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A08184 Summary:

BILL NOA08184
 
SAME ASSAME AS S07711
 
SPONSORPalmesano
 
COSPNSR
 
MLTSPNSR
 
Amd §64, ABC L
 
Relates to an exemption from the prohibition of alcohol sales within a certain distance from a church, for a certain property located in the village of Hammondsport, county of Steuben.
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A08184 Actions:

BILL NOA08184
 
05/05/2025referred to economic development
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A08184 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8184
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
          Committee on Economic Development
 
        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 from 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-17)  to  read  as
     3  follows:
     4    (e-17)  Notwithstanding the provisions of paragraph (a) of this subdi-
     5  vision, the  authority  may  issue  a  retail  license  for  on-premises
     6  consumption  for  a  premises  which shall be located within two hundred
     7  feet of a building occupied exclusively as a school,  church,  synagogue
     8  or other place of worship, provided such premises constitutes a premises
     9  for the sale of food or beverages at retail for consumption on the prem-
    10  ises  located  wholly  within the boundaries of the village of Hammonds-
    11  port, county of Steuben, bounded and described as follows:
    12    ALL THAT TRACT OR PARCEL OF LAND situated in the Village of  Hammonds-
    13  port,  County  of  Steuben,  and  State  of  New York, being bounded and
    14  described as follows: commencing at a point on the centerline of Shethar
    15  Street, said point also being the  northwest  corner  of  lands  now  or
    16  formerly of Jensen and Clark (L 1058/ P 806), thence along lands of said
    17  Jensen  and  Clark  S  04°32'09"  W a distance of 98.55 feet to a point;
    18  thence further along said Jensen and Clark S 10°45'51" W a  distance  of
    19  26.25  feet  to  a  point;  thence further along said Jensen and Clark S
    20  14°11'46" W a distance of 19.72 feet; thence further along  said  Jensen
    21  and Clark S 09°16'39" W a distance of 34.64 feet to a 5/8" rebar; thence
    22  along  lands now or formerly of Pennise (L 1137/ P 246 & L 1137/ P 248),
    23  N 83°21'00" W a distance of 22.94 feet to a  5/8"  rebar;  thence  along
    24  lands  now  or  formerly  of Warner (L 998/ P 1000), the following eight
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11862-01-5

        A. 8184                             2
 
     1  courses and distances for the west line of the ground floor of the prem-
     2  ises:
     3    1. N 05°03'14" E a distance of 53.23 feet to a point; thence
     4    2. N 06°23'07" E a distance of 26.30 feet to a point; thence
     5    3. S 84°53'38" E a distance of 8.00 feet to a point; thence
     6    4. N 04°39'53" E a distance of 9.75 feet to a point; thence
     7    5. N 85°20'07" W a distance of 4.00 feet to a point; thence
     8    6. N 04°39'53" E a distance of 11.00 feet to a point; thence
     9    7. S 85°20'07" E a distance of 4.00 feet to a point; thence
    10    8.  N  04°14'32"  E a distance of 76.20 feet to a point located on the
    11  centerline of Shethar Street and, commencing at the same  point  as  the
    12  course  number  one  (No. 1) hereinabove, the following five courses and
    13  distances for the west line of the second floor of the premises:
    14    1. N 05°03'14" E a distance of 53.23 feet to a point; thence
    15    2. N 06°23'07" E a distance of 26.30 feet to a point; thence
    16    3. S 84°53'38" E a distance of 8.00 feet to a point; thence
    17    4. N 04°39'53" E a distance of 20.75 feet to a point; thence
    18    5. N 04°14'32" E a distance of 76.20 feet to a point  located  on  the
    19  centerline of Shethar Street, said point being the same centerline point
    20  referred to in course number eight (No. 8) hereinabove; thence along the
    21  centerline  of  Shethar Street S 88°52'51" E a distance of 23.00 feet to
    22  the point and place of beginning. Containing an area of 0.100 acres.
    23    ALL AS MORE FULLY SHOWN on a survey map entitled "Plan of Lands to  be
    24  Conveyed  to 41 Shethar Street, LLC", prepared by Gilbert Land Surveying
    25  Services, Job No. GLS-707, dated February 4, 2010, said map to be  filed
    26  in the Steuben County Clerk's Office contemporaneously herewith.
    27    Together  with  an  easement  for the use and maintenance of the water
    28  pipe or the water main under Shethar Street through the  north  wall  of
    29  the  premises,  immediately adjoining on the west of the premises hereby
    30  conveyed, and the connection which then runs  through  the  west  cellar
    31  wall  of  the  premises  hereby  conveyed.  There is also an easement in
    32  connection with the use of soil pipe from toilets across the basement of
    33  the building immediately adjoining on the west of  the  above  described
    34  premises and running to a cesspool. Together with the easement and right
    35  to  enter  upon  the  premises  immediately adjoining on the west of the
    36  above described premises for the purpose of inspecting,  repairing,  and
    37  maintaining  adequate water supply from said water main and to the prem-
    38  ises hereby conveyed, and also to repair and maintain the soil  pipe  in
    39  the  event  the adjoining owners fail to do so. The wall now situated on
    40  the west side of the premises  hereby  conveyed  which  runs  north  and
    41  south,  is  a  party  wall, and the maintenance shall be done equally by
    42  each adjoining owner. The roof on the entire structure also  is  consid-
    43  ered  as  a  party  roof  as to that portion which covers the party wall
    44  aforesaid.
    45    Together with the stairway easement for ingress and egress by means of
    46  the stairway in the easterly  side  of  the  said  premises  immediately
    47  adjoining on the west of the premises hereby conveyed.
    48    Together  with  the  right  of way and the right to travel on foot and
    49  with teams and vehicles over the alleyway and 12 feet of  the  right  of
    50  way  leading  from  Shethar  Street  and along the west side of the Town
    51  Hall, and former Fire House and then easterly  along  the  rear  of  the
    52  buildings to the east line of the premises hereby conveyed.
    53    TOGETHER  WITH AND SUBJECT TO the rights of the public in and to lands
    54  within any public street, any and all easements,  oil  and  gas  leases,
    55  restrictions  and right(s) of way of record, as the same may affect said
    56  premises.

        A. 8184                             3
 
     1    BEING THE SAME PREMISES conveyed to  the  STEVENS  LIVING  TRUST  from
     2  James  H. Stevens by Deed dated June 9, 2000 and recorded in the Steuben
     3  County Clerk's Office on June 12, 2000 in Liber 1662 of  Deeds  at  Page
     4  176.
     5    § 2. This act shall take effect immediately.
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