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.
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.
