STATE OF NEW YORK
________________________________________________________________________
8989--A
Cal. No. 1127
IN SENATE
May 3, 2022
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- 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
authorizing the manufacture of beer, spirits, cider, wine and mead at
the Culinary Institute of America; and to repeal certain provisions of
such law relating thereto
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 1 of section 101 of the alco-
2 holic beverage control law is amended by adding a new subparagraph (xiv)
3 to read as follows:
4 (xiv) any such premises or business constituting an alcoholic beverage
5 manufacturer or wholesaler in the town of Hyde Park, county of Dutchess
6 owned and operated by the Culinary Institute of America, a not-for-pro-
7 fit 501(c)(3) higher education institution chartered by the New York
8 state board of regents located at:
9 SCHEDULE A
10 ALL that certain tract, lot and parcel of land lying and being in the
11 Town of Hyde Park, County of Dutchess and State of New York, being more
12 particularly described as follows:
13 BEGINNING at a point on the easterly side of Albany Post Road (NYS
14 Route 9), said point being the southwesterly corner of the herein
15 described premises and the northwesterly corner of lands now or formerly
16 of Traver; running thence along the said easterly side of Albany Post
17 Road the following four (4) courses and distances: North 03° 15' 30"
18 East 68.91 feet, North 09° 35' 20" East 31.09 feet, North 06° 53' 00"
19 East 148.62 feet, and North 12° 25' 00" East 62.03 feet to the corner
20 formed by the intersection of the said easterly side of Albany Post Road
21 and the Southerly side of West Dorsey Lane; running thence along the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15554-04-2
S. 8989--A 2
1 said southerly side of West Dorsey Lane North 38° 26' 00" East 25.02
2 feet, North 63° 13' 00" East 37.83 feet, and North 67° 25' 00" East
3 121.38 feet to the northwest corner of lands now or formerly of
4 Firneiss; running thence along the westerly and southerly line of lands
5 now or formerly of Firneiss, South 03° 16' 59" East 179.57 feet and
6 South 79° 13' 59" East 121.73 feet to lands now or formerly of Maidman;
7 running thence along the westerly line of lands now or formerly of Maid-
8 man South 28° 34' 00" West 105.08 feet, South 32° 18' 00", East 12.15
9 feet, and South 35° 55' 00" West 193.04 feet to lands now or formerly of
10 Traver; running thence along lands now or formerly of Traver North 68°
11 00' 00" West 188.12 feet to the said easterly side of Albany Post Road,
12 the point or place of beginning.
13 EXCEPTING AND RESERVING THEREFROM:
14 ALL that piece or parcel of property hereinafter designated as Parcel
15 No. 72, being a portion of Section 6063-02, Parcel 987506, as shown on
16 the Official Tax Map, situate in the Town of Hyde Park, County of Dutch-
17 ess, State of New York as shown on the accompanying map and described as
18 follows:
19 PARCEL NO. 72
20 BEGINNING at a point on the southeasterly boundary of the existing
21 West Dorsey Lane at the intersection of the said boundary with the divi-
22 sion line between the property of Herbert Redl (reputed owner) on the
23 west and the property of Michael Firneiss and Margaretha Firneiss
24 (reputed owner) on the east, said point being 160+ feet distant easter-
25 ly, measured at right angles, from station H2654-74+ of the hereinafter
26 described survey baseline for the reconstruction of the Poughkeepsie-
27 Hyde Park State Highway No. 453; thence southerly along said division
28 line 59+ feet to a point 168+ feet distant easterly, measured at right
29 angles, from station H265+16+ of said baseline; thence through the prop-
30 erty of Herbert Redl (reputed owner) the following two (2) courses and
31 distances: (1) South 74° 03'-27" West 68+ feet to a point 101.00 feet
32 distant easterly, measured at right angles, from station H265+08.00 of
33 said baseline; and (2) North 30° 39' 40" West, 32+ feet to a point on
34 the southerly boundary of said existing West Dorsey Lane, the last
35 mentioned point being 86± feet distant easterly, measured at right
36 angles, from station H265+37+ of said baseline; thence northeasterly
37 along the last mentioned boundary of said existing West Dorsey Lane, 83+
38 feet to the point of beginning; being 3,327 square feet or 0.076 acre
39 more or less.
40 The above mentioned survey baseline is a portion of the 1988 survey
41 baseline for the reconstruction of the Poughkeepsie-Hyde Park, State
42 Highway No. 453 as shown on a map and plan on file in the office of the
43 State Department of Transportation and described as follows:
44 BEGINNING at a station H258+36.14; thence North 09° 19'45" West to
45 station H267+62.73.
46 ALL bearings referred to TRUE NORTH at the 74' - 20' MERIDIAN OF WEST
47 LONGITUDE.
48 SUBJECT to utility company agreements, easements, covenants, condi-
49 tions and restrictions of record.
50 SUBJECT to the following restrictions, to run with the land in perpe-
51 tuity and be enforceable at law or in equity by the party of the first
52 part, its successors and assigns:
53 (i) the premises may not be used, in whole or in part, for any form of
54 live entertainment including, but not limited to, bands or DJ's, at any
55 time; provided however, this restriction shall automatically terminate
56 five (5) years from the date of this deed; and
S. 8989--A 3
1 (ii) if the premises are used to serve any form of alcoholic beverage,
2 the premises must be closed for business no later than 11:59 o'clock
3 p.m. every day; provided, however, this restriction shall automatically
4 terminate five (5) years from the date of this deed.
5 The party of the second part waives and releases any claim that said
6 restrictions are unenforceable for any reason, including the allegation
7 that such restrictions constitute a restraint upon alienation, are an
8 unreasonable restriction or restraint on business or economic develop-
9 ment, are a violation of any law, regulation or right, or that they are
10 not for the benefit of adjoining lands, or are not part of a common
11 scheme or plan, it being clearly understood and expressly agreed by the
12 parties that these restrictions are for the benefit of the party of the
13 first part's other businesses and properties, for the term set forth
14 above both now and hereafter, and that the lack of such restrictions
15 will damage and harm the grantor, its successors and assigns. Without
16 all of these restrictions, the party of the first part would not sell
17 the premises to the party of the second part. In any proceeding to
18 enforce said restrictions or prevent the violation thereof, the party of
19 the first part shall be entitled to judgment for its costs and reason-
20 able attorney's fees.
21 The parties execute this deed to acknowledge the preceding
22 restrictions.
23 The premises are not in an agricultural district and are entirely
24 owned by the transferor.
25 This conveyance was unanimously approved by the board of directors of
26 the grantor corporation and all of its shareholders. This statement is
27 made pursuant to Section 909 of the Business Corporation Law.
28 SCHEDULE B
29 ALL that plot, piece or parcel of land situate and being in the Town
30 of Hyde Park, County of Dutchess and State of New York, bounded and
31 described as follows:
32 BEGINNING at a point on the westerly boundary of US Route 9, (AKA
33 Albany Post Road), said point being the southeasterly corner of the
34 herein described parcel and said point being the northeasterly corner of
35 the lands now or formerly of St Andrews Chapel; thence along the divi-
36 sion line between the herein described parcel and said lands now or
37 formerly of St Andrews Chapel; N 75°47'50" W 14.13 feet, N 88°00'00" W
38 19.26 feet, S 89°03'40" W 71.81 feet, N 85°27'10" W 26.53 feet, N
39 78°46'10" W 19.94 feet, N 67°29'50" W 16.69 feet, N 59°35'20" W 19.23
40 feet, N 38°17'40" W 23.84 feet, N 24°05'30" W 19.00 feet, N 09°55'10" W
41 37.76 feet, N 14°28'00" W 46.56 feet, N 27°34'30" W 37.18 feet, N
42 41°31'30" W 33.65 feet, N 49°50'10" W 23.03 feet, N 53°39'00" W 32.91
43 feet, S 14°48'10" W 3.06 feet, S 44°29'40" W 7.00 feet, S 44°31'13" W
44 59.42 feet, S 49°07'20" 18.46 feet, S 71°48'50" W 21.08 feet, N
45 79°41'00" W 22.25 feet and 12°45'40" W 164.91 feet to a point on the
46 northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds
47 at page 118; thence along the division line between the herein described
48 parcel and said lands now or formerly of Hoe, N 77°14'20" W 144.93 feet,
49 N 78°11'10" W 166.93 feet, N 77°46'10" W 113.88 feet, N 75°19'10° W
50 99.31 feet and N 76°27'50" W 255.82 feet to a point on the easterly
51 bounds of the lands now or formerly of New York Central Lines LLC as
52 described in deed document # 02-1999-5513; thence along the division
53 line between the herein described parcel and said lands now or formerly
54 of New York Central Lines LLC, N 07°10'10" E 386.40 feet, S 81°18'10" E
S. 8989--A 4
1 12.00 feet, N 08°41'50" E 600.00 feet, N 12°59'10" E 200.56 feet and N
2 08°41'50" E 151.13 feet to the point of curvature of a non-tangent curve
3 to the right having a radius of 3010.00 feet; thence northeasterly along
4 said curve an arc length of 240.05 feet, having a chord bearing N
5 10°57'40" E 239.98 feet to a point; thence N 76°46'30" W 10.00 feet, N
6 13°13'30" E 499.68 feet and N 02°20'30" E 132.97 feet to the point of
7 curvature of a non-tangent curve to the left having a radius of 4077.00
8 feet; thence northeasterly along said curve an arc length of 249.92
9 feet, having a chord bearing N 11°02'44" E 249.88 feet to a point;
10 thence N 25°43'50" E 134.21 feet, N 07°55'30" E 257.99 feet, N 07°21'10"
11 W 285.52 feet, N 02°27'50" E 482.00 feet, N 47°10'10" W 26.25 feet, N
12 02°27'50" E 466.37 feet and N 87°32'10" W 20.00 feet to the point of
13 curvature of a non-tangent curve to the left having a radius of 3165.00
14 feet; thence northwesterly along said curve an arc length of 293.54
15 feet, having a chord bearing N 00°11'31" W 293.43 feet to a point;
16 thence N 01°22'30" E 110.01 feet to the point of curvature of a non-tan-
17 gent curve to the left having a radius of 3175.00 feet; thence northwes-
18 terly along said curve an arc length of 141.96 feet, having a chord
19 bearing N 06°06'27" W 141.95 feet to a point; thence along the division
20 line between the herein described parcel and the lands now or formerly
21 of the United States of America as described in deed document 402-2002-
22 4850 and designated as Lot 1 as shown on Filed Map #10481, S 36°25'00" E
23 87.53 feet, S 57°59'40" E 52.51 feet, S 77°19'10" E 166.22 feet, S
24 77°55'50" E 100.43 feet, S 77°40'40" E 107.11 feet, N 35°39'40" E 233.03
25 feet, N 36°54'30" E 105.52 feet, N 69°23'50" E 179.67 feet, N 35°19'50"
26 E 60.26 feet, N 60°24'40" E 155.25 feet, N 08°43'28" E 923.94 feet, S
27 77°31'22" E 34.05 feet, N 28°59'38" E 583.86 feet and S 77°26'02" E
28 436.02 feet to a point; thence along the division line between the here-
29 in described parcel and the lands now or formerly of Gardner and Donna
30 Van Valkenburg as described in deed document #02-2001-10201 and also
31 along the lands now or formerly of Edwin D. Beck as described in Liber
32 1697 of deeds at page 301, S 14°34'48" W 95.96 feet, N 75°25'12" W 10.00
33 feet, S 14°34'48" W 125.00 feet, S 75°25'12" E 10.00 feet, S 14°34'48" W
34 325.00 feet and S 75°25'12" E 203.05 feet to a point on the westerly
35 bounds of U.S. Route 9; thence along the westerly bounds of U.S. Route
36 9, S 14°12'43" W 366.41 feet, N 75°47'17" W 3.21 feet, S 16°51'36" W
37 357.10 feet, S 16°51'37" W 264.56 feet, S 17°21'41" W 200.79 feet, S
38 06°47'36" W 236.91 feet, S 03°54'03" E 113.84 feet, S 11°33'18" W 168.19
39 feet, S 11°33'18" W 144.66 feet, S 24°42'50" W 210.43 feet, S 14°35'17"
40 W 42.95 feet, S 15°01'19" W 27.66 feet, S 11°16'33" E. 114.76 feet, S
41 11°22'40" W 1485.99 feet, S 02°37'22" W 92.32 feet, S 07°24'10" W 114.00
42 feet, S 11°34'59" W 200.60 feet, S 06°37'42" W 438.02 feet, S 09°11'00"
43 W 460.65 feet, S 13°21'53" W 180.57 feet, S 18°59'07" W 45.72 feet, S
44 21°30'45" W 19.23 feet, S 10°46'21" W 148.66 feet, S 16°10'46" W 157.35
45 feet, S 09°41'50" W 135.29 feet, and S 16°37'07" W 229.64 feet to the
46 point or place of beginning.
47 CONTAINING 171.33 ACRES OF LAND MORE OR LESS.
48 EXCEPTING and reserving all that plot, piece or parcel of land situate
49 and being in the Town of Hyde Park, County of Dutchess and State of New
50 York, known as St. Andrews Cemetery, bounded and described as follows:
51 BEGINNING at the southeasterly corner of the herein described parcel,
52 said point being located N 12°20'30" E 32.21 feet from the southwesterly
53 corner of the lands of the Culinary Institute of America as described in
54 Liber 1666 of deeds at page 607, thence along the division line between
55 the herein described parcel and said lands of the Culinary Institute of
56 America, N 77°39'30" W 331.51 feet, N 12°20'30" E 373.20 feet, S
S. 8989--A 5
1 77°39'30" E 331.51 feet and S 12°20'30" W 373.20 feet to the point or
2 place of beginning.
3 CONTAINING 2.84 ACRES OF LAND MORE OR LESS.
4 § 2. Subdivision 1 of section 101 of the alcoholic beverage control
5 law is amended by adding a new paragraph (f) to read as follows:
6 (f) The prohibitions and restrictions contained in paragraphs (b), (c)
7 and (d) of this subdivision shall not apply to any contractual or other
8 financial arrangements undertaken by the Culinary Institute of America
9 for the education purposes of such institute, including student scholar-
10 ships, academic building sponsorships, and Culinary Institute of America
11 event sponsorships that further the academic mission of the Culinary
12 Institute of America, where such contractual or other financial arrange-
13 ments are between a licensed manufacturer, wholesaler, or retailer for
14 on-premises consumption, and the Culinary Institute of America, operat-
15 ing within the metes and bounds established by subparagraph (xiv) of
16 paragraph (a) of this subdivision.
17 § 3. Subdivision 7 of section 101 of the alcoholic beverage control
18 law is REPEALED.
19 § 4. This act shall take effect immediately.
