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A7660Assembly2017-2018 Session

Let Restaurant Brewer Sell Wholesale

Official title

“Authorizes a certain restaurant brewer in the town of Southeast, county of Putnam, to also hold a beer wholesalers license”

Sponsor Kevin M. ByrneAD-94Affects Economy
Status
In Assembly Committee
Economic Development
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Economic Development

What's happening

This bill allows a specific restaurant brewery in the Town of Southeast, Putnam County, to also be licensed as a beer wholesaler.

Why it matters

  1. Creates a special exception to New York’s “tied house” rules. (which typically prohibit a business from holding both retail and wholesale alcohol licenses for the same premises) for a specifically described property in the Town of Southeast, Putnam County, allowing a restaurant brewery there to also act as a beer wholesaler.

  2. May allow the named brewery to expand its business model. by not only serving beer on-site but also distributing its products to other businesses, potentially increasing its revenue streams and regional presence.

  3. Could set a precedent for other businesses seeking similar exceptions. , prompting future requests from other breweries or restaurants in New York who want to vertically integrate their operations, which might eventually influence broader alcohol policy.

  4. Reflects the role of local, site-specific legislation in economic development. , as such bills are often introduced to support small business growth and local economies, but may also raise questions about fairness, competition, and the consistency of state liquor laws.

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Who cares

Headline styles

Let Restaurant Brewer Sell Wholesale

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin M. Byrne

Assembly Member · Assembly District 94

No co-sponsors yet.

History

  1. Referred to economic development
  2. Referred to economic development

Full text

19 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7660

2017-2018 Regular Sessions

IN ASSEMBLY

May 8, 2017

Introduced by M. of A. BYRNE -- read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to authorizing a certain premises, licensed as a restaurant brewery, to also be licensed as a beer wholesaler

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 20 to read as follows:

20. Notwithstanding the provisions of subdivision six of this section or of subdivision thirteen of section one hundred six of this chapter, the authority may issue a restaurant brewer's license pursuant to this section for a premises which shall be located wholly within the town of Southeast, in the county of Putnam, bounded and described as follows:

ALL that certain plot, piece or parcel of land, situate in the Town of Southeast, County of Putnam and State of New York.

BEGINNING at a point on the northerly side of Argonne Road (a/k/a as Old Route #6) where the same is intersected the southwest corner of lands N/F Putnam County Italian-American Social Club, Inc. and which point is the most easterly point of the parcel hereto described:

THENCE from said point of beginning along the dividing line between the southerly side of lands N/F Partners Management, LLC. And the northerly side of Argonne Road, also known as Old Route #6, North 81 degrees 20 minutes 10seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to the southeast corner of lands N/F Kane;

THENCE along the southerly line of the parcel herein and the proposed northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees 43 minutes 17 seconds East 195.02 to the point and place of BEGINNING; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09783-01-7

A. 7660 2

ALL that certain plot, piece or parcel of land, situate, lying and being in the town of Southeast, County of Putnam and State of New York, bounded and described as follows:

BEGINNING at a point on the northerly line of Old Highway from Brewster to US Route #6 leading to Danbury at the southwest corner of land N/F Putnam County Italian-American Social Club, Inc.;

THENCE along said Old Highway, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to a point;

THENCE North 06 degrees 49 minutes 20 seconds West 83.25 feet to a point on the southerly side of NY State Highway #5203 also known as NY Route #22 & US Route #6;

THENCE along said State Highway, North 67 degrees 06 minutes 10 seconds East 35.06 feet to a point and North 76 degrees 43 minutes 20 seconds East 240.80 feet to a point and land N/F Putnam County Italian- American Social Club, Inc.

THENCE along said land, South 21 degrees 37 minutes 10 seconds West 167.77 feet to the North side of Old Highway aforesaid at the point or place of BEGINNING.

§ 2. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as added by chapter 303 of the laws of 2016, is amended to read as follows:

(x) Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under section fifty-one-a of this chapter to the owner and/or operator of the parcel described in this subparagraph. The legal description for the parcel so identified as the site is as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse, County of Onondaga and State of New York being more particularly described as follows:

Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 77.63 feet and a chord of S. 16° 43' 54" E. with a distance of 77.58' to the point of tangency; thence S. 13° 17' 52" E. a distance of 265.92 feet to a point; thence on a curve to the right with a radius of 55 feet, an arc length of 57.02 feet and a chord of S. 16° 23' 37" W. with a distance of 54.53 feet to the point of tangency; thence S. 59° 31' 29" W. a distance of 24.64 feet to a point; thence S. 71° 26' 56" W. a distance of 142.18 feet to a point in the easterly line of N. Clinton Street; thence N. 28° 09' 10" W. a distance of 364.86 feet to the point and place of beginning. Said parcel being approximately 1.99 acres. The aforesaid described parcel is also shown as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of Resubdivision of a portion of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as Map No. 9408.

A. 7660 3

EXCEPTING AND RESERVING THEREFROM, a permanent easement and right-ofway benefiting Niagara Mohawk Power Corporation, its successors and assigns, upon and across that portion of the above described premises more particularly described as follows:

Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 68.17 feet to a point which is the northeast corner of the Multi-Story Brick Building located on Lot "1B" (311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision of a portion Of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408 (the "Subdivision Map"); thence along the northerly line of said Multi-Story Brick Building S. 76° 52' 55" W. a distance 283.21 feet to the easterly line of North Clinton Street; thence N. 27° 59' 42" W. a distance of 9.8' to the point and place of beginning. Said easement and right-of-way shall be a permanent easement appurtenant, creating a property right which shall run with the land, for the purpose of ingress and egress by Niagara Mohawk Power Corporation, its successors and assigns to the benefited parcel, identified as the Ash Street Substation located on lot 1A (431 Genant Drive) as shown on the Subdivision Map, and to access, maintain, repair, replace and remove the transformer and containment pad and the two vaults, shown on the Subdivision Map, and any appurtenant facilities or other property of Niagara Mohawk Power Corporation located within said easement, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map and located in the easement area are part of the real property conveyed herein and shall not be deemed to be property of Niagara Mohawk Power Corporation.

ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, from the parcel(s) described in this deed, the permanent right-of-way and easement to operate, maintain, replace and/or remove any and all existing gas and electric facilities, and all appurtenant facilities thereto, as are now erected upon the premises above described, including the full right, privileges and authority to cross lands of the party of the second part to gain access to said facilities, and also including the full right, privileges and authority to cut and remove all trees, structures, and other obstructions within the permanent right-of-way, together with the right to cut and remove any trees outside the permanent right-of-way which in the sole opinion of Niagara Mohawk Power Corporation, its successors and assigns, are deemed likely to interfere with or pose a hazard to the facilities, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this Right-of-Way and Easement.

ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, the permanent right-of-way and easement to oper-

A. 7660 4

ate, maintain, build, construct, replace and/or remove electric and gas distribution facilities within ten (10) feet of the edge of any highway(s) abutting the premises herein deemed necessary by said Niagara Mohawk Power Corporation, its successors and assigns, said easement to include the full right, privilege and authority to cut and remove all trees, structures, and obstructions within said easement deemed necessary by Niagara Mohawk Power Corporation, provided that the Multi-Story Brick Building shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this right-of-way and easement[.]; or

§ 3. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as added by chapter 318 of the laws of 2016, is amended and a new subparagraph (xii) is added to read as follows:

[(x)] (xi) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Greenburgh, County of Westchester and State of New York, being bounded and described as follows:

BEGINNING at a point on the easterly side of Saw Mill River Road where the same is intersected by the division line between premises hereinafter described and lands now or formerly of One Riverdale Ave. Development Co., Inc., said point being North 11 Degrees 23' 24" West 22.83 feet from the former North East corner of Saw Mill River Road and Hunter Lane;

THENCE along said division line, North 82 Degrees 18' 00" East 647.08 feet to land now or formerly of One Riverdale Ave. Development Co., Inc.;

THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of lands now or formerly of Hodes Daniels;

THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet, South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West 120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east side of Saw Mill River Road;

THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGIN- NING[.]; or

(xii) Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under section fifty-three of this chapter to the owner and/or operator of the parcel described in this subparagraph. The legal description for the parcel so identified as the site is as follows:

ALL that certain plot, piece or parcel of land, situate in the Town of Southeast, County of Putnam and State of New York.

BEGINNING at a point on the northerly side of Argonne Road (a/k/a as Old Route #6) where the same is intersected the southwest corner of lands N/F Putnam County Italian-American Social Club, Inc. and which point is the most easterly point of the parcel hereto described:

THENCE from said point of beginning along the dividing line between the southerly side of lands N/F Partners Management, LLC. And the northerly side of Argonne Road, also known as Old Route #6, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to the southeast corner of lands N/F Kane;

THENCE along the southerly line of the parcel herein and the proposed northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees 43 minutes 17 seconds East 195.02 to the point and place of BEGINNING; and

A. 7660 5

All that certain plot, piece or parcel of land, situate, lying and being in the town of Southeast, County of Putnam and State of New York, bounded and described as follows:

BEGINNING at a point on the northerly line of Old Highway from Brewster to US Route #6 leading to Danbury at the southwest corner of land N/F Putnam County Italian-American Social Club, Inc.;

THENCE along said Old Highway, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to a point;

THENCE North 06 degrees 49 minutes 20 seconds West 83.25 feet to a point on the southerly side of NY State Highway #5203 also known as NY Route #22 & US Route #6;

THENCE along said State Highway, North 67 degrees 06 minutes 10 seconds East 35.06 feet to a point and North 76 degrees 43 minutes 20 seconds East 240.80 feet to a point and land N/F Putnam County Italian- American Social Club, Inc.

THENCE along said land, South 21 degrees 37 minutes 10 seconds West 167.77 feet to the North side of Old Highway aforesaid at the point or place of BEGINNING.

§ 4. Subdivision 13 of section 106 of the alcoholic beverage control law, as separately amended by chapters 303 and 318 of the laws of 2016, is amended to read as follows:

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.