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S06451 Summary:

S06451 Actions:

S06451 Committee Votes:

S06451 Floor Votes:

S06451 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6451
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 11, 2019
                                       ___________
 
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          licensing  restrictions for manufacturers and wholesalers of alcoholic
          beverages on licensees who sell at retail for on-premises consumption;
          and providing for the repeal of  certain  provisions  upon  expiration
          thereof
 
          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 1-a to read as follows:
     3    1-a.  The  provisions  of  paragraph  (a)  of  subdivision one of this
     4  section shall not apply  to  any  licensed  manufacturer  or  wholesaler
     5  located  on  the  second  floor of premises in the borough of Manhattan,
     6  city, county and state of New York, bounded and  described  as  follows:
     7  Beginning at the corner formed by the intersection of the southerly side
     8  of  West  16th  Street  with  the  westerly side of 10th Avenue; running
     9  thence westerly along the said southerly side of West 16th  Street,  262
    10  feet 5-1/4 inches to the corner formed by the intersection of the south-
    11  erly  side  of  West  16th  Street with the easterly side of 11th Avenue
    12  (formerly Marginal Street); running thence southeasterly along the east-
    13  erly side of said 11th Avenue (formerly Marginal Street) 221 feet  4-1/2
    14  inches to the corner formed by the intersection of said easterly side of
    15  11th  Avenue  (formerly Marginal Street) with the northerly side of said
    16  West 15th Street; running thence easterly along the  northerly  side  of
    17  West  15th  Street, 182 feet 8 inches to the corner formed by the inter-
    18  section of said northerly side of West 15th Street with the said wester-
    19  ly side of 10th Avenue; running thence  northerly  along  said  westerly
    20  side  of  10th Avenue, 206 feet 6 inches to the point or place of begin-
    21  ning.  Provided, however, that with respect to  such  manufacturer's  or
    22  wholesaler's interest in a retail licensee located at premises described
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11698-03-9
        S. 6451                             2
 
     1  in paragraph (a-1) of subdivision thirteen of section one hundred six of
     2  this  article:  (i)  such  interest must have been acquired prior to the
     3  effective date of the chapter of the laws of two thousand nineteen which
     4  added  this  subdivision;  (ii)  such manufacturer or wholesaler may not
     5  sell alcoholic beverages directly to such retail licensee; and (iii)  no
     6  more than fifteen percent of the annual dollar value of alcoholic bever-
     7  ages  purchased  by such retail licensee for sale on the premises may be
     8  produced by any such manufacturer.
     9    § 2. Section 101 of the alcoholic beverage control law is  amended  by
    10  adding a new subdivision 1-a to read as follows:
    11    1-a.  The  provisions  of  paragraph  (a)  of  subdivision one of this
    12  section shall not apply  to  any  licensed  manufacturer  or  wholesaler
    13  located on the 35th floor of premises in the borough of Manhattan, city,
    14  county  and  state of New York, bounded and described as follows: begin-
    15  ning at the corner formed by the intersection of the  easterly  side  of
    16  Washington  Street  and  the  southerly  side of Barclay Street; running
    17  thence easterly along the southerly side of Barclay Street, the  follow-
    18  ing  three (3) courses and distances: (1) South 88 degrees 37 minutes 20
    19  seconds East 161.04 feet; (2) South 88 degrees  39  minutes  01  seconds
    20  East  67.81  feet;  and  (3) South 88 degrees 36 minutes 50 seconds East
    21  112.04 feet to the corner formed by the intersection  of  the  southerly
    22  side  of  Barclay  Street and the westerly side of West Broadway; thence
    23  southerly along the westerly side of West Broadway, the following  three
    24  (3)  courses  and  distances: (1) South 13 degrees 29 minutes 10 seconds
    25  West 33.54 feet; (2) South 88 degrees 37 minutes 31  seconds  East  7.16
    26  feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20 feet to
    27  the  corner  formed  by  the  intersection  of the westerly side of West
    28  Broadway and the northerly side of Vesey Street; thence  westerly  along
    29  the  northerly  side  of  Vesey  Street,  North 88 degrees 37 minutes 31
    30  seconds West 233.48 feet to the corner formed by the intersection of the
    31  northerly side of Vesey Street  and  the  easterly  side  of  Washington
    32  Street;  and  thence  northerly  along  the  easterly side of Washington
    33  Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet  to  the
    34  point  or  place  of  beginning. Provided, however that, with respect to
    35  such manufacturer's  or  wholesaler's  interest  in  a  retail  licensee
    36  located at premises described in paragraph (a-1) of subdivision thirteen
    37  of  section one hundred six of this article: (i) such interest must have
    38  been acquired prior to the effective date of the chapter of the laws  of
    39  two  thousand  nineteen which added this subdivision; (ii) such manufac-
    40  turer or wholesaler may not sell alcoholic beverages  directly  to  such
    41  retail  licensee;  and  (iii) no more than fifteen percent of the annual
    42  dollar value of alcoholic beverages purchased by  such  retail  licensee
    43  for sale on the premises may be produced by any such manufacturer.
    44    §  3.  Subdivision 13 of section 106 of the alcoholic beverage control
    45  law is amended by adding a new paragraph (a-1) to read as follows:
    46    (a-1) The provisions of paragraph (a) of this  subdivision  shall  not
    47  apply  to  the holder of a retail on-premises consumption license issued
    48  for a premises located in the borough of  Manhattan,  city,  county  and
    49  state  of  New  York,  bounded  and described as follows: Beginning at a
    50  point on the northerly side of 52nd Street, distant  375  feet  westerly
    51  from  the  northwesterly corner of 52nd Street and Fifth Avenue; running
    52  thence northerly parallel with Fifth Avenue and part of the way  through
    53  a party wall, 75 feet 5 inches; thence westerly parallel with the north-
    54  erly  side of 52nd Street, 11 feet 2-3/4 inches; thence northerly paral-
    55  lel with Fifth Avenue, 25 feet to the center line of the  block;  thence
    56  easterly  along  said  center  line  of the block, 71 feet 2-3/4 inches;
        S. 6451                             3
 
     1  thence southerly parallel with Fifth Avenue and part of the way  through
     2  a  party  wall,  100 feet 5 inches to the northerly side of 52nd Street;
     3  thence westerly along the northerly side of 52nd Street, 60 feet to  the
     4  point  or  place  of  beginning. Provided, however, that with respect to
     5  such retail licensee's interest in a business engaged in the manufacture
     6  or sale at wholesale of alcoholic beverages described in subdivision 1-a
     7  of section one hundred one of this article: such interest must have been
     8  acquired prior to the effective date of the chapter of the laws  of  two
     9  thousand  nineteen which added this paragraph; (ii) such retail licensee
    10  may not purchase alcoholic beverages directly from any such manufacturer
    11  or wholesaler; and (iii) no more than  fifteen  percent  of  the  annual
    12  dollar  value  of  alcoholic beverages purchased by such retail licensee
    13  for sale on the premises may be produced by any such manufacturer.
    14    § 4. This act shall take effect immediately; provided,  however,  that
    15  the  provisions  of  section  one of this act shall expire and be deemed
    16  repealed April 1, 2021, when upon such date the  provisions  of  section
    17  two of this act shall take effect.