Bill Text: NY A07756 | 2019-2020 | General Assembly | Amended
Bill Title: Exempts certain parcels of land from the provisions of law which generally restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-12-06 - SIGNED CHAP.611 [A07756 Detail]
Download: New_York-2019-A07756-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7756--A 2019-2020 Regular Sessions IN ASSEMBLY May 20, 2019 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages on licensees who sell at retail for on-premises consumption; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 101 of the alcoholic beverage control law is 2 amended by adding a new subdivision 1-a to read as follows: 3 1-a. The provisions of paragraph (a) of subdivision one of this 4 section shall not apply to any licensed manufacturer or wholesaler 5 located on the second floor of premises in the borough of Manhattan, 6 city, county and state of New York, bounded and described as follows: 7 Beginning at the corner formed by the intersection of the southerly side 8 of West 16th Street with the westerly side of 10th Avenue; running 9 thence westerly along the said southerly side of West 16th Street, 262 10 feet 5-1/4 inches to the corner formed by the intersection of the south- 11 erly side of West 16th Street with the easterly side of 11th Avenue 12 (formerly Marginal Street); running thence southeasterly along the east- 13 erly side of said 11th Avenue (formerly Marginal Street) 221 feet 4-1/2 14 inches to the corner formed by the intersection of said easterly side of 15 11th Avenue (formerly Marginal Street) with the northerly side of said 16 West 15th Street; running thence easterly along the northerly side of 17 West 15th Street, 182 feet 8 inches to the corner formed by the inter- 18 section of said northerly side of West 15th Street with the said wester- 19 ly side of 10th Avenue; running thence northerly along said westerly 20 side of 10th Avenue, 206 feet 6 inches to the point or place of begin- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11698-02-9A. 7756--A 2 1 ning. Provided, however, that with respect to such manufacturer's or 2 wholesaler's interest in a retail licensee located at premises described 3 in paragraph (a-1) of subdivision thirteen of section one hundred six of 4 this article: (i) such interest must have been acquired prior to the 5 effective date of the chapter of the laws of two thousand nineteen which 6 added this subdivision; (ii) such manufacturer or wholesaler may not 7 sell alcoholic beverages directly to such retail licensee; and (iii) no 8 more than fifteen percent of the annual dollar value of alcoholic bever- 9 ages purchased by such retail licensee for sale on the premises may be 10 produced by any such manufacturer. 11 § 2. Section 101 of the alcoholic beverage control law is amended by 12 adding a new subdivision 1-a to read as follows: 13 1-a. The provisions of paragraph (a) of subdivision one of this 14 section shall not apply to any licensed manufacturer or wholesaler 15 located on the 35th floor of premises in the borough of Manhattan, city, 16 county and state of New York, bounded and described as follows: begin- 17 ning at the corner formed by the intersection of the easterly side of 18 Washington Street and the southerly side of Barclay Street; running 19 thence easterly along the southerly side of Barclay Street, the follow- 20 ing three (3) courses and distances: (1) South 88 degrees 37 minutes 20 21 seconds East 161.04 feet; (2) South 88 degrees 39 minutes 01 seconds 22 East 67.81 feet; and (3) South 88 degrees 36 minutes 50 seconds East 23 112.04 feet to the corner formed by the intersection of the southerly 24 side of Barclay Street and the westerly side of West Broadway; thence 25 southerly along the westerly side of West Broadway, the following three 26 (3) courses and distances: (1) South 13 degrees 29 minutes 10 seconds 27 West 33.54 feet; (2) South 88 degrees 37 minutes 31 seconds East 7.16 28 feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20 feet to 29 the corner formed by the intersection of the westerly side of West 30 Broadway and the northerly side of Vesey Street; thence westerly along 31 the northerly side of Vesey Street, North 88 degrees 37 minutes 31 32 seconds West 233.48 feet to the corner formed by the intersection of the 33 northerly side of Vesey Street and the easterly side of Washington 34 Street; and thence northerly along the easterly side of Washington 35 Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet to the 36 point or place of beginning. Provided, however that, with respect to 37 such manufacturer's or wholesaler's interest in a retail licensee 38 located at premises described in paragraph (a-1) of subdivision thirteen 39 of section one hundred six of this article: (i) such interest must have 40 been acquired prior to the effective date of the chapter of the laws of 41 two thousand nineteen which added this subdivision; (ii) such manufac- 42 turer or wholesaler may not sell alcoholic beverages directly to such 43 retail licensee; and (iii) no more than fifteen percent of the annual 44 dollar value of alcoholic beverages purchased by such retail licensee 45 for sale on the premises may be produced by any such manufacturer. 46 § 3. Subdivision 13 of section 106 of the alcoholic beverage control 47 law is amended by adding a new paragraph (a-1) to read as follows: 48 (a-1) The provisions of paragraph (a) of this subdivision shall not 49 apply to the holder of a retail on-premises consumption license issued 50 for a premises located in the borough of Manhattan, city, county and 51 state of New York, bounded and described as follows: Beginning at a 52 point on the northerly side of 52nd Street, distant 375 feet westerly 53 from the northwesterly corner of 52nd Street and Fifth Avenue; running 54 thence northerly parallel with Fifth Avenue and part of the way through 55 a party wall, 75 feet 5 inches; thence westerly parallel with the north- 56 erly side of 52nd Street, 11 feet 2-3/4 inches; thence northerly paral-A. 7756--A 3 1 lel with Fifth Avenue, 25 feet to the center line of the block; thence 2 easterly along said center line of the block, 71 feet 2-3/4 inches; 3 thence southerly parallel with Fifth Avenue and part of the way through 4 a party wall, 100 feet 5 inches to the northerly side of 52nd Street; 5 thence westerly along the northerly side of 52nd Street, 60 feet to the 6 point or place of beginning. Provided, however, that with respect to 7 such retail licensee's interest in a business engaged in the manufacture 8 or sale at wholesale of alcoholic beverages described in subdivision 1-a 9 of section one hundred one of this article: such interest must have been 10 acquired prior to the effective date of the chapter of the laws of two 11 thousand nineteen which added this paragraph; (ii) such retail licensee 12 may not purchase alcoholic beverages directly from any such manufacturer 13 or wholesaler; and (iii) no more than fifteen percent of the annual 14 dollar value of alcoholic beverages purchased by such retail licensee 15 for sale on the premises may be produced by any such manufacturer. 16 § 4. This act shall take effect immediately; provided, however, that 17 the provisions of section one of this act shall expire and be deemed 18 repealed April 1, 2021, when upon such date the provisions of section 19 two of this act shall take effect.
