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A10088 Summary:

BILL NOA10088
 
SAME ASSAME AS S08941
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §106, ABC L
 
Relates to a license to sell liquor at retail for consumption on certain premises; provides an exemption on restrictions for certain manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
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A10088 Actions:

BILL NOA10088
 
04/29/2022referred to economic development
05/10/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.257
05/17/2022ordered to third reading rules cal.257
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
05/23/2022SUBSTITUTED FOR S8941
05/23/20223RD READING CAL.1123
05/23/2022PASSED SENATE
05/23/2022RETURNED TO ASSEMBLY
06/23/2022delivered to governor
06/30/2022signed chap.288
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A10088 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10088
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises   PURPOSE: To add a parcel of land to the list of premises which are exempt from the provisions of law which generally restrict manufacturers/wholesalers/importers and retailers from sharing an inter- est in a liquor license.   SUMMARY OF PROVISIONS: Section 1. Amends subparagraph (xvii) of paragraph (a) subdivision 13 of Section 106 of the Alcoholic beverage Control Law by adding a new subparagraph (xviii) to add a parcel of land to the list of premises which are exempt from the provisions of law which generally restrict manufacturers/wholesalers/importers and retailers from sharing an inter- est in a liquor license. Section 2. Immediate effective date   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: Through what are known as the "tied-house" laws -- New York State restricts holders of alcohol manufacturing licenses from having an interest in a retail license. The law is occasionally amended to exempt certain properties from this restriction as this bill would do, when there does not appear to be significant risk of undue market influence. The site defined by metes & bounds in this legislation is the Marram Hotel in Montauk, town of East Hampton, New York. The .need for this exemption is that one of the three principals of the incoming owners of Marram has a financial interest in-a small, family winery in California. As New York's "tied-house" laws have no de minimis exception, the enact- ment of this legislation is necessary to allow this principal to be on a New York State retail license.   LEGISLATIVE HISTORY: 2022: New Legislation   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This legislation will take effect immediately.
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A10088 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10088
 
                   IN ASSEMBLY
 
                                     April 29, 2022
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Economic Development
 
        AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
          license to sell liquor at retail for consumption on certain premises
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph (xvii) of paragraph (a) of subdivision 13 of
     2  section 106 of the alcoholic beverage control law, as added  by  chapter
     3  299  of  the  laws of 2021, is amended and a new subparagraph (xviii) is
     4  added to read as follows:
     5    (xvii) Parcel A
     6    All that certain plot, piece or parcel of  land,  situate,  lying  and
     7  being  in  the borough of Manhattan, city, county and state of New York,
     8  bounded and described as follows:
     9    Beginning at a point formed by the intersection of the northerly  side
    10  of  Wall  Street  and  the easterly side of Pearl Street; running thence
    11  northerly along the easterly side of  Pearl  Street,  76  feet  1  inch;
    12  thence  easterly  on  a line forming an angle on its northerly side with
    13  the easterly side of Pearl Street of 85° 33' 30", a distance of 43  feet
    14  1  inch; thence southerly on a line which forms an angle on its westerly
    15  side with said last mentioned course of 90° 22', a distance of  1  foot;
    16  thence  easterly  on  a  line which forms an angle on its southerly side
    17  with said last mentioned course of 89° 24', a  distance  of  18  feet  3
    18  inches, more or less, to a point where it is intersected by a line drawn
    19  along  the westerly side of the one-story brick extension at the rear of
    20  the premises No. 122 Water Street; thence southerly on a line  which  on
    21  its  westerly  side  forms an angle of 86° 43' with the preceding course
    22  and along said one-story brick extension, 17 feet 3 inches to the corner
    23  of said one-story brick building; thence easterly on a line which on its
    24  northerly side forms an angle of 91° 40' with the  preceding  course,  6
    25  feet  8 1/2 inches to premises now known as No. 120 Water Street; thence
    26  southerly along a line which on its westerly side forms an angle of  91°
    27  40'  with  the preceding course, 10 feet 9 inches to the premises now or
    28  late of Tontine Company; thence westerly along said premises on  a  line
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15445-03-2

        A. 10088                            2
 
     1  which on its northerly side forms an angle of 88° 20' with the preceding
     2  course,  20  feet;  thence southerly and still along land now or late of
     3  Tontine Company on a line which on its easterly side forms an  angle  of
     4  89°  09'  with  the  preceding course, 53 feet 5 inches to the northerly
     5  side of Wall Street; and thence westerly along  the  northerly  side  of
     6  Wall  Street on a line which on its northerly side forms an angle of 88°
     7  08' with the preceding course, 48 feet 11 1/2  inches  to  the  easterly
     8  side of Pearl Street at the point or place of beginning.
     9    Parcel B:
    10    All  that  certain  plot,  piece or parcel of land, situate, lying and
    11  being in the borough of Manhattan, city, county and state of  New  York,
    12  bounded and described as follows:
    13    Beginning  at  the  corner formed by the intersection of the northerly
    14  side of Wall Street with the westerly  side  of  Water  Street;  running
    15  thence  northerly,  along the westerly side of Water Street, about fifty
    16  feet nine inches to the premises Number One  Hundred  and  Twenty  Water
    17  Street; thence westerly, along the southerly side of premises Number One
    18  Hundred  and  Twenty Water Street, about eighty feet seven inches to the
    19  easterly side of premises Number Eighty-Two Wall Street, thence norther-
    20  ly, along the easterly side of premises Number Eighty-Two  Wall  Street,
    21  to  a  point where it is intersected by a line drawn along the northerly
    22  face of the northerly wall of the four-story and basement brick building
    23  formerly erected thereon; thence westerly, along the northerly  side  of
    24  said  northerly  wall,  about  twenty  feet to the westerly side of said
    25  premises Number Eighty-Two Wall  Street;  thence  southerly,  along  the
    26  westerly  side  of  said  premises  Number Eighty-Two Wall Street, about
    27  fifty-three feet six inches to the northerly side of  Wall  Street;  and
    28  thence easterly along the northerly side of Wall Street, to the point or
    29  place of beginning.
    30    Provided,  however, that with respect to such retail licensee's inter-
    31  est in a business engaged in the manufacture or  sale  at  wholesale  of
    32  alcoholic  beverages  described  in  subdivision  one-a  of  section one
    33  hundred one of this article: (i) such interest must have  been  acquired
    34  prior  to the effective date of [the] chapter two hundred ninety-nine of
    35  the laws of two thousand twenty-one  [which  added  this  subparagraph];
    36  (ii)  such retail licensee may not purchase alcoholic beverages directly
    37  from any such manufacturer or wholesaler; and (iii) no more than fifteen
    38  percent of the annual dollar value of alcoholic beverages  purchased  by
    39  such  retail  licensee  for  sale on the premises may be produced by any
    40  such manufacturer[.]; or
    41    (xviii) Real property in the Town of East Hampton, County of  Suffolk,
    42  State of New York, described as follows:
    43    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
    44  being at Montauk, Town of East Hampton, County of Suffolk and  State  of
    45  New York, bounded and described as follows:
    46    BEGINNING  at  the  corner formed by the intersection of the northeast
    47  side of Surfside Place with the southeast side of Ocean view Terrace;
    48    RUNNING THENCE from said point of beginning  along  the  southeasterly
    49  side  of  Oceanview Terrace North 68 degrees 18 minutes 15 seconds East,
    50  265.64 feet to land formerly of Montauk Improvement Inc.;
    51    THENCE along said land South 24 degrees 34 minutes  52  seconds  East,
    52  321.71 feet to the northerly line of boardwalk easement;
    53    THENCE  still  along  said course, 82 feet, more and less (114.76 feet
    54  per survey), to the high water mark of the Atlantic Ocean;

        A. 10088                            3
 
     1    THENCE southwesterly and along the high water  mark  of  the  Atlantic
     2  Ocean,  267  feet more or less (265,41 feet per survey) to the northeast
     3  side of the Surfside Place;
     4    THENCE  along the northeast side of Surfside Place North 24 degrees 34
     5  minutes 52 seconds West, 425  feet,  more  or  less,  (448.98  feet  per
     6  survey) to the point or place of BEGINNING.
     7    Provided,  however, that with respect to such retail licensee's inter-
     8  est in a business engaged in the manufacture or  sale  at  wholesale  of
     9  alcoholic  beverages  described  in  subdivision  one-a  of  section one
    10  hundred one of this article: (i) such interest must have  been  acquired
    11  prior  to  the effective date of the chapter of the laws of two thousand
    12  twenty-two  which added this subparagraph; (ii) such retail licensee may
    13  not purchase alcoholic beverages directly from any such manufacturer  or
    14  wholesaler;  and (iii) no more than fifteen percent of the annual dollar
    15  value  of alcoholic beverages purchased by such retail licensee for sale
    16  on the premises may be produced by any such manufacturer.
    17    § 2. This act shall take effect immediately; provided,  however,  that
    18  the amendments to subparagraph (xvii) of paragraph (a) of subdivision 13
    19  of section 106 of the alcoholic beverage control law made by section one
    20  of  this  act shall not affect the repeal of such subparagraph and shall
    21  be deemed repealed therewith.
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