NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10252A
SPONSOR: Rules (Bores)
 
TITLE OF BILL:
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; and providing for the repeal
of certain provisions upon expiration thereof
 
PURPOSE:
To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers/wholesalers and
retailers from sharing an interest in a liquor license.
 
SUMMARY OF PROVISIONS:
Amends Section 106(13) of the Alcoholic Beverage Control Law, which
restricts the relationships between retailers and
manufacturers/wholesalers by adding specific parcels of land to the list
of retail locations which are exempt from these laws.
 
EXISTING LAW:
ABC Law Section 106(13) prohibits retail licensees from having an inter-
est in any premises where alcohol is sold by a manufacturer, wholesaler,
or importer.
 
JUSTIFICATION:
Since the 1930s, when Prohibition was repealed, New York State law has
restricted holders of alcohol manufacturing/wholesale licenses from
having an interest in a retail license, and vice versa. Known as the
"tied-house" laws, efforts have been made to modernize the law by
addressing these types of archaic ownership issues.
In the meantime, these provisions have been amended on occasion by
exempting certain properties to support local economic development
goals. Exemptions, such as that provided by this bill, are narrowly
tailored to prevent undue market influence by identifying select parcels
using metes and bounds descriptions.
Laduree is a French Pastry House that specializes in Macaroons. The
company has two locations in NYC with full restaurants, as well as a
carry out location in Penn Station. The licensee's parent company has a
new investor that holds an interest in wineries in France. This bill
would allow Laduree to continue to hold liquor licenses at the locations
identified in the legislation.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
This legislation will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10252--A
IN ASSEMBLY
May 15, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bores) --
read once and referred to the Committee on Economic Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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; 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. Subparagraph (xxii) of paragraph (a) of subdivision 13 of
2 section 106 of the alcoholic beverage control law, as added by chapter
3 527 of the laws of 2023, is amended and a new subparagraph (xxiii) is
4 added to read as follows:
5 (xxii) Parcel A
6 ALL that certain plot, piece or parcel of land with the buildings and
7 improvements thereon erected, situated, lying and being in the Town of
8 Wilmington, County of Essex and State of New York, being part of lot No.
9 32 of Mallory's Grant and more particularly described as follows:
10 BEGINNING at a point in the Wilmington-Lake Placid State Highway
11 (Route 86) said point being located 600 feet North Easterly from the
12 point where the division line between lots Nos. 31 and 32 of Mallory's
13 Grant intersects the center of said Highway and which point of beginning
14 is the most Easterly corner of a parcel of land conveyed by Bernard J.P.
15 Comiskey to Marjorie B. Wilkins by deed dated July 7, 1950 and recorded
16 in the Essex County Clerk's Office on July 10, 1950 in Book 279 of Deeds
17 at page 293, and from said point of beginning running thence in a
18 Northwesterly direction along the Northeasterly line of said parcel a
19 distance of 550 feet to the most Northerly corner thereof; thence South-
20 westerly along the Northeasterly line of said parcel (described as
21 parallel to the center of said highway) and continuing in the same
22 course along the Northwesterly line of a parcel of land conveyed by said
23 Comiskey to Walter N. Zywan and Marylyn V. Zywan a total distance on
24 this course of 600 feet to a point in the division line between said
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15502-02-4
A. 10252--A 2
1 lots Nos. 31 and 32; thence Northwesterly along said division line a
2 distance of 1985 feet more or less to the most Westerly corner of lot
3 No. 32; thence Northeasterly along the Westerly boundary of Mallory's
4 Grant a distance of 1696 feet more or less to the most Northerly corner
5 of lot No. 32; thence Southeasterly along the division line between lots
6 Nos. 32 and 33 a distance of 3280 feet more or less to a point in the
7 center of the aforesaid State Highway; thence Southwesterly along the
8 center thereof to the point or place of beginning.
9 Parcel B
10 ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and
11 34, Mallory's Grant, Town of Wilmington, County of Essex, State of New
12 York, being more particularly bounded and described as follows:
13 BEGINNING at a 3/4 inch iron pipe found in the southerly bounds of New
14 York State Highway Route 86, and at the most northerly corner of a
15 parcel of land belonging (N/F), to Betty Jane Smart, by virtue of a deed
16 recorded in the Office of the Essex County Clerk in Book 725 of Deeds at
17 Page 176, and RUNNING THENCE N 57° 07' 56" E, along said southerly
18 bounds, a distance of 296.17 feet, to a 1 inch iron pipe found in the
19 most westerly corner of a parcel of land belonging to Richard D. Railton
20 and Maries L Railton, by virtue of a deed recorded in the Office of the
21 Essex County Clerk in Book 810 of Deeds at Page 339;
22 THENCE TURNING and running S 48° 57' 21" E, along the southwesterly
23 bounds of Railton (L810-P339), passing through an iron rod at 99.94
24 feet, and passing through a 3/4 inch iron pipe at 200.24 feet, a total
25 distance of 614.50 feet, to the most northerly corner of a parcel of
26 land belonging to Richard D. Railton and Maries L Railton, by virtue of
27 a deed recorded in the Office of the Essex County Clerk in Book 993 of
28 Deeds at Page 346;
29 THENCE TURNING and running S 61° 14' 53" W, along the northwesterly
30 line of Railton (LP.), a distance of 255.24 feet, to the most westerly
31 corner thereof, being a 1/2 inch iron pipe set in the northeasterly
32 bounds of the aforementioned premises of (N/F) Betty Jane Smart
33 (L725-P176);
34 THENCE TURNING and running N 53° 11' 24" W, along the northeasterly
35 bounds of lands (N/F) of SMART (L725-P176), a distance of 700.31 feet,
36 to the point or place of beginning.
37 Parcel C
38 All that certain plot, piece or parcel of land, situate, lying and
39 being In the Town of Wilmington, County of Essex, State of New York,
40 briefly described as follows vis:
41 Commencing at the intersection of the southeast limit of Highway #86
42 with the southwest bank of White Brook; thence southwesterly along the
43 highway limit, 309.39 feet to a cedar stake which is the point of begin-
44 ning and which is also the northwest corner of Parcel #1 as shown on a
45 survey of Wilmington Development Company property by Norman Briggs, LS.,
46 dated July 1, 1952; thence S 50° 00' W, along the highway limit, 309.39
47 feet to a cedar stake: thence S 34' 00' 50" E. 1209.50 feet to a 4" x 4"
48 cedar post on the bank of the AuSable River; thence northeasterly
49 approximately 21 O feet; following the river bank, to a 4" x 4" cedar
50 post which is also the southwest corner of Parcel #1; thence N. 49° 29'
51 50" W, 1180.73 feet to the point of beginning.
52 EXCEPTING FROM THE ABOVE DESCRIBED PARCEL:
53 All that tract or parcel of land situate in the Town of Wilmington,
54 County of Essex, State of New York, being part of Lot 33, Mallory's
55 Grant lying east of New York State Route 86 and west of the West Branch
A. 10252--A 3
1 of the AuSable River and is more particularly bounded and described as
2 follows:
3 Beginning at a point at the most northerly corner of the premises
4 marked by a 5/8 inch iron rod with cap, said point being the following
5 two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New
6 York State Route 86 which lies 304.52 feet southwest of White Brook:
7 1. South 49° 25' 55" East, 395.00 feet;
8 2. South 49° 27' 22" East, 349.45 feet;
9 Thence, South 49° 27' 22" East, 450.00 feet along the southwest line
10 of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book
11 772/Page 4, to a point on the west bank of the West Branch of the AuSa-
12 ble River, said course passing through a 1/2 inch iron pipe line marker
13 at a distance of 440.00 feet;
14 Thence, Southerly 130 feet more or less along the west bank of the
15 West Branch of the AuSable River on the following three (3) courses to a
16 point at the southerly corner:
17 1. South 29° 37' 10" West, 32.66 feet to a point:
18 2. South 32° 53' 59" East, 40.69 feet to a point;
19 3. South 55° 14' 56" West, 65.59 feet to a point;
20 Thence, North 48° 23' 02" West, 246.21 feet along the southwesterly
21 line to 5/8 inch iron rod with cap, said course passing through a 5/8
22 inch iron rod line marker at a distance of 51.00 feet;
23 Thence, North 56° 25' 45" West, 95, 11 feet along the southwesterly
24 line to 5/8 inch iron rod with cap;
25 Thence, North 09° 51' 36" West, 179.07 feet along the west line to the
26 Point-of-Beginning.
27 Together with a right of way for all normal purposes of ingress and
28 egress over the existing drive from the southwest line of the premises
29 southwest and northwest to the New York State Route 86 and also the
30 right to maintain, repair and replace the existing utility lines provid-
31 ing service to the premises hereinabove described in their present
32 locations.
33 Parcel D
34 ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and
35 34, Mallory's Grant, Town of Wilmington, County of Essex, State of New
36 York and being more particularly bounded and described as follows:
37 BEGINNING at a 1 inch iron pipe, and the most westerly corner of a
38 parcel of land belonging to Richard D. Railton and Maries L. Railton, by
39 virtue of a deed recorded in the Office of the Essex County Clerk in
40 Book 81 O at Page 339, and RUNNING THENCE S 48° 57' 21" E, along the
41 southwesterly line of Railton (L810-P339) passing through an iron rod at
42 99.94 feet, and a 1/2 inch iron pipe at 200.24 feet, a total distance of
43 614.50 feet to a 1/2 inch iron pipe, and to the TRUE POINT OF BEGINNING
44 of the 3.0 acre parcel herein being described;
45 THENCE CONTINUING along said southwesterly line, S 48° 57' 21" passing
46 through a 1/2 inch iron pipe at 595.91 feet, a total distance of 629
47 feet more or less, to a point on the northerly bank of the AuSable
48 River, and to the most easterly corner of the 3.0 acre parcel herein
49 being described;
50 THENCE TURNING and running southwesterly and upstream, along the bank
51 of the AuSable River, a distance of 230 feet, more or less, to the most
52 easterly corner of a parcel of land belonging (N/F) to Florence
53 Williams; by virtue of a deed recorded in the Office of the Essex County
54 Clerk in Book 456 of Deeds at Page 19;
55 THENCE TURNING and running N 53° 11' 24" W, (passing through a 3/4
56 inch iron pipe at 20 feet, more or less), along the northeasterly line
A. 10252--A 4
1 of WILLIAMS (L456-P19), a distance of 415 feet, more or less, to the
2 most easterly corner of a parcel of land belonging (N/F) to Betty Jane
3 Smart, by virtue of a deed recorded In the Office of the Essex County
4 Clerk in Book 725 of Deeds at Page 176;
5 RUNNING THENCE N 53° 11' 24" W, along the northeasterly line of SMART
6 (L725-P176), (passing through a 3/4 inch iron rod at 99.47 feet), a
7 distance of 189.6 feet, to a 1/2 inch iron pipe, and to the most wester-
8 ly corner of the 3.0 acre parcel herein being described:
9 THENCE TURNING and running N 61° 14' 53" E, through lands belonging to
10 the High Valley Motel Corporation, by virtue of a deed recorded in the
11 Office of the Essex County Clerk in Book 940 of Deeds at Page 142, a
12 distance of 255.24 feet, to the point or place of beginning.
13 Parcel E
14 All that tract or parcel of land situate in the Town of Wilmington,
15 County of Essex, State of New York, being part of Lot 33, Mallory's
16 Grant lying east of New York State Route 86 and west of the West Branch
17 of the AuSable River and is more particularly bounded and described as
18 follows:
19 Beginning at a point at the most northerly corner of the premises
20 marked by a 5/8 inch iron rod with cap, said point being the following
21 two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New
22 York State Route 86 which lies 304.52 feet southwest of White Brook:
23 1. South 49° 25' 55" East, 395.00 feet:
24 2. South 49° 27' 22" East, 349.45 feet;
25 Thence, South 49° 27' 22" East, 450.00 feet along the southwest line
26 of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book
27 772/Page 4, to a point on the west bank of the West Branch of the AuSa-
28 ble River, said course passing through a 1/2 inch iron pipe line marker
29 at a distance of 440.00 feet;
30 Thence, Southerly 130 feet more or less along the west bank of the
31 West Branch of the AuSable River on the following three (3) courses to a
32 point at the southerly corner:
33 1. South 29° 37' 1 O" Well, 32.66 feet to a point;
34 2. South 32° 53' 59" East, 40.69 feet to a point;
35 3. South 55° 14' 56" West, 65.59 feet to a point;
36 Thence, North 48° 23' 02" West, 246.21 feet along the southwesterly
37 line to a 5/8 inch iron rod with cap, said course passing through a 5/8
38 inch iron rod line marker at a distance of 51.00 feet;
39 Thence, North 56° 28' 45" West, 95.11 feet along the southwesterly
40 line to a 5/8 inch iron rod with cap;
41 Thence, North 09° 51' 36" West, 179.07 feet along the west line to the
42 Point-of Beginning. Together with a right of way for all normal purposes
43 of ingress and egress over the existing drive from the southwest line of
44 the premises southwest and northwest to New York State Route 86.
45 Parcel F
46 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,
47 County of Erie and State of New York, being part of Lot No. 66, on said
48 Island, bounded and described as follows:
49 COMMENCING at the northeast comer of Lot No. 66; thence westerly along
50 the northerly line of Lot No. 66, 848.85 feet to its intersection with
51 the northeasterly line of the New York State Thruway; thence southeast-
52 erly along the northeasterly line of said Thruway 440.26 feet; thence
53 northerly in a straight line 767 feet to the place of beginning.
54 Parcel G
A. 10252--A 5
1 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,
2 County of Erie and State of New York, being parts of Lots Nos. 82 and
3 83, on said Island, bounded and described as follows:
4 Beginning at the point of the intersection of the southwesterly line
5 of Grand Island Connecting Boulevard and the easterly line of lands
6 conveyed to George J. Stortz, by deed recorded in Erie County Clerk's
7 Office in Liber 325 of Deeds at page 610; thence northwesterly along the
8 southwesterly line of Grand Island Connecting Boulevard, 200 feet;
9 thence southwesterly at right angles to the southwesterly line of Grand
10 Island Connecting Boulevard, 1871.45 feet to the south line of said Lot
11 No. 82 and 83, 1688.78 feet to the easterly line of lands deeded to
12 Stortz, as aforesaid; thence northerly along the said line of Stortz's
13 land 861.40 feet to the point of beginning.
14 Parcel H
15 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Wilmington,
16 County of Essex, State of New York, being a part of Lot 28, Mallory's
17 Grant, and of Lots 7 and B, Jay Tract, being bounded and described as
18 follows:
19 BEGINNING at a point which marks the intersection of the center line
20 of New York State Highway, Route 86, with the center line of Fox Farm
21 Road, so-called;
22 Running thence along the center line of Fox Farm Road in the following
23 six courses:
24 S 69° 33' E, 200.0 feet;
25 S 72° 32' E, 200.0 feet;
26 S 76° 46' E, 200.0 feet;
27 S 80° 15' E, 1100.0 feet;
28 S 77° 38' E, 380.0 feet;
29 S 73° 16' E, 494.6 feet to a point in the southwesterly corner of
30 29.78 acre parcel heretofore conveyed by Carl Steinhoff and Bertha
31 Steinhoff to Winfield D. Davis and Marceline M. Davis;
32 Running thence along the general westerly bounds of said Davis parcel
33 in the following three courses:
34 N 18° 21' 30" E, a distance of 31.9 feet to a 1" pipe;
35 N 18° 21' 30" E, 461.0 feet to a 1" pipe;
36 N 18° 21' 30" E, 829.7 feet to a 1" pipe, which marks the general
37 northwest corner of said Davis parcel;
38 Running thence in the same course, N 18° 21' 30" E, and in an exten-
39 sion northerly of the westerly boundary line of said Davis parcel
40 so-called, a distance of 213 feet, more or less, to a point in the
41 southerly boundary line of said premises reputedly owned by Mabel DeMa-
42 si;
43 Running thence N 60° 57' W, and along the general southerly boundary
44 line of said DeMasi property, so-called, a distance of 475 feet, more or
45 less, to a 1/4 pipe set in a small pile of stones, which point is reput-
46 ed to be on the division line of Lots 28/29;
47 Running thence N 30° 02' 30" E. and along the general westerly bounds
48 of said DeMasi property, so-called, a distance of 305.9 feet to a 1/4"
49 pipe set at the easterly face of a 6 foot high boulder at or near the
50 general southerly bank of the AuSable River;
51 Running thence upstream along or nearly along the southerly bank of
52 the AuSable River in the following nine courses:
53 N 64° 38' W, 168.2 feet;
54 N 55° 27' W, 186.6 feet;
55 N 87° 01' W, 151.4 feet;
56 S 53° 08' W, 279.9 feet;
A. 10252--A 6
1 S 50° 39' W, 97.0 feet;
2 S 54° 52' W, 149.9 feet;
3 S 81° 52' W, 186.6 feet;
4 N 76° 04' 30" W, 312.0 feet;
5 S 57° 33' W, 680.0 feet to a point on the bridge spanning to AuSable
6 River, which point lies over the southerly bank of said river;
7 Running thence along the center or nearly in the center of said New
8 York State Highway, Route 86, in the following five courses:
9 S 20° 50' W, 119.0 feet;
10 S 26° so' W, 200.0 feet;
11 S 39° 34' W, 200.0 feet;
12 S 45° 08' W, 400.0 feet;
13 S 49° 45" W, 300.0 feet to the point or place of beginning.
14 EXCEPTING all those portions, rights and privileges which have been
15 acquired by the State of New York and County of Essex for highway
16 purposes.
17 EXCEPTING premises conveyed by deed from Yates-Prime, Ltd. to the
18 People of the State of New York, acting by and through the Commissioner
19 of Environmental Conservation of the State of New York dated January 24,
20 1996 and recorded May 29, 1996 in Book 1111 at Page 116.
21 EXCEPTING AND RESERVING premises conveyed by deed from Richard H.
22 Nagamine, Jr. and Sylvia E. Nagamine to Yates Prime, Ltd. dated November
23 9, 2000 and recorded January 3, 2001 in Book 1272 at page 1[.]or
24 (xxiii) Part A
25 ALL that certain plot, piece or parcel of land, situate, lying and
26 being in the Borough of Manhattan, City, County and State of New York,
27 bounded and described as follows:
28 BEGINNING at a point on the easterly side of Thompson Street, distant 87
29 feet 5 inches southerly from the corner formed by the intersection of
30 the easterly side of Thompson Street with the southerly side of Spring
31 Street;
32 RUNNING THENCE Easterly on a line forming an interior angle of 89
33 degrees 47 minutes 30 seconds with the easterly side of Thompson Street
34 a distance of 87 feet 11 1/2 inches to a point in a line drawn northerly
35 along the westerly face of the westerly wall of the one story brick
36 building located on the premises adjoining on the east;
37 THENCE Southerly along the said line and along the westerly face of said
38 wall to the northerly face of another one story brick building on said
39 adjoining premises;
40 THENCE Westerly along the said northerly face of the said northerly wall
41 6 inches to the westerly face of the westerly wall of said building;
42 THENCE Southerly along the westerly face of said wall and a line in
43 continuation thereof to a line drawn at right angles to Thompson Street
44 from a point in the easterly side thereof distant 50 feet southerly from
45 the point of beginning.
46 THENCE Westerly at right angle to Thompson Street, 87 feet 6 1/2 inches
47 more or less to the easterly side of Thompson Street;
48 THENCE Northerly along the easterly side of Thompson Street, 50 feet to
49 the point or place of BEGINNING.
50 Part B
51 ALL that certain plot, piece or parcel of land, situate, lying and
52 being in the Borough of Manhattan, County of New York, City and State of
53 New York, bounded and described as follows:
54 BEGINNING at a point on the westerly side of West Broadway distant 93
55 feet 5 3/4 inches (U.S. Standard) southerly as measured along the
56 westerly side of West Broadway from the corner formed by the inter-
A. 10252--A 7
1 section of the southerly side of Spring Street with the westerly side of
2 West Broadway.
3 RUNNING THENCE in a general southerly direction along the westerly
4 side of West Broadway a distance of 47 feet 4 1/4 inches (U.S. Stand-
5 ard); RUNNING THENCE in a general westerly direction along a line form-
6 ing an interior angle of 89 degrees 54 minutes 25 seconds with the
7 westerly side of
8 West Broadway a distance of 75.0 feet (U.S. Standard);
9 RUNNING THENCE in a general northerly direction along a line forming an
10 interior angle of 90 degrees 05 minutes 35 seconds with the last
11 mentioned course a distance of 46 feet 11 5/8 inches (U.S. Standard);
12 RUNNING THENCE in a general easterly direction along a line forming an
13 interior angle of 90 degrees with the last mentioned course a distance
14 of 16.0 feet (U.S. Standard);
15 RUNNING THENCE in a general northerly direction along a line forming a
16 right angle with the last mentioned course a distance of 5 inches (U.S.
17 Standard); and
18 THENCE in a general easterly direction along a line forming an interior
19 angle of 89 degrees 51 minutes 30 seconds with the last mentioned course
20 a distance of 59.0 feet (U.S. Standard); to the westerly side of West
21 Broadway, the point or place of BEGINNING.
22 The above description is an overall description appearing of record in
23 Deed recorded 11/16/1988 in Reel 1494 Page 1438, which combines the
24 following PARCEL A and PARCEL B as described in said Deed and prior
25 Deeds of record:
26 PARCEL A (Being the northerly portion of TAX LOT 23):
27 All that certain plot, piece or parcel of land, situate, lying and being
28 in the Borough of Manhattan, City and State of New York, on the
29 northwesterly side of West Broadway, formerly Laurens Street, between
30 Spring and Broome Streets in the 8th Ward of the City of New York and
31 known on a Map of property belonging to Estate of Thomas Starr,
32 deceased, dated May 1827, made by Thomas R. Ludlam, C.S., conveyed to
33 said David Robbins by Deed Liber 238
34 Cp 454 which is bounded and described as follows;
35 BEGINNING at a point on the northwesterly side of said West Broadway
36 being the southerly corner of said Lot No. 85;
37 RUNNING THENCE northeasterly along the northwesterly side of West Broad-
38 way, 22 feet 4 inches more or less to the easterly corner of said brick
39 house; RUNNING THENCE northwesterly at right angles to said West Broad-
40 way and in part along said brick house; and
41 THENCE continuing in the same direction to the rear of the Lot, 100
42 feet;
43 THENCE, southeasterly along the rear of the Lot and parallel with West
44 Broadway, 22 feet 4 inches more or less to the westerly corner of said
45 Lot No. 85; and
46 RUNNING THENCE southwesterly at right angles to West Broadway, 100 feet
47 to said northwesterly side of West Broadway being the point or place of
48 BEGINNING.
49 Excepting so much as has been taken by the City of New York for the
50 widening of Laurens Street (formerly South 5th Avenue and now known as
51 West Broadway).
52 PARCEL B (Being the remaining portion of TAX LOT 23):
53 ALL that certain plot, piece or parcel of land, situate, lying and being
54 in the Borough of Manhattan, City, County and State of New York, bounded
55 and described as follows:
A. 10252--A 8
1 BEGINNING at a point on the westerly side of West Broadway, distant 115
2 feet 10 inches southerly from the corner formed by the intersection of
3 the westerly side of West Broadway with the southerly side of Spring
4 Street which point is at the northerly face of the northerly wall of the
5 building on the premises herein described;
6 RUNNING THENCE westerly along the northerly face of the northerly wall
7 of the building on the premises herein described and on a line in
8 continuation thereof nearly parallel with Spring Street, 75 feet;
9 THENCE southerly parallel with West Broadway 24 feet 10 inches to a
10 point in a line drawn in continuation of the southerly face of the
11 southerly wall of the building on the premises herein described;
12 THENCE easterly along said line and along the southerly face of the
13 southerly wall of the building on the premises herein described nearly
14 parallel with Spring Street, 75 feet to the westerly side of West Broad-
15 way; and THENCE, northerly along the westerly side of West Broadway, 25
16 feet to the point or place of BEGINNING.
17 Part C
18 ALL that lot, piece or parcel of land, situate, lying and being in the
19 Borough of Manhattan, City, County and State of New York, bounded and
20 described as follows:
21 BEGINNING at the corner formed by the intersection of the Northerly side
22 of 70th Street with the Westerly side of Madison Avenue;
23 THENCE Northerly along the Westerly side of Madison Avenue, 100 feet 5
24 inches to the center line of the block between 70th and 71st Streets;
25 THENCE Westerly parallel with the Northerly side of 70th Street and
26 along said center line of the block, 21 feet;
27 THENCE Southerly parallel with the Westerly side of Madison Avenue, 100
28 feet 5 inches to the Northerly side of 70th Street;
29 THENCE Easterly along the Northerly side of 70th Street, 21 feet to the
30 point or place of BEGINNING.
31 Provided, however, that with respect to such retail licensee's inter-
32 est in a business engaged in the manufacture or sale at wholesale of
33 alcoholic beverages described in this subparagraph: (1) such interest
34 shall have been acquired prior to the effective date of this subpara-
35 graph; (2) such retail licensee may not purchase alcoholic beverages
36 directly from any such manufacturer or wholesaler; and (3) no more than
37 fifteen percent of the annual dollar value of alcoholic beverages
38 purchased by such retail licensee for sale on the premises may be
39 produced by any such manufacturer.
40 § 2. This act shall take effect immediately; provided, however, that
41 the amendments to subparagraph (xxii) of paragraph (a) of subdivision 13
42 of section 106 of the alcoholic beverage control law made by section one
43 of this act shall not affect the expiration of such subparagraph and
44 shall expire and be deemed repealed therewith; provided, however, that
45 upon the sale or transfer of the parcels detailed in subparagraph
46 (xxiii) of paragraph (a) of subdivision 13 of section 106 of the alco-
47 holic beverage control law as added by section one of this act, such
48 subparagraph shall expire and be deemed repealed unless the licensee
49 immediately obtains a leasehold upon such sale or transfer of such
50 parcel as part of the sale or transfer. If the licensee obtains such a
51 leasehold, the subparagraph pertaining to such parcel shall expire and
52 be deemed repealed upon the end or termination of such lease. The state
53 liquor authority shall notify the legislative bill drafting commission
54 upon notification by the licensee of the sale, transfer or termination
55 of the leasehold, or nonrenewal of the leasehold of the parcel detailed
56 in subparagraph (xix) of paragraph (a) of subdivision 13 of section 106
A. 10252--A 9
1 of the alcoholic beverage control law in order that the commission may
2 maintain an accurate and timely effective data base of the official text
3 of the laws of the state of New York in furtherance of effectuating the
4 provisions of section 44 of the legislative law and section 70-b of the
5 public officers law.