Bill Text: NY S05639 | 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) 2019-10-29 - SIGNED CHAP.429 [S05639 Detail]
Download: New_York-2019-S05639-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 5639--A A. 7548--A 2019-2020 Regular Sessions SENATE - ASSEMBLY May 9, 2019 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Investi- gations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. McDONALD -- 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 exempting certain parcels of land from the provisions of law which generally restrict manufacturers, wholesalers and retailers from shar- ing an interest in a liquor license The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (xii) of paragraph (a) of subdivision 1 of 2 section 101 of the alcoholic beverage control law, as added by chapter 3 453 of the laws of 2018, is amended and a new subparagraph (xiii) is 4 added to read as follows: 5 (xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth 6 Ward of the City of Troy, County of Rensselaer and State of New York, 7 known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five 8 (5), A Five (A5) and the southerly portions of Lots Four (4) and A Four 9 (A4), as the same are laid down and described on a certain Map made by 10 Frederick W. Orr, dated August 15, 1918, filed in the Office of the 11 Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said 12 premises hereby intended to be conveyed are bounded and described as 13 follows: 14 COMMENCING at an iron rod in the westerly side of River Street at the 15 most southeasterly corner of premises heretofore conveyed by Harry Gold- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11435-02-9S. 5639--A 2 A. 7548--A 1 berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated 2 November 8, 1940, recorded November 12, 1940 In the Office of the Clerk 3 of the County of Rensselaer in Book 633 of Deeds at page 400 and running 4 thence southerly along the westerly line of River Street 215.6 feet to a 5 pipe in the most southeasterly corner of Lot No. A7; thence westerly 6 along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to 7 the easterly shore of the Hudson River; thence northerly along the east- 8 erly shore of the Hudson River 216 feet more or less to the most south- 9 westerly corner of land heretofore conveyed by the said Harry Goldberg 10 and Norman Goldberg to Arthur E. Collins and another hereinbefore 11 recited; thence along the southerly line of lands heretofore conveyed to 12 said Collins and another easterly 31.75 feet; thence northerly 6.33 13 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence east- 14 erly 150.57 feet to the point or place of beginning. 15 EXCEPTING THEREFROM that portion of the above described premises as 16 were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, 17 Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County 18 Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215, 19 Containing 17,600 square feet of land more or less. 20 BEARINGS refer to the magnetic meridian of 1993. Said premises are 21 also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage 22 and depth 115.60 x 220.00 being the same premises described in Book 6534 23 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being 24 the same premises in the 2009 City of Troy Assessment Rolls and 25 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, 26 ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; and being further bounded 27 and described as follows: BEGINNING at a point marked by a capped iron 28 rod where the division line between lands now or formerly of Walter 29 Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands 30 herein described on the southwest intersects the northwesterly side of 31 River Street; running thence South 40° 01' 52" West along the northwes- 32 terly side of River Street a distance of 100.00 feet to a point; thence 33 North 49° 45' 31" West a distance of 41.97 feet to a point at the south- 34 westerly corner of the building located on the herein described prem- 35 ises, said point also being the northeasterly corner of the building 36 located on the property adjoining on the southwest; thence North 60° 59' 37 40" West along the building wall located on the property adjoining on 38 the southwest and the northwesterly continuation of same a distance of 39 140.88 feet to the easterly shore of the Hudson River; thence North 30° 40 16' 52" East along the shore of the Hudson River a distance of 90.90 41 feet to a point; thence South 60° 44' 08" East along lands now or 42 formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a 43 distance of 31.75 feet to a point; thence North 30° 16' 52" East contin- 44 uing along lands now or formerly of Walter Snyder Printer, Inc. a 45 distance of 6.33 feet to a point; thence South 60° 44' 08" East continu- 46 ing along lands now or formerly of Walter Snyder Printer, Inc a distance 47 of 18.00 feet to a point; thence South 30° 16' 52" West continuing along 48 lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 49 feet to a point; thence South 60° 44' 08" East continuing along lands 50 now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 51 feet to the point and place of beginning. Be the aforesaid dimensions in 52 this clause more or less and encompassing lands considered to be a 53 single contiguous parcel. 54 (xiii) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and 55 being in the Village of South Glens Falls, County of Saratoga and State 56 of New York, being more particularly bounded and described as follows:S. 5639--A 3 A. 7548--A 1 BEGINNING at a point at the southwest corner of the herein described 2 parcel. Also being the southeast corner of Lands of Village of South 3 Glens Falls (L. 1448 P. 709) and being on the north boundary of West 4 Marion Street, thence from said point of beginning: n 21-21'-57" E 5 150.72 feet along lands of the Village of South Glens Falls to a point 6 on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04 7 feet along lands of Village of South Glens Falls and Mounir Rahal to a 8 point at the southeast corner of Rahal and on the west boundary of U.S. 9 Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the 10 intersection of the west boundary of Rte. 9 and the north boundary of 11 West Marion Street, thence North 67-32'-32" West 189.29 feet along West 12 Marion Street to the point and place of beginning. Said parcel contain- 13 ing 0.507 plus or minus acres. 14 § 2. Subparagraph (xii) of paragraph (a) of subdivision 13 of section 15 106 of the alcoholic beverage control law, as amended by chapter 453 of 16 the laws of 2018, is amended and two new subparagraphs (xiii) and (xiv) 17 are added to read as follows: 18 (xii) all those tracts or parcels of land, situate in the Tenth Ward 19 of the City of Troy, County of Rensselaer and State of New York, known 20 as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A 21 Five (A5) and the southerly portions of Lots Four (4) and A Four (A4), 22 as the same are laid down and described on a certain Map made by Freder- 23 ick W. Orr, dated August 15, 1918, filed in the Office of the Clerk of 24 the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises 25 hereby intended to be conveyed are bounded and described as follows: 26 COMMENCING at an iron rod in the westerly side of River Street at the 27 most southeasterly corner of premises heretofore conveyed by Harry Gold- 28 berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated 29 November 8, 1940, recorded November 12, 1940 In the Office of the Clerk 30 of the County of Rensselaer in Book 633 of Deeds at page 400 and running 31 thence southerly along the westerly line of River Street 215.6 feet to a 32 pipe in the most southeasterly corner of Lot No. A7; thence westerly 33 along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to 34 the easterly shore of the Hudson River; thence northerly along the east- 35 erly shore of the Hudson River 216 feet more or less to the most south- 36 westerly corner of land heretofore conveyed by the said Harry Goldberg 37 and Norman Goldberg to Arthur E. Collins and another hereinbefore 38 recited; thence along the southerly line of lands heretofore conveyed to 39 said Collins and another easterly 31.75 feet; thence northerly 6.33 40 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence east- 41 erly 150.57 feet to the point or place of beginning. 42 EXCEPTING THEREFROM that portion of the above described premises as 43 were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, 44 Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County 45 Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215, 46 Containing 17,600 square feet of land more or less. 47 BEARINGS refer to the magnetic meridian of 1993. Said premises are 48 also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage 49 and depth 115.60 x 220.00 being the same premises described in Book 6534 50 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being 51 the same premises in the 2009 City of Troy Assessment Rolls and 52 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, 53 ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; and being further bounded 54 and described as follows: BEGINNING at a point marked by a capped iron 55 rod where the division line between lands now or formerly of Walter 56 Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and landsS. 5639--A 4 A. 7548--A 1 herein described on the southwest intersects the northwesterly side of 2 River Street; running thence South 40° 01' 52" West along the northwes- 3 terly side of River Street a distance of 100.00 feet to a point; thence 4 North 49° 45' 31" West a distance of 41.97 feet to a point at the south- 5 westerly corner of the building located on the herein described prem- 6 ises, said point also being the northeasterly corner of the building 7 located on the property adjoining on the southwest; thence North 60° 59' 8 40" West along the building wall located on the property adjoining on 9 the southwest and the northwesterly continuation of same a distance of 10 140.88 feet to the easterly shore of the Hudson River; thence North 30° 11 16' 52" East along the shore of the Hudson River a distance of 90.90 12 feet to a point; thence South 60° 44' 08" East along lands now or 13 formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a 14 distance of 31.75 feet to a point; thence North 30° 16' 52" East contin- 15 uing along lands now or formerly of Walter Snyder Printer, Inc. a 16 distance of 6.33 feet to a point; thence South 60° 44' 08" East continu- 17 ing along lands now or formerly of Walter Snyder Printer, Inc a distance 18 of 18.00 feet to a point; thence South 30° 16' 52" West continuing along 19 lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 20 feet to a point; thence South 60° 44' 08" East continuing along lands 21 now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 22 feet to the point and place of beginning. Be the aforesaid dimensions in 23 this clause more or less and encompassing lands considered to be a 24 single contiguous parcel. 25 (xiii) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of 26 Saratoga Springs, Saratoga County, New York, bounded and described as 27 follows: Beginning at a point 55 feet south on Beekman Street, from 28 where the west line of Beekman Street intersects the south line of 29 Congress Street, and running thence southerly along the west line of 30 Beekman Street 55 feet, more or less, to the north line of the premises 31 now or formerly owned or occupied by Henry Curtis; thence westerly along 32 said Curtis' north line 65 feet, more or less, to the east line of the 33 premises heretofore conveyed to Edward M. Merritt; thence northerly 34 along said Merritt's east line 55 feet, more or less, to a point 55 feet 35 south of the south line of Congress Street; thence easterly on a line 36 parallel with the south line of Congress Street 65 feet, more or less, 37 to the point and place of beginning; and being further bounded and 38 described as follows: BEGINNING at a point in the Southerly line Grand 39 Avenue at the intersection of the Westerly line of Beekman Street, said 40 point also being the Northeast comer of lands now or formerly of Dublin 41 Underground, LLC as conveyed in Book 1769 of Deeds at Page 657,thence 42 along said Westerly line of Beekman Street, South 01°02'45"West, SS.00 43 feet to a point at the intersection of the common division line between 44 lands now or formerly of Haggerty as conveyed in Book 1595 of Deeds at 45 Page 480 on the South and lands of said Dublin Underground LLC on the 46 North, thence along said division line, North 88°57'15"West, 65.00 feet 47 to a point at the intersection of the common division line between lands 48 now or formerly of Haynes as conveyed in Book 1630 of Deeds at Page 727 49 on the West and said lands of Dublin Underground UC on the East, thence 50 along said division line, North 01°02'45"East, 55.00 feet to a point in 51 the Southerly line of Grand Avenue, thence along said Southerly line, 52 South 88°57'15"East, 65.00 feet to the point or place of beginning and 53 containing 3576 ± square feet of land; and being further bounded and 54 described as follows: BEGINNING at a point where the east line of an 55 alley intersects the south line of Grand Avenue, running thence easterly 56 fifty-five (55) feet, more or less, to the west line of property now orS. 5639--A 5 A. 7548--A 1 formerly owned by one Desidora; thence southerly one hundred ten (110) 2 feet, more or less, to the northerly line of property now or formerly 3 owned by one Gutierresl thence westerly fifty-five (55) feet, more or 4 less to the easterly line of an alley; thence northerly one hundred ten 5 (110) feet, more or less to the point or place of beginning. Be the 6 aforesaid dimensions in this clause more or less and encompassing lands 7 considered to be a single contiguous parcel. 8 (xiv) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of 9 Saratoga Springs, County of Saratoga and State of New York, bounded and 10 described as follows: Starting at an iron pipe on the southerly side of 11 New York State Highway 9P at the intersection of the lands now of 12 formerly of Ernst and one Walbridge and runs thence along the said high- 13 way S 64 degrees 25' E 72.4 feet to a concrete state monument; thence S 14 35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side of an 18 15 foot wide Right of Way extending from the aforementioned highway to the 16 Low Water Mark of Saratoga Lake; thence along the said Right of Way S 17 17 degrees 20' W 115 feet to an iron pipe, the place of beginning; thence 18 in the same straight line along the said Right of Way 78.4 feet to an 19 iron pipe; thence still along the said Right of Way S 38 degrees 9' W 20 208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet to an iron 21 pipe; thence N 14 degrees 34' E 54.2 feet to an iron pipe; thence N 56 22 degrees 0' E 242.8 feet to the place of beginning, the aforementioned 23 dimensions more or less; and being further bounded and described as 24 follows: BEGINNING at an iron pipe of the southerly side of New York 25 State Highway 9P at the intersection of the lands now of formerly of 26 Ernst and one Walbridge and runs thence along said highway S. 64 degrees 27 25' E. 72.4 feet to a concrete state monument; thence still along the 28 said highway S. 35 degrees 9' E. 135.6 feet to an iron pipe on the 29 westerly side of a Right of Way 18 feet wide running from the beforemen- 30 tioned highway to the Low Water Mark of Saratoga Lake; thence across the 31 said Right of Way S. 26 degrees E. 21.15 feet to the Easterly side of 32 the said Right of Way, the place of beginning; thence along the said 33 Right of Way S. 17 degrees 20' W. 171.1 feet to a point; thence still 34 along the said Right of Way S. 38 degrees 9' W. to the Low Water Mark of 35 Saratoga Lake; thence along the Low Water Mark of the said lake to an 36 iron pipe on the Westerly side of the said Highway which point is about 37 435 feet Easterly at right angles from the Easterly side of the before- 38 mentioned Right of Way; thence along the said Highway N. 10 degrees 57' 39 W. 653.5 feet to a concrete monument; thence N. 26 degrees 10' W. 9.85 40 feet to the place of beginning. Be the aforesaid dimensions in this 41 clause more or less and encompassing lands considered to be a single 42 parcel. 43 § 3. This act shall take effect immediately.
