Relates to a license to sell liquor at retail for consumption on certain premises in the city of Kingston, Ulster County.
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 amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises
PURPOSE: This bill would allow Tony's Pizzeria to be eligible to obtain a liquor license.
SUMMARY OF 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 Ulster County as directed therein.
JUSTIFICATION: This legislation was requested by Tony's Pizzeria. 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 Tony's Pizzeria in Kingston from this provision of law thereby allowing sale and consumption of alcohol in the restaurant.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6986 IN SENATE April 19, 2012 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the alcoholic beverage control law, in relation to a license to sell liquor at retail for consumption on certain premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-4) to read as follows: (E-4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP- TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ULSTER, BOUNDED AND DESCRIBED AS FOLLOWS: THOSE THREE BUILDING LOTS SITUATE ON THE NORTHEASTERLY SIDE OF UNION AVENUE IN THE CITY OF KINGSTON, BETWEEN THOMAS AND CORNELL STREETS, KNOWN AND DISTINGUISHED UPON A MAP OF THE PROPERTY OF THE ESTATE OF SAID THOMAS CORNELL MADE BY B.B. CODWISE, CIVIL ENGINEER, BEARING DATE APRIL 11TH, 1888, AS LOT FIVE (5) SIX (6) AND SEVEN (7) UPON SAID MAP, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST CORNER OF LOT SEVEN WHICH IS ALSO THE CORNER OF CORNELL STREET, WHERE IT INTERSECTS WITH UNION AVENUE, AND RUNS FROM THENCE IN THE SOUTHERLY BOUNDS OF CORNELL STREET, N. 48 DEGREES 10' EAST THE DISTANCE OF ONE HUNDRED AND THIRTY-EIGHT (138) FEET, TO THE SOUTH BOUNDS OF LOT (8) EIGHT AS LAID DOWN UPON SAID MAP, THENCE ALONG IN THE SOUTH BOUNDS OF LOT (8) AFORESAID S. 41 DEGREES 50' EAST ALONG THE REAR OF LOTS SEVEN, SIX AND FIVE (7, 6 & 5) AS AFORESAID THE DISTANCE OF SEVENTY-TWO (72) FEET TO A LOT OF LAND OWNED BY MAX OPPENHEIMER AND KNOWN ON SAID MAP AS LOT FOUR (4); THENCE IN THE DIVISION LINE BETWEEN LOT FOUR AND FIVE AS LAID DOWN UPON SAID MAP, SOUTH 48 DEGREES 10' W.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15089-01-2 S. 6986 2
ONE HUNDRED AND TWENTY-TWO (122) FEET, AND FIFTY-FOUR HUNDREDTHS OF A FOOT (122 54/100 FEET) TO THE NORTHEASTERLY BOUNDS OF SAID UNION AVENUE; THENCE ALONG IN SAID NORTHEASTERLY BOUNDS OF SAID UNION AVENUE NORTH 53 DEGREES 57' WEST ALONG THE FRONT OF SAID LOTS FIVE, SIX AND SEVEN (5, 6 & 7) THE DISTANCE OF SEVENTY-THREE FEET AND SIXTY-FIVE HUNDREDTHS OF A FOOT (73 65/100 FEET) TO THE PLACE OF BEGINNING; AND A PART OF SAID PREMISES BEING A PART OF THE SAME THAT WAS CONVEYED TO THOMAS CORNELL BY JANSEN HASBROUCK AND WIFE BEARING DATE MARCH 3, 1877 AND RECORDED IN THE OFFICE OF THE CLERK OF ULSTER COUNTY IN BOOK NO. 204 OF DEEDS AT PAGE 403 MARCH 6TH, 1877, THE BALANCE OF THE PROPERTY HEREINBEFORE DESCRIBED AND HEREIN INTENDED TO BE CONVEYED WAS CONVEYED TO THOMAS CORNELL BY JAMES E. OSTRANDER AND WIFE BY DEED BEARING DATE FEBRUARY 8TH, 1869, AND RECORDED IN ULSTER COUNTY CLERK'S OFFICE IN BOOK 175 OF DEEDS AT PAGE 29, FEBRUARY 6TH, 1872. S 2. This act shall take effect immediately.