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S05049 Summary:

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S05049 Committee Votes:

S05049 Floor Votes:

S05049 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5049
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 29, 2015
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          directing the state liquor authority to issue a farm winery license to
          the  Concord  Grape  Belt  Heritage  Association  Inc. Grape Discovery
          Center
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  101  of  the  alcoholic  beverage control law is
     2  amended by adding a new subdivision 8 to read as follows:
     3    8. (a) Notwithstanding any other provision of law to the contrary, the
     4  state liquor authority shall issue a license under section seventy-six-a
     5  of this chapter to the Concord  Grape  Belt  Heritage  Association  Inc.
     6  Grape Discovery Center ("center") situated at the premises known as: all
     7  that  certain  plot,  piece  or  parcel  of land, with the buildings and
     8  improvements thereon erected, situated, lying and being in the  Town  of
     9  Westfield,  County  of  Chautauqua  and  State of New York being parcels
    10  209.00-2-13 and 209.00-2-14 and being  more  particularly  described  as
    11  follows:
    12                                  PARCEL A
    13    All  that  tract  or parcel of land, situate in the Town of Westfield,
    14  County of Chautauqua and State of New York, being part of Lot 13, Town 4
    15  and Range 14 of the Holland Land Company's Survey  and  further  bounded
    16  and described as follows:
    17    Beginning  at  a  set  "MAG" nail on the south bounds of U.S. Route 20
    18  also know as Main Road, also known as the Buffalo and  Erie  Road,  said
    19  "MAG"  nail  being N 60 degrees 17' 18" E, 264.87 feet as measured along
    20  the south bounds of U.S. Route 20, from the northwest corner of premises
    21  described in deed from David S. Neill to Sam F. Nixon, dated January 30,
    22  1916, and recorded in the Chautauqua County Clerk's Office in Liber  421
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10731-01-5
        S. 5049                             2
 
     1  of  Deeds  at  page  165; thence N 60 degrees 17' 18" E, along the south
     2  bounds of U.S. Route 20, a distance of 195.88 feet to a set  "MAG"  nail
     3  in  asphalt;  thence  N  64  degrees  0' 0" E, and still along the south
     4  bounds  of  U.S.    Route  20, a distance 70 feet to a set "MAG" nail in
     5  asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at
     6  the northwest corner of lands of Joanne W.   Nixon, as  described  in  a
     7  deed  recorded  in the Chautauqua County Clerk's Office in Liber 2182 of
     8  Deeds at page 196; thence continuing along the same course, S  1  degree
     9  55'  0"  W  along  the west line of lands of said Nixon, 78.8 feet to an
    10  existing iron stake at the northeast corner of lands of Joanne W.  Nixon
    11  as described in a deed recorded in the Chautauqua County Clerk's  Office
    12  in  Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along
    13  the north line of lands of said Nixon, 173.3 feet  to  a  point  at  the
    14  southeast  corner  of  lands  of Ed R.   Burnside as described in a deed
    15  recorded in the Chautauqua County Clerk's Office in Liber 2639 of  Deeds
    16  at page 336; thence N 13 degrees 36' 25" W, along the east line of lands
    17  of said Burnside, 287.68 feet to the point or place of beginning.
    18                                  PARCEL B
    19    Also  all  that  tract or parcel of land, situate in the Town of West-
    20  field, County of Chautauqua and State of New York, being part of Lot No.
    21  13, Township 4 and Range 14 of the Holland  Land  Company's  Survey  and
    22  further bounded and described as follows:
    23    Commencing  at the northwest corner of premises described in deed from
    24  David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded  in
    25  the  Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165;
    26  thence N 60 degrees 17' 18" E. along the south bounds of U.S.  Route 20,
    27  also known as Main Road, also known as the Buffalo and Erie Road, 460.76
    28  feet to a set "MAG" nail in asphalt; thence N 64 degrees 0'  0"  E,  and
    29  still along the south bounds of U.S.  Route 20, a distance of 70 feet to
    30  a  set  "MAG"  nail  in  asphalt at the point of beginning of the parcel
    31  hereinafter described; thence N 64 degrees 0'  0"  E,  along  the  south
    32  bounds  of  U.S. Route 20, a distance of 200 feet to a set "MAG" nail in
    33  asphalt at the northwest corner of lands of Joanne W. Nixon as described
    34  in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182
    35  of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of
    36  lands of said Nixon, 250 feet to a point; thence S 64 degrees 0'  0"  W,
    37  along the north line of lands of said Nixon 200 feet to an existing iron
    38  pin  in  the  northwest corner of lands of said Nixon; thence N 1 degree
    39  55' 0" E, 250 feet to the point or place of beginning.
    40    Subject to all easements, rights-of-way, and leases  of  record  which
    41  may validly affect said premises.
    42    (b)  The  center  may, but shall not be required to, produce wine as a
    43  condition of such license.
    44    (c) No person shall be disqualified from acting as a  director,  offi-
    45  cer, or employee of, or purveyor to, the center by reason of such person
    46  holding  a license under this chapter, or being affiliated with a licen-
    47  see under this chapter as a shareholder, partner, officer, director,  or
    48  employee.
    49    (d)  No  person shall be disqualified from being a lender or lessor to
    50  the center, or a donor, patron, contributor or sponsor from time to time
    51  of the center through contributions in cash or in kind, on terms  agreed
    52  with  the  board  of  directors  of the center, by reason of such person
    53  holding a license under this chapter, or being affiliated with a  licen-
    54  see  under this chapter as a shareholder, partner, officer, director, or
    55  employee. Such persons shall be entitled, regardless of their  licensing
    56  status under this chapter, to obtain all the benefits generally approved
        S. 5049                             3
 
     1  by the board of directors of the center and offered to donors of similar
     2  amounts.
     3    (e)  Notwithstanding  any  other provision of law to the contrary, the
     4  center is expressly authorized to:
     5    (i) sell New York state produced wines, beers  and  distilled  spirits
     6  for both on and off premise consumption;
     7    (ii)  offer  tastings  on the premises of such products and charge the
     8  general public such amounts as it  deems  fit  for  such  tastings.  For
     9  purposes  of this section, tastings may be conducted in a common tasting
    10  area on the premises; and
    11    (iii) provide banquet and entertainment  facilities  for  the  general
    12  public  for  private parties in consideration of such fees as are estab-
    13  lished by the board of directors of the center from time to time, and to
    14  sell and serve at such events wines, malt beverages and distilled  spir-
    15  its selected by persons hiring the facilities.
    16    § 2. This act shall take effect immediately.