Exempts certain property from the prohibition of alcohol sales within a certain distance of a church, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in  relation  to  an
   exemption  for  certain property from the prohibition of alcohol sales
   within a certain distance of a church

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 105 of the alcoholic beverage
 control law is amended by adding a new paragraph (d) to read as follows:
   (D) THE PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  TO  PREMISES
 LOCATED  WHOLLY  WITHIN  THE BOUNDARIES OF THE COUNTY OF WARREN, BOUNDED
 AND DESCRIBED AS FOLLOWS:
   ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN THE  CITY  OF  GLENS
 FALLS,  COUNTY  OF  WARREN,  NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY SIDE OF  GLEN  STREET
 WITH THE NORTHWESTERLY SIDE OF SOUTH STREET AND RUNNING THENCE ALONG THE
 SOUTHWESTERLY  SIDE  OF  GLEN  STREET  NORTH  51 DEGREES 51 MINUTES WEST
 SIXTY-FIVE AND FIFTY-TWO ONE HUNDREDTHS FEET (65.52) TO PREMISES NOW  OR
 FORMERLY  OWNED  BY  DANIEL  L.  ROBERTSON, BEING THE STORE LOT FORMERLY
 OWNED BY RULIFF KIPP; THENCE SOUTH 38 DEGREES 9 MINUTES WEST  ALONG  THE
 SOUTHEASTERLY  SIDE  OF  SAID  ROBERTSON  LOT  NINE  AND FIFTY-EIGHT ONE
 HUNDREDTHS FEET (9.58) TO A POINT AT THE  SOUTHEASTERLY  CORNER  OF  THE
 FOUNDATION  OF  THE  BUILDING  ON  SAID  ROBERTSON  PROPERTY  AND AT THE
 NORTHEASTERLY CORNER OF THE FOUNDATION OF THE BUILDING ON  THE  PREMISES
 HEREIN  DESCRIBED  AND  CONTINUING ON THE SAME COURSE AND ALONG THE SAID
 SOUTHEASTERLY SIDE OF SAID ROBERTSON LOT ONE HUNDRED TEN AND THIRTY-NINE
 ONE-HUNDREDTHS FEET (110.39) (SAID COURSE BEING IN ALL ONE HUNDRED NINE-
 TEEN AND NINETY-SEVEN ONE HUNDREDTHS FEET (119.97) TO THE  NORTHEASTERLY
 LINE  OF  THE  PREMISES  FORMERLY  OWNED BY COLVIN & PARKS UPON WHICH IS
 CONSTRUCTED THE EMPIRE THEATRE; THENCE ALONG SAID NORTHEASTERLY LINE  OF
 SAID  COLVIN & PARKS (NOW EMPIRE THEATRE LOT) SOUTH 48 DEGREES 2 MINUTES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13311-03-5
 A. 8795                             2
 
 EAST EIGHTEEN AND THIRTY-FIVE ONE-HUNDREDTHS FEET (18.35)  TO  AN  ANGLE
 POINT  IN  SAID  PROPERTY  LINE OF LANDS FORMERLY OF COLVIN & PARKS (NOW
 EMPIRE THEATRE LOT) WHICH POINT IS NORTH  58  DEGREES  32  MINUTES  WEST
 SIXTY-TWO   AND   SEVENTY-FOUR  ONE-HUNDREDTHS  FEET  (62.74)  FROM  THE
 NORTHWESTERLY  SIDE  OF  SOUTH  STREET;  THENCE  CONTINUING  ALONG   THE
 NORTHEASTERLY LINE OF SAID COLVIN & PARKS (NOW EMPIRE THEATRE LOT) SOUTH
 58  DEGREES  32  MINUTES  EAST SIXTY-TWO AND SEVENTY-FOUR ONE-HUNDREDTHS
 FEET (62.74) TO THE NORTHWESTERLY SIDE OF SOUTH STREET AND TO A POINT 12
 FEET MEASURED ALONG SAID NORTHWESTERLY SIDE OF  SOUTH  STREET  FROM  THE
 SOUTHEASTERLY  CORNER OF THE FOUNDATION OF THE BUILDING ON SAID PREMISES
 HEREIN DESCRIBED (FORMERLY AMERICAN HOTEL AND LATER HOTEL RULIFF AND NOW
 PLAZA HOTEL); THENCE ALONG THE SAID NORTHWESTERLY  SIDE  OF  SAID  SOUTH
 STREET  NORTH  30 DEGREES 36 MINUTES EAST ONE HUNDRED FOURTEEN AND NINE-
 TY-ONE HUNDREDTHS FEET (114.90) TO THE POINT OR PLACE OF BEGINNING.
   "RESERVING, HOWEVER, THE RIGHT OF WAY BETWEEN THE SAID COLVIN &  PARKS
 LINE  AND  THE SAID PLAZA HOTEL BUILDING AND ALONG THE NORTHERLY LINE OF
 SAID COLVIN & PARKS PROPERTY SUFFICIENT FOR TEAMS TO  PASS  THROUGH  AND
 FOR  ALL PEDESTRIANS SEEKING INGRESS AND EGRESS FROM SAID COLVIN & PARKS
 LAND WHICH RIGHT OF WAY SHALL NOT BE OBSTRUCTED OR  BUILT  OVER  BY  THE
 OWNER OF THE PREMISES HEREIN DESCRIBED, ITS SUCCESSORS OR ASSIGNS."
   EXCEPTING AND RESERVING FROM THE FOREGOING, THE UNDERGROUND PASSAGEWAY
 OR  VAULT,  LOCATED IN THE ALLEY EXTENDING WESTERLY FROM SOUTH STREET IN
 SAID CITY OF GLENS FALLS, BESIDE THE BUILDING LOCATED ON THE  LANDS  NOW
 OR  FORMERLY OF EMPIRE REAL ESTATE & THEATRE CO., AS DESCRIBED IN A DEED
 FROM J.E. BENNETT AND NICHOLAS KAKOULIS TO  NEW  YORK  POWER  AND  LIGHT
 CORPORATION,  DATED  THE  13TH DAY OF NOVEMBER, 1942 AND RECORDED IN THE
 WARREN COUNTY CLERK'S OFFICE ON THE 16TH DAY OF JANUARY,  1943  IN  BOOK
 223  OF DEEDS AT PAGE 535, TOGETHER WITH THE RIGHTS OF WAY AND EASEMENTS
 THEREIN PROVIDED.
   § 2. This act shall take effect immediately.