Bill S5829-2011

Relates to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

Relates to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer for certain premises in the county of Erie.

Details

Actions

  • Feb 14, 2012: referred to economic development
  • Feb 14, 2012: DELIVERED TO ASSEMBLY
  • Feb 14, 2012: PASSED SENATE
  • Jan 23, 2012: ADVANCED TO THIRD READING
  • Jan 19, 2012: 2ND REPORT CAL.
  • Jan 18, 2012: 1ST REPORT CAL.37
  • Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 23, 2011: referred to economic development
  • Jun 23, 2011: DELIVERED TO ASSEMBLY
  • Jun 23, 2011: PASSED SENATE
  • Jun 23, 2011: ORDERED TO THIRD READING CAL.1537
  • Jun 20, 2011: REFERRED TO RULES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Jan 18, 2012
Ayes (11): Alesi, Griffo, Johnson, McDonald, Robach, Ritchie, Kennedy, Espaillat, Hassell-Thompson, Parker, Stewart-Cousins
Ayes W/R (1): Fuschillo

Memo

BILL NUMBER:S5829

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to authorizing the liquor authority to issue certain licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

PURPOSE OR GENERAL IDEA OF BILL: This bill amends the Alcohol Beverage Control law, allowing issuance of a retail license for on premises consumption of alcohol at 338 Ellicott St., 437 Ellicott St., 90 Pearl St., and 326 to 330 Amherst St., all in Buffalo, NY.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 10 of section 64-c of the alcoholic beverage control law, as added by chapter 538 of the laws of 1997, is amended to add a section (a) that reads; except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other premises in this state where alcoholic beverages are manufactured of sold. Any person who has an interest in premises eligible for conversion under subdivision nine of this section shall not be issued any license under this section unless and until a conversion application has been filed with and approved by the authority.

JUSTIFICATION: In most developing urban downtowns like Buffalo the first thing to arrive in terms of that new development is housing. There is well over 2000 people living in downtown Buffalo and the next phase of development will be the establishment of new small restaurants. There are several properties in downtown Buffalo expected to open new restaurants in the next 12 months. This legislation would allow a business owner with an existing restaurant brewery to open up new restaurants downtown thereby developing currently vacant property creating jobs, and attracting thousands of new customers to these new locations once they are established.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: No fiscal implications to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5829 2011-2012 Regular Sessions IN SENATE June 20, 2011 ___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law, in relation to authorizing the liquor authority to issue certain licenses to manufac- ture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 64-c of the alcoholic beverage control law, as added by chapter 538 of the laws of 1997, is amended to read as follows: 10. (A) Except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other prem- ises in this state where alcoholic beverages are manufactured or sold. Any person who has an interest in premises eligible for conversion under subdivision nine of this section shall not be issued any license under this section unless and until a conversion application has been filed with and approved by the authority. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING PREMISES: ALL THAT TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF INNER LOT NO. 200, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF ELLICOTT STREET WHERE SAID WEST LINE IS INTERSECTED BY THE SOUTHERLY LINE OF SAID INNER LOT NO. 200, WHICH POINT IS ONE HUNDRED EIGHTY-NINE AND SIX TENTHS (189.60) FEET SOUTH OF THE INTERSECTION OF SAID WEST LINE OF ELLICOTT STREET WITH THE SOUTH LINE OF HURON STREET; RUNNING THENCE WESTERLY ALONG THE SOUTH LINE
OF SAID INNER LOT NO. 200, ONE HUNDRED (100) FEET; THENCE NORTHERLY PARALLEL WITH ELLICOTT STREET FORTY-EIGHT AND FIVE HUNDREDTHS (48.05) FEET; THENCE EASTERLY AND AT RIGHT ANGLES TO ELLICOTT STREET EIGHTEEN AND THIRTY-SIX HUNDREDTHS (18.36) FEET; THENCE SOUTHERLY ONE (1) FOOT MORE OR LESS TO A DIVISION LINE OF THE NORTHERLY WALL OF BUILDING KNOWN AS NO. 338-342 ELLICOTT STREET AND SOUTHERLY WALL OF BUILDING KNOWN AS NO. 346 ELLICOTT STREET: THENCE EASTERLY AND AT RIGHT ANGLES TO ELLICOTT STREET EIGHTY-ONE AND SIXTY-FOUR HUNDREDTHS (81.64) FEET TO THE WESTERLY LINE OF ELLICOTT STREET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF ELLICOTT STREET FORTY-SIX AND SEVENTY-TWO HUNDREDTHS (46.72) FEET TO THE POINT OR PLACE OF BEGINNING. (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING PREMISES: BEGINNING AT A POINT IN THE EASTERLY LINE OF ELLICOTT STREET ONE HUNDRED EIGHTY-FIVE (185) FEET NORTHERLY FROM THE INTERSECTION OF THE NORTHERLY LINE OF CHIPPEWA STREET WITH THE EASTERLY LINE OF ELLICOTT STREET ABOUT ONE HUNDRED EIGHTEEN (118) FEET; THENCE WESTERLY ONE HUNDRED TWENTY-NINE AND FIVE HUNDREDTHS (129.05) FEET TO ELLICOTT STREET; THENCE SOUTHERLY ON THE EAST LINE OF ELLICOTT STREET TWENTY-FOUR (24) FEET TO THE PLACE OF BEGINNING, BE THE SAME MORE OR LESS. (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING PREMISES. ALL THAT TRACT OR PARCEL OF LAND, SITUATED IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF INNER LOT NUMBER SEVENTY-ONE (71), DESCRIBED AS FOLLOWS: BEGINNING IN THE WESTERLY LINE OF PEARL STREET AT THE SOUTHEAST CORNER OF INNER LOT NUMBER SEVENTY ONE (71), WHICH IS ALSO THE NORTH LINE OF INNER LOT NUMBER SEVENTY (70), ONE HUNDRED TWENTY AND THREE TWELFTHS (120 3/12) FEET TO A POINT DISTANT EASTERLY FROM THE EASTERLY LINE OF FRANKLIN STREET ONE HUNDRED TWELVE (112) FEET MEASURED ALONG SAID SOUTH LINE OF INNER LOT NUMBER SEVENTY-ONE (71), WHICH POINT IS THE SOUTHEAST CORNER OF A CERTAIN "COURT" DESCRIBED IN DEED RECORDED IN THE ERIE COUN- TY CLERK'S OFFICE IN LIBER 1316 OF DEEDS AT PAGE 210; RUNNING THENCE NORTHERLY PARALLEL WITH FRANKLIN STREET AND ALONG THE EASTERLY LINE OF THE "COURT" LAST MENTIONED EIGHTY (80) FEET MORE OR LESS TO THE NORTH LINE OF INNER LOT NUMBER SEVENTY-ONE (71); THENCE EASTERLY ALONG THE SAID NORTH OF INNER LOT NUMBER SEVENTY-ONE (71); ONE HUNDRED TWENTY AND THREE TWELFTHS (120 3/12) FEET MORE OR LESS TO THE WESTERLY LINE OF PEARL STREET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF PEARL STREET SEVENTY-NINE HUNDREDTHS (79.97) FEET TO THE PLACE OF BEGINNING. (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE, TO THE HOLDER OF A RESTAURANT-BREWER'S LICENSE, A RETAIL LICENSE FOR ON PREMISES CONSUMPTION FOR THE FOLLOWING PREMISES: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 248 OF THE PARISH TRACT SO CALLED, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF AMHERST STREET 445 FEET WESTERLY FROM THE INTERSECTION WITH THE WESTERLY LINE OF GRANT STREET; THENCE NORTHERLY AT RIGHT ANGLES TO AMHERST STREET, 175.22 FEET; THENCE WESTERLY 37.49 FEET; THENCE SOUTHERLY PARALLEL WITH THE FIRST DESCRIBED
LINE 162.79 FEET TO AMHERST STREET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF AMHERST STREET 35 FEET TO THE PLACE OF BEGINNING. ALL THAT TRACT OR PARCEL OF LAND, SITUATED IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PARK OF LOT NUMBER TWO HUNDRED FORTY-EIGHT (248) OF THE PARISH TRACT, SO CALLED, AND FURTHER DISTINGUISHED AS THE EAST FIFTEEN (15) FEET OF SUBDIVISION LOT NUMBER NINE (9) AND THE WEST TWENTY (20) FEET OF SUBDIVISION LOT NUMBER ELEVEN (11) AS SHOWN AS MAP FILED IN ERIE COUNTY CLERK'S OFFICE UNDER COVER NUMBER 24, AMHERST STREET, NORTHWEST SIDE, FOUR HUNDRED FIFTY (450) FEET EAST OF MILITARY ROAD. S 2. This act shall take effect immediately.

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