Authorizes certain premises to sell liquor.
Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Fuschillo
Excused (4): Diaz, Hassell-Thomps, Johnson, Stavisky
TITLE OF BILL: An act to authorize certain premises to sell liquor
PURPOSE OR GENERAL IDEA OF BILL: This bill would allow the business establishment The Broadalbin Hotel to obtain a liquor license.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends the Alcoholic Beverage Control Law, allowing issuance of a retail license for on-premises consumption of alcohol for a premises within 200 feet of a place of worship, provided that the purpose of such premises is for the sale and consumption of food or beverage, and such premises is within the boundaries of the Village of Broadalbin as directed therein.
JUSTIFICATION: While the Alcoholic Beverage Control Law prohibits the sale for on-premises consumption of alcohol at any location within 200 feet of a place of worship, exceptions have been made for certain establishments that do not pose problems for the place of worship, or the surrounding neighborhood. This bill would exempt the Broadalbin Hotel in the Village of Broadalbin from this provision of law thereby allowing sale and consumption of alcohol in the restaurant. The Broadalbin Hotel has existed since the late 1800's. For most of that time they were authorized to sell alcohol, but unfortunately the license lapsed around the time the establishment was being sold to a new owner.
PRIOR LEGISLATIVE HISTORY: New Bill.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 6770 A. 9585 S E N A T E - A S S E M B L Y March 20, 2012 ___________IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business IN ASSEMBLY -- Introduced by M. of A. BUTLER -- read once and referred to the Committee on Economic Development AN ACT to authorize certain premises to sell liquor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding the provisions of subparagraph (i) of para- graph (a) of subdivision 7 of section 64-a of the alcoholic beverage control law, the authority may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship, provided such premises is located wholly within the boundaries of the village of Broadalbin, Fulton County, New York, bound- ed and described as follows: ALL THAT CERTAIN PIECE, parcel and plot of land together with the building situate thereon located in the Village and Town of Broadalbin, County of Fulton, State of New York and more particularly described as follows: BEGINNING at a point in the center of West Main Street in said Village, at a point where the westerly margin of the lands now and formerly of A.H. and E. Fleszar, or an extension thereof intersects the center of said street, and the easterly line of the lands hereby conveyed, and running thence S 21 degrees 45 E, 419-1/2 feet, more or less, along said lands of Fleszar to the center of Kennyotto Creek; running thence down said creek as it winds and turns in a westerly direction about 222 feet to the lands now or formerly of J.K. Chapman, thence N 27 degrees 45 W, about 208 feet along lands of Chapman to a point; running thence S 78 degrees W, 35-1/4 feet to lands now or formerly of J.G. and M. C. Agnostopulos; thence N 13 degrees 5W along said lands of Agnostopulos and The First Presbyterian Church, 280-1/4 feet to the center of West Main Street; running thence N 75 degrees 40EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15091-01-2 S. 6770 2 A. 9585
E, 235-1/3 feet along said center of said street to the point and place of beginning. EXCEPTING AND RESERVING from the above described premises a tract or parcel of land which is bounded and described as follows: ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the Village of Broadalbin, Fulton County, New York, lying Southerly of Main Street and Easterly of the parsonage of The First Presbyterian Church of Broadalbin and being more particularly bounded and described as follows: BEGINNING at a point on the Southerly margin of Main Street, as estab- lished 24.75 feet Southerly of the centerline of pavement, said point being at the intersection of said Southerly margin with the common line between the lands now or formerly of The First Presbyterian Church of Broadalbin on the West and the lands of John P. Ulrich as described in Book 508 of Deeds at Page 999 on the East; thence running from said point of beginning Easterly along the aforementioned Southerly margin along a curve to the left of radius 1824.75 a distance of 90.00 to a point (the chord for the above described curve being North 77 degrees 73 minutes 35 seconds East 90.00 feet); thence through the lands of Ulrich the following two (2) courses; 1) South 12 degrees 52 minutes 45 seconds East a distance of 120 feet; 2) South 77 degrees 37 minutes 35 seconds West a distance of 90.00 feet to a point on the aforementioned common line between the lands of Ulrich and The First Presbyterian Church of Broadalbin; thence along said common line North 12 degrees 52 minutes 45 seconds West a distance of 120.00 feet to the point or place of begin- ning containing 0.25± acres of land. S 2. This act shall take effect immediately.