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S04999 Summary:

S04999 Actions:

S04999 Committee Votes:

S04999 Floor Votes:

S04999 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4999--B
            Cal. No. 868
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2023
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee, ordered to first report, amended on first report,  ordered  to  a
          second  report and ordered reprinted, retaining its place in the order
          of second report
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          exempting  certain parcels of land from licensing restrictions prohib-
          iting manufacturers, wholesalers and retailers of alcoholic  beverages
          from sharing an interest in a licensed premises
 
          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
     3  (xviii) to read as follows:
     4    (xviii) All that certain lot, piece or parcel of land, with the build-
     5  ings and improvements thereon erected, situate, lying and being  on  the
     6  northerly side of Seneca Street in the city of Geneva, county of Ontario
     7  and  state  of  New  York,  more  particularly  bounded and described as
     8  follows:
     9    PARCEL 1
    10  BEGINNING at a point in the northerly line of  said  Seneca  street  and
    11  distant  one  hundred  eighteen  and  five-tenths (118.5) feet westerly,
    12  measured along said northerly line of Seneca Street, from  the  westerly
    13  line  of  Linden Street, as at present monumented by the city of Geneva;
    14  thence running (1) northerly at an angle in the  northwest  quadrant  of
    15  ninety  (90)  degrees,  sixteen  (16) minutes with the northerly line of
    16  Seneca Street a distance  of  one  hundred  ninety-two  and  five-tenths
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08002-07-4
        S. 4999--B                          2
 
     1  (192.5)  feet,  more  or  less,  to a point in the old line fence, which
     2  point is the northeasterly corner of the premises;  thence  running  (2)
     3  westerly along said old line fence at an angle in the northwest quadrant
     4  of  eighty-five (85) degrees, fifty-two (52) minutes with the line fence
     5  herein described a distance of seventy-eight and two-tenths (78.2)  feet
     6  to  a  point;  thence running (3) northerly at an angle in the northeast
     7  quadrant of ninety-four (94) degrees, four (4)  minutes  with  the  last
     8  described  course  and along a jog in said fence a distance of three and
     9  five-tenths (3.5) feet, more or less, to a  point;  thence  running  (4)
    10  westerly  and  continuing along said old fence line a distance of eleven
    11  and five-tenths (11.5) feet, more or less, to a point,  which  point  is
    12  the northwest corner of the premises, and running thence (5) in a south-
    13  erly  direction  a distance of two hundred two (202) feet, more or less,
    14  to the northerly line of said Seneca Street, as  now  monumented,  which
    15  point  is  the  southwest corner of the premises, and running thence (6)
    16  along the northerly line of said Seneca Street a distance of eighty-nine
    17  and seven-tenths (89.7) feet to the point or place of beginning.
    18  PARCEL 2
    19  All that certain lot, piece or parcel of land situate  in  the  city  of
    20  Geneva,  County  of  Ontario  and  state  of New York, more particularly
    21  bounded and described as follows:
    22  Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,
    23  said point being one foot south of the south wall of  the  present  barn
    24  now  on  said  land, and running thence southerly about twenty-nine (29)
    25  feet, more or less, to the north line of the lands of  the  S-G  Theatre
    26  Corporation; thence westerly along the north line of the land of the S-G
    27  Corporation  thirty-three  (33)  feet  to  a point; thence northerly and
    28  parallel with the first course hereof and along the westerly line of the
    29  lands of Agnes Dempsey Doxsee to a point; which point if measured  in  a
    30  straight  line  east  and  west would be one (1) foot south of the south
    31  line of the present barn; thence easterly thirty-three (33) feet to  the
    32  place of beginning.
    33  Being  the  same premises shown on a map of a survey prepared by William
    34  J.  Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C)  filed  in
    35  the Ontario County Clerk's office.
    36    §  2.  Paragraph (a) of subdivision 13 of section 106 of the alcoholic
    37  beverage control law is amended by adding a new subparagraph (xxiii)  to
    38  read as follows:
    39    (xxiii)  ALL  THAT  TRACT  OR  PARCEL  OF LAND, with the buildings and
    40  improvements thereon erected, situate, lying and being  on  County  Road
    41  153 in Military Lot 14 & 23 in the Town of Ovid, County of Seneca, State
    42  of New York bounded and described as follows:
    43    BEGINNING  at  a point in the assumed centerline of County Road 153 at
    44  the apparent center of the bridge over Sheldrake Creek, said point  also
    45  being  southerly  a  distance of 292 feet more or less from the apparent
    46  intersection of said centerline with the assumed centerline of Sheldrake
    47  Road; thence leaving the point of beginning South 18° 21' 25" East along
    48  the assumed centerline of County Road 153 a distance of 260.70 feet to a
    49  point; thence South 19° 47' 57" East along said centerline a distance of
    50  107.76 feet to a point; thence South 21° 16' 18" East along said center-
    51  line a distance of 182.94 feet to a point; thence North 73° 21' 51" East
    52  along lands reputedly of Atwood (lib. 385, page 398) passing through  an
    53  iron  pipe  17.91  feet  distant, and continuing further along that same
    54  course a distance of 80.43 feet farther, the total distance being  98.34
    55  feet  to  an  iron  pipe in concrete at or near the shore line of Cayuga
    56  Lake;  thence  in  a  southerly  direction  the  following  courses  and
        S. 4999--B                          3

     1  distances  along  tie  lines  at  or near the shore line of Cayuga Lake:
     2  South 03° 51' 47" West a distance of 91.67 feet to a point; thence South
     3  09° 41' 08" East a distance of 60.89 feet to a point; thence  South  25°
     4  12'  40"  East a distance of 86.20 feet to an iron pin; thence South 68°
     5  29' 53" West along lands reputedly of Boyle (lib. 397, page 1128)  pass-
     6  ing through an iron pin 35.00 feet distant, and continuing further along
     7  that  same  course  passing through another iron pin 40.00 feet farther,
     8  and continuing still further along that same course a distance of 149.00
     9  feet farther, the total distance being  224.00  feet  to  an  iron  pin;
    10  thence South 17° 34' 07" East along said lands of Boyle, passing through
    11  a  concrete  post 170.00 feet distant, and continuing further along that
    12  same course along lands reputedly of Riemenschneider (lib. 449, page 61)
    13  a distance of 159.70 feet farther, the total distance being 329.70  feet
    14  to  an  iron pin; thence South 75° 00' 23" West along lands reputedly of
    15  Diamond-Carey (lib. 430, page 271) a distance of 250.00 feet to an  iron
    16  pin;  thence  South 62° 21' 07" West along said lands of Diamond-Carey a
    17  distance of 168.29 feet to an iron pipe 2 feet east of a 12 inch hickory
    18  tree; thence South 01° 32' 47" West along said lands of Diamond-Carey  a
    19  distance  of  377.63  feet to an iron pin; thence North 72° 01' 46" East
    20  along said lands of Diamond-Carey a distance of 17.49 feet  to  an  iron
    21  pin;  thence  South 13° 10' 51" East along lands reputedly of Poes (lib.
    22  533, page 327) a distance of 174.57 feet to an iron  pin;  thence  South
    23  61°  15'  35" West along lands reputedly of Diamond, Helfman & Day (lib.
    24  482, page 354) a distance of 44.90 feet to an iron  pipe;  thence  South
    25  23°  58'  18"  East  along said lands of Diamond, Helfman & Day and also
    26  along lands reputedly of Day (lib. 317, page 341) a distance  of  197.28
    27  feet  to an axle; thence South 03° 33' 43" East along lands reputedly of
    28  Dusinbere (lib. 510, page 151) a distance of 76.42 feet to an iron pipe;
    29  thence South 04° 24' 03" East along said  lands  of  Dusinbere,  passing
    30  through  an  iron pipe 102.31 feet distant, and continuing further along
    31  that same course along lands reputedly of Frantz (lib. 432, page  69)  a
    32  distance of 238.42 feet farther, the total distance being 340.73 feet to
    33  an  iron  pin;  thence  South  05° 1 T 20" East along lands reputedly of
    34  Holman (lib. 331, page 398) a distance of 199.65 feet to an  iron  pipe;
    35  thence North 85° 47' 17" West along lands reputedly of Travis (lib. 413,
    36  page  61) a distance of 60.22 feet to an iron pipe; thence South 49° 37'
    37  13" West along said lands of Travis a distance of 136.80 feet to an iron
    38  pipe; thence South 52° 29'  03"  West  along  said  lands  of  Travis  a
    39  distance  of 201.20 feet to a point; thence South 67° 02' 08" West along
    40  said lands of Travis a distance of 203.75 feet to an  iron  pin;  thence
    41  South  05°  58' 13" West a distance of 25.95 feet to a point in a double
    42  basswood stump; thence North 84° 57' 23" West along lands  reputedly  of
    43  Travis  (Lib.   413, page 61) a distance of 643.08 feet to an iron pipe;
    44  thence North 85° 19' 03" West along  lands  reputedly  of  George  (lib.
    45  501,  page  283) a distance of 2953.18 feet to an iron pin; thence North
    46  85° 01' 43" West a distance of 260.88 feet to an iron  pin;  thence  the
    47  following  courses  and  distances along tie lines being along the south
    48  bank of Sheldrake Creek: North 04° 58' 17" East a distance of 75.00 feet
    49  to a point; North 53° 32' 03" East a distance of 257.36 feet to a point;
    50  North 49° 46' 21" East a distance of 388.42 feet to a point;  North  70°
    51  07'  21"  East  a  distance of 113.39 feet to a point; North 85° 22' 45"
    52  East a distance of 158.74 feet to a point; South  75°  38'  53"  East  a
    53  distance of 138.69 feet to a point; North 75° 27' 23" East a distance of
    54  123.03 feet to a point; North 01° 49' 54" West a distance of 286.17 feet
    55  to a point; North 45° 15' 53" East a distance of 124.41 feet to a point;
    56  South  74°  36' 39" East a distance of 235.69 feet to a point; North 76°
        S. 4999--B                          4
 
     1  37' 59" East a distance of 203.07 feet to a point;  North  44°  08'  15"
     2  East  a  distance  of  225.05  feet to a point; North 32° 19' 26" East a
     3  distance of 175.45 feet to a point; North 87° 20' 19" East a distance of
     4  266.75 feet to a point; North 50° 26' 38" East a distance of 286.68 feet
     5  to  a  point;  North  69°  39' 24" East a distance of 218. 09 fee t to a
     6  point; North 34° 09' 56" East a distance of  183.80  feet  to  a  point;
     7  North  06°  30' 06" East a distance of 173.73 feet to a point; North 82°
     8  28' 34" East a distance of 318.45 feet to a point;  North  63°  12'  37"
     9  East  a  distance  of  457.87  feet to a point; North 47° 33' 36" East a
    10  distance of 228.07 feet to a point; North 60° 11* 17" East a distance of
    11  263.17 feet to a point; North 71° 05' 04" East a distance of 179.45 feet
    12  to a point; North 81° 35' 05" East a distance of 337.03 feet to a point;
    13  North 76° 08' 39" East a distance of 164.59  feet  to  a  point;  thence
    14  North  21°  30'  07"  West  a  distance  of 56.80 feet to a point in the
    15  assumed centerline of Sheldrake Creek; thence North  64°  26'  00"  East
    16  along said centerline a distance of 140.00 feet to a point; thence North
    17  38°  10'  00"  East along said centerline a distance of 150.00 feet to a
    18  point, said point being the point and place of beginning.  COMPRISING an
    19  area of 155.081 acres of land according to a survey completed by Michael
    20  D. Karlsen on December 20, 1996 entitled "Plan of Land to be Conveyed by
    21  Seymour Diamond" known as job number 96-572-2 and a survey completed  by
    22  Michael  D.  Karlsen on December 9, 1996 entitled "Plan Showing Easterly
    23  Lines of Seymour Diamond" known as job number 96-572-1.  Said  maps  are
    24  filed  in  the  Seneca County Clerk's Office in Map book 97 pages 38 and
    25  39.
    26    Also quit claiming all right, title and interest in and  to  the  land
    27  lying  between  the  centerline of Sheldrake Creek and the south bank of
    28  said Sheldrake Creek.
    29    SUBJECT TO a right of way conveyed to New York State Electric and  Gas
    30  Corporation by instrument dated June 14, 1945 and recorded in the Seneca
    31  County Clerk's Office in Liber 186 of Deeds at Page 454.
    32    SUBJECT TO the rights of the public in and to County Road 153.
    33    SUBJECT  TO  a  permanent right of way and easement for ingress to and
    34  egress from the spring on the premises herein conveyed across the  prem-
    35  ises  herein  conveyed  to the premised herein excepted and reserved for
    36  purposes of the installation, maintenance and repair  of  a  water  pipe
    37  line  running  from  the  said  spring to the said premises excepted and
    38  reserved which said pipe line shall be used for  purposes  of  supplying
    39  water  from  said  spring  to said reserved premises for residential and
    40  allied uses (Liber 397, page 1128).
    41    SUBJECT TO the right to use water from a certain  spring  situated  on
    42  the  premises herein conveyed, said water from said spring to be used to
    43  supply the dwelling house identified in Liber 449 of Deeds  at  Page  61
    44  only  and  said  water  to be piped to the said house as the same is now
    45  piped and no larger pipes to be installed at any time,  for  such  water
    46  supply,  together with the right to go upon the premises herein conveyed
    47  for the purpose of repairing and renewing said pipes.
    48    TOGETHER with all of the right, title and interest of the  grantor  in
    49  and  to any lands or waters that may lie between high and low water mark
    50  of Cayuga Lake and immediately to the east of the above described  prem-
    51  ises  and  between the north and south line of said premises produced in
    52  an easterly direction; it being understood between  the  parties  hereto
    53  that all the premises conveyed herein which tend to convey any rights in
    54  and  to Cayuga Lake are subject to all lawful rights of the State of New
    55  York and to lawful usage during times of high water.
        S. 4999--B                          5
 
     1    TOGETHER with a 20-foot right of way from Lake Road  over  and  across
     2  premises now or formerly of Dusinbere (510/151), subject to the right of
     3  Dusinbere, their heirs, distributees and assigns, to relocate said right
     4  of way at any time hereafter.
     5    BEING AND INTENDING the same premises which were conveyed to the party
     6  of  the  first  part  herein  by  warrant deed of Seymour Diamond, dated
     7  February 6, 1997 and recorded in the Seneca  County  Clerk's  office  on
     8  February 6, 1997 in Liber 550 of Deeds at page 243.
     9    ALSO  ALL  THAT  TRACT  OR PARCEL OF LAND situate in the Town of Ovid,
    10  Seneca County, New York being a part of Lot No. 23 in said town and more
    11  particularly bounded and described as follows:
    12    BEGINNING at a point in the center line of County Road No.  153,  said
    13  point being located southerly along said center line a distance of 1,080
    14  feet  from  its  intersection  with  the  center line of Sheldrake Road;
    15  thence North 68° 29' 53' East, said course passing through a found on at
    16  14.64 feet a total distance of 49.64 feet to a found  pin  in  the  high
    17  water  mark  of  Cayuga  Lake; thence southeasterly along the high water
    18  line of Cayuga Lake a distance of 174 feet, said course having  a  chord
    19  tie of South 32° 06' 16" East and a chord tie distance of 172.91 feet to
    20  a  point  at  the  high  water mark; thence South 68° 29' 53" West, said
    21  course passing through a found iron bar in the easterly right of way  of
    22  County  Road No. 153 at 53.85 feet and continuing across County Road No.
    23  153 and passing through a found iron bar in the west line of County Road
    24  No.  153 at 103.60 feet a total distance  of  267.50  feet  to  a  found
    25  concrete  monument;  thence  North 13° 34' 07" West a distance of 170.35
    26  feet to a found pin; thence North 68° 29' 53" east, said course  passing
    27  through  a  found  pin  near the west line of County Road No. 153 at 149
    28  feet a total distance of 174.36 feet to the point or place of beginning,
    29  containing 0.77 acre of land, more or less.
    30    The above described premises are as shown on a survey entitled "Survey
    31  Map Showing Lands of Judith Boyle No. 7488 County Road No.  153  -  Mil.
    32  Lot  14  Town  of Ovid, Seneca County, New York" dated April 24, 1998 as
    33  prepared by T.G. Miller P.C., Engineers and Surveyors. Said map is filed
    34  in the Seneca County Clerk's Office in Map book 98 page 159.
    35    BEING the same premises conveyed to the  grantor  herein  by  deed  of
    36  Judith  Boyle  dated June 3, 1998, recorded in the Seneca County Clerk's
    37  Office on June 26, 1998 in Liber 573 of Deeds at Page 37.
    38    This conveyance is made SUBJECT to the following:
    39    1. The rights of the public in and to County Road No. 153.
    40    2. Any and all easements or rights of way of record.
    41    TOGETHER with the appurtenances and all the estate and rights  of  the
    42  party of the first part in and to said premises.
    43    § 3. This act shall take effect immediately.