Provides an exemption for certain parcels of land from the licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises or to sell at retail for consumption on the premises; provides for the repeal of certain provisions upon expiration thereof.
STATE OF NEW YORK
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10068
IN SENATE
April 27, 2026
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Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages from on licensees who sell at retail for consumption on the
premises; and providing for the repeal of such provision upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 13 of section 106 of the alco-
2 holic beverage control law is amended by adding a new subparagraph
3 (xxiv) to read as follows:
4 (xxiv) Parcel A
5 The fourth floor of all that certain lot, piece or parcel of land,
6 together with the buildings and improvements now or hereafter erected
7 thereon, situate, lying and being in the Borough of Manhattan, City,
8 County and State of New York, bounded and described as follows:
9 Beginning at a point on the southerly side of East 57th Street,
10 distant 125 feet easterly from the intersection of the easterly side of
11 Fifth Avenue and the southerly side of 57th Street, thence southerly and
12 parallel with the easterly side of Fifth Avenue 100 feet 5 inches;
13 thence easterly and parallel with the southerly side of 57th Street 50
14 feet; thence northerly and again parallel with the easterly side of
15 Fifth Avenue 100 feet 5 inches to the southerly side of 57th Street;
16 thence westerly along the southerly side of 57th Street 50 feet to the
17 point or place of beginning.
18 Parcel B
19 ALL that certain plot, piece or parcel of land, situate, lying and
20 being in the borough of Manhattan, County, City and State of New York,
21 bounded and described as follows:
22 Beginning at a point on the easterly line of Fifth Avenue, distant 118
23 feet 9 1/2 inches southerly from the intersection of the said easterly
24 line of Fifth avenue with the southerly line of East 58th Street and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13301-01-5
S. 10068 2
1 opposite the center of a certain party wall; running thence easterly and
2 part of the way along the center of said party wall and a line in
3 prolongation thereof 100.00 feet to a point distant 118 feet 11 1/2
4 inches southerly from the southerly line of East 58th Street, measured
5 on a line parallel with Fifth Avenue and distant 100.00 feet from the
6 easterly line thereof, measured along the southerly line of East 58th
7 Street; thence southerly, parallel with Fifth Avenue, 19 feet 6 1/2
8 inches to a point opposite the center of another party wall and distant
9 62 feet 4 inches northerly from the northerly line of East 57th Street,
10 measured at right angles thereto; thence westerly and part of the way
11 along the center line of said last mentioned party wall 100.00 feet to a
12 point on the easterly side of Fifth Avenue, distant 62 feet 6 inches
13 northerly from the intersection of the easterly line of Fifth Avenue and
14 the northerly line of East 57th street; thence northerly along the east-
15 erly line of Fifth Avenue, 19 feet 6 1/2 inches to the point or place of
16 beginning.
17 Provided, however, that with respect to such retail licensee's inter-
18 est in a business engaged in the manufacture or sale at wholesale of
19 alcoholic beverages described in subdivision one-a of section one
20 hundred one of this article: (i) such interest must have been acquired
21 prior to the effective date of this subdivision; (ii) such retail licen-
22 see may not purchase alcoholic beverages directly from any such manufac-
23 turer or wholesaler; and (iii) no more than fifteen percent of the annu-
24 al dollar value of alcoholic beverages purchased by such retail licensee
25 for sale on the premises may be produced by any such manufacturer.
26 § 2. This act shall take effect immediately; provided, however, that
27 upon the sale or transfer of the parcels detailed in subparagraph (xxiv)
28 of paragraph (a) of subdivision 13 of section 106 of the alcoholic
29 beverage control law, as added by section one of this act, such subpara-
30 graph shall expire and be deemed repealed unless the licensee immediate-
31 ly obtains a leasehold upon such sale or transfer of such parcel as part
32 of the sale or transfer. If the licensee obtains such a leasehold, the
33 subparagraph pertaining to such parcel shall expire and be deemed
34 repealed upon the end or termination of such lease. The state liquor
35 authority shall notify the legislative bill drafting commission upon
36 notification by the licensee of the sale, transfer or termination of the
37 leasehold, or non-renewal of the leasehold of the parcels detailed in
38 subparagraph (xxiv) of paragraph (a) of subdivision 13 of section 106 of
39 the alcoholic beverage control law in order that the commission may
40 maintain an accurate and timely effective data base of the official text
41 of the laws of the state of New York in furtherance of effectuating the
42 provisions of section 44 of the legislative law and section 70-b of the
43 public officers law.
