Bill Text: NY A01944 | 2019-2020 | General Assembly | Introduced
Bill Title: Extends the size of areas for which granting on-premises retail licenses is restricted: extends from 200 feet to 350 feet the area around certain listed buildings (i.e., any building occupied exclusively as a school, church, synagogue or other place of worship) in which a retail license for on-premises consumption may not be granted, and adds community center and senior citizens' center to list of protected buildings around which such licenses are so restricted; for cities, towns and villages of 20,000 or more, increases the distance from 3 or more existing premises for which a license for a premises cannot be granted except under certain limited specified circumstances (i.e., changes current rule that a retail license for on-premises consumption shall not be granted for a premises that is within 500 feet of 3 or more existing premises, to provide that a retail license for on-premises consumption shall not be granted for a premises that is within 650 feet of 3 or more existing premises); provides that with respect to the limited, specified circumstances under which a license may be granted for a premises located within 650 feet of 3 or more of existing premises, an on-site visit by the authority to investigate the premises seeking the license and the surrounding neighborhood is required.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A01944 Detail]
Download: New_York-2019-A01944-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1944 2019-2020 Regular Sessions IN ASSEMBLY January 18, 2019 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to the granting of retail licenses for on-premises consumption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 64 of the alcoholic beverage 2 control law, as amended by chapter 463 of the laws of 2009, paragraph 3 (e-4) as added by chapter 421 of the laws of 2012, paragraph (e-5) as 4 added by chapter 110 of the laws of 2013, paragraph (e-5) as added by 5 chapter 192 of the laws of 2013, paragraph (e-6) as added by chapter 100 6 of the laws of 2014, paragraph (e-6) as added by chapter 457 of the laws 7 of 2014, paragraph (e-7) as added by chapter 279 of the laws of 2015, 8 paragraph (e-7) as added by chapter 450 of the laws of 2015, paragraph 9 (e-8) as added by chapter 349 of the laws of 2016, paragraph (e-9) as 10 added by chapter 362 of the laws of 2017, paragraph (e-9) as added by 11 chapter 482 of the laws of 2017, paragraph (e-10) as added by chapter 12 240 of the laws of 2018 and paragraph (f) as amended by chapter 185 of 13 the laws of 2012, is amended to read as follows: 14 7. No retail license for on-premises consumption shall be granted for 15 any premises which shall be 16 (a) on the same street or avenue and within [two] three hundred fifty 17 feet of a building occupied exclusively as a school, community center, 18 senior citizens' center, church, synagogue or other place of worship or 19 (b) in a city, town or village having a population of twenty thousand 20 or more within [five] six hundred fifty feet of three or more existing 21 premises licensed and operating pursuant to this section and sections 22 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 23 article; 24 (c) the measurements in paragraphs (a) and (b) of this subdivision are 25 to be taken in straight lines from the center of the nearest entrance of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04626-01-9A. 1944 2 1 the premises sought to be licensed to the center of the nearest entrance 2 of such school, community center, senior citizens' center, church, syna- 3 gogue or other place of worship or to the center of the nearest entrance 4 of each such premises licensed and operating pursuant to this section 5 and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty- 6 four-d of this article; except, however, that no renewal license shall 7 be denied because of such restriction to any premises so located which 8 were maintained as a bona fide hotel, restaurant, catering establishment 9 or club on or prior to December fifth, nineteen hundred thirty-three; 10 and, except that no license shall be denied to any premises at which a 11 license under this chapter has been in existence continuously from a 12 date prior to the date when a building on the same street or avenue and 13 within two hundred feet of said premises has been occupied exclusively 14 as a school, community center, senior citizens' center, church, syna- 15 gogue or other place of worship; and except that no license shall be 16 denied to any premises, which is within five hundred feet of three or 17 more existing premises licensed and operating pursuant to this section 18 and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty- 19 four-d of this article, at which a license under this chapter has been 20 in existence continuously on or prior to November first, nineteen 21 hundred ninety-three; and except that this subdivision shall not be 22 deemed to restrict the issuance of a hotel liquor license to a building 23 used as a hotel and in which a restaurant liquor license currently 24 exists for premises which serve as a dining room for guests of the hotel 25 and a caterer's license to a person using the permanent catering facili- 26 ties of a church, synagogue or other place of worship pursuant to a 27 written agreement between such person and the authorities in charge of 28 such facilities. The liquor authority, in its discretion, may authorize 29 the removal of any such licensed premises to a different location on the 30 same street or avenue, within two hundred feet of said school, community 31 center, senior citizens' center, church, synagogue or other place of 32 worship, provided that such new location is not within a closer distance 33 to such school, church, synagogue or other place of worship. 34 (d) Within the context of this subdivision, the word "entrance" shall 35 mean a door of a school, of a community center, of a senior citizens' 36 center, of a house of worship, or of premises licensed and operating 37 pursuant to this section and sections sixty-four-a, sixty-four-b, 38 sixty-four-c, and/or sixty-four-d of this article or of the premises 39 sought to be licensed, regularly used to give ingress to students of the 40 school, to the general public visiting the community center or senior 41 citizens' center, to the general public attending the place of worship, 42 and to patrons or guests of the premises licensed and operating pursuant 43 to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, 44 and/or sixty-four-d of this article or of the premises sought to be 45 licensed, except that where a school or house of worship or premises 46 licensed and operating pursuant to this section and sections 47 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 48 article or the premises sought to be licensed is set back from a public 49 thoroughfare, the walkway or stairs leading to any such door shall be 50 deemed an entrance; and the measurement shall be taken to the center of 51 the walkway or stairs at the point where it meets the building line or 52 public thoroughfare. A door which has no exterior hardware, or which is 53 used solely as an emergency or fire exit, or for maintenance purposes, 54 or which leads directly to a part of a building not regularly used by 55 the general public or patrons, is not deemed an "entrance".A. 1944 3 1 (d-1) Within the context of this subdivision, a building occupied as a 2 place of worship does not cease to be "exclusively" occupied as a place 3 of worship by incidental uses that are not of a nature to detract from 4 the predominant character of the building as a place of worship, such 5 uses which include, but which are not limited to: the conduct of legally 6 authorized games of bingo or other games of chance held as a means of 7 raising funds for the not-for-profit religious organization which 8 conducts services at the place of worship or for other not-for-profit 9 organizations or groups; use of the building for fund-raising perform- 10 ances by or benefitting the not-for-profit religious organization which 11 conducts services at the place of worship or other not-for-profit organ- 12 izations or groups; the use of the building by other religious organiza- 13 tions or groups for religious services or other purposes; the conduct of 14 social activities by or for the benefit of the congregants; the use of 15 the building for meetings held by organizations or groups providing 16 bereavement counseling to persons having suffered the loss of a loved 17 one, or providing advice or support for conditions or diseases includ- 18 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral 19 palsy, Parkinson's disease, or Alzheimer's disease; the use of the 20 building for blood drives, health screenings, health information meet- 21 ings, yoga classes, exercise classes or other activities intended to 22 promote the health of the congregants or other persons; and use of the 23 building by non-congregant members of the community for private social 24 functions. The building occupied as a place of worship does not cease to 25 be "exclusively" occupied as a place of worship where the not-for-profit 26 religious organization occupying the place of worship accepts the 27 payment of funds to defray costs related to another party's use of the 28 building. 29 (e) Notwithstanding the provisions of this chapter to the contrary, 30 the authority may issue a license to sell liquor at retail to be 31 consumed on premises to a club as such term is defined in subdivision 32 nine of section three of this chapter whether or not the building in 33 which the premises for which such license is to be issued is used exclu- 34 sively for club purposes and whether or not such premises is within 35 [two] three hundred fifty feet of a building used exclusively as a 36 school, community center, senior citizens' center, church, synagogue or 37 place of worship if such club is affiliated or associated with such 38 school, community center, senior citizens' center, church, synagogue or 39 place of worship and the governing body of such school, community 40 center, senior citizens' center, church, synagogue or other place of 41 worship has filed written notice with the authority that it has no 42 objection to the issuance of such license. 43 (e-1) Notwithstanding the provisions of paragraph (a) of this subdivi- 44 sion, the authority may issue a retail license for on-premises consump- 45 tion for a premises which shall be within two hundred feet of a building 46 occupied exclusively as a church, synagogue or other place of worship, 47 provided such premises constitutes a premises for the sale of food or 48 beverages at retail for consumption on the premises and/or an overnight 49 lodging facility located wholly within the boundaries of the borough of 50 Manhattan in the city and county of New York, bounded and described as 51 follows: 52 BEGINNING at a point on the southerly side of 49th Street, distant 160 53 feet easterly from the corner formed by the intersection of the souther- 54 ly side of 49th Street with the easterly side of 8th Avenue; running 55 thence southerly, parallel with 8th Avenue and part of the distance 56 through a party wall, 100 feet 5 inches to the center line of the blockA. 1944 4 1 between 48th and 49th Streets; thence easterly along the center line of 2 the block, 40 feet; thence northerly, parallel with 8th Avenue and part 3 of the distance through a party wall, 100 feet 5 inches to the southerly 4 side of 49th Street; thence westerly along the southerly side of 49th 5 Street, 40 feet to the point or place of beginning. Premises known as 6 240 and 242 West 49th Street, New York City. Being the same premises 7 described in deed made by Hotel Mayfair Inc. to Harry Etkin and Freda 8 Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250. 9 (e-2) Notwithstanding the provisions of paragraph (a) of this subdivi- 10 sion, the authority may issue a retail license for on-premises consump- 11 tion for a premises which shall be within two hundred feet of a building 12 occupied exclusively as a church, synagogue or other place of worship, 13 provided such premises constitutes a premises for the sale of food or 14 beverages at retail for consumption on the premises located wholly with- 15 in the boundaries of the county of Ulster, bounded and described as 16 follows: 17 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and 18 improvements erected thereon, situated in the Village of Ellenville, 19 Town of Wawarsing, County of Ulster and State of New York, being further 20 bounded and described as follows: 21 Beginning at a three-quarter inch diameter iron rod found on the 22 southwesterly bounds of Canal Street, marking the northeasterly corner 23 of the lands, now or formerly, John Georges, as described in liber 2645 24 of deeds at page 278. 25 Thence along the southeasterly bounds of the lands of John Georges, 26 passing 1.42 feet northwesterly from the southwesterly corner of the 27 building situated on the premises described herein, South thirty-nine 28 degrees, forty-one minutes, fifty-two seconds West, one hundred fifty 29 and zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly 30 bounds of the lands, now or formerly, Thomas Powers, as described in 31 liber 1521 of deeds at page 749. Thence along the northeasterly bounds 32 of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes, 33 sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16 34 E, 28.00'). 35 Thence passing 1.92 feet southeasterly from the southeasterly corner 36 of the building situated on the premises described herein. North thir- 37 ty-nine degrees, forty-one minutes, fifty-two seconds East, one hundred 38 fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the southwes- 39 terly bounds of Canal Street. 40 Thence along the southwesterly bounds of Canal Street, North fifty 41 degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and 42 zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning. 43 Containing 4,199.92 square feet of land or 0.0996 of an acre of land. 44 Being the same premises as conveyed by deed dated September 2, 1999 45 from Chris M. Camio as Executor of the Last Will and Testament of Alice 46 Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and 47 Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on 48 September 15, 1999 in Liber 2966 at page 291. 49 The undivided interests of John Harris and Alfred S. Dannhauser having 50 been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded 51 in the Ulster County Clerk's Office in Liber 3213 p 65. 52 (e-3) Notwithstanding the provisions of paragraph (a) of this subdivi- 53 sion, the authority may issue a retail license for on-premises consump- 54 tion for a premises which shall be within [two] three hundred fifty feet 55 of a building occupied exclusively as a school, provided such premises 56 constitutes a premises for the sale of food or beverages at retail forA. 1944 5 1 consumption on the premises and/or an overnight lodging facility located 2 wholly within the boundaries of the borough of Manhattan in the city and 3 county of New York, bounded and described as follows: 4 Beginning at a point on the southerly side of 46th street, distant 5 three hundred fifty (350) feet westerly from the corner formed by the 6 intersection of the westerly side of Sixth Avenue with the said souther- 7 ly side of 46th street. Running thence southerly parallel with the said 8 westerly side of Sixth Avenue and for part of the distance through a 9 party wall, one hundred (100) feet four (4) inches; thence westerly 10 parallel with the southerly side of 46th street, eighty (80) feet; 11 thence northerly again parallel with the westerly side of Sixth Avenue, 12 one hundred (100) feet four (4) inches to the southerly side of 46th 13 street; and thence easterly along the said southerly side of 46th 14 street, eighty (80) feet to the point or place of beginning. Premises 15 known as 130 West 46th Street, New York City. Being the same premises 16 described in deed made by Massachusetts Mutual Life Insurance Company to 17 West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the 18 Office of the City Register, New York County, on February 6, 2007 as 19 CFRN 2007000069808. 20 (e-4) Notwithstanding the provisions of paragraph (a) of this subdivi- 21 sion, the authority may issue a retail license for on-premises consump- 22 tion for a premises which shall be located within two hundred feet of a 23 building occupied exclusively as a church, synagogue or other place of 24 worship, provided such premises constitutes a premises for the sale of 25 food or beverages at retail for consumption on the premises located 26 wholly within the boundaries of the county of Ulster, bounded and 27 described as follows: 28 THOSE THREE BUILDING LOTS situate on the northeasterly side of Union 29 Avenue in the city of Kingston, between Thomas and Cornell Streets, 30 known and distinguished upon a map of the property of the estate of said 31 Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April 32 11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and 33 bounded and described as follows: 34 BEGINNING at the west corner of lot seven which is also the corner of 35 Cornell Street, where it intersects with Union Avenue, and runs from 36 thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east 37 the distance of one hundred and thirty-eight (138) feet, to the south 38 bounds of lot (8) eight as laid down upon said map, thence along in the 39 south bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear 40 of lots seven, six and five (7, 6 & 5) as aforesaid the distance of 41 seventy-two (72) feet to a lot of land owned by Max Oppenheimer and 42 known on said map as lot four (4); thence in the division line between 43 lot four and five as laid down upon said map, south 48 degrees 10' W. 44 one hundred and twenty-two (122) feet, and fifty-four hundredths of a 45 foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue; 46 thence along in said northeasterly bounds of said Union Avenue north 53 47 degrees 57' west along the front of said lots five, six and seven (5, 6 48 & 7) the distance of seventy-three feet and sixty-five hundredths of a 49 foot (73 65/100 feet) to the place of beginning; and a part of said 50 premises being a part of the same that was conveyed to Thomas Cornell by 51 Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the 52 office of the Clerk of Ulster County in book No. 204 of deeds at page 53 403 March 6th, 1877, the balance of the property hereinbefore described 54 and herein intended to be conveyed was conveyed to Thomas Cornell by 55 James E. Ostrander and wife by deed bearing date February 8th, 1869, andA. 1944 6 1 recorded in Ulster County Clerk's Office in book 175 of deeds at page 2 29, February 6th, 1872. 3 (e-5) Notwithstanding the provisions of paragraph (a) of this subdivi- 4 sion, the authority may issue a retail license for on-premises consump- 5 tion for a premises which shall be located within two hundred feet of a 6 building occupied exclusively as a school, provided such premises 7 constitute a premises for the sale of food or beverages at retail for 8 consumption on the premises located wholly within the boundaries of the 9 borough of Brooklyn in the county of Kings and the city of New York, 10 bounded and described as follows: 11 Beginning at a point on the westerly side of Washington Avenue distant 12 636.45 feet southerly from the intersection of the southerly side of 13 Eastern Parkway and westerly side of Washington Avenue, said point being 14 the point of beginning; Running thence southerly along the westerly side 15 of Washington Avenue, a distance of 345.43 feet; thence westerly along 16 the line forming an interior angle with the previous course of 90 17 degrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence north- 18 erly along the line forming an interior angle with the previous course 19 of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet; Thence 20 northerly along the line forming an exterior angle with the previous 21 course of 159 degrees 18 minutes 33 seconds, a distance of 36.59 feet; 22 Thence northerly along the line forming an exterior angle with the 23 previous course of 169 degrees 36 minutes 23 seconds, a distance of 24 26.26 feet; Thence westerly along the line forming an exterior angle 25 with the previous course of 123 degrees 49 minutes 33 seconds, a 26 distance of 58.57 feet; Thence southwesterly along the line forming an 27 exterior angle with the previous course of 129 degrees 53 minutes 13 28 seconds, a distance of 108.38 feet; Thence westerly, a distance of 84.05 29 feet along a curve to the right, which has a radius of 192.59 feet, and 30 having a central angle of 25°00'14"; Thence westerly, a distance of 31 58.94 feet along a curve to the right, which has a radius of 181.42 32 feet, and having a central angle of 18°36'54". Thence westerly, a 33 distance of 354.56 feet; Thence northerly along the line forming an 34 interior angle with the previous course of 90 degrees 14 minutes 09 35 seconds, a distance of 114.49 feet; Thence easterly along the line form- 36 ing an exterior angle with the previous course of 286 degrees 53 minutes 37 22 seconds, a distance of 7.54 feet; Thence easterly along the line 38 forming an interior angle with the previous course of 195 degrees 07 39 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along the 40 line forming an interior angle with the previous course of 193 degrees 41 52 minutes 57 seconds, a distance of 161.51 feet; Thence westerly along 42 the line forming an interior angle with the previous course of 257 43 degrees 31 minutes 43 seconds, a distance of 116.17 feet; Thence 44 northeasterly, a distance of 7.07 feet along a non-tangent curve to the 45 right, having a radius of 4.50 feet, a central angle of 89°59'10" and a 46 chord of 6.36 feet, which chord makes an interior angle with the previ- 47 ous course of 135 degrees 01 minutes 12 seconds; Thence easterly along 48 the line forming an interior angle with the chord of the above-refer- 49 enced curve of 135 degrees 01 minutes 17 seconds, a distance of 135.59 50 feet; Thence easterly, a distance of 81.93 feet along a non-tangent 51 curve to the left, having a radius of 272.93 feet, a central angle of 52 17°11'59" and a chord of 81.63 feet, which chord makes an interior angle 53 with the previous course of 186 degrees 52 minutes 37 seconds; Thence 54 easterly along the line forming an interior angle with the chord of the 55 above-referenced curve of 192 degrees 21 minutes 11 seconds, a distance 56 of 38.24 feet; Thence easterly along the line forming an interior angleA. 1944 7 1 with the previous course of 183 degrees 09 minutes 51 seconds, a 2 distance of 21.53 feet to the point of beginning. 3 [(e-5)] (e-6) Notwithstanding the provisions of paragraph (a) of this 4 subdivision, the authority may issue a retail license for on-premises 5 consumption for a premises which shall be located within two hundred 6 feet of a building occupied exclusively as a church, synagogue or other 7 place of worship, provided such premises constitutes a premises for the 8 sale of food or beverages at retail for consumption on the premises 9 located wholly within the boundaries of the county of Kings, bounded and 10 described as follows: 11 ALL that certain plot, piece or parcel of land situate lying and being 12 in the Borough of Brooklyn, County of Kings, City and State of New York, 13 bounded and described as follows: 14 BEGINNING at the corner formed by the intersection of the southerly side 15 of Synder Avenue, with the easterly side of Bedford Avenue; 16 THENCE easterly along the southerly side of Synder Avenue, 99 feet 10 17 inches; 18 THENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to 19 the center line of Union Street, as shown on the Bergen Map; 20 THENCE westerly along the center line of Union Street, as aforesaid, 99 21 feet 10 inches to the easterly side of Bedford Avenue; 22 THENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8 23 inches to the point or place of BEGINNING. 24 [(e-6)] (e-7) Notwithstanding the provisions of paragraph (a) of this 25 subdivision, the authority may issue a retail license for on-premises 26 consumption for a premises which shall be located within two hundred 27 feet of a building occupied as a church, synagogue or other place of 28 worship, provided such premises constitute a premises for the sale of 29 food or beverages at retail for consumption on the premises located 30 wholly within the boundaries of the county of Kings, bounded and 31 described as follows: 32 BEGINNING at a point on the northerly side of Grand Street, distant 33 three hundred and nineteen feet and three inches easterly from the 34 corner formed by the intersection of the northerly of Grand Street with 35 the easterly side of Berry (formerly Third) Street, which point of 36 beginning is where a line drawn along the easterly wall of the house now 37 or formerly owned by one Schaefer intersects the northerly side of Grand 38 Street; running thence northerly along the easterly wall of the house 39 now or formerly owned by one Schaefer, seventy one feet and six inches; 40 thence easterly nearly parallel with Grand Street, eighteen feet and 41 five inches; thence southerly, seventy feet and seven inches to the 42 northerly side of Grand Street at a point, sixteen feet easterly from 43 the point of beginning; thence westerly along the northerly side of 44 Grand Street, sixteen feet. 45 [(e-6)] (e-8) Notwithstanding the provisions of paragraph (a) of this 46 subdivision, the authority may issue a retail license for on-premises 47 consumption for a premises provided such premises constitutes a premises 48 for the sale of food or beverages at retail for consumption on the prem- 49 ises located wholly within the boundaries of the borough of Manhattan in 50 the city and county of New York, bounded and described as follows: 51 BEGINNING at the corner formed by the intersection of the southerly 52 side of Fulton Street with the westerly side of Broadway; 53 RUNNING THENCE southerly along the westerly side of Broadway, 78 feet 54 11 1/2 inches to an angle point, in said westerly side of Broadway;A. 1944 8 1 THENCE southerly still along the westerly side of Broadway, 75 feet 3 2 inches to the corner formed by the intersection of the westerly side of 3 Broadway with the northerly side of Dey Street; 4 THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4 5 inches; 6 THENCE northerly along a line which forms an angle on its westerly 7 side with the northerly side of Dey Street of 91 degrees 21 minutes 50 8 seconds, 77 feet 5 1/2 inches; 9 THENCE easterly along a line which forms an angle on its southerly 10 side with the last described course of 91 degrees 21 minutes 50 seconds, 11 75 feet 4 5/8 inches; 12 THENCE northerly along a line which forms an angle on its westerly 13 side with the last described course of 91 degrees 00 minutes 00 seconds, 14 77 feet 5 1/4 inches to the southerly side of Fulton Street; 15 THENCE easterly along the southerly side of Fulton Street, 99 feet 8 16 inches to an angle point on said southerly side of Fulton Street; 17 THENCE easterly still along the southerly side of Fulton Street, 100 18 feet 2 1/2 inches to the point or place of BEGINNING. 19 TOGETHER with benefits and subject to the terms contained in that 20 certain Easement and License Agreement dated as of April 20, 1993 21 between Kalikow Fulton Church Realty Company and 195 Property Company 22 and recorded on May 10, 1993 in Reel 1969 page 1310. 23 [(e-7)] (e-9) Notwithstanding the provisions of paragraph (a) of this 24 subdivision, the authority may issue a retail license for on-premises 25 consumption for a premises which shall be located within two hundred 26 feet of a building occupied exclusively as a church, synagogue, or other 27 place of worship, provided such premises constitutes a premises for the 28 sale of food or beverages at retail for the consumption on the premises 29 located wholly within the boundaries of the county of Ulster, bounded 30 and described as follows: 31 All that piece or parcel of land, situate in the City of Kingston, 32 County of Ulster and State of New York described as follows: Beginning 33 at a spike in the concrete sidewalk on the south bounds of Main Street 34 at its intersection with the west bounds of Fair Street; Thence south 8 35 degrees 10 hours 9 minutes east along the west bounds of Fair Street 36 105.31 feet to a spike in line with a three story brick building on 37 lands now or formerly Norman G. Lebhar and John W. Krueger (L.1516 38 P.425); Thence south 83 degrees 26 hours 38 minutes west along said 39 building and lands of Lebhar and Krueger 46.27 feet to a corner of said 40 building; Thence north 8 degrees 4 hours 13 minutes west along lands now 41 or formerly Lawrence A. Quilty and others (L.1422 P.123) and along the 42 brick building on the herein described parcel 102.62 feet to a 43 reinforcement rod set on the south bounds of Main Street; Thence north 44 80 degrees 6 hours 32 minutes east along said bounds of Main Street 45 46.10 feet to the point and place of beginning. Being the same premises 46 as conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave, 47 Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated September 48 15, 1995 and recorded in the Ulster County Clerk's Office on September 49 20, 1995 in Liber 2525 of Deeds at Page 200. 50 [(e-7)] (e-10) Notwithstanding the provisions of paragraph (a) of this 51 subdivision, the authority may issue a retail license for on-premises 52 consumption for a premises which shall be located within two hundred 53 feet of a building occupied as a church, synagogue or other place of 54 worship, provided such premises constitute a premises for the sale of 55 food or beverages at retail for consumption on the premises locatedA. 1944 9 1 wholly within the boundaries of the county of Erie, bounded and 2 described as follows: 3 ALL that certain plot, piece or parcel of land situate in the City of 4 Buffalo, County of Erie and state of New York, being part of Lot No. 77, 5 Township 11, Range 8 of the Holland Land Company's Survey, and further 6 distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown 7 on a map filed in the Erie County Clerk's Office under Cover No. 781 and 8 more particularly bounded and described as follows: 9 BEGINNING at the point of intersection of the northerly line of Hertel 10 Avenue as now laid out 100 feet wide with the easterly line of Saranac 11 Avenue; thence northerly along the easterly line of Saranac Avenue 120 12 feet; thence easterly parallel with Hertel Avenue 100 feet; thence 13 southerly parallel with Saranac Avenue and along the easterly line of 14 said subdivision Lot No. 2, a distance of 120 feet to the northerly line 15 of Hertel Avenue; thence westerly along said line of Hertel Avenue 100 16 feet to the point of beginning. 17 [(e-8)] (e-11) Notwithstanding the provisions of paragraph (a) of this 18 subdivision, the authority may issue a retail license for on-premises 19 consumption for a premises which shall be located within two hundred 20 feet of a building occupied as a church, synagogue or other place of 21 worship, provided such premises constitute a premises for the sale of 22 food or beverages at retail for consumption on the premises located 23 wholly within the boundaries of the county of Erie, bounded and 24 described as follows: 25 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, Coun- 26 ty of Erie and State of New York, being part of Lot No.48, Township 11, 27 Range 8 of the Holland Land Company's Survey, described as follows: 28 BEGINNING at a point in the easterly line of Elmwood Avenue distant 29 191.1 feet north of the intersection of said easterly line of Elmwood 30 Avenue with the northerly line of Bird Avenue; running thence northerly 31 along the said easterly line of Elmwood Avenue 63 feet; thence easterly 32 at right angles with Elmwood Avenue 140 feet; thence southerly parallel 33 with Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood 34 Avenue 140 feet to the said easterly line of Elmwood Avenue to the point 35 or place of beginning. 36 All that Tract or Parcel of Land, situate in the City of Buffalo, 37 County of Erie and State of New York, being part of Lot No. Forty-Eight 38 (48), Township Eleven (11) and Range Eight (8) of the Holland Land 39 Company's survey and bounded and described as follows: 40 BEGINNING at a point in the easterly line of Elmwood Avenue One 41 Hundred Sixty and one-tenth (160.10) feet northerly from its inter- 42 section with the northerly line of Bird Avenue, running thence northerly 43 on said easterly line of Elmwood Avenue Thirty-one (31) feet; thence 44 easterly at right angles to Elmwood Avenue One Hundred forty (140) feet; 45 thence southerly parallel with Elmwood Avenue Thirty-one (31) feet; 46 thence westerly at right angles to Elmwood Avenue, One Hundred forty 47 (140) feet to the easterly line of Elmwood Avenue at the place of begin- 48 ning. 49 All that Tract or Parcel of Land, situate in the City of Buffalo, 50 County of Erie and State of New York, being part of Lot No. 48, Township 51 11, Range 8 of the Holland Land Company's Survey and bounded and 52 described as follows: 53 BEGINNING at a point in the east line of Elmwood Avenue, distant 54 321.50 feet south from the intersection of said east line with the south 55 line of Forest Avenue; thence south along the east line of Elmwood 56 Avenue, 49 feet to a point; thence east at right angles to the east lineA. 1944 10 1 of Elmwood Avenue, 140 feet to a point, thence north, parallel with the 2 east line of Elmwood Avenue, 49 feet to a point; thence west in a 3 straight line, 140 feet to the point of beginning. 4 [(e-9)] (e-12) Notwithstanding the provisions of paragraph (a) of this 5 subdivision, the authority may issue a retail license for on-premises 6 consumption for a premises which shall be located within two hundred 7 feet of a building occupied as a church, synagogue or other place of 8 worship and a school, provided such premises constitute a premises for 9 the Lewiston fire department located wholly within the boundaries of the 10 county of Niagara, bounded and described as follows: 11 ALL that certain plot, piece or parcel of land situate in the Village 12 of Lewiston, County of Niagara and state of New York, being New Lot "C" 13 according to a map made by James M. McIntyre, Surveyor, on April 8, 2011 14 and filed in the Niagara County Clerk's Office on June 13, 2012 in Book 15 64 of Microfilmed Maps, at page 6441m showing re-subdivision of Old 16 Sublots 169 and 170 on the east side of the North Fifth Street; and 17 sublots 154, 155 and 156 on the south side of Onondaga Street as shown 18 on Map of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and 19 filed with the Deed Atlas in Niagara County Clerk's Office, and bounded 20 and described as follows: 21 BEGINNING at a point in the intersection of the south line of Onondaga 22 Street and the west line of North Sixth Street; thence south along the 23 west line of North Sixth Street, a distance of 264.00 feet; thence west 24 at an interior angle of 90°10'33", a distance of 198.00 feet to the east 25 line of North Fifth Street; thence north along the east lone of North 26 Fifth Street, at an interior angle of 89°29'47", a distance of 132.00 27 feet; thence east at an interior angle of 90°10'33", a distance of 28 102.00 feet; thence north at an exterior angle of 90°10'33", a distance 29 of 132.00 feet to the south line of Onondaga Street; thence east along 30 the south line of Onondaga Street, a distance of 96.00 feet to the point 31 of beginning. 32 [(e-9)] (e-13) Notwithstanding the provisions of paragraph (a) of this 33 subdivision, the authority may issue a retail license for on-premises 34 consumption for a premises which shall be located within two hundred 35 feet of a building occupied as a church, synagogue or other place of 36 worship, provided such premises constitute a premises for the sale of 37 food or beverages at retail for consumption on the premises located 38 wholly within the boundaries of the county of Jefferson, bounded and 39 described as follows: 40 ALL that certain lot, piece or parcel of land, situated in the City of 41 Watertown, County of Jefferson and State of New York, described as 42 follows: 43 BEGINNING in the westerly margin of Massey Street where it intersects 44 the southerly margin of Prospect Street; 45 THENCE southerly along the margin of said Massey Street about 6 rods 46 and 1/4 of a rod to land formerly owned by Ed. Bohl; 47 THENCE westerly at right angles along the northerly line of said Bohl 48 lot to a point therein 34 feet from the southeasterly corner of a lot of 49 land conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7 50 inches; 51 THENCE northerly at right angles and parallel with the easterly line 52 of said Gillingham's lot about 6 1/4 rods to Prospect Street; 53 THENCE easterly along the south margin of said Prospect Street to the 54 place of beginning, and all the lands belonging to the land hereby 55 conveyed and lying in front of the same Massey and Prospect Streets;A. 1944 11 1 BEING the same premises conveyed to Vincent Cavallerio and Adrianna 2 Cavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded 3 in the Jefferson County Clerk's office on May 27, 1977 in Liber 881 of 4 Deeds at page 418. Vincent Cavallario died in the City of Watertown on 5 August 17, 1984; 6 ALSO BEING the same premises conveyed to Adriana Cavallario and Peter 7 G. Cavallario, as Trustees of the living Trust of Adriana Cavallario, 8 under agreement dated October 14, 1995, by Adriana Cavallaria, by 9 warranty deed dated October 24, 1995 and recorded in the Jefferson Coun- 10 ty Clerk's office on November 8, 1995 in Liber 1483 at Page 15; 11 ALSO BEING the premises known as 133 North Massey Street, Watertown, 12 New York. 13 [(e-10)] (e-14) Notwithstanding the provisions of paragraph (a) of 14 this subdivision, the authority may issue a retail license for on-prem- 15 ises consumption for a premises which shall be located within two 16 hundred feet of a building occupied as a church, synagogue or other 17 place of worship, provided such premises constitute a premises for the 18 sale of food or beverages at retail for consumption on the premises 19 located wholly within the boundaries of the county of Washington, bound- 20 ed and described as follows: 21 ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of 22 the intersection of Main Street and Maple Street in the Village of 23 Hudson Falls, Washington County, New York, and which said parcel in more 24 particularly bounded and described as follows: 25 BEGINNING at a point marking the intersection of the easterly bounds 26 of Main Street with the southerly bounds of Maple Street; running thence 27 from the point of beginning in an easterly direction along the southerly 28 bounds of Maple Street. South 86 degrees 47 minutes 40 seconds East for 29 a distance of 229.47 feet to a point; running thence in a southerly 30 direction, south 07 degrees 28 minutes 10 seconds West for a distance of 31 100.05 feet to a point; running thence in a northerly line of lands of 32 the First Baptist Church of Hudson Falls; running thence in a westerly 33 direction along the northerly line of said lands of said Church, North 34 84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a 35 point in the easterly bounds of Main Street; running thence in a north- 36 erly direction along the easterly bounds of Main Street, North 06 37 degrees 11 minutes 40 seconds West for a distance of 94.47 feet to the 38 point of beginning. The same to contain 0.483 acres ±. 39 REFERENCE to the above description is a survey map titled "Map of a 40 Survey of Lands of the County of Washington" prepared by Charles T. 41 Nancy, Licensed Land Surveyor, Dated August 4, 1994 and on file at the 42 Washington County Clerk's Office in Drawer 31B of Maps and Map Number 43 31B-160. 44 ALL THAT CERTAIN LOT OR PARCEL OF LAND situated in the Village of 45 Hudson Falls, Washington County, New York bounded and described as 46 follows: 47 BEGINNING at a point on the south line of Maple Street in said Village 48 fifty feet westerly of a steel bolt in the northwest corner of the New 49 York Telephone Co.'s Lot, which said point is at the west end of a 50 retaining curbing to the south line of brick driveway, thence running 51 north 75 degrees east along said south line of Maple Street fifty feet 52 to a bolt driven in the ground for a monument as a marker; thence south- 53 erly one hundred and eight and seven tenths feet to an iron bolt driven 54 in the ground fifty feet from the west line of lot hereby conveyed; 55 thence easterly fifty-one feet to a large iron pipe driven in the ground 56 for a monument; thence southerly about two feet easterly of the garageA. 1944 12 1 building on said property fifty-six feet to the location of the boundary 2 line between lands formerly owned by Elisha Baker, and Samuel Tappin and 3 U. Cornell Allen, the same being the southerly boundary line of the 4 premises hereby conveyed; thence westerly on said boundary line one 5 hundred and two feet to the east line of the Baptist Church lot, which 6 lot last mentioned line is monumented; thence along the east line of 7 said Church lot and the lot formerly owned by Crenville M. Ingalsbe one 8 hundred and sixty-one feet to the place of beginning. 9 The above described premises are conveyed subject to a certain right 10 of way over same heretofore granted by George H. Newton to Hudson River 11 Telephone Co. by Deed dated July 10, 1915 and recorded in Washington 12 County Clerk's Office in Liber 138 of Deeds at Page 134. 13 A more modern description of the above premises is as follows: 14 Commencing in the southerly bounds of Maple Street at the northwest 15 corner of premises formerly of New York Telephone Company; running 16 thence along the westerly bounds of said lands formerly of New York 17 Telephone Company; running thence along the westerly bounds of said 18 lands formerly of New York Telephone Company on a course of south 7 19 degrees 29 minutes west for a distance of 108.66 feet to a point for a 20 corner; running thence south 85 degrees 03 minutes east for a distance 21 of 50.97 feet to an iron pipe found for a corner; running thence south 8 22 degrees 35 minutes west for a distance of 56.65 feet to an iron pipe 23 found for a corner; running thence north 83 degrees 40 minutes west for 24 a distance of 101.94 feet along the northerly bounds of lands formerly 25 of O.T. Griffin to a point for a corner in the easterly bounds of the 26 Baptist Church lot; running thence north 8 degrees 17 minutes east for a 27 distance of 162.10 feet to a point in the southerly bounds of Maple 28 Street; running thence south 85 degrees 57 minutes east for a distance 29 of 49.90 feet to the point and place of beginning. The aforedescribed 30 premises are depicted on a certain "Map of Lands of Village of Hudson 31 Falls at "#8 Maple Street" dated November 2, 1953 by Leslie W. Coulter 32 and filed in the Washington County Clerk's Office on January 11, 1954, 33 as Map No. 02. 34 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 35 sion, the authority may issue a license pursuant to this section for a 36 premises which shall be within [five] six hundred fifty feet of three or 37 more existing premises licensed and operating pursuant to this section 38 and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty- 39 four-d of this article if, after consultation with the municipality or 40 community board, and an onsite visit to investigate the premises seeking 41 the license and the surrounding neighborhood it determines that granting 42 such license would be in the public interest. Before it may issue any 43 such license, the authority shall conduct a hearing, upon notice to the 44 applicant and the municipality or community board, and shall state and 45 file in its office its reasons therefor. The hearing may be rescheduled, 46 adjourned or continued, and the authority shall give notice to the 47 applicant and the municipality or community board of any such resched- 48 uled, adjourned or continued hearing. Before the authority issues any 49 said license, the authority or one or more of the commissioners thereof 50 may, in addition to the hearing required by this paragraph, also conduct 51 a public meeting regarding said license, upon notice to the applicant 52 and the municipality or community board. The public meeting may be 53 rescheduled, adjourned or continued, and the authority shall give notice 54 to the applicant and the municipality or community board of any such 55 rescheduled, adjourned or continued public meeting. Notice to the muni- 56 cipality or community board shall mean written notice mailed by theA. 1944 13 1 authority to such municipality or community board at least fifteen days 2 in advance of any hearing scheduled pursuant to this paragraph. Upon the 3 request of the authority, any municipality or community board may waive 4 the fifteen day notice requirement. No premises having been granted a 5 license pursuant to this section shall be denied a renewal of such 6 license upon the grounds that such premises are within five hundred feet 7 of a building or buildings wherein three or more premises are licensed 8 and operating pursuant to this section and sections sixty-four-a, 9 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 10 § 2. This act shall take effect immediately.
