Bill Text: NY S06603 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to licenses to sell at retail for consumption on the premises.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-05-09 - referred to economic development [S06603 Detail]

Download: New_York-2015-S06603-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6603--B
            Cal. No. 535
                    IN SENATE
                                    January 29, 2016
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  Operations  --  committee  discharged,  bill  amended,   ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          licenses to sell at retail for consumption on the premises
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
     2  amended by adding a new subdivision 13-a to read as follows:
     3    13-a.  (a)  Notwithstanding  the provisions of subdivision thirteen of
     4  this section the state  liquor  authority  may  issue  a  license  under
     5  section  eighty-one-a of this chapter to the owner, lessor and/or opera-
     6  tor of parcel or parcels described in this paragraph:
     7    All that certain plot, piece, or parcel of land with the buildings and
     8  improvements thereon erected, situate, lying, and being in the  City  of
     9  New  York,  County of Kings and State of New York, and more particularly
    10  bounded and described as follows:
    11    THE CONDOMINIUM UNIT (hereinafter referred to as the  "Unit")  in  the
    12  building  (hereinafter referred to as the "Building") known as 210 Jora-
    13  lemon Street Condominium and by  the  Street  Number  208-230  Joralemon
    14  Street  a/k/a  45-63  Court  Street, County of Kings, State of New York,
    15  said Unit being designated and described as Retail Unit (RU) in a Decla-
    16  ration dated 4/18/1.2 made by The  City  of  New  York,  acting  by  and
    17  through  its Department of Citywide Administrative Services, pursuant to
    18  Article 9-B of the Real Property Law of the State of New  York  (herein-
    19  after  referred  to  as  the  "Condominium Act") establishing a Plan for
    20  condominium ownership of the Building and the Land (hereinafter referred
    21  to as the "land") upon which the building is situate (which land is more
    22  particularly described in Exhibit A annexed hereto and by this reference
    23  made a part hereof), which Declaration was recorded in the Office of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13607-06-6

        S. 6603--B                          2
     1  City Register of the City of New York, County of Kings, on  4/24/12,  as
     2  CRFN  2012000163630,  as amended by First Amendment to Declaration dated
     3  7/9/13 and recorded 8/14/13 as CRFN 2013000321931 (which Declaration and
     4  Amendments (if applicable) thereto are hereinafter collectively referred
     5  to  as  the "Declaration"). This Unit is also designated as Tax Lot 1002
     6  in Block 266 of the County of Kings on the Tax Map of the Real  Property
     7  Assessment  Department and on the Floor Plans of the Building, Certified
     8  by Sherida E. Paulson, Architects, on 439/12 and  filed  with  the  Real
     9  Property  Assessment Department on 4/20/12 as Condominium Plan No.  3197
    10  and also filed in the Office of the City Register of  the  City  of  New
    11  York, County of Kings, on 4/24/12 as Condominium Map No.  2012000163631.
    12    TOGETHER  with  an undivided 10.5% interest in the Common Elements (as
    13  such term is defined in the Declaration).
    14    TOGETHER with and  SUBJECT  to  the  rights,  obligations,  easements,
    15  restrictions  and  other  provisions set forth in the Declaration, Floor
    16  plans and the By-Laws of 210 Joralemon Street Condominium, as  the  same
    17  may  be  amended  from  time  to  time  (herein after referred to as the
    18  "By-Laws"), all of which shall constitute  covenants  running  with  the
    19  Land and shall bind any person having at any time any interest or estate
    20  in the Unit, as though recited and stipulated at length herein.
    21    The  land on which the building and unit is located is situated in the
    22  County of Kings and State of New York and is more fully described in the
    23  Declaration of Condominium recorded in the Office of the  City  Register
    24  of  the  City  of  New  York,  County  of  Kings,  on  4/24/12,  as CRFN
    25  2012000163630, as amended.
    26    ALL THAT CERTAIN, plot, piece or parcel of land,  situate,  lying  and
    27  being in the Borough of Brooklyn, County of Kings and State of New York,
    28  bounded and described as follows:
    29    BEGINNING  at  the  corner formed by the intersection of the southerly
    30  side of Joralemon Street with the easterly side of Court Street;
    31    RUNNING THENCE easterly along the southerly side of Joralemon  Street,
    32  a distance of 273 feet 9 inches of the lands now of formerly of Brooklyn
    33  Law School;
    34    THENCE  southerly along a line forming an interior angle of 88 degrees
    35  24 minutes 15 seconds with the last mentioned line and running along the
    36  westerly side of lands  now  or  formerly  of  Brooklyn  Law  School,  a
    37  distance of 179 feet 7-3/4 inches;
    38    THENCE  easterly  along a line forming an exterior angle of 97 degrees
    39  19 minutes 37 seconds with the last mentioned line and running along the
    40  southerly line of lands  now  or  formerly  of  Brooklyn  Law  School  a
    41  distance of 13 feet 3 5/8 inches;
    42    THENCE  southerly  at  right  angles  to  the  last mentioned line and
    43  continuing along the westerly line of lands now of formerly of  Brooklyn
    44  Law  School  a distance of 3 feet 11 3/4 inches to lands now or formerly
    45  of 111 Livingston LLC;
    46    THENCE southerly along a line forming an interior angle of 90  degrees
    47  36  minutes  24 seconds with the northerly side of Livingston Street and
    48  running along the westerly line of lands now or formerly of 111  Living-
    49  ston  LLC,  a  distance  164  feet  1/8  inches to the northerly side of
    50  Livingston Street;
    51    THENCE westerly along  the  northerly  side  of  Livingston  Street  a
    52  distance  of  36 feet 2 inches to lands now or formerly of 85 Livingston
    53  Tenants Corp;
    54    THENCE northerly along a line forming an exterior angle of 90  degrees
    55  48  minutes  with  the  last mentioned course and along the lands now or
    56  formerly of 85 Livingston Tenants Corp a distance, 150 feet;

        S. 6603--B                          3
     1    THENCE westerly along a line forming an exterior angle of  89  degrees
     2  12  minutes  with  the  last mentioned course and along the lands now or
     3  formerly of 85 Livingston Tenants Corp and continuing  along  the  lands
     4  now  or  formerly  of the New York City Board of Education a distance of
     5  221 feet 2 inches;
     6    THENCE  southerly on a line forming an exterior angle of 90 degrees 40
     7  minutes with the last mentioned  course  and  along  the  lands  now  or
     8  formerly  of  the  New  York  City Board of Education a distance 23 feet
     9  4-1/2 inches;
    10    THENCE westerly on a Tine forming an interior angle of 90  degrees  34
    11  minutes  05  seconds with the last mentioned course and continuing along
    12  the lands now or formerly of the New York  City  Board  of  Education  a
    13  distance 50 feet to the easterly side of Court Street; and
    14    THENCE  northerly  along the easterly side of Court Street, 180 feet 3
    15  inches to the corner formed by the intersection of the southerly side of
    16  Joralemon Street with the easterly side of Court  Street  the  point  or
    17  place of BEGINNING.
    18    (b)  Provided,  however,  that  the owner, lessor and/or operator of a
    19  licensed premises described in paragraph  (a)  of  this  subdivision  is
    20  prohibited  from selling any alcoholic beverages manufactured or sold at
    21  wholesale by any business that it has any direct  or  indirect  interest
    22  in.
    23    § 2. This act shall take effect immediately.
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