What's happening
This bill allows a specific Manhattan property to receive a liquor license, with restrictions on selling alcohol from businesses it owns.
Why it matters
Creates a specific carve-out for a single property. The bill allows only a particular, precisely described property on Third Avenue and East 74th Street in Manhattan to obtain a retail liquor license, bypassing general restrictions that might otherwise apply.
Limits cross-ownership sales. While granting the license, it prohibits the property’s owner, lessor, or operator from selling alcohol on the premises if it’s produced or wholesaled by any business in which they hold any direct or indirect interest. This aims to prevent self-dealing or conflicts of interest.
Could set a precedent for similar exceptions. By making an exception for one property, the bill could encourage other property owners to seek similar legislative carve-outs, potentially undermining uniform application of liquor licensing laws.
Reflects influence of real estate or business interests. The highly specific nature of the bill suggests it may have been prompted by lobbying or requests from particular stakeholders, highlighting how legislative processes can be used to address individual property or business concerns.
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Who cares
Headline styles
Allow Liquor License on Third Ave
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2530
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to licenses to sell at retail for consumption on the premises
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 13-a to read as follows:
13-a. (a) Notwithstanding the provisions of subdivision thirteen of this section the state liquor authority may issue a license under section eighty-one-a of this chapter to the owner, lessor and/or operator of parcel or parcels described in this paragraph:
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side of Third Avenue and the northerly side of East Seventy-fourth Street; running thence NORTHERLY along the westerly side of Third Avenue, 76 feet 8 inches; thence WESTERLY parallel with East Seventyfourth Street, 100 feet; thence SOUTHERLY parallel with Third Avenue, 76 feet 8 inches to the northerly side of East Seventy-fourth Street; and thence EASTERLY along the northerly side of East Seventy-fourth Street, 100 feet to the corner formed by the intersection of the northerly side of East Seventy-fourth Street and the westerly side of Third Avenue, to the point or place of BEGINNING.
(b) Provided, however, that the owner, lessor and/or operator of a licensed premises described in paragraph (a) of this subdivision is prohibited from selling any alcoholic beverages manufactured or sold at wholesale by any business that it has any direct or indirect interest in.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03940-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to licenses to sell at retail for consumption on the premises
Purpose
The purpose of this legislation is to allow Cosmoledo, operating as Maison Kayser, to apply for a beer and wine license at one of its locations in New York City.
Summary of provisions
Section one of this bill amends section 106 of the Alcoholic Beverage Control Law by adding a new subdivision 13-a that specifically exempts one location New York City from the prohibition against a manufacturer applying a beer and wine on premises license. In addition, this legislation will prohibit the sale of any alcoholic beverage(s) manufactured or sold at wholesale by any business in which the applicant has any direct or indirect interest.
Section two of this bill provides that this act shall take effect immediately.
Justification
Maison Kayser is a French bakery with multiple locations in Manhattan. The company started in Paris and has expanded globally to locations as diverse and as distant as Moscow and Hong Kong. There are currently seven (7) New York City locations and it is anticipated that another five (5) will be added over the course of the next twelve (12) months.
Additionally, Maison Kayser is making a large investment in the South Bronx. They are currently constructing a 20,000 square foot baking facility at 711 East 135th Street in the Bronx to service their Cafes in Manhattan. This facility has received funding from the Governor's regional council including low cost power through RechargeNY. They are also considering purchasing another property across the street at 688 East 135th Street, which will add an additional 20,000 square feet. In 2016, Maison Kayser has doubled the number of stores it operates in New York City and will employ at least 1000 full time people, with over 250 in the Bronx by the end of this year. Maison Kayser receives training grants from the State. These grants can and will be used to train and hire new employees from the Bronx.
Maison Kayser expects that there will be over 400 employees at the Bronx commissary by the end of 2016. When the second commissary is constructed across the street, that there will be an additional 400 new jobs in the South Bronx.
The "tied house rule" is an outdated, Prohibition era relic of New York's liquor laws that has not kept pace with the times and is significantly restricting economic development, consumer choice and job creation in many New York State and New York City neighborhoods. While this law was created during the prohibition era to essentially encourage competition, one of its clear impacts today is to prevent high quality, healthy, full service restaurants from opening and creating jobs.
It is important to note the exemption sought would be strictly limited to one location and Maison Kayser or any of its affiliates or assigns not be able to sell their own products. Moreover, these amendments do nothing to change the requirements set out by the State Liquor
Authority in granting a license. Maison Kayser would still need to apply for a license and meet all requirements for licensure.
Legislative history
2016: S.4919-A - Passed the Senate 2015: S.4919 - Passed the Senate
Fiscal implications
None
Local fiscal implications
Substantial increase in sales tax revenues and increased employment
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.