Relates to an exemption for certain property from the prohibition of alcohol sales within a certain distance of a church for a condominium building in Manhattan.
STATE OF NEW YORK
________________________________________________________________________
8385
IN SENATE
January 25, 2024
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to an
exemption for certain property from the prohibition of alcohol sales
within a certain distance of a church
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 is amended by adding a new paragraph (e-16) to read as
3 follows:
4 (e-16) Notwithstanding the provisions of paragraph (a) of this subdi-
5 vision or paragraph (a) of subdivision three of section one hundred five
6 of this chapter, the authority may issue retail licenses for a premises
7 which shall be within two hundred feet of a building occupied exclusive-
8 ly as a school, church, synagogue or other place of worship, provided
9 such premises constitutes a premises for the sale of food or beverages
10 at retail located wholly within the boundaries of the borough of Manhat-
11 tan, city of New York, county of New York, bounded and described as
12 follows:
13 The Condominium Unit ("Unit") known as Unit B or the Non-Residential
14 Unit in the building ("Building") known as the One Wall Street Condomin-
15 ium ("Condominium") and by the street number One Wall Street, Borough of
16 Manhattan, County of New York, City and State of New York, said Unit
17 being designated and described as the Non-Residential Unit in a certain
18 declaration dated March 9, 2018, made by MIP One Wall Street Acquisition
19 LLC pursuant to Article 9-B of the Real Property Law of the State of New
20 York ("Condominium Act") establishing a plan for condominium ownership
21 of the Building and the land ("Land") upon which the Building is situate
22 (which Land is more particularly described below), which declaration was
23 recorded in the Office of the Register of the City of New York of the
24 County of New York ("Register's Office") on June 29, 2018, as CRFN#
25 2018000215497 ("Declaration"). The Unit is also designated as Tax Lot
26 1002 in Block 23 of the Borough of Manhattan on the Tax Map of the Divi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14022-01-4
S. 8385 2
1 sion of Land Records of the City of New York and on the Tax Lot Drawings
2 of the Building, certified by SLCE Architects on April 19, 2018, and
3 filed with the Department of Finance of the City of New York on June 20,
4 2018, as Condominium Plan No. 2751 and also filed in the Register's
5 Office on June 29, 2018, as CRFN# 2018000215498;
6 TOGETHER with an undivided 17.4195% interest in the Common Elements
7 (as such term is defined in the Declaration), the land upon which the
8 Building containing the Unit is situate is described as:
9 ALL that certain plot, piece or parcel of land, situate, lying and
10 being in the Borough of Manhattan, County of New York, City and State of
11 New York, bounded and described as follows:
12 PARCEL A:
13 ALL that certain plot, piece or parcel of land, situate, lying and
14 being in the Borough of Manhattan, County, City and State of New York,
15 bounded and described as follows:
16 BEGINNING at the corner formed by the intersection of the easterly
17 side of Broadway with the southerly side of Wall Street;
18 RUNNING THENCE southerly, along the easterly side of Broadway 178
19 feet, 8-3/4 inches to the northerly face of the northerly wall of the
20 building on the premises adjoining on the south;
21 HENCE easterly, along a line which makes an angle of 89 degrees, 17
22 minutes, and 30 seconds on its northerly side with the preceding course,
23 52 feet, 1 inch;
24 THENCE continuing easterly, along a line which makes an angle of 180
25 degrees, 24 minutes, 30 seconds on its northerly side with the preceding
26 course, 35 feet, 10 inches;
27 THENCE still easterly, along a line which makes an angle of 191
28 degrees 7 minutes and 30 seconds on its northerly side with the preced-
29 ing course, 12 feet, 10 inches;
30 THENCE still easterly, along a line which makes an angle of 166
31 degrees, 36 minutes on its northerly side with the preceding course, and
32 an angle of 86 degrees, 32 minutes, and 30 seconds with the westerly
33 side of New Street, 17 feet, 2 inches to the westerly side of New
34 Street;
35 THENCE northerly, along the westerly side of New Street on a line
36 which makes an interior angle with the last preceding course of 86
37 degrees, 32 minutes, 30 seconds, 44 feet, 2-3/4 inches;
38 THENCE still northerly, along the said westerly side of New Street, on
39 a line which makes an interior angle with the last preceding course of
40 181 degrees, 14 minutes and 0 seconds, 135 feet, 4-1/2 inches to the
41 corner formed by the intersection of the southerly side of Wall Street
42 with the westerly side of New Street;
43 THENCE westerly, along the said southerly side of Wall Street, the
44 following three courses and distances:
45 1. along a line which makes an interior angle with the last mentioned
46 course of 99 degrees, 46 minutes, and 50 seconds, 42 feet, 10-1/2 inch-
47 es;
48 2. along a line which makes an interior angle with the said last
49 mentioned course of 175 degrees, 5 minutes, and 10 seconds, 19 feet, 3
50 inches; and
51 3. along a line which makes an interior angle with the last preceding
52 course of 175 degrees, 29 minutes and 10 seconds, 39 feet, 10 inches to
53 the corner first above mentioned, as the point or place of BEGINNING.
54 PARCEL B:
S. 8385 3
1 ALL that certain plot, piece or parcel of land, situate, lying and
2 being in the Borough of Manhattan, County, City and State of New York,
3 bounded and described as follows:
4 BEGINNING at the corner formed by the intersection of the easterly
5 side of Broadway with the northerly side of Exchange Place;
6 RUNNING THENCE northerly along the easterly side of Broadway 184 feet
7 to the northerly face of the northerly wall of the building on premises
8 described herein, which point is the southerly line of land now of The
9 Bank of New York (as successor by merger to Irving Trust Company);
10 THENCE along the land now of The Bank of New York (as successor by
11 merger to Irving Trust Company); the courses and distances following;
12 1. Easterly along a line which makes an angle of 89 degrees 17 minutes
13 30 seconds on its northerly side with the easterly side of Broadway, 52
14 feet 1 inch;
15 2. Continuing easterly along a line which makes an angle of 180
16 degrees 24 minutes 30 seconds on its northerly side with the preceding
17 course, 35 feet 10 inches;
18 3. Still easterly along a line which makes an angle of 191 degrees 7
19 minutes 30 seconds on its northerly side with the preceding course 12
20 feet 10 inches;
21 4. Still easterly along a line which makes an angle of 166 degrees 36
22 minutes on its northerly side with the preceding course and an angle of
23 86 degrees 32 minutes and 30 seconds with the westerly side of New
24 Street 17 feet 2 inches to the westerly side of New Street;
25 THENCE southerly along the westerly side of New Street 177 feet 7-1/2
26 inches to the northerly side of Exchange Place;
27 THENCE westerly along the northerly side of Exchange Place; 132 feet 6
28 inches to the easterly side of Broadway, to the point or place of BEGIN-
29 NING.
30 § 2. This act shall take effect immediately.
