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S06781 Summary:

BILL NOS06781A
 
SAME ASSAME AS A07936-A
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Amd §106, ABC L
 
Relates to a license to sell liquor at retail for consumption on certain premises; provides an exemption on restrictions for certain manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
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S06781 Actions:

BILL NOS06781A
 
05/17/2021REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/03/2021AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/03/2021PRINT NUMBER 6781A
06/07/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/07/2021ORDERED TO THIRD READING CAL.1573
06/08/2021PASSED SENATE
06/08/2021DELIVERED TO ASSEMBLY
06/08/2021referred to ways and means
06/09/2021substituted for a7936a
06/09/2021ordered to third reading rules cal.637
06/09/2021passed assembly
06/09/2021returned to senate
07/12/2021DELIVERED TO GOVERNOR
07/16/2021SIGNED CHAP.299
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S06781 Memo:

Memo not available
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S06781 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6781--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2021
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- 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
 
        AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
          license to sell liquor at retail for consumption on certain  premises;
          and providing for the repeal of certain provisions upon the expiration
          thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (xvi) of paragraph (a) of  subdivision  13  of
     2  section  106  of the alcoholic beverage control law, as added by chapter
     3  218 of the laws of 2020, is amended and a  new  subparagraph  (xvii)  is
     4  added to read as follows:
     5    (xvi)  where  such  licensed  wholesaler  or  manufacturer also has an
     6  interest in any such premises or  business  constituting  the  overnight
     7  lodging and resort facility located wholly within the boundaries of that
     8  tract  or  parcel  of land situate in the city of Canandaigua, county of
     9  Ontario, beginning at a point in the northerly line of village lot  nine
    10  where  it  meets with South Main Street, thence south sixty-nine degrees
    11  fifty-four minutes west a distance of nine hundred sixteen  and  twenty-
    12  three  hundredths  feet  to  an  iron  pin;  thence in the same course a
    13  distance of fourteen feet to an iron pin; thence in the  same  course  a
    14  distance  of  fourteen  and  four-tenths  feet  to a point; thence south
    15  fifteen degrees thirty-eight minutes and forty seconds east  a  distance
    16  of  four  hundred forty-six and eighty-seven hundredths feet to a point;
    17  thence south twenty-eight degrees thirty-seven minutes and fifty seconds
    18  east a distance of one hundred thirteen and eighty-four hundredths  feet
    19  to  a  point;  thence  south eighty-five degrees and forty-seven minutes
    20  east a distance of forty-seven and sixty-one hundredths feet to an  iron
    21  pin;  thence  on  the same course a distance of three hundred and sixty-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06117-03-1

        S. 6781--A                          2
 
     1  five feet to an iron pin;  thence  north  seventeen  degrees  twenty-one
     2  minutes  and ten seconds east a distance of four hundred fifty-seven and
     3  thirty-two hundredths feet to an iron pin; thence north nineteen degrees
     4  and  thirty  minutes west a distance of two hundred and forty-eight feet
     5  to a point; thence north sixty-nine degrees and fifty-four minutes  east
     6  a  distance of two hundred eighty-four and twenty-six hundredths feet to
     7  a point; thence  north  nineteen  degrees  and  thirty  minutes  west  a
     8  distance  of  sixty  feet  to the point and place of beginning, provided
     9  that such facility maintains not less than seventy-five rooms and suites
    10  for overnight lodging[.]; or
    11    (xvii) Parcel A
    12    All that certain plot, piece or parcel of  land,  situate,  lying  and
    13  being  in  the borough of Manhattan, city, county and state of New York,
    14  bounded and described as follows:
    15    Beginning at a point formed by the intersection of the northerly  side
    16  of  Wall  Street  and  the easterly side of Pearl Street; running thence
    17  northerly along the easterly side of  Pearl  Street,  76  feet  1  inch;
    18  thence  easterly  on  a line forming an angle on its northerly side with
    19  the easterly side of Pearl Street of 85° 33' 30", a distance of 43  feet
    20  1  inch; thence southerly on a line which forms an angle on its westerly
    21  side with said last mentioned course of 90° 22', a distance of  1  foot;
    22  thence  easterly  on  a  line which forms an angle on its southerly side
    23  with said last mentioned course of 89° 24', a  distance  of  18  feet  3
    24  inches, more or less, to a point where it is intersected by a line drawn
    25  along  the westerly side of the one-story brick extension at the rear of
    26  the premises No. 122 Water Street; thence southerly on a line  which  on
    27  its  westerly  side  forms an angle of 86° 43' with the preceding course
    28  and along said one-story brick extension, 17 feet 3 inches to the corner
    29  of said one-story brick building; thence easterly on a line which on its
    30  northerly side forms an angle of 91° 40' with the  preceding  course,  6
    31  feet  8 1/2 inches to premises now known as No. 120 Water Street; thence
    32  southerly along a line which on its westerly side forms an angle of  91°
    33  40'  with  the preceding course, 10 feet 9 inches to the premises now or
    34  late of Tontine Company; thence westerly along said premises on  a  line
    35  which on its northerly side forms an angle of 88° 20' with the preceding
    36  course,  20  feet;  thence southerly and still along land now or late of
    37  Tontine Company on a line which on its easterly side forms an  angle  of
    38  89°  09'  with  the  preceding course, 53 feet 5 inches to the northerly
    39  side of Wall Street; and thence westerly along  the  northerly  side  of
    40  Wall  Street on a line which on its northerly side forms an angle of 88°
    41  08' with the preceding course, 48 feet 11 1/2  inches  to  the  easterly
    42  side of Pearl Street at the point or place of beginning.
    43    Parcel B:
    44    All  that  certain  plot,  piece or parcel of land, situate, lying and
    45  being in the borough of Manhattan, city, county and state of  New  York,
    46  bounded and described as follows:
    47    Beginning  at  the  corner formed by the intersection of the northerly
    48  side of Wall Street with the westerly  side  of  Water  Street;  running
    49  thence  northerly,  along the westerly side of Water Street, about fifty
    50  feet nine inches to the premises Number One  Hundred  and  Twenty  Water
    51  Street; thence westerly, along the southerly side of premises Number One
    52  Hundred  and  Twenty Water Street, about eighty feet seven inches to the
    53  easterly side of premises Number Eighty-Two Wall Street, thence norther-
    54  ly, along the easterly side of premises Number Eighty-Two  Wall  Street,
    55  to  a  point where it is intersected by a line drawn along the northerly
    56  face of the northerly wall of the four-story and basement brick building

        S. 6781--A                          3
 
     1  formerly erected thereon; thence westerly, along the northerly  side  of
     2  said  northerly  wall,  about  twenty  feet to the westerly side of said
     3  premises Number Eighty-Two Wall  Street;  thence  southerly,  along  the
     4  westerly  side  of  said  premises  Number Eighty-Two Wall Street, about
     5  fifty-three feet six inches to the northerly side of  Wall  Street;  and
     6  thence easterly along the northerly side of Wall Street, to the point or
     7  place of beginning.
     8    Provided,  however, that with respect to such retail licensee's inter-
     9  est in a business engaged in the manufacture or  sale  at  wholesale  of
    10  alcoholic  beverages  described  in  subdivision  one-a  of  section one
    11  hundred one of this article: (i) such interest must have  been  acquired
    12  prior  to  the effective date of the chapter of the laws of two thousand
    13  twenty-one which added this subparagraph; (ii) such retail licensee  may
    14  not  purchase alcoholic beverages directly from any such manufacturer or
    15  wholesaler; and (iii) no more than fifteen percent of the annual  dollar
    16  value  of alcoholic beverages purchased by such retail licensee for sale
    17  on the premises may be produced by any such manufacturer.
    18    § 2. This act shall take effect immediately; provided,  however,  that
    19  upon the sale or transfer of the parcels detailed in subparagraph (xvii)
    20  of  paragraph  (a)  of  subdivision  13  of section 106 of the alcoholic
    21  beverage control law, such  subparagraph  shall  expire  and  be  deemed
    22  repealed  unless  the licensee immediately obtains a leasehold upon such
    23  sale or transfer of such parcel as part of the sale or transfer. If  the
    24  licensee  obtains  such a leasehold, the subparagraph pertaining to such
    25  parcel shall expire and be deemed repealed upon the end  or  termination
    26  of  such  lease. The state liquor authority shall notify the legislative
    27  bill drafting commission upon notification by the licensee of the  sale,
    28  transfer  or  termination of the leasehold, or non-renewal of the lease-
    29  hold of the parcel detailed in subparagraph (xvii) of paragraph  (a)  of
    30  subdivision  13  of section 106 of the alcoholic beverage control law in
    31  order that the commission may maintain an accurate and timely  effective
    32  data  base  of the official text of the laws of the state of New York in
    33  furtherance of effectuating the provisions of section 44 of the legisla-
    34  tive law and section 70-b of the public officers law.
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