island Connecting Boulevard and the easterly line of lands
conveyed to George J. Stortz, by deed recorded in Erie County Clerk's
Office in Liber 325 of Deeds at page 610; thence northwesterly along the
southwesterly line of Grand Island Connecting Boulevard, 200 feet;
thence southwesterly at right angles to the southwesterly line of Grand
Island Connecting Boulevard, 1871.45 feet to the south line of said Lot
No. 82 and 83, 1688.78 feet to the easterly line of lands deeded to
Stortz, as aforesaid; thence northerly along the said line of Stortz's
land 861.40 feet to the point of beginning.
Parcel H
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Wilmington,
County of Essex, State of New York, being a part of Lot 28, Mallory's
Grant, and of Lots 7 and B, Jay Tract, being bounded and described as
follows:
BEGINNING at a point which marks the intersection of the center line
of New York State Highway, Route 86, with the center line of Fox Farm
Road, so-called;
Running thence along the center line of Fox Farm Road in the following
six courses:
S 69Á 33' E, 200.0 feet;
S 72Á 32' E, 200.0 feet;
S 76Á 46' E, 200.0 feet;
S 80Á 15' E, 1100.0 feet;
S 77Á 38' E, 380.0 feet;
S 73Á 16' E, 494.6 feet to a point in the southwesterly corner of
29.78 acre parcel heretofore conveyed by Carl Steinhoff and Bertha
Steinhoff to Winfield D. Davis and Marceline M. Davis;
Running thence along the general westerly bounds of said Davis parcel
in the following three courses:
N 18Á 21' 30" E, a distance of 31.9 feet to a 1" pipe;
N 18Á 21' 30" E, 461.0 feet to a 1" pipe;
N 18Á 21' 30" E, 829.7 feet to a 1" pipe, which marks the general
northwest corner of said Davis parcel;
Running thence in the same course, N 18Á 21' 30" E, and in an
extension northerly of the westerly boundary line of said Davis parcel
so-called, a distance of 213 feet, more or less, to a point in the
southerly boundary line of said premises reputedly owned by Mabel
DeMasi;
Running thence N 60Á 57' W, and along the general southerly boundary
line of said DeMasi property, so-called, a distance of 475 feet, more or
less, to a 1/4 pipe set in a small pile of stones, which point is
reputed to be on the division line of Lots 28/29;
Running thence N 30Á 02' 30" E. and along the general westerly bounds
of said DeMasi property, so-called, a distance of 305.9 feet to a 1/4"
pipe set at the easterly face of a 6 foot high boulder at or near the
general southerly bank of the AuSable River;
Running thence upstream along or nearly along the southerly bank of
the AuSable River in the following nine courses:
N 64Á 38' W, 168.2 feet;
N 55Á 27' W, 186.6 feet;
N 87Á 01' W, 151.4 feet;
S 53Á 08' W, 279.9 feet;
S 50Á 39' W, 97.0 feet;
S 54Á 52' W, 149.9 feet;
S 81Á 52' W, 186.6 feet;
N 76Á 04' 30" W, 312.0 feet;
S 57Á 33' W, 680.0 feet to a point on the bridge spanning to AuSable
River, which point lies over the southerly bank of said river;
Running thence along the center or nearly in the center of said New
York State Highway, Route 86, in the following five courses:
S 20Á 50' W, 119.0 feet;
S 26Á so' W, 200.0 feet;
S 39Á 34' W, 200.0 feet;
S 45Á 08' W, 400.0 feet;
S 49Á 45" W, 300.0 feet to the point or place of beginning.
EXCEPTING all those portions, rights and privileges which have been
acquired by the State of New York and County of Essex for highway
purposes.
EXCEPTING premises conveyed by deed from Yates-Prime, Ltd. to the
People of the State of New York, acting by and through the Commissioner
of Environmental Conservation of the State of New York dated January 24,
1996 and recorded May 29, 1996 in Book 1111 at Page 116.
EXCEPTING AND RESERVING premises conveyed by deed from Richard H.
Nagamine, Jr. and Sylvia E. Nagamine to Yates Prime, Ltd. dated November
9, 2000 and recorded January 3, 2001 in Book 1272 at page 1 or
* NB Repealed upon certain provisions (see chapter 527 of 2023 § 6)
* (xxiii) ALL THAT TRACT OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being on County Road
153 in Military Lot 14 & 23 in the Town of Ovid, County of Seneca, State
of New York bounded and described as follows:
BEGINNING at a point in the assumed centerline of County Road 153 at
the apparent center of the bridge over Sheldrake Creek, said point also
being southerly a distance of 292 feet more or less from the apparent
intersection of said centerline with the assumed centerline of Sheldrake
Road; thence leaving the point of beginning South 18Á 21' 25" East along
the assumed centerline of County Road 153 a distance of 260.70 feet to a
point; thence South 19Á 47' 57" East along said centerline a distance of
107.76 feet to a point; thence South 21Á 16' 18" East along said
centerline a distance of 182.94 feet to a point; thence North 73Á 21'
51" East along lands reputedly of Atwood (lib. 385, page 398) passing
through an iron pipe 17.91 feet distant, and continuing further along
that same course a distance of 80.43 feet farther, the total distance
being 98.34 feet to an iron pipe in concrete at or near the shore line
of Cayuga Lake; thence in a southerly direction the following courses
and distances along tie lines at or near the shore line of Cayuga Lake:
South 03Á 51' 47" West a distance of 91.67 feet to a point; thence South
09Á 41' 08" East a distance of 60.89 feet to a point; thence South 25Á
12' 40" East a distance of 86.20 feet to an iron pin; thence South 68Á
29' 53" West along lands reputedly of Boyle (lib. 397, page 1128)
passing through an iron pin 35.00 feet distant, and continuing further
along that same course passing through another iron pin 40.00 feet
farther, and continuing still further along that same course a distance
of 149.00 feet farther, the total distance being 224.00 feet to an iron
pin; thence South 17Á 34' 07" East along said lands of Boyle, passing
through a concrete post 170.00 feet distant, and continuing further
along that same course along lands reputedly of Riemenschneider (lib.
449, page 61) a distance of 159.70 feet farther, the total distance
being 329.70 feet to an iron pin; thence South 75Á 00' 23" West along
lands reputedly of Diamond-Carey (lib. 430, page 271) a distance of
250.00 feet to an iron pin; thence South 62Á 21' 07" West along said
lands of Diamond-Carey a distance of 168.29 feet to an iron pipe 2 feet
east of a 12 inch hickory tree; thence South 01Á 32' 47" West along said
lands of Diamond-Carey a distance of 377.63 feet to an iron pin; thence
North 72Á 01' 46" East along said lands of Diamond-Carey a distance of
17.49 feet to an iron pin; thence South 13Á 10' 51" East along lands
reputedly of Poes (lib. 533, page 327) a distance of 174.57 feet to an
iron pin; thence South 61Á 15' 35" West along lands reputedly of
Diamond, Helfman & Day (lib. 482, page 354) a distance of 44.90 feet to
an iron pipe; thence South 23Á 58' 18" East along said lands of Diamond,
Helfman & Day and also along lands reputedly of Day (lib. 317, page 341)
a distance of 197.28 feet to an axle; thence South 03Á 33' 43" East
along lands reputedly of Dusinbere (lib. 510, page 151) a distance of
76.42 feet to an iron pipe; thence South 04Á 24' 03" East along said
lands of Dusinbere, passing through an iron pipe 102.31 feet distant,
and continuing further along that same course along lands reputedly of
Frantz (lib. 432, page 69) a distance of 238.42 feet farther, the total
distance being 340.73 feet to an iron pin; thence South 05Á 1 T 20" East
along lands reputedly of Holman (lib. 331, page 398) a distance of
199.65 feet to an iron pipe; thence North 85Á 47' 17" West along lands
reputedly of Travis (lib. 413, page 61) a distance of 60.22 feet to an
iron pipe; thence South 49Á 37' 13" West along said lands of Travis a
distance of 136.80 feet to an iron pipe; thence South 52Á 29' 03" West
along said lands of Travis a distance of 201.20 feet to a point; thence
South 67Á 02' 08" West along said lands of Travis a distance of 203.75
feet to an iron pin; thence South 05Á 58' 13" West a distance of 25.95
feet to a point in a double basswood stump; thence North 84Á 57' 23"
West along lands reputedly of Travis (Lib. 413, page 61) a distance of
643.08 feet to an iron pipe; thence North 85Á 19' 03" West along lands
reputedly of George (lib. 501, page 283) a distance of 2953.18 feet to
an iron pin; thence North 85Á 01' 43" West a distance of 260.88 feet to
an iron pin; thence the following courses and distances along tie lines
being along the south bank of Sheldrake Creek: North 04Á 58' 17" East a
distance of 75.00 feet to a point; North 53Á 32' 03" East a distance of
257.36 feet to a point; North 49Á 46' 21" East a distance of 388.42 feet
to a point; North 70Á 07' 21" East a distance of 113.39 feet to a point;
North 85Á 22' 45" East a distance of 158.74 feet to a point; South 75Á
38' 53" East a distance of 138.69 feet to a point; North 75Á 27' 23"
East a distance of 123.03 feet to a point; North 01Á 49' 54" West a
distance of 286.17 feet to a point; North 45Á 15' 53" East a distance of
124.41 feet to a point; South 74Á 36' 39" East a distance of 235.69 feet
to a point; North 76Á 37' 59" East a distance of 203.07 feet to a point;
North 44Á 08' 15" East a distance of 225.05 feet to a point; North 32Á
19' 26" East a distance of 175.45 feet to a point; North 87Á 20' 19"
East a distance of 266.75 feet to a point; North 50Á 26' 38" East a
distance of 286.68 feet to a point; North 69Á 39' 24" East a distance of
218. 09 fee t to a point; North 34Á 09' 56" East a distance of 183.80
feet to a point; North 06Á 30' 06" East a distance of 173.73 feet to a
point; North 82Á 28' 34" East a distance of 318.45 feet to a point;
North 63Á 12' 37" East a distance of 457.87 feet to a point; North 47Á
33' 36" East a distance of 228.07 feet to a point; North 60Á 11* 17"
East a distance of 263.17 feet to a point; North 71Á 05' 04" East a
distance of 179.45 feet to a point; North 81Á 35' 05" East a distance of
337.03 feet to a point; North 76Á 08' 39" East a distance of 164.59 feet
to a point; thence North 21Á 30' 07" West a distance of 56.80 feet to a
point in the assumed centerline of Sheldrake Creek; thence North 64Á 26'
00" East along said centerline a distance of 140.00 feet to a point;
thence North 38Á 10' 00" East along said centerline a distance of 150.00
feet to a point, said point being the point and place of beginning.
COMPRISING an area of 155.081 acres of land according to a survey
completed by Michael D. Karlsen on December 20, 1996 entitled "Plan of
Land to be Conveyed by Seymour Diamond" known as job number 96-572-2 and
a survey completed by Michael D. Karlsen on December 9, 1996 entitled
"Plan Showing Easterly Lines of Seymour Diamond" known as job number
96-572-1. Said maps are filed in the Seneca County Clerk's Office in Map
book 97 pages 38 and 39.
Also quit claiming all right, title and interest in and to the land
lying between the centerline of Sheldrake Creek and the south bank of
said Sheldrake Creek.
SUBJECT TO a right of way conveyed to New York State Electric and Gas
Corporation by instrument dated June 14, 1945 and recorded in the Seneca
County Clerk's Office in Liber 186 of Deeds at Page 454.
SUBJECT TO the rights of the public in and to County Road 153.
SUBJECT TO a permanent right of way and easement for ingress to and
egress from the spring on the premises herein conveyed across the
premises herein conveyed to the premised herein excepted and reserved
for purposes of the installation, maintenance and repair of a water pipe
line running from the said spring to the said premises excepted and
reserved which said pipe line shall be used for purposes of supplying
water from said spring to said reserved premises for residential and
allied uses (Liber 397, page 1128).
SUBJECT TO the right to use water from a certain spring situated on
the premises herein conveyed, said water from said spring to be used to
supply the dwelling house identified in Liber 449 of Deeds at Page 61
only and said water to be piped to the said house as the same is now
piped and no larger pipes to be installed at any time, for such water
supply, together with the right to go upon the premises herein conveyed
for the purpose of repairing and renewing said pipes.
TOGETHER with all of the right, title and interest of the grantor in
and to any lands or waters that may lie between high and low water mark
of Cayuga Lake and immediately to the east of the above described
premises and between the north and south line of said premises produced
in an easterly direction; it being understood between the parties hereto
that all the premises conveyed herein which tend to convey any rights in
and to Cayuga Lake are subject to all lawful rights of the State of New
York and to lawful usage during times of high water.
TOGETHER with a 20-foot right of way from Lake Road over and across
premises now or formerly of Dusinbere (510/151), subject to the right of
Dusinbere, their heirs, distributees and assigns, to relocate said right
of way at any time hereafter.
BEING AND INTENDING the same premises which were conveyed to the party
of the first part herein by warrant deed of Seymour Diamond, dated
February 6, 1997 and recorded in the Seneca County Clerk's office on
February 6, 1997 in Liber 550 of Deeds at page 243.
ALSO ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ovid,
Seneca County, New York being a part of Lot No. 23 in said town and more
particularly bounded and described as follows:
BEGINNING at a point in the center line of County Road No. 153, said
point being located southerly along said center line a distance of 1,080
feet from its intersection with the center line of Sheldrake Road;
thence North 68Á 29' 53' East, said course passing through a found on at
14.64 feet a total distance of 49.64 feet to a found pin in the high
water mark of Cayuga Lake; thence southeasterly along the high water
line of Cayuga Lake a distance of 174 feet, said course having a chord
tie of South 32Á 06' 16" East and a chord tie distance of 172.91 feet to
a point at the high water mark; thence South 68Á 29' 53" West, said
course passing through a found iron bar in the easterly right of way of
County Road No. 153 at 53.85 feet and continuing across County Road No.
153 and passing through a found iron bar in the west line of County Road
No. 153 at 103.60 feet a total distance of 267.50 feet to a found
concrete monument; thence North 13Á 34' 07" West a distance of 170.35
feet to a found pin; thence North 68Á 29' 53" east, said course passing
through a found pin near the west line of County Road No. 153 at 149
feet a total distance of 174.36 feet to the point or place of beginning,
containing 0.77 acre of land, more or less.
The above described premises are as shown on a survey entitled "Survey
Map Showing Lands of Judith Boyle No. 7488 County Road No. 153 - Mil.
Lot 14 Town of Ovid, Seneca County, New York" dated April 24, 1998 as
prepared by T.G. Miller P.C., Engineers and Surveyors. Said map is filed
in the Seneca County Clerk's Office in Map book 98 page 159.
BEING the same premises conveyed to the grantor herein by deed of
Judith Boyle dated June 3, 1998, recorded in the Seneca County Clerk's
Office on June 26, 1998 in Liber 573 of Deeds at Page 37.
This conveyance is made SUBJECT to the following:
1. The rights of the public in and to County Road No. 153.
2. Any and all easements or rights of way of record.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises.
* NB There are 3 sbpar (xxiii)'s
* (xxiii) Part A
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at a point on the easterly side of Thompson Street, distant 87
feet 5 inches southerly from the corner formed by the intersection of
the easterly side of Thompson Street with the southerly side of Spring
Street;
RUNNING THENCE Easterly on a line forming an interior angle of 89
degrees 47 minutes 30 seconds with the easterly side of Thompson Street
a distance of 87 feet 11 1/2 inches to a point in a line drawn northerly
along the westerly face of the westerly wall of the one story brick
building located on the premises adjoining on the east;
THENCE Southerly along the said line and along the westerly face of said
wall to the northerly face of another one story brick building on said
adjoining premises;
THENCE Westerly along the said northerly face of the said northerly wall
6 inches to the westerly face of the westerly wall of said building;
THENCE Southerly along the westerly face of said wall and a line in
continuation thereof to a line drawn at right angles to Thompson Street
from a point in the easterly side thereof distant 50 feet southerly from
the point of beginning.
THENCE Westerly at right angle to Thompson Street, 87 feet 6 1/2 inches
more or less to the easterly side of Thompson Street;
THENCE Northerly along the easterly side of Thompson Street, 50 feet to
the point or place of BEGINNING.
Part B
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
BEGINNING at a point on the westerly side of West Broadway distant 93
feet 5 3/4 inches (U.S. Standard) southerly as measured along the
westerly side of West Broadway from the corner formed by the
intersection of the southerly side of Spring Street with the westerly
side of West Broadway.
RUNNING THENCE in a general southerly direction along the westerly
side of West Broadway a distance of 47 feet 4 1/4 inches (U.S.
Standard); RUNNING THENCE in a general westerly direction along a line
forming an interior angle of 89 degrees 54 minutes 25 seconds with the
westerly side of
West Broadway a distance of 75.0 feet (U.S. Standard);
RUNNING THENCE in a general northerly direction along a line forming an
interior angle of 90 degrees 05 minutes 35 seconds with the last
mentioned course a distance of 46 feet 11 5/8 inches (U.S. Standard);
RUNNING THENCE in a general easterly direction along a line forming an
interior angle of 90 degrees with the last mentioned course a distance
of 16.0 feet (U.S. Standard);
RUNNING THENCE in a general northerly direction along a line forming a
right angle with the last mentioned course a distance of 5 inches (U.S.
Standard); and
THENCE in a general easterly direction along a line forming an interior
angle of 89 degrees 51 minutes 30 seconds with the last mentioned course
a distance of 59.0 feet (U.S. Standard); to the westerly side of West
Broadway, the point or place of BEGINNING.
The above description is an overall description appearing of record in
Deed recorded 11/16/1988 in Reel 1494 Page 1438, which combines the
following PARCEL A and PARCEL B as described in said Deed and prior
Deeds of record:
PARCEL A (Being the northerly portion of TAX LOT 23):
All that certain plot, piece or parcel of land, situate, lying and being
in the Borough of Manhattan, City and State of New York, on the
northwesterly side of West Broadway, formerly Laurens Street, between
Spring and Broome Streets in the 8th Ward of the City of New York and
known on a Map of property belonging to Estate of Thomas Starr,
deceased, dated May 1827, made by Thomas R. Ludlam, C.S., conveyed to
said David Robbins by Deed Liber 238
Cp 454 which is bounded and described as follows;
BEGINNING at a point on the northwesterly side of said West Broadway
being the southerly corner of said Lot No. 85;
RUNNING THENCE northeasterly along the northwesterly side of West
Broadway, 22 feet 4 inches more or less to the easterly corner of said
brick house; RUNNING THENCE northwesterly at right angles to said West
Broadway and in part along said brick house; and
THENCE continuing in the same direction to the rear of the Lot, 100
feet;
THENCE, southeasterly along the rear of the Lot and parallel with West
Broadway, 22 feet 4 inches more or less to the westerly corner of said
Lot No. 85; and
RUNNING THENCE southwesterly at right angles to West Broadway, 100 feet
to said northwesterly side of West Broadway being the point or place of
BEGINNING.
Excepting so much as has been taken by the City of New York for the
widening of Laurens Street (formerly South 5th Avenue and now known as
West Broadway).
PARCEL B (Being the remaining portion of TAX LOT 23):
ALL that certain plot, piece or parcel of land, situate, lying and being
in the Borough of Manhattan, City, County and State of New York, bounded
and described as follows:
BEGINNING at a point on the westerly side of West Broadway, distant 115
feet 10 inches southerly from the corner formed by the intersection of
the westerly side of West Broadway with the southerly side of Spring
Street which point is at the northerly face of the northerly wall of the
building on the premises herein described;
RUNNING THENCE westerly along the northerly face of the northerly wall
of the building on the premises herein described and on a line in
continuation thereof nearly parallel with Spring Street, 75 feet;
THENCE southerly parallel with West Broadway 24 feet 10 inches to a
point in a line drawn in continuation of the southerly face of the
southerly wall of the building on the premises herein described;
THENCE easterly along said line and along the southerly face of the
southerly wall of the building on the premises herein described nearly
parallel with Spring Street, 75 feet to the westerly side of West
Broadway; and THENCE, northerly along the westerly side of West
Broadway, 25 feet to the point or place of BEGINNING.
Part C
ALL that lot, piece or parcel of land, situate, lying and being in the
Borough of Manhattan, City, County and State of New York, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the Northerly side
of 70th Street with the Westerly side of Madison Avenue;
THENCE Northerly along the Westerly side of Madison Avenue, 100 feet 5
inches to the center line of the block between 70th and 71st Streets;
THENCE Westerly parallel with the Northerly side of 70th Street and
along said center line of the block, 21 feet;
THENCE Southerly parallel with the Westerly side of Madison Avenue, 100
feet 5 inches to the Northerly side of 70th Street;
THENCE Easterly along the Northerly side of 70th Street, 21 feet to the
point or place of BEGINNING.
Provided, however, that with respect to such retail licensee's
interest in a business engaged in the manufacture or sale at wholesale
of alcoholic beverages described in this subparagraph: (1) such interest
shall have been acquired prior to the effective date of this
subparagraph; (2) such retail licensee may not purchase alcoholic
beverages directly from any such manufacturer or wholesaler; and (3) no
more than fifteen percent of the annual dollar value of alcoholic
beverages purchased by such retail licensee for sale on the premises may
be produced by any such manufacturer.
* NB There are 3 sbpar (xxiii)'s
* NB Repealed upon certain provisions (see chapter 412 of 2024 § 2)
* (xxiii) ALL that certain plot, piece or parcel of land, situate,
lying and being in the Borough of Manhattan, City, County and State of
New York, bounded and described as follows:
Parcel A
BEGINNING at the intersection of the southerly line of South Street,
135 feet wide, and the westerly line of Block 2 Lot 3;
THENCE RUNNING the following seven (7) courses and distances:
(1) Along said westerly line of Block 2 Lot 3, South 16 degrees 50
minutes 39 seconds East a distance of 145.30 feet to a point;
(2) THENCE still along said westerly line of Block 2 Lot 3, North 73
degrees 09 minutes 21 seconds East a distance of 28.67 feet to a point;
(3) THENCE still along said westerly line of Block 2 Lot 3, South 16
degrees 50 minutes 39 seconds East a distance of 419.26 feet to a point
on the U.S. Pierhead Line approved by Secretary of War, February 25,
1918;
(4) THENCE along said U.S. Pierhead Line, South 73 degrees 09 minutes
21 seconds West a distance of 317.76 feet to a point;
(5) THENCE still along said U.S. Pierhead Line, South 87 degrees 11
minutes 44 seconds West a distance of 36.57 feet to a point on the
easterly line of Block 2 Lot 1;
(6) THENCE along the northerly line of Block 2 Lot 1, North 15 degrees
30 minutes 29 seconds West a distance of 555.84 feet to a point on said
southerly line of South Street; and
(7) THENCE along said southerly line of South Street, North 73 degrees
09 minutes 21 seconds East a distance of 311.61 feet to the point of
BEGINNING.
EXCEPTING THEREFROM the slips, and those certain portions of the
ground floor as delineated on the diagrams annexed to the Sublease (i)
with the cross-hatching on the schematic drawing of the ground floor
depicted on page 1 of Annex 1 and (ii) with black shading or
cross-hatching on the schematic drawing of Annex 2.
Parcel B
All that certain Lot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County of New York, State of New York:
Borough of Manhattan, City, County and State of New York, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the westerly
side of Broadway and the southerly side of Morris Street;
THENCE southerly along the westerly side of Broadway, 203 feet 1-3/4
inches Survey (203 feet 2-1/4 inches Deed more or less), to the
northerly side of lands formerly belonging to Eve White;
THENCE westerly along the northerly side of said lands formerly
belonging to Eve White 201 feet 2 inches Survey (200 feet 8 inches Deed
more or less), to the easterly side of Greenwich Street;
THENCE northerly along the easterly side of Greenwich Street 231 feet
1-3/4 inch Survey (231 feet 1-3/4 inches Deed) to the southeasterly
corner of Greenwich and Morris Streets; and
THENCE easterly along the southerly side of Morris Street, 248 feet 2
inches Survey (248 feet 3 inches Deed) to the point or place of
BEGINNING.
Parcel C
All that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of William Street and the southerly side of Wall Street;
RUNNING THENCE easterly along the southerly side of Wall Street 198.11
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the southerly side of Wall Street;
THENCE southerly along the westerly side of Hanover Street 52.33 feet
to an angel point therein;
THENCE southerly still along the westerly side of Hanover Street 88.34
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place 206.41 feet
to the corner formed by the intersection of the northerly side of
Exchange Place and the easterly side of William Street;
THENCE northerly along the easterly side of William Street 76.79 feet
to an angle point therein;
THENCE northerly still along the easterly side of William Street 95.00
feet to the point or place of BEGINNING.
THE ABOVE LAND HAVING ALSO BEEN DESCRIBED PURSUANT TO A SURVEY
PREPARED BY EARL B. LOVELL- S.P. BELCHER ORIGINALLY DATED NOVEMBER 5,
1952 AS FOLLOWS:
All that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the easterly
side of William Street and the southerly side of Wall Street;
RUNNING THENCE easterly along the southerly side of Wall Street 197.94
feet to the corner formed by the intersection of the westerly side of
Hanover Street and the southerly side of Wall Street;
THENCE southerly along the westerly side of Hanover Street 140.78 feet
to the corner formed by the intersection of the westerly side of Hanover
Street and the northerly side of Exchange Place;
THENCE westerly along the northerly side of Exchange Place 204.92 feet
to the corner formed by the intersection of the northerly side of
Exchange Place and the easterly side of William Street;
THENCE northerly along the easterly side of William Street 171.76 feet
to the point or place of BEGINNING.
Parcel D
ALL THOSE PARCELS of land situate in the Borough of Manhattan, City,
County and State of New York, below a horizontal plane drawn at an
elevation of 500 feet above the NAVD 88 datum level, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the northerly
side of East 42nd Street and the easterly side of former Depew Place
(now closed and discontinued);
THENCE RUNNING northerly along the said easterly side of former Depew
Place, 340 feet 4 inches;
THENCE RUNNING westerly and parallel with the northerly side of East
42nd Street, 394 feet 4 inches to a point on the easterly side of
Vanderbilt Avenue, which point is distant 340 feet 4 inches northerly
from the corner formed by the intersection of the northerly side of East
42nd Street and the easterly side of Vanderbilt Avenue;
THENCE RUNNING southerly along the easterly side of Vanderbilt Avenue,
340 feet 4 inches to its intersection with the northerly side of East
42nd Street:
THENCE RUNNING easterly along the northerly side of East 42nd Street,
394 feet 4 inches to the corner, the point or place of BEGINNING.
Parcel E
ALL that plot of land (the "Land"), together with the improvements
thereon, in the Borough of Manhattan, County of New York, City of New
York and State of New York, said Land being bounded and described as
follows:
BEGINNING at a point on the southerly side of 42nd Street distant one
hundred twenty-five (125) feet westerly from the corner formed by the
intersection of the southerly side of 42nd Street with the westerly side
of Lexington Avenue; and running
THENCE Southerly and parallel with Lexington Avenue ninety-eight (98)
feet nine (9) inches;
THENCE Westerly and parallel with 42nd Street fifty (50) feet to a
point in the easterly line of premises conveyed by Pershing Square
Building Corporation to The Bowery Savings Bank by deed dated January 4,
1921 and recorded in the Office of the Register of the County of New
York on January 5, 1921 in Liber 3190 of Conveyances at Page 440;
THENCE Southerly along the easterly side of said premises on a line at
right angles to the southerly side of 42nd Street ninety-eight (98) feet
nine (9) inches to the northerly side of 41st Street;
THENCE westerly along the northerly side of 41st Street one hundred
four (104) feet six (6) inches more or less to a point from which a line
drawn northerly to the southerly side of 42nd Street and parallel with
Park Avenue and at right angles with the northerly side of 41st Street
would run through the center of the seventh row (reading easterly from
Park Avenue) of column locations as shown by circular indications
thereof upon map entitled: "State of New York, Transit Construction
Commissioner, Engineering Department, Route Number 43, Section Number 1,
Borough of Manhattan, Map or Plan showing property for resale east side
of Park Avenue between East 41st Street and East 42nd Street, signed by
D. L. Turner, Chief Engineer, dated February 4, 1920 (as revised May 25,
1920) and designated as drawing number 175, file number 3801", which map
is annexed to the deed above mentioned;
THENCE Northerly along said line one hundred ninety-seven (197) feet
six (6) inches to the southerly side of 42nd Street; and
THENCE Easterly along the southerly side of 42nd Street one hundred
fifty-four (154) feet six (6) inches more or less to the point or place
of BEGINNING.
Parcel F
ALL THAT CERTAIN plot, piece, or parcel of land, situate, lying and
being in the Borough of Manhattan, New York County, City and State of
New York, bounded and described as follows:
BEGINNING at the comer formed by the intersection of the southerly
line of West 61st Street with the easterly line of Riverside Boulevard,
as shown on the City Map;
RUNNING THENCE easterly, along to the southerly line of West 61st
Street, 423 feet 6 inches to a point;
THENCE southerly, at right angles to the previous course, 74 feet
3-1/8 inches;
THENCE southwesterly, along a line forming an included angle of 169
degrees 40 minutes 47 seconds, 138 feet 7-3/4 inches;
THENCE westerly, along a line forming an included angle of 100 degrees
19 minutes 13 seconds, 445 feet I 0-5/8 inches to a point on the
easterly side of Riverside Boulevard;
THENCE northerly, along the easterly line of Riverside Boulevard which
forms an included angle of 80 degrees 23 minutes 47 seconds, 13 feet
0-1/4 of an inch to a point of curvature;
THENCE northerly, along the easterly line of Riverside Boulevard on
the arc of a circle curving to the right, having a radius of 1,548 feet
0 inches and an included angle of 4 degrees 41 minutes 14 seconds, 126
feet 7-5/8 inches to a point of tangency;
THENCE northerly, along the easterly line of Riverside Boulevard, 76
feet 4 inches to the point of place of BEGINNING.
Parcel G
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly
side of West 50th Street and the easterly side of 12th Avenue;
RUNNING THENCE northerly along the easterly side of 12th Avenue a
distance of 100 feet 5 inches to a point on center line of the block
between West 50th Street and West 51st Street;
THENCE easterly along the center line of the block between West 50th
Street and West 51st Street parallel with the northerly side of West
50th Street a distance of 100 feet to a point;
THENCE southerly and parallel with the easterly side of 12th Avenue a
distance of 100 feet 5 inches to a point on the northerly side of West
50th Street;
THENCE westerly along the northerly side of West 50th Street a
distance of 100 feet to the corner formed by the intersection of the
northerly side of West 50th Street and the easterly side of 12th Avenue,
the point or place of beginning.
For Information Only: Premises being known as 678-682 12th Avenue
a/k/a 637-641 West 50th Street New York, N.Y. and designated as Block
1098 Lot 11 as shown on Tax Map of the City of New York, County of New
York.
Parcel H
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, County of New York, City and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly
side of East 61st Street with the westerly side of Madison Avenue;
RUNNING THENCE westerly along the southerly side of East 61st Street,
150 feet;
THENCE southerly and parallel with the westerly side of Madison
Avenue, 100 feet 5 inches to the center line of the block between East
61st and 60th Streets;
THENCE westerly along said center line of the block and parallel with
southerly side of East 61st Street, 45 feet;
THENCE southerly and parallel with the westerly side of Madison Avenue
and part of the distance through a party wall, 100 feet 5 inches to the
northerly side of East 60th Street;
THENCE easterly along the said northerly side of East 60th Street, 100
feet;
THENCE northerly and parallel with the westerly side of Madison Avenue
and part of the distance through another party wall, 73 feet 5 inches;
THENCE easterly and parallel with East 60th Street, 95 feet to the
westerly side of Madison Avenue;
THENCE northerly along the westerly side of Madison Avenue, 127 feet 5
inches to the point or place of BEGINNING.
Parcel I
ALL that certain plot, piece or parcel of land, with the building and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, City, County and State of New York, bounded and described as
follows:
BEGINNING at the corner formed by the intersection of the easterly
side of Fifth Avenue and the northerly side of 59th Street;
RUNNING THENCE northerly along the easterly side of Fifth Avenue 100
feet; THENCE easterly parallel with 59th Street 100 feet;
THENCE northerly parallel with Fifth Avenue 5 inches; THENCE easterly
parallel with 59th Street 25 feet;
THENCE southerly parallel with Fifth Avenue 100 feet 5 inches to the
northerly side of 59th Street; and
THENCE westerly along the northerly side of 59th Street 125 feet to
the point or place of BEGINNING.
TOGETHER WITH the benefits of the easement for light and air recorded
in Liber 5137 at Page 142.
Parcel J
ALL the following three parcels of land, together with the
improvements thereon:
PARCEL J-1
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point being the northwest corner of Broome and Laurens
Street, as the said Laurens Street is now established by law as widened,
being a point, distant 25 feet westwardly from the northwest corner of
Broome and Laurens Street and measured from the old line thereof;
RUNNING THENCE westwardly along the northerly side of Broome Street,
18 feet 6 inches; THENCE northwardly, parallel with Laurens Street, 80
feet;
THENCE eastwardly, parallel with Broome Street, 18 feet 6 inches to
the westerly line of Laurens Street, as the same is now established by
law since the widening thereof;
THENCE southwardly along the said westerly line of Laurens Street, 80
feet to the point or place of
BEGINNING.
THE said Laurens Street being now known as West Broadway.
PARCEL J-2
ALL that certain plot, piece or parcel of land, with the building and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point on the westerly side of West Broadway, formerly
South Fifth Avenue, 80 feet northerly from the corner formed by the
intersection of the westerly side of West Broadway, formerly South Fifth
Avenue, and the northerly side of Broome Street;
RUNNING THENCE northerly along the westerly side of West Broadway, 20
feet;
THENCE westerly 67 feet 8 1/2 inches along the southerly side of Lot#
333 on map made by Commissioners in Partition of the Estate of Anthony
Lispenard, deceased, to the rear of Lot #334 on said map;
THENCE southerly along the rear of said Lot #334, 20 feet;
THENCE easterly, 67 feet 7 3/4 inches to the point or place of
BEGINNING.
PARCEL J-3
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of
Manhattan, County, City and State of New York, bounded and described as
follows:
BEGINNING at a point on the northerly side of Broome Street, distant
18 feet 6 inches westerly from the corner formed by the intersection of
the northerly side of Broome Street and the westerly side of West
Broadway, formerly South Fifth Avenue;
RUNNING THENCE northerly parallel or nearly so with West Broadway,
formerly South Fifth Avenue, 80 feet to land now or late of Randolph
Brant;
THENCE westerly along the same land and parallel or nearly so with
Broome Street, 21 feet 9 inches;
THENCE southerly parallel or nearly so with West Broadway and part of
the distance through a party wall, 80 feet to the northerly side of
Broome Street;
THENCE easterly along the said northerly side of Broome Street, 21
feet 9 inches to the point or place of BEGINNING.
Provided, however, that with respect to such retail licensee's
interest in a business engaged in the manufacture or sale at wholesale
of alcoholic beverages described in subdivision one-a of section one
hundred one of this article: (A) such retail licensee may not purchase
alcoholic beverages directly from any such manufacturer or wholesaler;
and (B) no more than fifteen percent of the annual dollar value of
alcoholic beverages purchased by such retail licensee for sale on the
premises may be produced by any such manufacturer; provided however,
alcohol sales related to events catered by the retail licensee shall not
be attributed to the fifteen percent annual sales value determination.
* NB There are 3 sbpar (xxiii)'s
* NB Repealed upon certain provisions (see chapter 583 of 2024 § 3)
(a-1) The provisions of paragraph (a) of this subdivision shall not
apply to the holder of a retail on-premises consumption license issued
for a premises located in the borough of Manhattan, city, county and
state of New York, bounded and described as follows: Beginning at a
point on the northerly side of 52nd Street, distant 375 feet westerly
from the northwesterly corner of 52nd Street and Fifth Avenue; running
thence northerly parallel with Fifth Avenue and part of the way through
a party wall, 75 feet 5 inches; thence westerly parallel with the
northerly side of 52nd Street, 11 feet 2-3/4 inches; thence northerly
parallel with Fifth Avenue, 25 feet to the center line of the block;
thence easterly along said center line of the block, 71 feet 2-3/4
inches; thence southerly parallel with Fifth Avenue and part of the way
through a party wall, 100 feet 5 inches to the northerly side of 52nd
Street; thence westerly along the northerly side of 52nd Street, 60 feet
to the point or place of beginning. Provided, however, that with respect
to such retail licensee's interest in a business engaged in the
manufacture or sale at wholesale of alcoholic beverages described in
subdivision 1-a of section one hundred one of this article: such
interest must have been acquired prior to the effective date of the
chapter of the laws of two thousand nineteen which added this paragraph;
(ii) such retail licensee may not purchase alcoholic beverages directly
from any such manufacturer or wholesaler; and (iii) no more than fifteen
percent of the annual dollar value of alcoholic beverages purchased by
such retail licensee for sale on the premises may be produced by any
such manufacturer.
(b) Any lien, mortgage or other interest or estate now held by said
retail licensee on or in the personal or real property of such
manufacturer or wholesaler, which mortgage, lien, interest or estate was
acquired on or before December thirty-first, nineteen hundred
thirty-two, shall not be included within the provisions of this
subdivision; provided, however, the burden of establishing the time of
the accrual of the interest, comprehended by this subdivision shall be
upon the person who claims to be entitled to the protection and
exemption afforded hereby.
14. No retail licensee for on-premises consumption shall make or cause
to be made any loan to any person engaged in the manufacture or sale of
liquors, wines or beer at wholesale.
15. All retail licensed premises shall be subject to inspection by any
peace officer, acting pursuant to his or her special duties, or police
officer and by the duly authorized representatives of the liquor
authority, during the hours when the said premises are open for the
transaction of business.
* 16. A person holding a retail on-premises license for a movie
theatre, other than a license for a movie theatre that meets the
definitions of restaurant and meals, and where all seating is at tables
where meals are served, shall:
(a) for every purchase of an alcoholic beverage, require the purchaser
to provide written evidence of age as set forth in paragraph (b) of
subdivision two of section sixty-five-b of this chapter; and
(b) allow the purchase of only one alcoholic beverage per transaction;
and
(c) not commence the sale of alcoholic beverages until one hour prior
to the start of the first motion picture, and cease all sales of
alcoholic beverages after the conclusion of the final motion picture.
* NB Repealed April 20, 2030
17. Notwithstanding any other provision of law, a retail licensee for
on-premises consumption that is a person or corporation operating a
hotel shall be permitted to sell liquors, beer, and/or wines through a
mechanical device or vending machine placed in the lodger's rooms and to
which access to such device or machine is restricted by means of a
locking device which requires the use of a key, magnetic card or similar
device provided, however, that no such key, card or similar device shall
be provided to any person under the age of twenty-one or to any person
who is visibly intoxicated.
Notice of arrest and convictions. 1. When an arrest for
gambling activity, illicit drug activity, prostitution activity, or for
a breach of the peace or for a crime of a violent nature, or for a crime
of weapons possession occurs or where the activity or crime has taken
place in a licensed premises, the arresting agency shall notify in
writing, the authority and the district attorney of the county in which
the licensed premises are located within two weeks of the arrest and set
forth therein the name of the arrestee, the date of the arrest, the time
of the arrest, the exact place of the arrest, the name of the licensee,
the name and address of the licensed premises, the offense or offenses
allegedly committed by the arrestee, the factual circumstances of the
arrest, the name or names of the arresting officer, and such other
information as may reasonably be required by the authority.
2. Such district attorney shall maintain a written record of all
notices forwarded as required by subdivision one of this section and
where the arrestee named in said notice is convicted of either the
offense charged or a lesser included offense as defined by the penal
law, the district attorney shall so notify the authority in writing. In
addition, where a person is convicted of a violation of paragraph (b) of
subdivision one of section sixty-five-b of this chapter or of a
violation of subdivision one of section sixty-five of this chapter, the
district attorney shall promptly notify the authority of such conviction
in writing and shall include in such notification the information
required to be provided pursuant to subdivision one of this section.
* § 106-b. Provisions for governing sports facilities operators and
retail licenses to sell at certain sporting events for consumption on
premises. 1. (a) Every person who operates a facility for the
performance of a sporting event during which alcoholic beverages are
sold or otherwise furnished for consumption on such premises shall
establish nonalcoholic seating accommodations, separate from other
seating accommodations within such premises, wherein the sale,
possession or consumption of alcoholic beverages shall not be permitted.
(b) Nonalcoholic seating accommodations shall constitute not less than
six percentum of all permanent seating accommodations for a given
sporting event, unless otherwise provided for by this section, and shall
at such level be equally distributed among each separately designated
ticket price area.
2. (a) Every person who operates a facility for the performance of a
sporting event during which alcoholic beverages are sold or otherwise
furnished for consumption on such premises shall establish nonvending
seating accommodations, separate from other seating accommodations
within such premises, wherein the sale or other furnishing of alcoholic
beverages shall not be permitted, but where the consumption of such
alcoholic beverages shall not be prohibited.
(b) Nonvending seating accommodations shall constitute not less than
fifteen percentum of all permanent seating accommodations, in addition
to those seating accommodations segregated pursuant to subdivision one
of this section, and shall be equally distributed among each separately
designated ticket price area.
3. (a) Immediately upon the effective date of this section, each
facility operator shall designate not less than ten percentum of all
non-season ticket seating as either nonalcohol seating accommodations or
nonvending seating accommodations or both, and that such designations
shall thereafter remain in effect up to and until the commencement of
designations pursuant to paragraph (b) of this subdivision, or
designations pursuant to subdivision four of this section.
(b) The establishment of seating accommodations pursuant to
subdivisions one and two of this section may be implemented over a
period of three years from the effective date of this section, and in a
combination of nonalcoholic seating accommodations and nonvending
seating accommodations, that is consistent with the provisions of this
section, provided that
(i) designations of not less than one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made within one year of the effective date of this section;
however, such designation up to the first one-third of the total
nonalcohol seating accommodation may be designated in any ticket price
area, and
(ii) designations of an additional one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made by January first, nineteen hundred ninety-one; however,
such designation up to the second one-third of the total nonalcohol
seating accommodation may be designated in any ticket price area, and
(iii) designations of a final one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made by January first, nineteen hundred ninety-two.
(c) A facility operator may petition the state liquor authority for an
exemption from the provisions of subparagraphs (ii) and (iii) of
paragraph (b) hereof as they relate to nonalcohol seating if it can be
shown that the demand for such seating does not exceed the availability
under subparagraph (i) of paragraph (b) hereof. The state liquor
authority, in evaluating such petition, shall consider, among other
things, the availability of such seating, the promotion of such seating,
the method of merchandising tickets for such seating, and the location
of such seating sections within the overall seating available in a given
facility. In addition, the state liquor authority shall consider any
voluntarily instituted alcohol reduction plan which includes, but is not
necessarily limited to, the provision of low alcohol beer, the
limitation on the number of servings of alcoholic beverages, or
limitations on the size of such servings.
(d) Nothing in this section shall be construed as prohibiting facility
operators from relocating designated nonvending or nonalcohol seating
accommodations in each year, provided that each facility maintains the
levels of nonalcohol and nonvending seating accommodations provided for
in this section.
4. Notwithstanding any provision of this section to the contrary, a
facility operator shall be exempt from the provisions of subdivisions
one, two and three hereof, upon the filing of certification with the
state liquor authority that said operator prohibits the vending of
alcoholic beverages in all seating areas of such facility, and
furthermore provides non-alcohol seating accommodations in not less than
two percentum of the total permanent seating accommodations.
5. (a) For the purposes of preserving order and preventing offenses
against the laws of the state during the course of a sporting event, and
when otherwise authorized pursuant to the provisions of the criminal
procedure law and appropriate local legislation, the trustees or
directors of any corporation acting in the capacity of facility operator
and licensed to do business in New York, may apply from time to time to
the commissioner of police of the municipality within which the facility
is located for the appointment of special patrolmen, who, when
appointed, shall be peace officers with the same powers within such
facility as are set forth in section 2.20 of the criminal procedure law,
whose duty, when appointed, shall be to preserve order within the
facility operated by the applicant corporation, to protect the property
within said facility, with the authority to eject or arrest all persons
who shall be improperly within the facility or who shall be guilty of
disorderly conduct, or who shall neglect or refuse to pay the fees
prescribed by said corporation; and it shall be the further duty of said
special patrolmen, when appointed, to prevent all violations of law and
arrest any and all persons violating such provisions, and to process
such persons in accordance with the criminal procedure law. The
appointment of special patrolmen pursuant to this section shall not
supersede in any way the authority of peace officers or police officers
of the jurisdiction within which such facility is located, nor shall any
patrolmen be deemed by virtue of such employment an employee of said
municipality, or be entitled to any of the benefits arising from such
employment, and such special patrolmen may be terminated by the
commissioner at any time, without assigning cause therefore.
(b) The special patrolmen appointed and approved pursuant to the
provisions of this subdivision shall be the sole responsibility of the
applying corporate entity, and such entity shall indemnify and defend
the municipality for any and all liability arising from the acts or
omissions of such officers. In consideration of their appointment,
special patrolmen shall sign an agreement in writing releasing and
waiving all claim whatsoever against the police department or the
municipality for pay, salary or compensation for their services, or for
any other expenses connected thereto.
6. Each facility operator shall file with the state liquor authority a
plan of compliance with the provisions of this section, including but
not limited to a facility diagram or such other seating program,
indicating ticket price areas designated as nonalcoholic and nonvending
seating accommodations. This plan shall also include a description of
all policies and procedures instituted by the facility operator in
relation to the sale, consumption or limitation of alcoholic beverages.
7. (a) For the purposes of this section, "facility for the performance
of a sporting event" shall include any stadium, arena, ballpark, or
other indoor or outdoor athletic field complex in use during a
professional sporting event, and located within a standard metropolitan
statistical area having a population of one million or more as of the
most current decennial census as conducted by the United States
Department of Commerce, but shall not include facilities owned or
operated by an educational institution.
(b) For the purposes of this section, "facility operator" shall
include the primary tenant of a facility defined in paragraph (a) of
this subdivision. In those situations where the entity responsible for
operation and management of said facility is other than the primary
tenant, the person or persons so responsible shall constitute the
"facility operator." If no facility operator pursuant to this section
can be ascertained, then the facility owner shall also constitute the
facility operator. In any event, the designation of such facility
operator shall be included in all plans of compliance filed pursuant to
subdivision six of this section.
8. The state liquor authority shall promulgate rules and regulations
no later than January first, nineteen hundred eighty-nine, that provide
for notification of facility operators of such facilities and sellers of
alcoholic beverages at such facilities of the provisions of this section
and that provide for the conspicuous posting at such facilities notices
informing the public of the provisions of this section, indicating the
nonalcohol and nonvending seating accommodations designated pursuant to
this section, and the penalty for violating this section, and shall
promulgate such other rules and regulations in furtherance of the
provisions of this section.
9. The state liquor authority shall report to the governor and
legislature no later than February first, nineteen hundred ninety-three
on the compliance with the provisions of this section, any and all
administrative or enforcement actions taken under the authority vested
in it by the provisions of this section and the effectiveness of the
provisions of this section in reducing the occurrence of alcohol-related
incidents.
10. (a) Violation by a facility operator of the provisions of this
section or of the rules and regulations promulgated pursuant to this
section is a misdemeanor.
(b) Violation of any stadium plan enacted pursuant to this section or
the rules and regulations promulgated hereunder is a violation.
11. Severability. If any provision of this section shall be held void
or unconstitutional, all other provisions and all other sanctions not
expressly held to be void or unconstitutional shall continue in full
force and effect.
12. (a) Notwithstanding any provision of this section to the contrary,
a facility operator may reduce the total number of seats segregated as
non-alcohol seating as necessary to assure local television broadcast of
a particular sporting event when ninety-nine percent of all other
seating is unavailable, so long as the facility operator, prior to the
commencement of the sporting season, files with the state liquor
authority for a plan of reduction in the consumption of alcoholic
beverages that includes:
(i) restrictions in those areas that were to be segregated as
non-alcohol seating that exceed the limitations on non-vending, but
which do not prohibit the consumption of alcohol in toto;
(ii) the development of additional security personnel in those areas
that were to be segregated as non-alcohol seating, or such other areas
in which persons requesting non-alcohol seating are located; and
(iii) a plan of marketing, promotion, method of merchandising and
location of non-alcoholic seating, and a description of the seats to be
declassified as non-alcohol seats.
(b) The provisions of this subdivision shall apply only in those
instances where a facility is operated with two percent of its seating
segregated as non-alcohol seating in accordance with the provisions of
this section.
(c) In the event that a facility operator invokes the provisions of
this subdivision for its intended purposes, the facility operator shall
notify the state liquor authority at least three days before the
particular sporting event of the utilization of this subdivision, the
time period in which the provisions of this subdivision shall be in
effect, and certify that such utilization is based on the unavailability
of seating in all remaining sections of the facility.
* NB Expired Effective July 1, 1993
Advertising and forms of notices of the issuance of licenses.
Every person procuring a license hereunder must publish a notice thereof
as herein provided:
1. Where the licensed premises are located in any county other than
New York, Kings, Queens or Bronx, notice shall be published once a week
for two successive weeks in a daily or weekly newspaper published in the
city, town or village in which the licensed premises are located, except
that if there shall be no daily or weekly newspaper published in the
city, town or village in which the licensed premises are located, then
such notice shall be published in a daily or weekly newspaper published
in the county in which the licensed premises are located, once a week
for two successive weeks. The provisions of this section shall only be
applicable to the original license issued to the licensee for the
premises.
2. Where the licensed premises are located in the counties of New
York, Kings, Queens or Bronx, such notice shall be published once a week
for two successive weeks in one daily and one weekly newspaper published
in the county in which the licensed premises are located. This
provision is only applicable to the original license issued to the
licensee for the premises.
3. The notice to be so published shall be printed in English, in
substantially the following forms:
(a) Form of notice for manufacturer's license. Notice is hereby given
that manufacturer's license (fill in beer, liquor or wine manufacturer
or rectifier and number) has been issued to the undersigned to
manufacture (beer, liquor or wine, as the case may be) under the
alcoholic beverage control law in the premises located at (fill in
street address, city, town or village and county in which licensed
premises are located).
(Name of licensee)
(Address of licensee)
(b) Form of notice for wholesaler's license. Notice is hereby given
that wholesaler's license (fill in beer, liquor or wine wholesaler and
license number) has been issued to the undersigned to sell (beer, liquor
or wine, as the case may be) at wholesale under the alcoholic beverage
control law in the premises located at (fill in street address, city,
town or village and county in which licensed premises are located).
(Name of licensee)
(Address of licensee)
(c) Form of notice for off-premises license. Notice is hereby given
that license (fill in beer, liquor or wine store and license number) has
been issued to the undersigned to sell (beer, liquor or wine, as the
case may be) at retail under the alcoholic beverage control law at (fill
in street address, city, town or village and county in which licensed
premises are located) for off-premises consumption.
(Name of licensee)
(Address of licensee)
(d) Form of notice for on-premises license. Notice is hereby given
that license (fill in beer, liquor or wine as the case may be, and
license number) has been issued to the undersigned to sell (beer, liquor
or wine, as the case may be) at retail in a (hotel, club, restaurant,
vessel, car, or other type of establishment, as the case may be) under
the alcoholic beverage control law at (fill in street address, city,
town or village and county in which licensed premises are located) for
on-premises consumption.
(Name of licensee)
(Address of licensee)
4. The first publication of said notice shall be made within fifteen
days after the date of issuance of said license and proof of such
publication, in the form hereinafter set forth, shall be obtained by the
licensee and retained by him during the license year. The form of proof
of such publication shall be as follows:
STATE OF NEW YORK )
) ss:
County of ....... )
............ of ............ , being duly sworn, says that he is
............. of the publishers of the ............. , a (daily) or
(weekly) newspaper (printed and) published in the (city, town, or
village and county) ........... and that the notice of which the annexed
is a true copy, has been published in said newspaper for two successive
weeks commencing on the ........... day of ..................195 ...
.....................
Sworn to before me this
......................., 195.....
..................................
Labeling containers of alcoholic beverages. 1. The liquor
authority is hereby authorized to promulgate rules and regulations
governing the labeling and offering of alcoholic beverages bottled,
packaged, sold or possessed for sale within this state.
Such regulations shall be calculated to prohibit deception of the
consumer; to afford him or her adequate information as to quality and
identity; and to achieve national uniformity in so far as possible.
2. The bottling, packaging, sale or possession by any licensee of any
alcoholic beverage not labelled or offered in conformity with this
section shall be ground for suspension, revocation or cancellation of
the license.
3. No alcoholic beverage shall be offered or advertised for sale in
this state, including direct interstate shipments under this chapter,
unless:
(a) there is a brand or trade name label affixed to or imprinted upon
the container of such alcoholic beverage;
(b) such label is registered with and approved by the authority and
contains the information required in this section; and
(c) the appropriate fee has been paid as provided for in this section.
4. An application for registration of a brand or trade name label
shall be filed by (1) the owner of the brand or trade name if such owner
is licensed by the authority, or (2) a wholesaler selling such brand who
is appointed as exclusive agent, in writing, by the owner of the brand
or trade name for the purpose of filing such application, if the owner
of the brand or trade name is not licensed by the authority, or (3) any
wholesaler, with the approval of the authority, in the event that the
owner of the brand or trade name does not file or is unable to file such
application or designate an agent for such purposes, or (4) any
wholesaler, with the approval of the authority, in the event that the
owner of the brand or trade name is a retailer who does not file such
application, provided that the retailer shall consent to such filing by
such wholesaler. Such retailer may revoke his consent at any time, upon
written notice to the authority and to such wholesaler.
Unless otherwise permitted or required by the authority, the
application for registration of a liquor or wine brand or trade name
label filed pursuant to this section shall be filed by the same licensee
filing schedules pursuant to section one hundred one-b of this article.
Cordials and wines which differ only as to fluid content, age, or
vintage year, as defined by such regulations, shall be considered the
same brand; and those that differ as to type or class may be considered
the same brand by the authority where consistent with the purposes of
this section.
(a) (1) The application for registration of a brand or trade name
label shall be filed by certified mail return receipt requested,
registered mail return receipt requested, overnight delivery service
with proof of mailing, or via electronic filing, on a form prescribed by
the authority, and shall contain such information as the authority shall
require. Such application shall be accompanied by the appropriate fee
prescribed by paragraph (b) of this subdivision and may also require a
processing fee of no more than ten dollars paid to either the authority
or a third party provider.
(2) Provided, however, where a brand or trade name label has been
approved by the Alcohol and Tobacco Tax and Trade Bureau of the United
States Department of Treasury, it shall be deemed registered and
approved by the authority if:
(i) the applicant submits on a form prescribed by the authority, by
certified mail return receipt requested, registered mail return receipt
requested, or overnight delivery service with proof of mailing, or via
electronic filing, a true copy of the brand or trade name label approval
issued by the Alcohol and Tobacco Tax and Trade Bureau of the United
States Department of Treasury along with the appropriate fee as
established in paragraph (b) of this subdivision; and
(ii) the authority does not deny such application within seven
business days after receipt.
(3) Provided, however, that where a brand or trade name label for wine
has been approved by the Alcohol and Tobacco Tax and Trade Bureau of the
United States Department of Treasury, it shall be deemed registered and
approved by the authority and no application, application fee, or annual
registration fee shall be submitted to the authority.
(b) The annual fee for registration of any brand or trade name label
for liquor shall be two hundred fifty dollars; the annual fee for
registration of any brand or trade name label for beer, mead or cider
shall be one hundred fifty dollars; the annual fee for registration of
any brand or trade name label for wine or wine products shall be fifty
dollars. Such fee shall be in the form of a check, draft, or via
electronic payment. No annual fee for registration of any brand or trade
name label for wine shall be required if it has been approved by the
Alcohol and Tobacco Tax and Trade Bureau of the United States Department
of Treasury pursuant to this section.
Each brand or trade name label registration approved pursuant to this
section shall be valid for a term of three years as set forth by the
authority and which shall be pro-rated for partial years as applicable.
Each brand or trade name label registration approved pursuant to this
section shall be valid only for the licensee to whom issued and shall
not be transferable.
(c) If the authority shall deny the application for registration of a
brand or trade name label pursuant to this section, it shall return the
registration fee to the applicant, less twenty-five per centum of such
fee and shall notify the applicant, in writing with the specific reasons
for its denial.
(d) The authority may at any time exempt any discontinued brand from
such fee provisions where a manufacturer or wholesaler has an inventory
of one hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the authority in writing that such brand
is being discontinued. The authority may also at any time exempt any
discontinued brand from such fee provisions where a retailer
discontinuing a brand owned by him has a balance of an order yet to be
delivered of fifty cases or less of liquor or wine, or two hundred fifty
cases or less of beer, mead, wine products or cider.
(e) The authority shall exempt from such fee provisions the
registration of each brand or trade name label used for beer, mead or
cider that is produced in small size batches totaling fifteen hundred
barrels or less of beer, mead or cider annually.
(f) The authority shall exempt from such fee provisions the
registration of each brand or trade name label used for spirits or
liquor that is produced in small size batches totaling one thousand
gallons or less of spirits or liquor annually.
5. (a) Each brand or trade name label shall contain the following
information:
(i) the brand or trade name;
(ii) the class and type (if applicable) of alcoholic beverage in
accordance with the labeling regulations promulgated by the Alcohol and
Tobacco Tax and Trade Bureau of the United States Department of
Treasury; and
(iii) the net contents of the container.
(b) The brand or trade name label, or a separate label on the front or
back of the container shall contain information consistent with the
labeling regulations promulgated by the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department of Treasury.
(c) No brand or trade name label, or any separate label on the front
or back of the container shall contain:
(i) any statement that is false or untrue in any particular manner;
(ii) any statement that is disparaging of a competitor's product;
(iii) any statement, design, device or representation that is likely
to mislead the consumer; or
(iv) any statement or claim of health benefits to be derived from
consumption by the consumer.
(d) A separate label registration shall be required in connection with
the registration of a brand or trade name label used where there is a
difference in any of the following information:
(i) the brand or trade name;
(ii) the class and type (if applicable) of alcoholic beverage in
accordance with federal label regulations; or
(iii) a private label owned and sold exclusively by one retailer,
where the alcoholic beverage is manufactured, bottled, or imported by a
different manufacturer, bottler, or importer, provided all other
information appearing on the label is the same.
Restrictions upon licensees. 1. No licensee except the holder
of a license to manufacture alcoholic beverages shall keep or permit to
be kept or consumed on the licensed premises any alcoholic beverage
except the alcoholic beverages which he is permitted to sell under the
terms of the license issued to him.
2. The provisions of subdivision one of this section shall not
prohibit a person holding a retail on-premises license and a retail
off-premises beer or beer and wine products license for an adjacent
premises to transport alcoholic beverages through such off-premises
location to supply such adjacent on-premises location.
Renewals of licenses and permits. 1. Each license and permit,
except a temporary permit effective for one day only, issued pursuant to
this chapter may be renewed upon application therefor by the licensee or
permittee and the payment of the annual fee for such license or permit
as prescribed by this chapter. In the case of applications for renewals,
the liquor authority may dispense with the requirements of such
statements as it deems unnecessary in view of those contained in the
application made for the original license or permit; provided, however,
that no waiver of paragraph (f) of subdivision one of section one
hundred ten of this article may be made. The submission of photographs
of the licensed premises shall be dispensed with provided the applicant
for such renewal shall file a statement with such authority to the
effect that there has been no alteration of such premises since the
original license was issued. An applicant for a retail license for
on-premises consumption shall also submit to the authority a copy of the
valid certificate of occupancy or such other document issued by the
local code enforcement agency for the premises for which the original
license was issued. The liquor authority may make such rules as may be
necessary not inconsistent with this chapter regarding applications for
renewals of licenses and permits and the time for making the same.
2. The authority shall provide an application for renewal of a license
issued under section sixty-four or sixty-four-a of this chapter not less
than sixty days prior to the expiration of the current license.
Information to be requested in applications for licenses or
permits. 1. The following shall be the information required on an
application for a license or permit:
(a) A statement of identity as follows:
(i) If the applicant is an individual, his name, date and place of
birth, citizenship, permanent home address, telephone number and social
security number, as well as any other names by which he has conducted a
business at any time.
(ii) If the applicant is a corporation, the corporate name of the
applicant, its place of incorporation, its main business address (and if
such main business address is not within the state, the address of its
main place of business within the state), other names by which it has
been known or has conducted business at any time, its telephone number,
its federal employer identification number, and the names, ages,
citizenship, and permanent home addresses of its directors, officers and
its shareholders (except that if there be more than ten shareholders
then those shareholders holding ten percent or more of any class of its
shares).
(iii) If the applicant is a partnership, its name, its main business
address (and if such main business address is not within the state, the
address of its main place of business within the state), other names by
which it has been known or has conducted business at any time, its
telephone number, its federal employer identification number, and the
names, ages, citizenship, and permanent home addresses of each of its
partners.
(b) A statement identifying the street and number of the premises to
be licensed, if the premises have a street and number, and otherwise
such description as will reasonably indicate the locality thereof;
photographs, drawings or other items related to the appearance of the
interior or exterior of such premises, and a floor plan of the interior,
shall be required. The applicant shall also state the nature of his
interest in the premises; and the name of any other person interested as
a partner, joint venturer, investor or lender with the applicant either
in the premises or in the business to be licensed.
(c) A description of any other alcohol beverage license or permit
under this chapter or any other alcoholic beverage control law which,
within the past ten years, the applicant (including any officers,
directors, shareholders or partners listed in the statement of identity
under paragraph (a) of this subdivision or the spouse of any such
person) or the applicant's spouse held or applied for.
(d) A statement that such applicant or the applicant's spouse has not
been convicted of a crime addressed by the provisions of section one
hundred twenty-six of this article which would forbid the applicant
(including any officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any
officers, directors, shareholders or partners listed in the statement of
identity under paragraph (a) of this subdivision or the spouse of any
such person) or the applicant's spouse is an official described in
section one hundred twenty-eight of this article, and a description of
any crime that the applicant (including any officers, directors,
shareholders or partners listed under paragraph (a) of this subdivision
or the spouse of any such person) or the applicant's spouse has been
convicted of and whether such person has received a pardon, certificate
of good conduct or certificate of relief from disabilities; provided,
however, that no person shall be denied any license solely on the
grounds that such person is the spouse of a person otherwise
disqualified from holding a license under this chapter.
(e) A statement that the location and layout of the premises to be
licensed does not violate any requirement of this chapter relating to
location and layout of licensed premises, with a copy of the certificate
of occupancy for the premises.
(f) A statement indicating the type of establishment to be operated at
the premises. Such statement shall indicate the occurrence of topless
entertainment and/or exotic dancing whether topless or otherwise,
including, but not limited to, pole dancing and lap dancing, at the
establishment.
(g) A statement that the applicant has control of the premises to be
licensed by ownership of a fee interest or via a leasehold, management
agreement, or other agreement giving the applicant control over the food
and beverage at the premises, with a term at least as long as the
license for which the application is being made, or by a binding
contract to acquire the same and a statement of identity under paragraph
(a) of this subdivision for the lessor of any leasehold, manager of any
management agreement, or other agreement giving the applicant control
over the food and beverage at the premises, with a copy of the lease,
contract, management agreement, or other agreement giving the applicant
control over the food and beverage at the premises, or deed evidencing
fee ownership of the premises.
(h) A financial statement adequate to show all persons who, directly
or indirectly have an economic interest in the establishment or
acquisition of the business for which the license or permit application
is being made, to identify the sources of funds to be applied in such
establishment or acquisition, and to describe the terms and conditions
governing such establishment with copies of such financial documents as
the authority may reasonably require.
(i) The fingerprints of the applicants. Fingerprints submitted by the
applicants shall be transmitted to the division of criminal justice
services and may be submitted to the federal bureau of investigation for
state and national criminal history record checks.
2. All license or permit applications shall be signed by the applicant
(if an individual), by an officer (if a corporation), or by all partners
(if a partnership). Each person signing such application shall verify it
or affirm it as true under the penalties of perjury.
3. All license or permit applications shall be accompanied by a check,
draft or other forms of payment as the authority may require or
authorize in the amount required by this chapter for such license or
permit.
4. If there be any change, after the filing of the application or the
granting of a license, in any of the facts required to be set forth in
such application, a supplemental statement giving notice of such change,
cost and source of money involved in the change, duly verified, shall be
filed with the authority within ten days after such change. Failure to
do so shall, if willful and deliberate, be cause for revocation of the
license.
5. In giving any notice, or taking any action in reference to a
licensee of a licensed premises, the authority may rely upon the
information furnished in such application and in any supplemental
statement connected therewith, and such information may be presumed to
be correct, and shall be binding upon a licensee or licensed premises as
if correct. All information required to be furnished in such
application or supplemental statements shall be deemed material in any
prosecution for perjury, any proceeding to revoke, cancel or suspend any
license, and in the authority's determination to approve or deny the
license.
6. The authority may in its discretion waive the submission of any
category of information described in this section for any category of
license or permit, provided that it shall not be permitted to waive the
requirement for submission of any such category of information solely
for an individual applicant or applicants and provided further that no
waiver of paragraph (f) of subdivision one of this section shall be
made.
7. The authority may, by rule, adopt additional categories of
information which may be reasonably necessary to carry out the
provisions of this section.
Notice of application for certain licenses to be published by
applicant. 1. Every person applying for a license to sell alcoholic
beverages pursuant to subdivision four of section fifty-one, or section
fifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one or
eighty-one-a of this chapter shall publish notice thereof pursuant to
subdivision two of this section.
2. All applicants required to publish notice of an application for a
license pursuant to subdivision one of this section shall, in such form
as prescribed by subdivision three of this section, publish such notice
as follows:
(a) Where the prospective licensed premises are located in any county
other than New York, Kings, Queens or Bronx, notice shall be published
once a week for two successive weeks in a daily or weekly newspaper, to
be designated by the county clerk, published in the city, town or
village in which the prospective licensed premises are located, except
that if there shall be no daily or weekly newspaper published in the
city, town or village in which the prospective licensed premises are
located, then such notice shall be published in a daily or weekly
newspaper, to be designated by the county clerk, published in the county
in which the prospective licensed premises are located, once a week for
two successive weeks.
(b) Where the prospective licensed premises are located in the
counties of New York, Kings, Queens or Bronx, such notice shall be
published once a week for two successive weeks in one daily and one
weekly newspaper, to be designated by the county clerk, published in the
county in which the prospective licensed premises are located.
3. Such notice shall be printed in English, in substantially the
following form:
Form of notice for on-premises license. Notice is hereby given that
license (fill in beer, liquor or wine as the case may be, and license
number) has been applied for by the undersigned to sell (beer, liquor or
wine, as the case may be) at retail in a (hotel, club, restaurant,
vessel, car, or other type of establishment, as the case may be) under
the alcoholic beverage control law at (fill in street address, city,
town or village and county in which licensed premises are located) for
on-premises consumption.
(Name of licensee)
(Address of licensee)
4. The provisions of this section shall apply only to the application
for the original license issued to the licensee for the premises.
5. Except for good cause shown, the first publication of such notice
shall be made within ten days after the date of the submission of the
application for such license to the authority. Two original copies of
proof of such publication, in the form set forth in this subdivision
shall be obtained by the applicant for such license, who shall within
fifteen days of receipt of such original copies of such proof, submit
one original copy to the authority, and the second original copy of such
proof shall be retained by the applicant for such license. Except for
good cause shown, the authority shall not issue the license sought by
the applicant unless such proof is submitted within such fifteen-day
period. The form of proof of such publication shall be as follows:
State of New York)
) ss.:
County of .......)
.............. of ..................... being duly sworn, says that he is
............ of the publishers of the ...................... (daily) or
(weekly) newspaper (printed and) published in the (city, town, or
village and county) ......................, and that the notice of which
the annexed is a true copy, has been published in said newspaper for two
successive weeks commencing on the ............. day of
...................... 199....
.............................
Sworn to before me this ............. day
of ...................
Notification to municipalities. 1. Not more than two hundred
seventy days before filing any of the following applications, an
applicant shall notify the municipality in which the premises is located
of such applicant's intent to file such an application:
(a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
sixty-four-f, eighty-one or eighty-one-a of this chapter;
(b) for a renewal under section one hundred nine of this chapter of a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or
eighty-one-a of this chapter if the premises is located within the city
of New York;
(c) for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within the city of New York and
licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or
eighty-one-a of this chapter;
(d) for approval of a substantial corporate change under section
ninety-nine-d of this chapter if the premises is located within the city
of New York and licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,
eighty-one or eighty-one-a of this chapter; or
(e) for a temporary retail permit issued under paragraph (b) of
subdivision one of section ninety-seven-a of this chapter where the
establishment is to be licensed pursuant to section fifty-five,
fifty-five-a, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,
sixty-four-d, sixty-four-f, eighty-one or eighty-one-a of this chapter
located in a city with a population of one million or more people. If an
applicant subject to this paragraph shall, after filing an application
for a retail license and providing proper notice for such application
pursuant to paragraph (a) of this subdivision, subsequently file an
application for a temporary retail permit pursuant to section
ninety-seven-a of this chapter at the same premises, such applicant must
file additional notice pursuant to this paragraph; provided, however,
such notice will be effective at the later of its proper service under
this section or thirty days from the date proper notice was served under
paragraph (a) of this subdivision for the license at the same premises.
1-a. The proof of notification, provided for in subdivisions six and
six-a of this section, must be provided at the time of application;
failure to so provide shall constitute good cause for denial.
1-b. The authority may not act to approve any application subject to
this section prior to the passage of thirty days from the date
notification was provided to the municipality.
2. Such notification shall be made to the clerk of the village, town
or city, as the case may be, wherein the premises is located. For
purposes of this section:
(a) notification need only be given to the clerk of a village when the
premises is located within the boundaries of the village; and
(b) in the city of New York, the community board established pursuant
to section twenty-eight hundred of the New York city charter with
jurisdiction over the area in which the premises is located shall be
considered the appropriate public body to which notification shall be
given.
3. For purposes of this section, "substantial corporate change" shall
mean:
(a) for a corporation, a change of eighty percent or more of the
officers and/or directors, or a transfer of eighty percent or more of
stock of such corporation, or an existing stockholder obtaining eighty
percent or more of the stock of such corporation; and
(b) for a limited liability company, a change of eighty percent or
more of the managing members of the company, or a transfer of eighty
percent or more of ownership interest in said company, or an existing
member obtaining a cumulative of eighty percent or more of the ownership
interest in said company.
4. Such notification shall be made in such form as shall be prescribed
by the rules of the liquor authority.
5. A municipality may express an opinion for or against the granting
of such application. Any such opinion shall be deemed part of the record
upon which the liquor authority makes its determination to grant or deny
the application.
6. Such notification shall be made by: certified mail, return receipt
requested; overnight delivery service with proof of mailing; or personal
service upon the offices of the clerk or community board.
6-a. Such notification may be made by email, provided the municipality
or community board in which the premises is located elects to take
service in such form. Such an election shall be in a writing signed by
the authorized agent or clerk of the municipality or community board.
Proof of email service shall be provided to the authority in the form of
an email from the municipality or community board that reasonably
identifies the applicant, or by other such forms of proof as determined
by the authority.
7. The liquor authority shall require such notification to be on a
standardized form that can be obtained on the internet or from the
liquor authority and such notification to include:
(a) the trade name or "doing business as" name, if any, of the
establishment;
(b) the full name of the applicant;
(c) the street address of the establishment, including the floor
location or room number, if applicable;
(d) the mailing address of the establishment, if different than the
street address;
(e) the name, address and telephone number of the attorney or
representative of the applicant, if any;
(f) a statement indicating whether the application is for:
(i) a new establishment;
(ii) a transfer of an existing licensed business;
(iii) a renewal of an existing license; or
(iv) an alteration of an existing licensed premises;
(g) if the establishment is a transfer or previously licensed
premises, the name of the old establishment and such establishment's
license serial number;
(h) in the case of a renewal or alteration application, the license
serial number of the applicant; and
(i) the type of license.
Public license query. 1. The authority shall make available
to the public all digitally archived information pertaining to any
conditions it imposes on the operation of a premises licensed by the
authority pursuant to this chapter, including but not necessarily
limited to information pertaining to the hours during which the licensed
premises is allowed to operate, the maximum permitted occupancy of the
licensed premises, and any special conditions imposed by the authority
on the licensed premises.
2. The authority shall make available to the public on its website a
daily updated list or lists of all pending license applications. Such
list shall include the serial, certificate or other identifying number
assigned by the authority; the status of the application; the name of
the applicant; the complete address, including county, of the applied
for premises; the license type and class the applicant is seeking; the
date such application was received; based on the date submitted, an
estimated timeframe, specified as a date, for a determination on the
application. For any unreasonable delay that is caused solely by an
action of the authority, this timeframe will be updated; if the
authority has issued any temporary permit for the premises related to
the current application; and the final date of an applications
determination.
3. The authority shall maintain a record of the number of licenses
applied for and the length of time required for the approval or denial
of such licenses on its public website. Such records shall be updated at
least monthly by the authority.
4. The authority shall, where feasible and resources permitting,
develop or cause to be developed up-grades to their information
technology systems that will enable greater transparency for applicants
with respect to their application status and estimated processing times
for final determination on a license application.
License to be confined to premises licensed. A license issued
to any person, pursuant to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter, for any licensed premises
shall not be transferable to any other person or to any other premises
or to any other part of the building containing the licensed premises
except in the discretion of the authority. It shall be available only to
the person therein specified, and only for the premises licensed and no
other except if authorized by the authority. Provided, however, that
the provisions of this section shall not be deemed to prohibit the
issuance of a license under section seventy-six-b or seventy-six-c of
this chapter. For the purposes of this section each railroad car and
each vessel shall be deemed premises separately to be licensed.
Use of contiguous and non-contiguous municipal public space
for on-premises alcoholic beverage sales by certain licensees. 1. The
holder of a retail on-premises license issued pursuant to sections
fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d,
eighty-one, or eighty-one-a of this chapter or a manufacturing license
that includes a privilege to sell and/or serve alcoholic beverages at
retail for on-premises consumption on the licensed premises issued
pursuant to section thirty, thirty-one, fifty-one, fifty-one-a,
fifty-eight, fifty-eight-c, subdivision two-c of section sixty-one,
section seventy-six, seventy-six-a, seventy-six-c, or seventy-six-d of
this chapter may file an alteration application with the authority
pursuant to subdivision one of section ninety-nine-d of this chapter for
permission to add municipal public space that is either contiguous or
non-contiguous to the licensed premises. Upon approval of such
alteration application, such a licensee may exercise the privilege to
sell and/or serve alcoholic beverages at retail for on-premises
consumption on contiguous municipal public space or non-contiguous
municipal public space provided:
(a) the municipality in which the licensed premises is located issues
a permit or the responsible municipal regulatory body or agency issues
written authorization to the licensee to sell and/or serve food on such
contiguous municipal public space or non-contiguous municipal public
space;
(b) the licensee submits to the liquor authority a copy of such
municipal permit or other written authorization along with the
alteration application;
(c) the licensee submits to the liquor authority a copy of the permit
application submitted to the municipality to obtain the municipal permit
or other written authorization from the municipality along with the
alteration application;
(d) the licensee submits to the liquor authority a diagram depicting
both the licensed premises and the contiguous municipal public space or
non-contiguous municipal public space to be used by the licensee with
the alteration application;
(e) the licensee submits to the liquor authority proof that it has
provided community notification to the municipality, including
municipalities outside the city of New York, in a manner consistent with
or required by subdivision two of section one hundred ten-b of this
article as required for the city of New York;
(f) the licensee submits proof to the liquor authority that: (i) such
licensee has obtained workers' compensation insurance for all employees,
as required by the workers' compensation law; and (ii) such licensee has
obtained general liability insurance to provide coverage against
liability for injury sustained by persons on the contiguous municipal
public space or non-contiguous municipal public space used by the
licensee and, if applicable, persons and cyclists using or crossing a
bike thoroughfare that connects the licensed premises to the
non-contiguous municipal public space used by the licensee. The licensee
shall maintain such general liability coverage during the term of its
municipal permit or written authorization to use the contiguous
municipal public space or non-contiguous municipal public space; and
(g) use of any such contiguous or non-contiguous municipal public
space meets all applicable federal, state or local laws, rules,
regulations, guidance, conditions or requirements.
2. For the purposes of this section: (a) "non-contiguous municipal
public space" shall mean space that: (i) is located in front of, behind,
or to the side of the licensed premises; (ii) is within the property
boundaries of the licensed premises as extended out; or within the
property boundaries of the nearest adjacent properties on either side;
(iii) does not extend further than the midline of any public roadway;
(iv) is separated from the licensed premises only by one or more of the
following: a pedestrian thoroughfare, a thoroughfare primarily
restricted to use by bicycles, or a portion of a thoroughfare with such
restrictions; and (v) otherwise complies with all applicable federal,
state and local requirements.
(b) "Contiguous municipal public space" shall mean space that: (i) is
located in front of, behind, or to the side of the licensed premises;
(ii) is within the property boundaries of the licensed premises as
extended out; or within the property boundaries of the nearest adjacent
properties on either side; (iii) otherwise complies with all applicable
federal, state and local requirements.
3. Licensees choosing to utilize non-contiguous municipal public space
that includes a thoroughfare primarily restricted to use by bicycles, or
a portion of a thoroughfare with such restrictions, shall post a sign or
poster in said municipal outdoor space with conspicuous lettering in at
least seventy-two point bold face font that states: "CAUTION: BICYCLE
LANE" prior to and while utilizing any such municipal space for
on-premises alcoholic beverage sales to patrons. Such licensees shall be
solely responsible for production of and maintenance of such signage.
Compliance by the licensee with the provisions of any local law
requiring posting of warning signs regarding bicycle lanes enacted on or
before the effective date of this section shall be deemed to be in
compliance with the provisions of this section. Nothing contained
herein, however, shall be deemed to exempt any licensee not otherwise
subject to the provisions of any such local law from complying with the
provisions of this section.
4. If at any time the municipality revokes, cancels or suspends or
otherwise terminates the licensee's authorization to use such contiguous
municipal public space or non-contiguous municipal public space, the
licensee shall immediately cease exercising the privilege to sell and/or
serve alcoholic beverages at retail for consumption on such municipal
public space. The licensee shall then file a new alteration application
removing the municipal public space from its licensed premises. The
failure to file a new alteration application with the authority within
ten business days of the revocation, cancellation, suspension, or other
termination by the local municipality of the licensee's authorization to
use such contiguous or non-contiguous municipal public space shall be
cause for revocation, cancellation, suspension and/or imposition of a
civil penalty against the license in accordance with section one hundred
eighteen of this article.
5. The authority may promulgate guidance, rules and/or regulations
necessary to implement the provisions of this section. Notwithstanding
existing provisions of this chapter, the authority is authorized to
provide simplified applications and notification procedures for
licensees seeking to utilize municipal space for on-premises alcoholic
beverage sales whenever possible or appropriate. Nothing in this section
shall prohibit the authority from requesting additional information from
any applicant seeking to use new municipal space or renewal of existing
municipal space.
Bonds of licensees and permittees. The liquor authority may
require the licensees and permittees of one or more of the kinds or
classes described in this chapter to file with it a bond to the people
of the state of New York issued by a surety company, approved by the
superintendent of financial services as to solvency and responsibility
and authorized to transact business in this state, in such penal sum as
the liquor authority may heretofore have prescribed or hereafter shall
prescribe, conditioned that such licensee or permittee will not suffer
or permit any violation of the provisions of this chapter and that all
fines and penalties which shall accrue, during the time the license or
permit shall be in effect, will be paid, together with all costs taxed
or allowed in any action or proceeding brought or instituted for a
violation of any of the provisions of this chapter. A suit to recover on
any bond filed pursuant to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter may be brought by the
liquor authority or on relation of any party aggrieved, in a court of
competent jurisdiction and in the event that the obligor named in such
bond has violated any of the conditions of such bond, recovery for the
penal sum of such bond may be had in favor of the people of the state.
Notwithstanding the provisions of this section, no bond shall be
required to be filed by the holder of a solicitor's permit issued under
section ninety-three of this chapter.
Premises for which no license shall be granted. 1. Where a
license for any premises licensed has been revoked, the liquor authority
in its discretion may refuse to issue a license under this chapter, for
a period of two years after such revocation, for such licensed premises
or for any part of the building containing such licensed premises and
connected therewith.
2. In determining whether to issue such a license for such two year
period, in addition to any other factors deemed relevant, the liquor
authority shall, in the case of a license revoked due to the illegal
sale of alcohol to a minor, determine whether the proposed subsequent
licensee has obtained such premises through an arm's length transaction,
and, if such transaction is not found to be an arm's length transaction,
the liquor authority shall deny the issuance of such license.
3. For purposes of this section, "arm's length transaction" shall mean
a sale of a fee of all undivided interests in real property, lease,
management agreement, or other agreement giving the applicant control
over the food and beverage at the premises, or any part thereof, in the
open market, between an informed and willing buyer and seller where
neither is under any compulsion to participate in the transaction,
unaffected by any unusual conditions indicating a reasonable possibility
that the sale was made for the purpose of permitting the original
licensee to avoid the effect of the revocation. The following sales
shall be presumed not to be arm's length transactions unless adequate
documentation is provided demonstrating that the sale, lease, management
agreement, or other agreement giving the applicant control over the food
and beverage at the premises, was not conducted, in whole or in part,
for the purpose of permitting the original licensee to avoid the effect
of the revocation:
(a) a sale between relatives;
(b) a sale between related companies or partners in a business; or
(c) a sale, lease, management agreement, or other agreement giving the
applicant control over the food and beverage at the premises, affected
by other facts or circumstances that would indicate that the sale,
lease, management agreement, or other agreement giving the applicant
control over the food and beverage at the premises, is entered into for
the primary purpose of permitting the original licensee to avoid the
effect of the revocation.
Licenses, publication, general provisions. 1. All licenses
issued pursuant to this chapter shall be distinctive in color and design
so as to be readily distinguishable from each other.
2. No license shall be transferable or assignable except that
notwithstanding any other provision of law, the license of a sole
proprietor converting to corporate form, where such proprietor becomes
the sole stockholder and only officer and director of such new
corporation, may be transferred to the subject corporation if all
requirements of this chapter remain the same with respect to such
license as transferred and, further, the licensee shall transmit to the
authority, within ten days of the transfer of license allowable under
this subdivision, on a form prescribed by the authority, notification of
the transfer of such license.
3. No license shall be pledged or deposited as collateral security for
any loan or upon any other condition; and any such pledge or deposit,
and any contract providing therefor, shall be void.
4. Licenses issued under this chapter shall contain, in addition to
any further information or material to be prescribed by the rules of the
liquor authority, the following information: (a) Name of person to whom
license is issued; (b) kind of license and what kind of traffic in
alcoholic beverages is thereby permitted; (c) description by street and
number, or otherwise, of licensed premises; (d) a statement in substance
that such license shall not be deemed a property or vested right, and
that it may be revoked at any time pursuant to law.
5. There shall be printed and furnished by the liquor authority to
each licensee a statement of the causes for which licenses may be
revoked. Such statement shall be prepared by the liquor authority and
delivered to the licensee with his license or as soon thereafter as may
be practicable. Any amendments thereto shall also be sent by the liquor
authority to all licensees as soon as may be practicable after such
amendments. Failure to send such statements or changes therein, or
failure to receive the same, or any misstatement or error contained in
such statements or amendments shall, however, not be an excuse or
justification for any violation of law, or prevent, or remit, or
decrease any penalty or forfeiture therefor.
6. Before commencing or doing any business for the time for which a
license has been issued said license shall be enclosed in a suitable
wood or metal frame having a clear glass space and a substantial wood or
metal back so that the whole of said license may be seen therein, and
shall be posted up and at all times displayed in a conspicuous place in
the room where such business is carried on, so that all persons visiting
such place may readily see the same. It shall be unlawful for any person
holding a license to post such license or to permit such license to be
posted upon premises other than the premises licensed, or upon premises
where traffic in alcoholic beverages is being carried on by any person
other than the licensee, or knowingly to deface, destroy or alter any
such license in any respect. Whenever a license shall be lost or
destroyed without fault on the part of the licensee or his agents or
employees, a duplicate license in lieu thereof may be issued by the
liquor authority in its discretion and in accordance with such rules and
regulations and the payment of such fees, not exceeding five dollars, as
it may prescribe.
License or permit issuance and registration approval. 1. The
authority upon receiving an application and appropriate payment shall,
to the extent practicable, provide the applicant with a receipt within
twenty-five business days. Such receipt shall include the date of
acceptance of such application as well as an estimated length of time
necessary for the authority to review and make a determination on such
application. Such receipt shall include a unique serial, certification
or other identifying number.
2. No license or permit shall be issued and no registration approved
pursuant to this chapter until such time as any check or draft submitted
for payment of the required fee has been honored by the payor financial
institution, provided, however, that this provision shall not apply in
the case of a certified check, bank officers' check or money order.
Rules need not be uniform. Whenever in this chapter the liquor
authority is authorized to adopt rules in respect to a particular
subject or matter, such rules need not be uniform in their application
to the various localities within the jurisdiction of such authority, but
may vary in accordance with a reasonable classification of such
localities.
Deliveries of alcoholic beverages. No alcoholic beverage shall
be transported within this state by any vehicle unless such vehicle is
owned and operated, or hired and operated by a licensee and unless there
shall be attached to or inscribed upon both sides of such vehicle so as
to be visible from a reasonable distance, a sign setting forth the name
and address of such licensee in such form and with such additional
information as the liquor authority may prescribe; provided, however,
(a) that alcoholic beverages may be transported by a retail licensee to
the home of a purchaser not to be resold by the purchaser; (b) that
alcoholic beverages owned by a person may be transported from place to
place not for purposes of sale; (c) that alcoholic beverages may be
delivered from a licensee to a steamship or railroad station or terminal
for purposes of transportation, and may be delivered from a steamship or
railroad station or terminal to a purchaser for purposes of consumption,
or to a licensee by any bona fide trucking agency holding a permit under
this chapter. In lieu of such sign, a licensee may have in the cab of
such vehicle a photostatic copy of its current license issued by the
authority, and such copy duly authenticated by the authority.
Transportation of alcoholic beverages. No common carrier or
person operating a transportation facility in this state, other than the
United States government, shall receive for transportation or delivery
within the state any alcoholic beverages unless the shipment is
accompanied by copy of a bill of lading, or other document, showing the
name and address of the consignor, the name and address of the
consignee, the date of the shipment, and the quantity and kind of
alcoholic beverage contained therein.
Unlimited drink offerings prohibited. 1. No licensee, acting
individually or in conjunction with one or more licensees, shall:
(a) offer, sell, serve, or deliver to any person or persons an
unlimited number of drinks during any set period of time for a fixed
price.
(b) allow a person, agent, party organizer, or promoter, as such terms
shall be defined by the authority in rule and regulation, to offer,
sell, serve, or deliver to any person or persons an unlimited number of
drinks during any set period of time for a fixed price.
(c) advertise, promote, or charge a price for drinks that in the
judgment of the authority creates an offering of alcoholic beverages in
violation of the purposes and intent of this section, or which in the
judgment of the authority is an attempt to circumvent the intent and
purposes of this section, such as, but not limited to, offerings of free
drinks, or multiple drinks for free or for the price of a single drink,
or for a low initial price followed by a price increment per hour or
other period of time, or for such a minor amount that in the judgment of
the authority the pricing would constitute an attempt to circumvent the
intent and purposes of this section.
2. As used in this section, licensee means and includes the licensee,
and any employees, or agents of such licensee.
3. With respect to an individual licensee, this section shall not
apply to private functions not opened to the public, such as weddings,
banquets, or receptions, or other similar functions, or to a package of
food and beverages where the service of alcoholic beverages is
incidental to the event or function.
4. The authority shall investigate any documented allegation of a
violation of this section upon a complaint by any person.
5. The authority shall promulgate rules and regulations necessary to
implement the provisions of this section.
6. The provisions of this section shall not apply to the holder of a
temporary permit under subdivision five of section ninety-seven of this
chapter.
Possession or use of alcohol vaporizing devices prohibited.
1. For purposes of this section, "alcohol vaporizing device" means any
device, machine or process which mixes spirits, liquor or other alcohol
product with pure oxygen or other gas to produce a vaporized product for
the purpose of consumption by inhalation.
2. No licensee shall knowingly possess or make available for use an
alcohol vaporizing device upon the premises of an establishment licensed
pursuant to this chapter.
3. A violation of the provisions of this section shall be an offense
punishable by a fine of not more than five thousand dollars. A violation
of the provisions of this section after having been previously convicted
of such an offense within the previous five years shall be a class B
misdemeanor punishable by a fine of not more than ten thousand dollars.
4. Nothing in this section shall be construed to prohibit the
authority from instituting proceedings to suspend, cancel, or revoke a
license as provided in section seventeen of this chapter.
Revocation of licenses for cause. 1. Any license or permit
issued pursuant to this chapter may be revoked, cancelled, suspended
and/or subjected to the imposition of a civil penalty for cause, and
must be revoked for the following causes:
(a) Conviction of the licensee, permittee or his agent or employee for
selling any illegal alcoholic beverages on the premises licensed.
(b) For transferring, assigning or hypothecating a license or permit.
2. Notwithstanding the issuance of a license or permit by way of
renewal, the liquor authority may revoke, cancel or suspend such license
or permit and/or may impose a civil penalty against any holder of such
license or permit, as prescribed by this section and section one hundred
nineteen of this chapter, for causes or violations occurring during the
license period immediately preceding the issuance of such license or
permit, and may recover, as provided in section one hundred twelve of
this chapter, the penal sum of the bond on file during said period.
3. (a) As used in this section, the term "for cause" shall also
include the existence of a sustained and continuing pattern of noise,
disturbance, misconduct, or disorder on or about the licensed premises,
related to the operation of the premises or the conduct of its patrons,
which adversely affects the health, welfare or safety of the inhabitants
of the area in which such licensed premises are located.
(b) (i) As used in this section, the term "for cause" shall also
include, for licensees that sell alcoholic beverages for on premises
consumption, deliberately misleading the authority:
(A) as to the nature and character of the business to be operated on
the licensed premises; or
(B) by substantially altering the nature or character of such business
at the licensed premises during the licensing period without seeking
appropriate approvals from the authority.
(ii) As used in this subdivision, the term "substantially altering the
nature or character" of such business shall mean any significant
alteration in the scope of business activities conducted at a licensed
premises that would require obtaining an alternate form of license.
(c) As used in this section, the term "for cause" shall also include a
licensee's or permittee's failure to cure a violation of law or rule in
the time period prescribed by the authority pursuant to subdivision six
of this section.
4. As used in this chapter, the existence of a sustained and
continuing pattern of noise, disturbance, misconduct, or disorder on or
about the licensed premises, related to the operation of the premises or
the conduct of its patrons, will be presumed upon the sixth incident
reported to the authority by a law enforcement agency of noise or
disturbance or misconduct or disorder on or about the licensed premises
or related to the operation of the premises or the conduct of its
patrons, in any sixty day period, absent clear and convincing evidence
of either fraudulent intent on the part of any complainant or a factual
error with respect to the content of any report concerning such
complaint relied upon by the authority.
5. Notwithstanding any other provision of this chapter to the
contrary, a suspension imposed under this section against the holder of
a license issued under section sixty-one-a of this chapter shall only
suspend the licensed activities related to the type of alcoholic
beverage involved in the violation resulting in the suspension.
6. (a) Notwithstanding any other provision of this chapter, in lieu of
commencement of a disciplinary proceeding against a licensee or
permittee, for a first-time violation of either a provision of this
chapter or a rule of the authority that is deemed by the authority under
its discretion to be de minimis under the circumstances, and is related
to (i) an administrative process, or (ii) paperwork requested or
received by the authority, or (iii) acts or omissions of the licensee or
permittee, the authority shall provide a cure period or other
opportunity for ameliorative action if the violation can be corrected.
(b) Upon such first-time violation, the authority shall (i) provide
the licensee with a copy of the applicable law or rule and any other
helpful guidance or information explaining such law or rule, to the
extent such materials exist, or (ii) to the extent practicable, provide
such licensee assistance with compliance with the law or the authority's
rules.
(c) The authority shall have the discretion to determine the
appropriate period of time to allow such licensee to cure or take such
other ameliorative action to address such violation, which shall be
reasonable but shall not be less than fifteen business days and not more
than twenty business days, unless a longer period is allowed pursuant to
law or regulation.
(d) No waiver of penalties or cure period or other opportunity for
ameliorative action may be given if the authority determines that such
violation may result in serious actual harm, or may present an
endangerment to public safety, human health or the environment, is a
violation of human or civil rights law, results in loss of employee
wages or benefits, interferes with any remedy, review, or resolution
related to harassment or discrimination claims, was or is a willful
violation, involves tax fraud, violates requirements related to federal
funding to the state, relates to state funding or procurement, is
similar to prior violations, is a penal law violation, relates to a
material or substantive portion of the licensee's business, or is in
contravention of the public interest and/or policy reflected by the
authority's mission.
Procedure for revocation or cancellation. 1. Any license or
permit issued by the liquor authority pursuant to chapter one hundred
eighty of the laws of nineteen hundred thirty-three or this chapter may
be revoked, cancelled or suspended and/or be subjected to the imposition
of a monetary penalty in the manner prescribed by this section.
2. The liquor authority may on its own initiative or on complaint of
any person institute proceedings to revoke, cancel or suspend any retail
license and may impose a civil penalty against the licensee after a
hearing at which the licensee shall be given an opportunity to be heard.
Such hearing shall be held in such manner and upon such notice as may be
prescribed by the rules of the liquor authority.
3. All other licenses or permits issued under this chapter may be
revoked, cancelled, suspended and/or made subject to the imposition of a
civil penalty by the liquor authority after a hearing to be held in the
manner to be determined by the rules of the liquor authority.
4. (a) The provisions of this subdivision shall apply in all cases of
licensee or permittee failure after receiving appropriate notice, to
comply with a summons, subpoena or warrant relating to a paternity or
child support proceeding and arrears in payment of child support or
combined child and spousal support referred to the authority by a court
pursuant to the requirements of section two hundred forty-four-c of the
domestic relations law or pursuant to section four hundred fifty-eight-b
or five hundred forty-eight-b of the family court act.
(b) Upon receipt of an order from the court based on arrears in
payment of child support or combined child and spousal support pursuant
to one of the foregoing provisions of law, the authority, if it finds
such person to have been issued a license or permit, shall within thirty
days of receipt of such order from the court, provide notice to the
licensee or permittee of, and initiate, a hearing which shall be held at
least twenty days and no more than thirty days after the sending of such
notice to the licensee or permittee. The hearing shall be solely held
for the purpose of determining whether there exists as of the date of
the hearing proof that full payment of all arrears of support
established by the order of the court to be due from the licensee or
permittee have been paid. Proof of such payment shall be a certified
check showing full payment of established arrears or a notice issued by
the court or the support collection unit, where the order is payable to
the support collection unit designated by the appropriate social
services district. Such notice shall state that full payment of all
arrears of support established by the order of the court to be due have
been paid. The licensee or permittee shall be given full opportunity to
present such proof of payment at the hearing in person or by counsel.
The only issue to be determined by the authority as a result of the
hearing is whether the arrears have been paid. No evidence with respect
to the appropriateness of the court order or ability of the respondent
party in arrears to comply with such order shall be received or
considered by the authority.
(c) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended if at the hearing, provided for by paragraph (b) of this
subdivision, the licensee or permittee fails to present proof of payment
as required by such subdivision. Such suspension shall not be lifted
unless the court or the support collection unit, where the court order
is payable to the support collection unit designated by the appropriate
social services district, issues notice to the authority that full
payment of all arrears of support established by the order of the court
to be due have been paid.
(d) Upon receipt of an order from the court based on failure to
comply with a summons, subpoena, or warrant relating to a paternity or
child support proceeding, the authority, if it finds such person has
been issued a license or permit, shall within thirty days of receipt of
such order from the court, provide notice to the licensee or permittee
that his or her license shall be suspended in sixty days unless the
conditions in paragraph (e) of this subdivision are met.
(e) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended in accordance with the provisions of paragraph (c) of this
subdivision unless the court terminates its order to commence suspension
proceedings. Such suspension shall not be lifted unless the court
issues an order to the authority terminating its order to commence
suspension proceedings.
(f) The authority shall inform the court of all actions taken
hereunder as required by law.
(g) This subdivision applies to support obligations paid pursuant to
any order of child support or child and spousal support issued under
provisions of article three-A or section two hundred thirty-six or two
hundred forty of the domestic relations law, or article four, five or
five-A of the family court act.
(h) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the provisions of this
subdivision shall apply to the exclusion of any other requirements of
this article and to the exclusion of any other requirement of law to the
contrary.
5. Where a licensee is convicted of two or more qualifying offenses
within a five year period, the authority, upon receipt of notification
of such second or subsequent conviction pursuant to the provisions of
subdivision two of section one hundred six-a of this article, shall, in
addition to any other sanction or civil or criminal penalty imposed
pursuant to this chapter, impose on such licensee a civil penalty not to
exceed five hundred dollars. For purposes of this subdivision, a
qualifying offense shall mean (a) the offense defined in subdivision one
of section sixty-five of this chapter; or (b) the offense defined in
paragraph (b) of subdivision one of section sixty-five-b of this
chapter. For purposes of this subdivision, a conviction of a licensee or
an employee or agent of such licensee shall constitute a conviction of
such licensee.
Decisions by liquor authority. A decision upon any application
or hearing submitted to or held by the liquor authority shall be
rendered within thirty days after such submission or hearing.
Corporate change; hearing on application. Upon the
disapproval by the authority of an application for a corporate change in
the stockholders, stockholdings, officers or directors the liquor
authority shall provide for a hearing at which the applicant may produce
any evidence it shall desire with reference to such disapproval by the
authority.
Review by courts. The following actions by the liquor authority
shall be subject to review by the supreme court in the manner provided
in article seventy-eight of the civil practice law and rules provided
that no stay shall be granted pending the determination of the matter
except on notice to the liquor authority and for a period not exceeding
thirty days:
1. Refusal by the liquor authority to issue a license or a permit.
2. The revocation, cancellation or suspension of a license or permit
by the liquor authority.
3. The failure or refusal by the liquor authority to render a decision
within the time required by section one hundred twenty of this article.
4. The transfer by the liquor authority of a license or permit to any
other premises, or the failure or refusal by the liquor authority to
approve such a transfer.
5. The issuance of an order of warning by the liquor authority.
6. Refusal to approve alteration of premises.
7. Refusal to approve a corporate change in stockholders,
stockholdings, officers or directors.
8. Refusal by the liquor authority to grant permission for an
additional bar pursuant to subdivision four of section one hundred of
this chapter.
Continuance of business by receiver or other representative.
If a corporation or copartnership holding any license or holding a
permit for which an annual fee of one hundred dollars or more is
prescribed by this chapter shall be dissolved, or if a receiver or
assignee for the benefit of creditors be appointed therefor, or if a
receiver, assignee for the benefit of creditors or a committee or
conservator of the property of an individual holding any license or
holding a permit for which an annual fee of one hundred dollars or more
is prescribed by this chapter be appointed, during the time for which
such license or permit was granted, or if a person, including a member
of a copartnership, holding any license or holding a permit for which an
annual fee of one hundred dollars or more is prescribed by this chapter
shall die during the term for which such license or permit was given,
such corporation, copartnership, receiver or assignee, or the
administrator or executor of the estate of such individual, or of such
deceased member of a copartnership, or a committee of the property of a
person adjudged to be incompetent, or a conservator of the property of
an individual, or a petition under title eleven of the United States
code shall have been filed and a trustee has been appointed or the
holder of the license of permit has been permitted to remain in
possession without the appointment of a trustee, may continue to carry
on such business upon such premises for the balance of the term for
which such license or permit was effective, with the same rights and
subject to the same restrictions and liabilities as if he had been the
original applicant for and the original holder, or one of either of
them, of such license or permit, providing the approval of the liquor
authority shall be first obtained. Before continuing such business, such
receiver, assignee, individual, committee, or conservator, debtor in
possession, or trustee in bankruptcy shall file a statement setting
forth in such form and substance as the liquor authority may prescribe
the facts and circumstances by which he has succeeded to the rights of
the original licensee or permittee. The liquor authority may, in its
discretion, permit the continuance of such business or may refuse to do
so. In the event that the authority determines to permit the continuance
of the business, the license or permit shall be submitted to the
authority and shall have affixed thereto a certificate in the form
prescribed by the authority. For each such certificate a fee shall be
paid to the liquor authority of fifty dollars by the applicant, except
in the case of an off-premise beer license, such fee shall be ten
dollars which shall be paid into the same fund as other license fees
herein provided for.
Injunction for unlawful manufacturing, sale or consumption of
liquor, wine or beer. 1. (a) If any person shall engage or participate
or be about to engage or participate in the manufacturing or sale of
liquor, wine or beer in this state without obtaining the appropriate
license therefor, or shall traffic in liquor, wine or beer contrary to
any provision of this chapter, or otherwise unlawfully, or shall traffic
in illegal liquor, wine or beer, or, operating a place for profit or
pecuniary gain, with a capacity for the assemblage of twenty or more
persons, shall permit a person or persons to come to such place of
assembly for the purpose of consuming alcoholic beverages without having
the appropriate license therefor pursuant to section sixty-four-b of
this chapter, the liquor authority or any taxpayer residing in the city,
village or town in which such activity is or is about to be engaged or
participated in or such traffic is being conducted, or the city, town or
village, may present a verified petition or complaint to a justice of
the supreme court at a special term of the supreme court of the judicial
district in which such city, village or town is situated, for an order
enjoining such person engaging or participating in such activity or from
carrying on such business. Such petition or complaint shall state the
facts upon which such application is based. Upon the presentation of the
petition or complaint, the justice or court shall grant an order
requiring such person to appear before such justice or court at or
before a special term of the supreme court in such judicial district on
the day specified therein, not more than ten days after the granting
thereof, to show cause why such person should not be permanently
enjoined from engaging or participating in such activity or from
carrying on such business, or why such person should not be enjoined
from carrying on such business contrary to the provisions of this
chapter. A copy of such petition or complaint and order shall be served
upon the person, in the manner directed by such order, not less than
three days before the return day thereof. On the day specified in such
order, the justice or court before whom the same is returnable shall
hear the proofs of the parties and may, if deemed necessary or proper,
take testimony in relation to the allegations of the petition or
complaint. If the justice or court is satisfied that such person is
about to engage or participate in the unlawful traffic in alcoholic
beverages or has unlawfully manufactured or sold liquor, wine or beer
without having obtained a license or contrary to the provisions of this
chapter, or has trafficked in illegal liquor, wine or beer, or, is
operating or is about to operate such place for profit or pecuniary
gain, with such capacity, and has permitted or is about to permit a
person or persons to come to such place of assembly for the purpose of
consuming alcoholic beverages without having such appropriate license,
an order shall be granted enjoining such person from thereafter engaging
or participating in or carrying on such activity or business. If, after
the entry of such an order in the county clerk's office of the county in
which the principal place of business of the corporation or
copartnership is located, or in which the individual so enjoined resides
or conducts such business, and the service of a copy thereof upon such
person, or such substituted service as the court may direct, such
person, copartnership or corporation shall, in violation of such order,
manufacture or sell liquor, wine or beer, or illegal liquor, wine, or
beer, or permit a person or persons to come to such place of assembly
for the purpose of consuming alcoholic beverages, such activity shall be
deemed a contempt of court and be punishable in the manner provided by
the judiciary law, and, in addition to any such punishment, the justice
or court before whom or which the petition or complaint is heard, may,
in his or its discretion, order the seizure and forfeiture of any
liquor, wine or beer and any fixtures, equipment and supplies used in
the operation or promotion of such illegal activity, including any bar,
bar or refrigeration equipment, vending machines, gaming machines and
jukeboxes, and such property shall be subject to forfeiture pursuant to
the provisions of subdivision two of this section. Costs upon the
application for such injunction may be awarded in favor of and against
the parties thereto in such sums as in the discretion of the justice or
court before whom or which the petition or complaint is heard may seem
proper.
(b) The owner, lessor and lessee of a building, erection or place
where alcoholic beverages are unlawfully manufactured, sold, consumed or
permitted to be unlawfully manufactured, sold or consumed may be made
respondents or defendants in the proceeding or action.
2. (a) This seized property shall be delivered by the peace officer,
acting pursuant to his special duties or police officer having made the
seizure to the custody of the authority or the district attorney of the
county wherein the seizure was made as may be directed by the court,
except that in the cities of New York and Buffalo, the seized property
shall be delivered to the custody of the authority or of the police
department of such cities, together with a report of all the facts and
circumstances of the seizure.
(b) It shall be the duty of the authority or such district attorney
or, if the seizure was made in the cities of New York or Buffalo, of the
authority or corporation counsel of such city, as the case may be, to
inquire into the facts of the seizure so reported and if it appears
probable that a forfeiture has been incurred, for the determination of
which the institution of proceedings in the supreme court is necessary,
to cause the proper proceedings to be commenced and prosecuted, at any
time after thirty days from the date of seizure, to declare such
forfeiture, unless, upon inquiry and examination the authority or such
person, as the case may be, decides that such proceedings can not
probably be sustained or that the ends of public justice do not require
that they should be instituted or prosecuted, in which case, the
authority or such person shall cause such seized property to be returned
to the owner thereof.
(c) Notice of the institution of the forfeiture proceeding shall be
served either (i) personally on the owners of the seized property or
(ii) by registered mail to the owners' last known address and by
publication of the notice once a week for two successive weeks in a
newspaper published or circulated in the county wherein the seizure was
made.
(d) Forfeiture shall not be adjudged where the owners established by
preponderance of the evidence that (i) the use of such seized property
was not intentional on the part of any owner, or (ii) said seized
property was used by any person other than an owner thereof, while such
seized property was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws of the
United States, or of any state.
(e) The authority or such person having custody of the seized
property, after such judicial determination of forfeiture, shall, by a
public notice of at least five days, sell such forfeited property at
public sale. The net proceeds of any such sale, after deduction of the
lawful expenses incurred, shall be paid into the general fund of the
county wherein the seizure was made except that the net proceeds of the
sale of property seized in the cities of New York and Buffalo shall be
paid into the respective general funds of such cities.
(f) Whenever any person interested in any property which is seized and
declared forfeited under the provisions of this section files with a
justice of the supreme court a petition for the recovery of such
forfeited property, the justice of the supreme court may restore said
forfeited property upon such terms and conditions as he deems reasonable
and just, if the petitioner establishes either of the affirmative
defenses set forth in paragraph (d) of subdivision two of this section
and that the petitioner was without personal or actual knowledge of the
forfeiture proceeding. If the petition be filed after the sale of the
forfeited property, any judgment in favor of the petitioner shall be
limited to the net proceeds of such sale, after deduction of the lawful
expenses and costs incurred by the seizing party.
(g) No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.
Liquor authority to be necessary party to certain proceedings.
The state liquor authority shall be made a party to all actions and
proceedings affecting in any manner the submission of the local option
questions provided for in this chapter, or the result of any vote
thereupon; to all actions and proceedings relative to issuance or
revocation of licenses or permits; to all injunction proceedings, and to
all other civil actions or proceedings which in any manner affect the
enjoyment of the privileges or the operation of the restrictions
provided for in this chapter.
Disposition of moneys received for license fees. The moneys
received for license fees provided for in this chapter shall be turned
over by the liquor authority to the state comptroller. It shall be
placed by the state comptroller in the fund derived from the proceeds of
the taxes on liquor, wine and beer provided for in article eighteen of
the tax law and become a part thereof and be subject to all of the
provisions of law relating to such fund.
Persons forbidden to traffic in alcoholic beverages. The
following are forbidden to traffic in alcoholic beverages:
1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law, unless subsequent to such conviction such person shall have
received an executive pardon therefor removing this disability, a
certificate of good conduct granted by the department of corrections and
community supervision, or a certificate of relief from disabilities
granted by the department of corrections and community supervision or a
court of this state pursuant to the provisions of article twenty-three
of the correction law to remove the disability under this section
because of such conviction.
1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the
authority pursuant to section one hundred eighteen of this chapter,
consistent with the provisions of article twenty-three-A of the
correction law. For any felony conviction by a court other than a court
of this state, the authority may request the department of corrections
and community supervision to investigate and review the facts and
circumstances concerning such a conviction, and such department shall,
if so requested, submit its findings to the authority as to whether the
corporation has conducted itself in a manner such that discretionary
review by the authority would not be inconsistent with the public
interest. The department of corrections and community supervision may
charge the licensee or applicant a fee equivalent to the expenses of an
appropriate investigation under this subdivision. For any conviction
rendered by a court of this state, the authority may request the
corporation, if the corporation is eligible for a certificate of relief
from disabilities, to seek such a certificate from the court which
rendered the conviction and to submit such a certificate as part of the
authority's discretionary review process.
2. A person under the age of twenty-one years.
3. A person who is not a citizen of the United States or a noncitizen
lawfully admitted for permanent residence in the United States.
4. A copartnership or a corporation, unless each member of the
partnership, or each of the principal officers and directors of the
corporation, is a citizen of the United States or a noncitizen lawfully
admitted for permanent residence in the United States, not less than
twenty-one years of age, and has not been convicted of any felony or any
of the misdemeanors, specified in section eleven hundred forty-six of
the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven, or of an offense defined
in section 230.20 or 230.40 of the penal law, or if so convicted has
received, subsequent to such conviction, an executive pardon therefor
removing this disability a certificate of good conduct granted by the
department of corrections and community supervision, or a certificate of
relief from disabilities granted by the department of corrections and
community supervision or a court of this state pursuant to the
provisions of article twenty-three of the correction law to remove the
disability under this section because of such conviction; provided
however that a corporation which otherwise conforms to the requirements
of this section and chapter may be licensed if each of its principal
officers and more than one-half of its directors are citizens of the
United States or noncitizens lawfully admitted for permanent residence
in the United States; and provided further that a corporation organized
under the not-for-profit corporation law or the education law which
otherwise conforms to the requirements of this section and chapter may
be licensed if each of its principal officers and more than one-half of
its directors are not less than twenty-one years of age and none of its
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a college as defined by
section two of the education law which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
principal officers and each of its directors are not less than eighteen
years of age.
5. (a) A person who shall have had any license issued under this
chapter revoked for cause, until the expiration of two years from the
date of such revocation.
(b) A person not licensed under the provisions of this chapter, who
has been convicted of a violation of this chapter, until the expiration
of two years from the date of such conviction.
6. A corporation or copartnership, if any officer and director or any
partner, while not licensed under the provisions of this chapter, has
been convicted of a violation of this chapter, or has had a license
issued under this chapter revoked for cause, until the expiration of two
years from the date of such conviction or revocation.
* 8. Notwithstanding any of the provisions of this section, the
authority is authorized to waive the citizenship requirements therein,
provided that the applicant otherwise conforms to the requirements of
this section, and the application is for a premises located in the area
leased by the city of New York to the New York World's Fair 1964-1965
Corporation pursuant to the provisions of chapter four hundred
twenty-eight of the laws of nineteen hundred sixty as amended by chapter
nine hundred nine of the laws of nineteen hundred sixty-one, during the
term or duration of such lease.
* NB Expired January 31, 1966
Surrender and cancellation of licenses; payment of refunds;
notice to police officials. 1. If a person holding a license to traffic
in alcoholic beverages under the provisions of this chapter, against
whom no complaint, prosecution or action is pending on account of any
violation thereof, shall voluntarily, and before arrest or indictment
for a violation of this chapter, cease to traffic in alcoholic beverages
during the term for which the license fee is paid, such person may
surrender such license to the liquor authority for cancellation and
refund, provided that such license shall have at least one month to run
at the time of such surrender. Such refund shall be computed for full
months less thirty dollars, commencing with the first day of the month
succeeding the one in which such license is surrendered, unless such
surrender be on the first day of the month; and at the same time such
person shall present to the liquor authority a verified petition setting
forth all facts required to be shown by the liquor authority upon such
surrender. The liquor authority shall thereupon compute the amount of
refund then due on said license for the unexpired term thereof, and
shall execute a receipt therefor showing the name of the person to whom
such license was issued, the number thereof, date when issued, amount of
license fee paid therefor, and the date when surrendered for
cancellation, together with the amount of refund due thereon at such
date as computed by it, and the name of the person entitled to receive
the refund. Such receipt shall be delivered by the liquor authority to
the person entitled thereto. If within thirty days from the date of such
surrender and application, the person surrendering such certificate
shall be arrested or indicted for a violation of this chapter, or
proceedings shall be instituted for the cancellation of such
certificate, or an action shall be commenced against him for penalties,
such petition shall not be granted until the final determination of such
proceedings or actions; and if the said petitioner be convicted, or said
action or proceedings be determined against him, the authority may
direct that any refund due thereunder be forfeited or may impose such
other penalty or conditions it may deem appropriate in the circumstances
but if such petitioner be acquitted, or such proceedings or action
against him be dismissed on the merits or, if within such time, no such
action or proceeding shall be brought against such person, then the
liquor authority shall prepare an order for the payment of such refund,
directed to the comptroller, to be paid him, on his audit, upon the
surrender of the receipt theretofore given such person; provided,
however, that if any taxes or penalties imposed by article eighteen of
the tax law or if any civil penalties imposed under this chapter are
unpaid by such person, the amount of such taxes, penalties or civil
penalties shall be deducted from the amount of such refund. Any refunds
due on the surrender and cancellation of licenses pursuant to this
section shall be paid by the comptroller from moneys in his custody,
derived from license fees received pursuant to this chapter.
2. It shall be the duty of the liquor authority, upon the receipt of a
license surrendered for cancellation and refund pursuant to this
section, to immediately serve a written or printed notice upon the
commissioner of police, chief of police, or chief police officer of the
city, borough or village in which the place for which the surrendered
license was issued is situated, or upon the sheriff of the county and a
constable of the town, in case the license was issued for a place
situated in a town and not within any city, borough or village, which
notice shall include a statement of the number of the surrendered
license, the name and place of residence of the holder of the license at
the time of surrender, the location of the place for which the license
was issued and was held at the time of surrender by street and number,
if any, otherwise such apt description as will definitely locate the
premises; the fact that such license has been surrendered; that the
traffic in alcoholic beverages at said premises by any one is not
authorized until a new license has been obtained therefor; and the date
when such license was surrendered for cancellation. Such notice may be
served by registered or certified mail, by inclosing the same in a
post-paid sealed envelope, duly addressed to such officer.
Surrender and cancellation of permits; payment of refunds;
notice to police officials. The procedure prescribed by the provisions
of section one hundred twenty-seven of this chapter shall be applicable
to permits issued pursuant to this chapter. Notwithstanding anything to
the contrary contained in this chapter, no refund shall be payable with
respect to any special permit issued pursuant to section ninety-nine-c.
Payment of refunds on special permits and notice to police
officers. Where a special permit to remain open until three
antemeridian has been issued under subdivision two of section
ninety-nine of this chapter, in a county where a regulation of a local
board further restricting the hours during which alcoholic beverages may
be sold for on-premises consumption shall have been rescinded by such
local board during the period for which the special permit was issued,
the holder of such special permit shall be entitled to a refund computed
for full months commencing with the first day of the month succeeding
the month in which the rescission of the local regulation occurred. The
procedure with reference to the payment of refunds and notice to police
officials shall be as nearly as possible the same as outlined in section
one hundred and twenty-seven of this chapter.
Refunds on licenses and permits erroneously or unlawfully
cancelled, revoked or suspended. If a license or permit issued under
this chapter is cancelled, revoked or suspended and thereafter the
action of the state liquor authority effecting such cancellation,
revocation or suspension is reversed or annulled, upon application made
within six months of the date of such judgment of reversal or annulment
there shall be refunded to such licensee or his assignee such proportion
of the fee paid for such license or permit as the period that such
licensee or permittee has not had the beneficial use of such license or
permit by reason of such cancellation, revocation or suspension bears to
the full period for which the license or permit was issued. The
provisions of section one hundred twenty-seven of this chapter so far as
they can be made applicable and are not inconsistent with this section,
shall govern the procedure to be followed in making application for
refunds under this section.
Refunds on over-payment of fees; permit not issued. Monies
heretofore or hereafter received by the authority pursuant to this
chapter may, within three years from the receipt thereof, be refunded to
the applicant for the license or permit, on satisfactory proof that:
a. Such monies were in excess of the amount required by this chapter,
to the extent of such excess.
b. The permit for which application was made has not been issued.
Such refunds shall, upon approval by the authority and after audit by
the state comptroller, be paid from any monies in the custody of the
comptroller, derived from fees received pursuant to this chapter.
Certain officials not to be interested in manufacture or sale
of alcoholic beverages. 1. Except as otherwise provided in section one
hundred twenty-eight-a and section one hundred twenty-eight-b of this
article, it shall be unlawful for any police commissioner, police
inspector, captain, sergeant, roundsman, patrolman or other police
official or subordinate of any police department in the state, to be
either directly or indirectly interested in the manufacture or sale of
alcoholic beverages or to offer for sale, or recommend to any licensee
any alcoholic beverages. A person may not be denied any license granted
under the provisions of sections fifty-four, fifty-five, fifty-nine,
sixty-three, sixty-four, seventy-nine, eighty-one, or article seven of
this chapter solely on the grounds of being the spouse of a public
servant described in this subdivision. The solicitation or
recommendation made to any licensee, to purchase any alcoholic beverages
by any police official or subordinate as hereinabove described, shall be
presumptive evidence of the interest of such official or subordinate in
the manufacture or sale of alcoholic beverages.
2. No elective village officer shall be subject to the limitations set
forth in subdivision one of this section unless such elective village
officer shall be assigned duties directly relating to the operation or
management of the police department.
Police officers allowed to work in licensed premises in
certain cases. Notwithstanding any inconsistent provision of law to the
contrary, the authority shall promulgate such rules and regulations as
may be necessary to provide that it shall not be unlawful for a police
officer employed in this state, having written permission and consent
from his commanding officer, to work in a premises licensed to sell beer
at retail for off-premises consumption under section fifty-four of this
chapter or to work solely as a security guard or director of traffic on
the premises of a volunteer firefighters' organization licensed to sell
beer and wine at retail pursuant to a temporary permit for on-premises
consumption under section ninety-seven of this chapter.
Police officers allowed to serve as an officer of a volunteer
firefighters' organization. Notwithstanding any inconsistent provision
of law to the contrary, a volunteer firefighters' organization shall not
be precluded from applying for an on-premises license or permit under
the provisions of this chapter due to the presence of a police officer
serving as an officer of such organization and the state liquor
authority shall be authorized to issue such license or permit.
Police officers allowed to serve as an officer of veterans'
organization. Notwithstanding any inconsistent provision of law to the
contrary, a veterans' organization, including, but not limited to the
Veterans of Foreign Wars, the American Legion, or any other "veterans
club" identified in subdivision nine of section three of this chapter,
shall not be precluded from applying for an on-premises license or
permit under the provisions of this chapter due to the presence of a
police officer serving as an officer of such organization and the state
liquor authority shall be authorized to issue such license or permit.
Surrender of license; notice to police officials. Within three
days after a license shall have been revoked pursuant to this chapter,
notice thereof shall be given to the licensee by mailing such notice
addressed to him at the premises licensed. Notice shall also be mailed
to the owner of the premises licensed. The holder of such license shall
thereupon surrender same to the liquor authority. The mailing thereof
by the licensee to the liquor authority by registered mail or insured
parcel post shall be deemed sufficient compliance with this section. The
liquor authority, immediately upon giving notice of revocation, shall
serve a written notice thereof upon the commissioner of police, chief of
police or chief police officer of the city, or village in which the
premises for which the revoked license was issued is situated, or upon
the sheriff of the county or a constable of the town in case the license
was issued for premises situated in a town and not within any city or
village. Such notice shall include a statement of the number of such
license, the name and place of residence of the holder thereof, the
location of the licensed premises, and the date when such license was
revoked. In case such license be not forthwith surrendered, the liquor
authority shall issue a written demand for the surrender of such license
and deliver said demand to the sheriff of the county in which the
licensed premises are located, or to any representative of the liquor
authority, and said sheriff or representative shall immediately take
possession of such license and return the same to the liquor authority.
Penalties for violations of chapter. 1. Any person who
manufactures for sale or sells alcoholic beverages, other than the
illicit alcoholic beverages as defined in section one hundred fifty,
without having an appropriate license therefor, or whose license has
been revoked, surrendered or cancelled, shall be guilty of a
misdemeanor, and upon first conviction thereof shall be punished by a
fine not more than two times the cost of a special on premises license
in the county where the unlawful act took place or by imprisonment in a
county jail or penitentiary for a term of not less than thirty days nor
more than one year or both and upon second conviction thereof shall be
punished by a fine not less than two times and not more than three times
the cost of a special on premises license in the county where the
unlawful act took place or by imprisonment in a county jail or
penitentiary for a term of not less than thirty days nor more than one
year or both and upon all subsequent convictions thereof shall be
punished by a fine not less than three times and not more than four
times the cost of a special on premises license in the county where the
unlawful act took place or by imprisonment in a county jail or
penitentiary for a term of not less than thirty days nor more than one
year or both provided, however, that in default of payment of any fine
imposed, such person shall be imprisoned in a county jail or
penitentiary for a term of not less than thirty days.
1-a. Any licensee, whose license has been suspended pursuant to the
provisions of this chapter, who sells alcoholic beverages during the
suspension period, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than two hundred dollars
or by imprisonment in a county jail or penitentiary for a term of not
more than six months, or by both such fine and imprisonment.
2. Any person who shall make any false statement in the application
for a license or a permit under this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine
of not more than two hundred dollars, or by imprisonment in a county
jail or penitentiary for a term of not more than six months or both.
3. Any violation by any person of any provision of this chapter for
which no punishment or penalty is otherwise provided shall be a
misdemeanor, provided, however, that the provisions of this subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this article.
4. In the city of New York, a summons shall be issued for a violation
of the provisions of subdivision fourteen of section one hundred five
and subdivision five of section one hundred six of this chapter in the
same manner as provided by subdivision h of section one hundred sixteen
of the New York city criminal courts act.
5. Any violation by any person of the alcoholic beverage control law
for which no punishment or penalty is otherwise provided shall be a
misdemeanor, provided, however, that the provisions of this subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this chapter.
New York alcoholic beverage control problem premises task
force. 1. There is hereby created within the authority the New York
alcoholic beverage control problem premises task force (hereinafter
"task force"), which shall consist of employees of the authority as
designated by the members of the authority, provided however, that the
task force shall include at least one investigator from the Albany
office, one investigator from the Buffalo office, and one investigator
from the New York city office.
2. In any case where the authority receives notification from the
mayor, chief of police, police commissioner, sheriff, or local
legislative body of any city, town or village which certifies that
continued operation of an on-premises establishment poses a significant
threat to the public health, safety, or welfare requiring immediate
action, the authority shall assign responsibility for conducting an
investigation concerning such premises to the task force. In the city of
New York, the community board established pursuant to section
twenty-eight hundred of the New York city charter with jurisdiction over
the area in which such premises is located shall be considered the
appropriate local legislative body.
3. Not more than fourteen calendar days after receipt by the authority
of a notification as provided in this section, the task force shall
commence an investigation into the operation of the establishment. The
task force shall complete its investigation and the authority shall
commence a disciplinary hearing proceeding pursuant to this chapter for
revocation or other appropriate action within forty-five calendar days,
unless the task force determines in written findings that no
disciplinary charges are warranted. A copy of any such determination
shall be sent to the mayor, chief of police, police commissioner,
sheriff, or local legislative body of the city, town or village that
filed the notification with the authority. The authority shall notify
the mayor, chief of police, police commissioner, sheriff, or local
legislative body of the city, town or village that filed the
notification to the authority of the final disposition of the
disciplinary proceeding within ten business days of the completion of
this process.
ARTICLE 9 Local Option
Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages in any town or
city by the vote of the voters in such town or city in the manner
provided in this article, all of the provisions of this chapter shall
apply throughout the entire state. This article shall not apply to the
Whiteface mountain ski center, owned by the state and located in the
town of Wilmington, county of Essex.
Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In
addition, unopened containers of beer (such as six-packs and kegs) may
be sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the
operator of a summer hotel with a full-service restaurant, open for
business only within the period from May first to October thirty-first
in each year, be allowed to obtain a license which permits the summer
hotel to sell alcoholic beverages for a customer to drink while the
customer is within the hotel. In addition, unopened containers of beer
(such as six-packs and kegs) may be sold "to go" for the customer to
open and drink at another location (such as, for example, at his home)?
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for
example, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the
operator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or
questions, upon the face of which shall be printed in full the said
questions. Any elector qualified to vote for state officers shall be
entitled to vote upon such local option questions. As soon as the
election shall be held, a return of the votes cast and counted shall be
made as provided by law and the returns canvassed by the inspectors of
election. If a majority of the votes cast shall be in the negative on
all or any of the questions, no person shall, after such election, sell
alcoholic beverages in such town contrary to such vote or to the
provisions of this chapter; provided, however, that the result of such
vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages at retail in such town contrary to
such vote, until, by referendum as hereinafter provided for, such sale
shall again become lawful.
Local option for cities. 1. Not less than sixty days nor more
than eighty days before the general election in the year nineteen
hundred thirty-five in any city, and before any subsequent general
election in the city at which the submission of the questions
hereinafter stated is authorized by this article, a petition signed by
electors of the city to a number amounting to twenty-five per centum of
the votes cast in the city for governor at the then last preceding
gubernatorial election, requesting the submission at such election to
the electors of the city of the questions contained in section one
hundred forty-one, substituting however the word "city" for "town," may
be filed with the city clerk or, in the city of New York, with the board
of elections.
(a) Opposite and on the right of the name of each elector signing such
petition shall be written his residence address by house number and
street name, if any, and otherwise by an appropriate designation, and
the date of his signing. Each signature shall be made personally by the
one whose name is signed and not by another. No signature shall be valid
or counted as to which any of such requirements is not complied with,
nor as to which the date of signing is more than four months prior to
the day of the election. No signature shall be withdrawn after the
petition is filed.
(b) At the bottom of each sheet of the petition shall be a statement,
signed by a duly qualified elector of the city, with his residence
address, stating that every signature on that sheet of the petition is
genuine and that to the best of his knowledge and belief every person so
signing was at the time thereof a qualified elector of such city, that
their respective residences are correctly stated therein and that each
signer signed the same on the date set opposite his name. Such statement
shall be sworn to before an officer authorized to administer oaths
within such city.
(c) The same petition may be either in one document or prepared and
signed in two or more documents. Such documents shall constitute one
petition and be filed as a whole.
(d) The petition shall also appoint a committee upon whom or any of
its members a summons, order or notice may be served in any proceeding
respecting the validity of the petition or of an election held pursuant
thereto, and shall also designate the chairman of such committee. The
residence address of each member of the committee shall be stated. Such
committee may fill a vacancy in its chairmanship or in its membership,
and notice of any such change shall promptly be filed with the officer
with whom the petition is required to be filed; provided, however, that
failure to file such notice shall not invalidate any proceeding under
this chapter.
(e) Upon the due filing of such a petition, complying with the
foregoing provisions, such questions shall be submitted in accordance
therewith. If the petition be filed with the city clerk, he shall
within five days from the filing thereof, prepare and file in the office
of the board of elections of the county, as defined by the election law,
a certified copy thereof.
2. The method and manner of submission, preparation and provision of
ballot labels, balloting by voting machine and conducting the election,
canvassing the result and making and filing the returns and all other
procedure with reference to the submission of and action upon any such
question shall be the same as in the case of any other proposition to be
submitted to the electors of a city at a general election as provided by
law.
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell
alcoholic beverages in such city contrary to such vote or to the
provisions of this chapter; provided, however, that the result of such
vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages at retail in such city contrary to
such vote, until, by referendum as hereinafter provided for, such sale
shall again become lawful.
Filing certificate of result with liquor authority. Whenever
at an election a vote shall be taken on the local option questions
pursuant to sections one hundred forty-one or one hundred forty-two in
any town or city, the officer or board charged by law with the duty of
filing a statement of the result and certificate of determination of
such election shall file a duplicate thereof with the liquor authority.
Contesting validity of petition. Proceedings may be instituted
and maintained to contest the validity, sufficiency or legality of any
petition provided for in this article, in the manner provided by the
election law, as though such petition were a certificate of nomination.
False statements and forgery. A person who forges the
signature of any person upon any petition or statement provided for in
this article shall be guilty of forgery in the third degree and on
conviction thereof be punished accordingly.
Effective duration of local option determination. 1. In any
town or city in which a vote shall be taken on any one or more of the
local option questions provided for in this article, no further vote
shall be submitted upon any local option question that was presented to
the voters before the second general election thereafter.
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages and a majority of the votes
cast shall be in the negative on such questions, then all of the
provisions of this article applicable thereto shall become effective.
ARTICLE 10 Special Provisions Relating to Illicit Alcoholic Beverages and Stills
Definitions. Whenever used in this article only, unless the
context requires otherwise:
1. "Illicit alcoholic beverage" means and includes any alcohol or
distilled spirits owned, manufactured, distributed, bought, sold,
bottled, rectified, blended, treated, fortified, mixed, processed,
warehoused, possessed or transported on which any tax required to have
been paid under any applicable federal law has not been paid.
Possession of illicit alcoholic beverages. Any person who
shall knowingly possess or have under his control any illicit alcoholic
beverages is guilty of a misdemeanor.
Sale of illicit alcoholic beverages. (a) Any person who shall
knowingly barter or exchange with, or sell, give or offer to sell or to
give another any illicit alcoholic beverage is guilty of a misdemeanor.
(b) Any person who shall possess or have under his control or
transport any illicit alcoholic beverage with intent to barter or
exchange with, or to sell or give to another the same or any part
thereof is guilty of a misdemeanor. Such intent is presumptively
established by proof that the person knowingly possessed or had under
his control one or more gallons of illicit alcoholic beverages. This
presumption may be rebutted.
Stills and distilling apparatus. Any person who shall
manufacture any illicit alcoholic beverage or who, not being duly
licensed as a distiller under the provisions of the alcoholic beverage
control law, shall own, operate, possesses or have under his control any
still or distilling apparatus is guilty of a felony. "Still" or "
distilling apparatus" shall mean any apparatus designed, intended,
actually used, or capable of being used for or in connection with the
separating of alcoholic or spirituous vapors, or alcohol or spirituous
solutions, or alcohol or spirits, from alcohol or spirituous solutions
or mixtures, but shall not include stills used for laboratory purposes
or stills used for distilling water or other nonalcoholic materials
where the cubic capacity of such stills is one gallon or less.
Provided, however, that it shall not be unlawful for any person to
own, possess or have under his control any still or distilling apparatus
(a) where the same has been duly registered in compliance with or has
otherwise complied with the provisions of federal law and regulations
issued pursuant thereto, or (b) where the same is not required to be
registered under federal law, or (c) where the same is in the possession
of a duly qualified manufacturer of stills under federal law.
The unlawful ownership, operation, possession, control or use of any
still or distilling apparatus or illicit alcoholic beverage is a
nuisance, and each such still and distilling apparatus and illicit
alcoholic beverage is hereby declared to be a nuisance, and when any
such still or distilling apparatus or illicit alcoholic beverage shall
be taken from the possession of any person, the same shall be
surrendered and forfeited to the sheriff of the county wherein the same
shall be taken, except that in a city having a population of
seventy-five thousand or more, the same shall be surrendered and
forfeited to the police commissioner or other head of the police force
or department of said city and except that in the county of Nassau, the
same shall be surrendered and forfeited to the commissioner of the
county police department.
Premises used for manufacture or storage of illicit alcoholic
beverages. Any person who, being the owner, lessee, or occupant of any
room, shed, tenement, booth or building, float or vessel, or part
thereof, knowingly permits the same to be used for the manufacture,
distribution, purchase, sale, bottling, rectifying, blending, treating,
fortifying, mixing, processing, warehousing, transportation, distilling,
or storage of an illicit alcoholic beverage, is guilty of a misdemeanor.
Punishment for second offenders. Any person who is convicted
of violating section one hundred fifty-two or section one hundred
fifty-four of this chapter and who has been previously convicted of a
violation of either of these said sections or after the effective date
of this article has been convicted in any other state or federal court
of a crime which if committed in this state would constitute a violation
of either of said sections, is guilty of a felony and shall be
punishable for a felony.
ARTICLE 11 Miscellaneous Provisions; Laws Repealed; Time of Taking Effect
Construction of chapter. This chapter shall be so construed as
to assure that the policy of the state and the intent and purpose
thereof will be carried out.
Invalidity; effect of. If any part, provision or section of
this chapter or the application thereof to any person or circumstances
shall be held invalid by any court of competent jurisdiction, the
remainder thereof or the application of such part, provision or section
to any other person or circumstances shall not be affected thereby.
Laws repealed; effect of repeal; saving clause. 1. Chapter one
hundred eighty of the laws of nineteen hundred thirty-three, entitled
"An act relating to the manufacture, sale, control, distribution and
regulation of certain alcoholic beverages, constituting chapter three-b
of the consolidated laws," and all acts amendatory thereof or
supplemental thereto are hereby repealed.
2. The repeal of the acts specified in subdivision one hereof shall
not operate or be construed to shorten or terminate the term of any
license heretofore issued thereunder or the rights of any person holding
such a license; nor shall it be construed to abolish the state alcoholic
beverage control board or the several county alcoholic beverage control
boards or the New York city alcoholic beverage control board, as
presently constituted, and which were heretofore established and are now
operating pursuant to such acts nor to invalidate or affect any action
heretofore taken by either of such boards or their officers or
employees; nor to require the discharge or the re-appointment of any
employees of either of such boards.
3. This chapter shall not affect any action or proceeding now pending
in any court.
Time of taking effect. This chapter shall take effect July
first, nineteen hundred thirty-four except that the state liquor
authority and the local alcoholic beverage control board may, prior to
July first, nineteen hundred thirty-four, receive and entertain such
applications for licenses or permits and take such other steps as may be
necessary or appropriate to permit this chapter to become effective and
operative on July first, nineteen hundred thirty-four.
Saving clause on repeal of article three. 1. The repeal of
article three by the chapter of the laws of nineteen hundred ninety-five
which added this section shall not operate or be construed to invalidate
or affect any action heretofore taken by the several county alcoholic
beverage control boards or the New York city alcoholic beverage control
board, as heretofore established by said article three, or by their
boards or officers or employees, nor to require the discharge or the
re-appointment of any of their employees.
2. Such chapter of the laws of nineteen hundred ninety-five shall not
affect any action or proceeding now pending in any court on or before
the effective date of this section.