What's happening
This bill allows the State Liquor Authority to issue on-premises retail alcohol licenses for a specified property in Brooklyn, NY, with restrictions on selling alcohol from businesses in which the licensee has an interest.
Why it matters
Creates a special exception. to New York's alcohol licensing laws, allowing the State Liquor Authority to issue an on-premises retail license for a specifically defined property in Brooklyn (208-230 Joralemon St./45-63 Court St.), overriding general restrictions that might otherwise apply.
Targets a unique property scenario. the bill singles out a particular condominium unit and its associated land, potentially enabling retail alcohol service in a government or institutionally owned building that would otherwise be ineligible.
Prevents conflict of interest and vertical integration. by prohibiting the licensee from selling alcohol produced or wholesaled by any business in which they have a direct or indirect financial interest, ensuring a separation between retail and wholesale/manufacturing operations.
May set a precedent or open doors for other properties. seeking individual legislative carve-outs for alcohol licensing, signaling that lawmakers are willing to intervene in specific cases where local development or business needs conflict with existing state law.
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Who cares
Headline styles
Allow New Liquor License
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
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2561
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 City of New York, County of Kings and State of New York, and more particularly bounded and described as follows:
THE CONDOMINIUM UNIT (hereinafter referred to as the "Unit") in the building (hereinafter referred to as the "Building") known as 210 Joralemon Street Condominium and by the Street Number 208-230 Joralemon Street a/k/a 45-63 Court Street, County of Kings, State of New York, said Unit being designated and described as Retail Unit (RU) in a Declaration dated 4/18/1.2 made by The City of New York, acting by and through its Department of Citywide Administrative Services, pursuant to Article 9-B of the Real Property Law of the State of New York (hereinafter referred to as the "Condominium Act") establishing a Plan for condominium ownership of the Building and the Land (hereinafter referred to as the "land") upon which the building is situate (which land is more particularly described in Exhibit A annexed hereto and by this reference made a part hereof), which Declaration was recorded in the Office of the City Register of the City of New York, County of Kings, on 4/24/12, as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03930-01-7
S. 2561 2
CRFN 2012000163630, as amended by First Amendment to Declaration dated 7/9/13 and recorded 8/14/13 as CRFN 2013000321931 (which Declaration and Amendments (if applicable) thereto are hereinafter collectively referred to as the "Declaration"). This Unit is also designated as Tax Lot 1002 in Block 266 of the County of Kings on the Tax Map of the Real Property Assessment Department and on the Floor Plans of the Building, Certified by Sherida E. Paulson, Architects, on 439/12 and filed with the Real Property Assessment Department on 4/20/12 as Condominium Plan No. 3197 and also filed in the Office of the City Register of the City of New York, County of Kings, on 4/24/12 as Condominium Map No. 2012000163631.
TOGETHER with an undivided 10.5% interest in the Common Elements (as such term is defined in the Declaration).
TOGETHER with and SUBJECT to the rights, obligations, easements, restrictions and other provisions set forth in the Declaration, Floor plans and the By-Laws of 210 Joralemon Street Condominium, as the same may be amended from time to time (herein after referred to as the "By-Laws"), all of which shall constitute covenants running with the Land and shall bind any person having at any time any interest or estate in the Unit, as though recited and stipulated at length herein.
The land on which the building and unit is located is situated in the County of Kings and State of New York and is more fully described in the Declaration of Condominium recorded in the Office of the City Register of the City of New York, County of Kings, on 4/24/12, as CRFN 2012000163630, as amended.
ALL THAT CERTAIN, plot, piece or parcel of land, situate, lying and being in the Borough of Brooklyn, County of Kings and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Joralemon Street with the easterly side of Court Street;
RUNNING THENCE easterly along the southerly side of Joralemon Street, a distance of 273 feet 9 inches of the lands now of formerly of Brooklyn Law School;
THENCE southerly along a line forming an interior angle of 88 degrees 24 minutes 15 seconds with the last mentioned line and running along the westerly side of lands now or formerly of Brooklyn Law School, a distance of 179 feet 7-3/4 inches;
THENCE easterly along a line forming an exterior angle of 97 degrees 19 minutes 37 seconds with the last mentioned line and running along the southerly line of lands now or formerly of Brooklyn Law School a distance of 13 feet 3 5/8 inches;
THENCE southerly at right angles to the last mentioned line and continuing along the westerly line of lands now of formerly of Brooklyn Law School a distance of 3 feet 11 3/4 inches to lands now or formerly of 111 Livingston LLC;
THENCE southerly along a line forming an interior angle of 90 degrees 36 minutes 24 seconds with the northerly side of Livingston Street and running along the westerly line of lands now or formerly of 111 Livingston LLC, a distance 164 feet 1/8 inches to the northerly side of Livingston Street;
THENCE westerly along the northerly side of Livingston Street a distance of 36 feet 2 inches to lands now or formerly of 85 Livingston Tenants Corp;
THENCE northerly along a line forming an exterior angle of 90 degrees 48 minutes with the last mentioned course and along the lands now or formerly of 85 Livingston Tenants Corp a distance, 150 feet;
S. 2561 3
THENCE westerly along a line forming an exterior angle of 89 degrees 12 minutes with the last mentioned course and along the lands now or formerly of 85 Livingston Tenants Corp and continuing along the lands now or formerly of the New York City Board of Education a distance of 221 feet 2 inches;
THENCE southerly on a line forming an exterior angle of 90 degrees 40 minutes with the last mentioned course and along the lands now or formerly of the New York City Board of Education a distance 23 feet 4-1/2 inches;
THENCE westerly on a Tine forming an interior angle of 90 degrees 34 minutes 05 seconds with the last mentioned course and continuing along the lands now or formerly of the New York City Board of Education a distance 50 feet to the easterly side of Court Street; and
THENCE northerly along the easterly side of Court Street, 180 feet 3 inches to the corner formed by the intersection of the southerly side of Joralemon Street with the easterly side of Court Street 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.
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 eleven (11) New York City locations and it is anticipated that another three (3) 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 2017. 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.6603 - 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.