What's happening
This bill amends the alcoholic beverage control law to exempt a specific property in Suffern, Rockland County from certain restrictions.
Why it matters
Allows a specific property in Suffern, NY (97-99 Lafayette Avenue) to be exempt from state restrictions. that typically limit the granting of certain alcoholic beverage licenses near schools or places of worship. This means businesses on this property could obtain licenses that would otherwise be prohibited.
Could directly impact local economic development and business opportunities. by enabling restaurants, bars, or similar establishments to operate with a liquor license on this parcel, potentially increasing commercial activity and foot traffic in the area.
Sets a precedent for property-specific exemptions to alcohol laws. , which may encourage other localities or property owners to seek similar carve-outs, possibly altering the balance between state regulation and local business interests.
May affect the immediate neighborhood dynamics. , including concerns from nearby residents, schools, or religious institutions about increased alcohol sales, noise, or changes in community character.
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Who cares
Headline styles
Exempt Land Parcels from Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Signed chap.549
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.276
- Substituted for A6504A
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Amended on third reading 1245a
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.960
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Land Exemption List
Assembly Floor Calendar · Sponsor Ellen C. Jaffee
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1245--A Cal. No. 960
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to the exemption of certain parcels of land
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (xii) of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law, as amended by chapter 453 of the laws of 2018, is amended and a new subparagraph (xiii) is added to read as follows:
(xii) all those tracts or parcels of land, situate in the Tenth Ward of the City of Troy, County of Rensselaer and State of New York, known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A Five (A5) and the southerly portions of Lots Four (4) and A Four (A4), as the same are laid down and described on a certain Map made by Frederick W. Orr, dated August 15, 1918, filed in the Office of the Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises hereby intended to be conveyed are bounded and described as follows:
COMMENCING at an iron rod in the westerly side of River Street at the most southeasterly corner of premises heretofore conveyed by Harry Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed dated November 8, 1940, recorded November 12, 1940 In the Office of the Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and running thence southerly along the westerly line of River Street 215.6 feet to a pipe in the most southeasterly corner of Lot No. A7; thence westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to the easterly shore of the Hudson River; thence northerly along the easterly shore of the Hudson River 216 feet more or less to the most south-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06566-02-9
S. 1245--A 2
westerly corner of land heretofore conveyed by the said Harry Goldberg and Norman Goldberg to Arthur E. Collins and another hereinbefore recited; thence along the southerly line of lands heretofore conveyed to said Collins and another easterly 31.75 feet; thence northerly 6.33 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence easterly 150.57 feet to the point or place of beginning.
EXCEPTING THEREFROM that portion of the above described premises as were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215, Containing 17,600 square feet of land more or less.
BEARINGS refer to the magnetic meridian of 1993. Said premises are also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage and depth 115.60 x 220.00 being the same premises described in Book 6534 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being the same premises in the 2009 City of Troy Assessment Rolls and 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; or
(xiii) any such premises or business located on that certain piece or parcel of land, or any subdivision thereof, situate, lying and being in the Village of Suffern, Town of Ramapo, County of Rockland and State of New York, addressed as 97-99 Lafayette Avenue, Suffern, New York, identified for tax purposes by the Town of Ramapo - 2000 County/Town Tax Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification No. 54.35-2-54, bounded and described as follows:
BEGINNING at a point on the Westerly side of Washington Avenue, where the same is intersected by the Northerly line of lands now or formerly of the Village of Suffern (Sect. 168, Lot 284), said point also being the Southeasterly corner of the premises herein intended to be described.
RUNNING THENCE North 76 degrees 15 minutes West along the Northerly line of lands now or formerly of the Village of Suffern a distance of 210.30 feet to a point; THENCE South 13 degrees 45 minutes West along the Westerly line of lands now or formerly of the Village of Suffern a distance of 78.75 feet to a point; THENCE North 76 degrees 28 minutes West along the Northerly line of lands now or formerly of the Village of Suffern a distance of 96.30 feet to a point; THENCE North 13 degrees 32 minutes East a distance of 117.60 feet to a point; THENCE South 76 degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North 13 degrees 32 minutes East a distance of 54.80 feet to a point; THENCE South 76 degrees 15 minutes East a distance of 91.00 feet to a point; THENCE North 13 degrees 45 minutes East along the Easterly line of lands now or formerly of Mirando (Sect. 168. Lot 239A) a distance of 123.25 feet to a point on the Southerly side of Lafayette Avenue; THENCE South 59 degrees 56 minutes 42 seconds East along the Southerly side of Lafayette Avenue a distance of 176.92 feet to a point; THENCE Southeasterly along the Southerly side of Lafayette Avenue, on a curve to the right having a radius of 58.97 feet an arc distance of 76.88 feet to a point; THENCE South 14 degrees 45 minutes West along the Westerly side of Washington Avenue a distance of 109.22 feet to the point or place of BEGIN- NING.
Being the same premises described in a deed dated June 11, 1999 from Westchester Realty Group LLC to Marandy Realty Associates, LLC and recorded in the Rockland County Clerk's Office on June 24, 1999 Instrument ID # 1999-00033893.
S. 1245--A 3
The premises described above are more particularly described after field survey by A.R. Sparaco, Jr., P.L.S. dated June 13, 2000, as follows:
ALL THAT TRACT, piece or parcel of land with the buildings and improvements thereon in the Village of Suffern, Town of Ramapo, Rockland County, New York, Tax Map Reference Section 16B; Lots 239 B and 254, bounded and described as follows:
BEGINNING at a cross-cut in the westerly line of Washington Ave. (50 feet wide) where the same is intersected by the northerly line of lands of the Village of Suffern (formerly Washington Ave. School) and running thence; North 78° 42' 52" West 211.11' along the northerly line of lands of the Village of Suffern to an iron pipe; thence, South 11° 03' 40" West 78.38' continuing along said lands to a PK nail; thence, North 79° 21' 20" West 96.30' continuing along said lands to an iron pipe; thence, North 10° 21' 09" E 117.12' along lands now or formerly of Meadows to a point; thence, South 79°00'00" East 6.00' to a point in the centerline of an old right of way; thence, North 12°50'10" East 55.32' along the centerline of an old right of way to an iron pipe; thence, South 79°00'00" East 91.04' crossing through said right of way and continuing along the southerly line of lands now or formerly of Miranda to a cross cut; thence, North 11°15'34" East 123.37' along the easterly line of said lands to a cross cut in the southerly line of Lafayette Ave.; thence, South 62°34'00" East 165.97' along the assumed southerly line of Lafayette Ave. to a point of curvature; thence, Southeasterly along a curve to the right having a radius of 72.00' and an arc distance of 93.43' continuing along the same to a point of tangency in the westerly line of Washington Ave; thence, South 11°47'00" West 100.86' along the westerly line of Washington Ave. to the point or place of BEGINNING.
Containing 1.267 acres of land more or less.
SUBJECT to utility easements described in Uber 1016, page 487, Liber 1038, page 977, Book 340, page 1277.
SUBJECT TO a 6' wide easement for ingress and egress as described in Liber 318, page 4.
TOGETHER with a 6' wide and 12' wide right of way as described in Liber 318, page 4.
SUBJECT TO any other easements, rights of ways or restrictions of record.
Being the same premises described in a deed dated June 11, 1999 from Westchester Realty Group LLC to Marandy Realty Associates, LLC and recorded in the Rockland County Clerk's Office on June 24, 1999 Instrument ID #1999-00033893.
§ 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 the exemption of certain parcels of land
Purpose
To add a parcel of land in the Village of Suffern in the Town of Ramapo in the County of Rockland to the list of premises which are exempt from the provisions of law which generally restrict manufacturers, whole- salers and retailers from sharing an interest in a liquor license.
Summary of provisions
Amends Sections 106 (13) of the Alcoholic Beverage Control Law, which restrict the relationships between manufacturers, wholesalers and retailers, by adding a specific parcel of land in the Village of Suffern to the list of parcels which are exempt from these laws.
Existing law
Current law restricts ownership interests between alcohol manufacturers, wholesalers and retailers. However, the law has been amended on occasion to create specific exemptions from these general prohibitions for specific parcels of land.
Justification
This bill seeks to assist the economic revitalization of the Village of Suffern by enabling the historic Lafayette Theater to apply for a liquor license. The Theater is an important part of the cultural life and economic vitality of the Village of Suffern, and this legislation will ensure its future is secure in the community. The theatre's owner has an interest in two small wineries in Croatia that would prohibit him from obtaining a retail license at this location.
Since the 1930s, when Prohibition was repealed, New York State law has restricted owners of alcohol manufacturer's licenses, wholesale licenses and retail licenses from having an interest in each other. Efforts have been underway to propose a comprehensive update of the Alcoholic Bever- age Control Law, and these types of ownership issues will likely be evaluated as part of any such review. In the meantime, this bill creates a limited exception to allow a manufacturer to operate an alcohol retail operation in the Theater. The Alcoholic Beverage Control Law has previ- ously been amended to create a specific, limited exemptions from the "tied house" restrictions. This bill would create a similar exemption in recognition of the cultural and economic value of the Lafayette Theater to the Village of Suffern.
Legislative history
2017-18: S9095/A11252 - RULES/economic development
Fiscal implications
None.
Local fiscal implications
The affected parcel has previously been an important economic contribu- tor to the Village of Suffern and will help generate sales tax and prop- erty tax revenues for the village, as well as for the Town of Ramapo and County of Rockland.
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.