N.Y. Alco. Bev. Cont. Law § 106

§ 106. Provisions governing licensees to sell at retail for\nconsumption on the premises. 1. No retail license for on-premises\nconsumption shall be granted for any premises, unless the applicant\nshall be the owner thereof, or shall be in possession of said premises\nunder a lease, management agreement or other agreement giving the\napplicant control over the food and beverage at the premises, in\nwriting, for a term not less than the license period except, however,\nthat such license may thereafter be renewed without the requirement of a\nlease, management agreement or other agreement giving the applicant\ncontrol over the food and beverage at the premises, as herein provided.\nThis subdivision shall not apply to premises leased from government\nagencies, as defined under subdivision twelve-c of section three of this\nchapter; provided, however, that the appropriate administrator of such\ngovernment agency provides some form of written documentation regarding\nthe terms of occupancy under which the applicant is leasing said\npremises from the government agency for presentation to the state liquor\nauthority at the time of the license application. Such documentation\nshall include the terms of occupancy between the applicant and the\ngovernment agency, including, but not limited to, any short-term leasing\nagreements or written occupancy agreements.\n 2. (a) No retail licensee for on-premises consumption, except\ncorporations operating railroad cars or aircraft being operated on\nregularly scheduled flights by a United States certificated airline or\npersons or corporations operating a hotel, as defined in subdivision\nfourteen of section three of this chapter, for exclusive use in the\nfurnishing of room service in the manner prescribed by rule or\nregulation of the state liquor authority, shall keep upon the licensed\npremises any liquors and/or wines in any cask, barrel, keg, hogshead or\nother container, except in the original sealed package as received from\nthe manufacturer or wholesaler. Such containers shall have affixed\nthereto such labels as may be required by the rules of the liquor\nauthority, together with all necessary federal revenue and New York\nstate excise stamps as required by law. No retail licensee for\non-premises consumption shall reuse, refill, tamper with, intentionally\nadulterate, dilute or fortify the contents of any container of alcoholic\nbeverages as received from the manufacturer or wholesaler.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a retail licensee for on-premises consumption may prepare\nand keep drinks containing alcoholic beverages in dispensing machines,\nhaving capacities of not less than a gallon, which continually mix such\ndrinks.\n 3. No retail licensee for on-premises consumption shall sell, deliver\nor give away, or cause or permit or procure to be sold, delivered or\ngiven away any liquors and/or wines for consumption off the premises\nwhere sold. The provisions of this subdivision shall not prohibit a\nlicensed winery or farm winery from allowing a patron to leave the\nwinery or farm winery with a partially consumed bottle of wine provided\nthat the removal of the bottle is done in accordance with subdivision\nfour of section eighty-one of this chapter.\n 4. (a) No liquors and/or wines shall be sold or served in premises\nlicensed under section sixty-four or clause (a) of subdivision six of\nsection sixty-four-a of this chapter, except at tables where food may be\nserved and except as provided by subdivision four of section one\nhundred.\n (b) No liquors and/or wines shall be sold or served in premises\nlicensed under clause (b) of subdivision six of section sixty-four-a of\nthis chapter, except at such times and upon such conditions and by the\nuse of such facilities as the liquor authority, by regulation, may\nprescribe with due regard to the convenience of the public and the\nstrict avoidance of sales prohibited by this chapter.\n 4-a. No beer shall be sold or served at a bar, counter or other\nsimilar contrivance unless a card, sign or plate, visible to the\ncustomer, upon which the name of the brewer is conspicuously and legibly\ndisplayed, is annexed or affixed to the tap or faucet from which the\nbeer is drawn.\n 5. No alcoholic beverages shall be sold, offered for sale or given\naway upon any premises licensed to sell alcoholic beverages at retail\nfor on-premises consumption, during the following hours:\n (a) Sunday, from four ante meridiem to ten o'clock a.m., except\npursuant to a permit issued under section ninety-nine-h of this chapter.\n (b) On any other day between four ante meridiem and eight ante\nmeridiem.\n Unless otherwise approved by the authority pursuant to subdivision\neleven of section seventeen of this chapter, where any rule has been\nadopted in a county on or before April first, nineteen hundred\nninety-five, further restricting the hours of sale for alcoholic\nbeverages, such restricted hours shall be the hours, during which the\nsale of alcoholic beverages at retail for on-premises consumption shall\nnot be permitted within such county.\n Nor shall any person be permitted to consume any alcoholic beverages\nupon any such premises later than one-half hour after the start of the\nprohibited hours of sale provided for in this section.\n 6. No person licensed to sell alcoholic beverages shall suffer or\npermit any gambling on the licensed premises, or suffer or permit such\npremises to become disorderly. The use of the licensed premises, or any\npart thereof, for the sale of lottery tickets, playing of bingo or games\nof chance, or as a simulcast facility or simulcast theater pursuant to\nthe racing, pari-mutuel wagering and breeding law, when duly authorized\nand lawfully conducted thereon, shall not constitute gambling within the\nmeaning of this subdivision.\n 6-a. No retail licensee for on-premises consumption shall suffer or\npermit any person to appear on licensed premises in such manner or\nattire as to expose to view any portion of the pubic area, anus, vulva\nor genitals, or any simulation thereof, nor shall suffer or permit any\nfemale to appear on licensed premises in such manner or attire as to\nexpose to view any portion of the breast below the top of the areola, or\nany simulation thereof.\n 6-b. No retail licensee for on-premises consumption shall suffer or\npermit any contest or promotion which endangers the health, safety, and\nwelfare of any person with dwarfism. Any retail licensee in violation of\nthis section shall be subject to the suspension or revocation of said\nlicensee's license to sell alcoholic beverages for on-premises\nconsumption. For the purposes of this section, the term "dwarfism" means\na condition of being abnormally small which is caused by heredity,\nendocrine dysfunction, renal insufficiency or deficiency or skeletal\ndiseases that result in disproportionate short stature and adult height\nof less than four feet ten inches.\n 6-c. (a) No retail licensee for on-premises consumption shall suffer,\npermit or promote an event on its premises wherein the contestants\ndeliver, or are not forbidden by the applicable rules thereof from\ndelivering kicks, punches or blows of any kind to the body of an\nopponent or opponents, whether or not the event consists of a\nprofessional match or exhibition, and whether or not the event or any\nsuch act, or both, is done for compensation.\n (b) The prohibition contained in paragraph (a) of this subdivision,\nhowever, shall not be applied to any authorized combative sport.\n (c) In addition to any other penalty provided by law, a violation of\nthis subdivision shall constitute an adequate ground for instituting a\nproceeding to suspend, cancel or revoke the license of the violator in\naccordance with the applicable procedures specified in section one\nhundred nineteen of this article.\n 7. Except where a permit to do so is obtained pursuant to section\n405.10 of the penal law, no retail licensee for on-premises consumption\nshall suffer, permit, or promote an event on its premises wherein any\nperson shall use, explode, or cause to explode, any fireworks or other\npyrotechnics in a building as defined in paragraph e of subdivision one\nof section 405.10 of the penal law, that is covered by such retail\nlicense or possess such fireworks or pyrotechnics for such purpose. In\naddition to any other penalty provided by law, a violation of this\nsubdivision shall constitute an adequate ground for instituting a\nproceeding to suspend, cancel, or revoke the license of the violator in\naccordance with the applicable procedures specified in section one\nhundred nineteen of this article. Provided however, if more than one\nretail licensee is participating in a single event, upon approval by the\nauthority, only one retail licensee must obtain such permit.\n 8. A club or a luncheon club licensed to sell alcoholic beverages for\non-premises consumption shall be permitted to sell such beverages only\nto its members and to their guests accompanying them.\n 9. No restaurant and no premises licensed to sell liquors and/or wines\nfor on-premises consumption under clause (a) of subdivision six of\nsection sixty-four-a of this chapter shall be permitted to have any\nopening or means of entrance or passageway for persons or things between\nthe licensed premises and any other room or place in the building\ncontaining the licensed premises, or any adjoining or abutting premises,\nunless such licensed premises are in a building used as a hotel and\nserves as a dining room for guests of such hotel, or unless such\npremises are a bona fide restaurant with such access for patrons and\nguests from any part of such building or adjoining or abutting premises\nas shall serve public convenience in a reasonable and suitable manner;\nor unless such licensed premises are in a building owned or operated by\nany county, town, city, village or public authority or agency, in a park\nor other similar place of public accommodation. All glass in any window\nor door on said licensed premises shall be clear and shall not be\nopaque, colored, stained or frosted.\n 10. A vessel licensed to sell liquors and/or wines for on-premises\nconsumption shall not be permitted to sell any liquors and/or wines,\nwhile said vessel is moored to a pier or dock, except that vessels\nsailing on established schedules shall be permitted to sell liquors\nand/or wines for a period of three hours prior to the regular advertised\nsailing time.\n 11. A railroad car or aircraft being operated on regularly scheduled\nflights by a United States certificated airline licensed to sell liquors\nand/or wines for on-premises consumption shall be permitted to sell\nliquors and/or wines only to passengers and while in actual transit,\nexcept that a railroad operating licensed cars shall be allowed to sell\nliquors and/or wines from portable carts located on station platforms\nlocated at Penn Station, Grand Central Station, Jamaica, Hunterspoint\nAvenue or Flatbush from which such licensed railroad cars depart.\n 12. Each retail licensee for on-premises consumption shall keep and\nmaintain upon the licensed premises, adequate records of all\ntransactions involving the business transacted by such licensee which\nshall show the amount of alcoholic beverages, in gallons, purchased by\nsuch licensee together with the names, license numbers and places of\nbusiness of the persons from whom the same were purchased, the amount\ninvolved in such purchases, as well as the sales of alcoholic beverages\nmade by such licensee. The liquor authority is hereby authorized to\npromulgate rules and regulations permitting an on-premises licensee\noperating two or more premises separately licensed to sell alcoholic\nbeverages for on-premises consumption to inaugurate or retain in this\nstate methods or practices of centralized accounting, bookkeeping,\ncontrol records, reporting, billing, invoicing or payment respecting\npurchases, sales or deliveries of alcoholic beverages, or methods and\npractices of centralized receipt or storage of alcoholic beverages\nwithin this state without segregation or earmarking for any such\nseparately licensed premises, wherever such methods and practices assure\nthe availability, at such licensee's central or main office in this\nstate, of data reasonably needed for the enforcement of this chapter.\nSuch records shall be available for inspection by any authorized\nrepresentative of the liquor authority.\n 13. No retail licensee for on-premises consumption shall be\ninterested, directly or indirectly, in any premises where liquors, wines\nor beer are manufactured or sold at wholesale, by stock ownership,\ninterlocking directors, mortgage or lien on any personal or real\nproperty or by any other means, except that liquors, wines or beer may\nbe manufactured or sold wholesale by the person licensed as a\nmanufacturer or wholesaler thereof on real property owned by an\ninterstate railroad corporation or a United States certificated airline\nwith a retail license for on-premises consumption, or on premises or\nwith respect to a business constituting an overnight lodging and resort\nfacility located wholly within the boundaries of the town of North Elba,\ncounty of Essex, township eleven, Richard's survey, great lot numbers\ntwo hundred seventy-eight, two hundred seventy-nine, two hundred eight,\ntwo hundred ninety-eight, two hundred ninety-nine, three hundred, three\nhundred eighteen, three hundred nineteen, three hundred twenty, three\nhundred thirty-five and three hundred thirty-six, and township twelve,\nThorn's survey, great lot numbers one hundred six and one hundred\nthirteen, as shown on the Adirondack map, compiled by the conservation\ndepartment of the state of New York - nineteen hundred sixty-four\nedition, in the Essex county atlas at page twenty-seven in the Essex\ncounty clerk's office, Elizabethtown, New York, provided that such\nfacility maintains not less than two hundred fifty rooms and suites for\novernight lodging, or on premises or with respect to the operation of a\nrestaurant in an office building located in a city having a population\nof five hundred thousand or more and in which is located the licensed\npremises of such manufacturer or wholesaler, provided that the building,\nthe interior of the retail premise and the rental therefor fully comply\nwith the criteria set forth in paragraph two of subdivision three of\nsection one hundred one of this article, any such premises or business\nlocated on that tract or parcel of land, or any subdivision thereof,\nsituate in the Village of Lake Placid, Town of North Elba, Essex County,\nNew York; it being also a part of Lot No. 279, Township No. 11, Old\nMilitary Tract, Richard's Survey; it being also all of Lot No. 23 and\npart of Lot No. 22 as shown and designated on a certain map entitled\n"Map of Building Sites for Sale by B.R. Brewster" made by G.T. Chellis\nC.E. in 1892; also being PARCEL No. 1 on a certain map of lands of\nRobert J. Mahoney and wife made by G.C. Sylvester, P.E. & L.S. # 21300,\ndated August 4, 1964, and filed in the Essex County Clerk's Office on\nAugust 27, 1964, and more particularly bounded and described as follows;\nBEGINNING at the intersection of the northerly bounds of Shore Drive\n(formerly Mirror Street) with the westerly bounds of Park Place\n(formerly Rider Street) which point is also the northeast corner of Lot\nNo. 23, from thence South 21Á50' East in the westerly bounds of Park\nPlace a distance of 119 feet, more or less, to a lead plug in the edge\nof the sidewalk marking the southeast corner of Lot No. 23 and the\nnortheast corner of Lot No. 24; from thence South 68Á00'50" West a\ndistance of 50.05 feet to an iron pipe set in concrete at the corner of\nLots 23 and 22; from thence South 65Á10'50" West a distance of 7.94 feet\nalong the south line of Lot No. 22 to an iron pipe for a corner; from\nthence North 23Á21'40" West and at 17.84 feet along said line passing\nover a drill hole in a concrete sidewalk, and at 68.04 feet further\nalong said line passing over an iron pipe at the southerly edge of\nanother sidewalk, and at 1.22 feet further along said line passing over\nanother drill hole in a sidewalk, a total distance of 119 feet, more or\nless, to the northerly line of Lot No. 22; from thence easterly in the\nnortherly line of Lot 22 and 23 to the northeast corner of Lot No. 23\nand the point of beginning. Also including the lands to the center of\nShore Drive included between the northerly straight line continuation of\nthe side lines of the above described parcel, and to the center of Park\nPlace, where they abut the above described premises SUBJECT to the use\nthereof for street purposes. Being the same premises conveyed by\nMorestuff, Inc. to Madeline Sellers by deed dated June 30, 1992,\nrecorded in the Essex County Clerk's Office on July 10, 1992 in Book\n1017 of Deeds at Page 318, or any such premises or business located on\nthat certain piece or parcel of land, or any subdivision thereof,\nsituate, lying and being in the Town of Plattsburgh, County of Clinton,\nState of New York and being more particularly bounded and described as\nfollows: Starting at an iron pipe found in the easterly bounds of the\nhighway known as the Old Military Turnpike, said iron pipe being located\n910.39 feet southeasterly, as measured along the easterly bounds of said\nhighway, from the southerly bounds of the roadway known as Industrial\nParkway West, THENCE running S 31Á 54' 33" E along the easterly bounds\nof said Old Military Turnpike Extension, 239.88 feet to a point marking\nthe beginning of a curve concave to the west; thence southerly along\nsaid curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe\nfound marking the point of beginning for the parcel herein being\ndescribed, said point also marked the southerly corner of lands of Larry\nGarrow, et al, as described in Book 938 of Deeds at page 224; thence N\n07Á 45' 4" E along the easterly bounds of said Garrow, 748.16 feet to a\n3"x4" concrete monument marking the northeasterly corner of said Garrow,\nthe northwesterly corner of the parcel herein being described and said\nmonument also marking the southerly bounds of lands of Salerno Plastic\nCorp. as described in Book 926 of Deeds at Page 186; thence S 81Á 45'\n28" E along a portion of the southerly bounds of said Salerno Plastic\nCorp., 441.32 feet to an iron pin found marking the northeasterly corner\nof the parcel herein being described and also marking the northwest\ncorner of the remaining lands now or formerly owned by said Marx and\nDelaura; thence S 07Á 45' 40" W along the Westerly bounds of lands now\nof formerly of said Marx and DeLaura and along the easterly bounds of\nthe parcel herein being described, 560.49 feet to an iron pin; thence N\n83Á 43' 21" W along a portion of the remaining lands of said Marx and\nDeLaura, 41.51 feet to an iron pin; thence S 08Á 31' 30" W, along a\nportion of the remaining lands of said Marx and Delaura, 75.01 feet to\nan iron pin marking northeasterly corner of lands currently owned by the\nJoint Council for Economic Opportunity of Plattsburgh and Clinton\nCounty, Inc. as described in Book 963 of Deeds at Page 313; thence N 82Á\n20' 32" W along a portion of the northerly bounds of said J.C.E.O.,\n173.50 feet to an iron pin; thence 61Á 21' 12" W, continuing along a\nportion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron\npin; thence S 07Á 45' 42" W along the westerly bounds of said J.C.E.O.,\n50 feet to an iron pin; thence S 66Á 48' 56" W along a portion of the\nnortherly bounds of remaining lands of said Marx and DeLaura, 100.00\nfeet to an iron pipe found on the easterly bounds of the aforesaid\nhighway, said from pipe also being located on a curve concave to the\nwest; thence running and running northerly along the easterly bounds of\nthe aforesaid highway and being along said curve, with the curve having\na radius of 987.93 feet, 60.00 feet to the point of beginning and\ncontaining 6.905 acres of land. Being the same premises as conveyed to\nRonald Marx and Alice Marx by deed of CIT Small Business Lending Corp.,\nas agent of the administrator, U.S. Small Business Administration, an\nagency of the United States Government dated September 10, 2001 and\nrecorded in the office of the Clinton County Clerk on September 21, 2001\nas Instrument #135020, or any such premises or businesses located on\nthat certain plot, piece or parcel of land, situate, lying and being in\nthe Second Ward of the City of Schenectady, on the Northerly side of\nUnion Street, bounded and described as follows: to wit; Beginning at the\nSoutheasterly corner of the lands lately owned by Elisha L. Freeman and\nnow by Albert Shear; and running from thence Easterly along the line of\nUnion Street, 44 feet to the lands now owned by or in the possession of\nJames G. Van Vorst; thence Northerly in a straight line along the last\nmentioned lands and the lands of the late John Lake, 102 feet to the\nlands of one Miss Rodgers; thence Westerly along the line of the last\nmentioned lands of said Rodgers to the lands of the said Shear; and\nthence Southerly along the lands of said Shear 101 feet, 6 inches to\nUnion Street, the place of beginning.\n Also all that tract or parcel of land, with the buildings thereon,\nsituate in the City of Schenectady, County of Schenectady, and State of\nNew York, situate in the First, formerly the Second Ward of the said\nCity, on the Northerly side of Union Street, which was conveyed by\nWilliam Meeker and wife to Elisha L. Freeman by deed dated the second\nday of December 1843, and recorded in the Clerk's Office of Schenectady\nCounty on December 5, 1843, in Book V of Deeds at page 392, which lot in\nsaid deed is bounded and described as follows: Beginning at a point in\nthe Northerly line of Union Street where it is intersected by the\nEasterly line of property numbered 235 Union Street, which is hereby\nconveyed, and running thence Northerly along the Easterly line of said\nproperty, One Hundred Forty and Five-tenths (140.5) feet to a point\nsixteen (16) feet Southerly from the Southerly line of the new garage\nbuilt upon land adjoining on the North; thence Westerly parallel with\nsaid garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly\nOne Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin\nof Union Street; thence Easterly along the Northerly margin of Union\nStreet, about Forty-eight and three-tenths (48.3) feet to the point or\nplace of beginning.\n The two above parcels are together more particularly described as\nfollows:\n All that parcel of land in the City of Schenectady beginning at a\npoint in the northerly margin of Union Street at the southwesterly\ncorner of lands now or formerly of Friedman (Deed Book 636 at page 423)\nwhich point is about 60 feet westerly of the westerly line of North\nCollege Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the\nsoutheasterly corner of other lands now or formerly of Friedman (Deed\nBook 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the\nsouthwesterly corner of lands now or formerly of Stockade Associates\n(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to\nlands now or formerly at McCarthy (Deed Book 1129 at page 281); thence\nalong McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly\ncorner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);\nthence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence\nstill along lands of SONYMA and lands now or formerly of Magee (Deed\nBook 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a corner;\nthence still along lands of Magee and Lands of Friedman first above\nmentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.\n Excepting and reserving all that portion of the above parcel lying\neasterly of a line described as follows:\n All that tract or parcel of land, situated in the City of Schenectady\nand County of Schenectady and State of New York, on the Northerly side\nof Union Street bounded and described as follows:\n Beginning at a point in the northerly line of Union Street, said point\nbeing in the division line between lands now or formerly of Electric\nBrew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or\nformerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees\nunder Will of Ruth F. Wexler (Street number 241 Union Street) on the\nEast; thence North 03 deg. 04' 10" East, along the building known as\nStreet No. 241 Union Street, a distance of 30.50 feet to a point; thence\nNorth 88 deg. 45' 45" West, along said building and building eve, a\ndistance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,\nalong said building eve of Street No. 241 Union Street, a distance of\n32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,\na distance of 1.2 feet to an intersection of building corner of Street\nNo. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"\nEast, along said brick wall, a distance of 14.47 feet to a point in the\ncorner of the brick wall, thence South 86 deg. 46' 45" East along said\nbrick wall a distance of 4.42 feet to the intersection of brick wall\nwith the boundary line between the Electric Brew Pubs, Inc. (aforesaid)\non the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,\n(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of\n0.62 feet to the Northeast corner of lands belonging to Margaret Wexler\nand Donna Lee Wexler Pavlovic.\n Also all that tract or parcel of land commonly known as the Union\nStreet School, located on the Northeasterly corner of Union and North\nCollege Streets in the First Ward of the City and County of Schenectady\nand State of New York, more particularly bounded and described as\nfollows: Beginning at a point in the Northerly street line of Union\nStreet where it is intersected by the Easterly street line of North\nCollege Street, and runs thence Northerly along the Easterly street line\nof North College Street, one hundred seven and five-tenths (107.5) feet\nto a point, thence easterly at an angle of ninety (90) degrees, one\nhundred ninety-one and seventy-five hundredths (191.75) feet to a point\nin the Northwesterly street line of Erie Boulevard thence southwesterly\nalong the Northwesterly street line of Erie Boulevard, one hundred\ntwenty-three and eight-tenths (123.8) feet to its intersection with the\nNortherly street line of Union Street; thence Westerly along the\nNortherly street line of Union Street, one hundred twenty-four and\nfifty-five hundredths (124.55) feet to the point or place of beginning.\n The above described parcel of property includes the Blue Line parcel\nof land, which is a portion of the abandoned Erie Canal Lands, located\nin the First Ward of the City of Schenectady, New York, and which Blue\nLine parcel lies between the Northwesterly line of Erie Boulevard as set\nforth in the above described premises and the Northeasterly lot line of\nthe old Union Street School as it runs parallel with the Northwesterly\nline of Erie Boulevard as aforesaid.\n The two above parcels are together more particularly described as\nfollows: All that parcel of land in the City of Schenectady beginning at\na point in the northerly margin of Union Street and the northwesterly\nmargin of Erie Boulevard and runs thence along Union Street N. 86 deg.\n42' 20" W. 124.55 feet to the easterly margin of North College Street;\nthence along North College Street N. 05 deg 04' 40" E. 107.50 feet to\nthe southeasterly corner of lands now or formerly of McCarthy (Deed Book\n1129 at page 279); thence along McCarthy, Cottage Alley and lands now or\nformerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.\n191.75 feet to the northwesterly margin of Erie Boulevard; thence along\nErie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of\nbeginning, any such premises or businesses located on that tract or\nparcel of land situate in the Town of Hopewell, Ontario County, State of\nNew York, bounded and described as follows: Commencing at a 5/8" rebar\nfound on the division line between lands now or formerly of Ontario\nCounty - Finger Lakes Community College (Liber 698 of Deeds, Page 466)\non the north and lands now or formerly of James W. Baird (Liber 768 of\nDeeds, Page 1109) on the south; thence, North 43Á-33'-40" West, on said\ndivision line, a distance of 77.32 feet to the Point of Beginning.\nThence, North 43Á-33'-40" West, continuing on said division line and\nthrough said lands of Ontario County, a distance of 520.45 feet to a\npoint on the southeasterly edge of an existing concrete pad; thence,\nSouth 74Á-19'-53" West, along said edge of concrete and the projection\nthereof, a distance of 198.78 feet to a point on the easterly edge of\npavement of an existing campus drive; thence, the following two (2)\ncourses and distances along said edge of pavement: Northeasterly on a\ncurve to the left having a radius of 2221.65 feet, a chord bearing of\nNorth 30Á-16'-39" East, a chord distance of 280.79, a central angle of\n07Á-14'-47", a length of 280.98 feet to a point of reverse curvature;\nthence, Northeasterly on a curve to the right having a radius of 843.42\nfeet, a chord bearing of North 45Á-25'-09" East, a chord distance of\n534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a\npoint; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the\ncorner of the property acquired by Ontario County (Liber 766 of Deeds,\nPage 1112), as shown on a map recorded in the Ontario County Clerk's\nOffice as Map No. 6313; thence, the following four (4) courses and\ndistances along said property line: South 30Á-04'-59" East, a distance\nof 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of\n147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of\n200.93 feet to a point; thence, South 23Á-48'-53" West, along said\nproperty line, and the projection thereof, through the first said lands\nof Ontario County - Finger Lakes Community College (Liber 698 of Deeds,\nPage 466), a distance of 517.96 feet to Point of Beginning. Said parcel\ncontaining 7.834 acres, more or less, as shown on a map entitled\n"Proposed Lease Area - Friends of the Finger Lakes Performing Arts\nCenter, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,\ndated June 10, 2005, last revised August 17, 2005. The related PAC\nProperties are shown on the Map denominated "FLCC Campus Property, FLPAC\nGround Lease, Parking, Vehicular & Pedestrian Access", recorded in the\nOntario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds\nat page 9 and are comprised of the areas separately labeled as Parking\nLot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the\nEntry Roads; any such premises or businesses located on all that certain\npiece or parcel of land situate in the City of Syracuse, County of\nOnondaga, State of New York, lying generally Northwesterly of the West\nHiawatha Boulevard, and generally Northeasterly of the New York State\nBarge Canal, being a portion of Lot 11I and Lot 11J of the Carousel\nCenter Subdivision as shown on a resubdivision plan of the Carousel\nCenter Subdivision filed as Map No. 8743 in the Onondaga County Clerk's\nOffice, and as of May 20, 2014 identified as space L323 in a lease\nbetween the liquor license applicant and property owner and on the third\nlevel of the shopping center thereon, such shopping center land being\nmore particularly bounded and described as follows:\n BEGINNING at the point of the intersection of the division line\nbetween the Northeasterly boundary of the New York State Barge Canal,\nSyracuse Terminal designated as "Parcel No. T-111" on the Southwest and\nLot 11I of the Carousel Center Subdivision on the Northeast with the\nNorthwesterly boundary of West Hiawatha Boulevard; thence North 50 deg.\n26 min. 28 sec. West, along said division line, 690.72 feet; to a point;\nthence through Lot 11I and 11J of said subdivision the following\nthirty-five (35) courses and distances:\n 1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;\n 2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;\n 3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;\n 4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;\n 5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;\n 6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;\n 7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;\n 8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;\n 9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;\n 10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;\n 11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;\n 12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;\n 13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;\n 14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;\n 15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;\n 16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;\n 17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;\n 18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;\n 19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;\n 20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;\n 21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;\n 22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;\n 23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;\n 24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;\n 25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;\n 26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;\n 27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;\n 28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;\n 29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;\n 30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;\n 31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;\n 32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;\n 33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;\n 34) Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;\nand\n 35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to a point\non the westerly right of way line of Interstate Route 81, Thence along\nthe westerly and southwesterly right of way line of Interstate Route 81,\nin a generally southeasterly direction, the following seven (7) courses\nand distances:\n 1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;\n 2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;\n 3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;\n 4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;\n 5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;\n 6) Thence South 42 deg. 27 min. 42 sec. East 58.65 feet to a point;\nand\n 7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its\nintersection with lands appropriated by the People of the State of New\nYork described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686\nand Book 5274 of Deeds at Page 836; Thence along the bounds of said Map\n1401 Parcel 1831 the following fifteen (15) courses and distances:\n 1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence\n 2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence\n 3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence\n 4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence\n 5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence\n 6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence\n 7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence\n 8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence\n 9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence\n 10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence\n 11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence\n 12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence\n 13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence\n 14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and\n 15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with\nthe northerly bounds of Map 1402 Parcel 1836 of said appropriation;\nThence along the bounds of Map 1402 Parcel 1836 as described in Book\n5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the\nfollowing three (3) courses and distances:\n 1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence\n 2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and\n 3) North 07 deg. 40 min. 37 sec. East 70.35 feet to its intersection\nwith the bounds of the hereinabove described Map 1401 Parcel 1831;\nThence along the bounds of said Map 1401 Parcel 1831 the following ten\n(10) courses and distances:\n 1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence\n 2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence\n 3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence\n 4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence\n 5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence\n 6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence\n 7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence\n 8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence\n 9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and\n 10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its intersection\nwith the division line between Lot 11J on the Northwest and the lands\nnow or formerly of Woodstead Enterprises Co. as described in Book 3530\nof Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown\nand Oswego Railroad Company via Letters Patent, Book 292, Page 264);\nthence South 28 deg. 12 min. 27 sec. West along said division line and\nalong the Northwesterly boundary of West Hiawatha Boulevard in part,\n36.93 feet to its point of intersection with Northeasterly boundary of\nWest Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along\nsaid Northeasterly boundary 158.30 feet to its point of intersection\nwith the Northwesterly boundary of said West Hiawatha Boulevard; thence\nWest along said Northwesterly boundary the following three (3) courses:\n1) South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)\nSouth 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and 3) South\n23 deg. 40 min. 55 sec. West 220.04 feet to its point of intersection\nwith Southwesterly boundary of West Hiawatha Boulevard; thence South 49\ndeg. 30 min. 46 sec. East along said Southwesterly boundary, 0.30 feet\nto its point of intersection with the first hereinabove described\nNorthwesterly boundary of West Hiawatha Boulevard; thence South 40 deg.\n26 min. 20 sec. West, along said Northwesterly boundary, 98.08 feet to\nits point of intersection with the division line between Lot 11J on the\nNortheast and Lot 11H of the Carousel Center Subdivision on the\nSouthwest; thence North 50 deg. 25 min. 12 sec. West, along said\ndivision line, 147.85 feet to the Northwest corner of Lot 11H; thence\nSouth 40 deg. 26 min. 20 sec. West 217.47 feet to the Southwest corner\nof lot 11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a\npoint on the first hereinabove described Northwesterly boundary of West\nHiawatha Boulevard; thence along said Northwesterly boundary of West\nHiawatha Boulevard the following two (2) courses: 1) South 40 deg. 26\nmin. 20 sec. West 17.66 feet to a point; and 2) South 43 deg. 01 min. 50\nsec. West 468.25 feet to the point of beginning.\n Excepting the following piece or parcel of land appropriated by the\nPeople of the State of New York described as Map 1401 Parcel 1832 in\nBook 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836:\nCommencing at the southwest corner of herein above described Map 1402\nParcel 1836 said point having a proceeding course of South 07 deg. 40\nmin. 17 sec. West 70.35 feet in the premises describe hereinabove;\nthence North 13 deg. 18 min. 48 sec. West 138.17 feet to the southeast\ncorner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401\nParcel 1832 the following four (4) courses and distances:\n 1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence\n 2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence\n 3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and\n 4) South 07 deg. 53 min. 54 sec. West 353.36 feet to the point of\nbeginning; or such premises or businesses located on that tract or\nparcel of land situate lying and being in the Town of Oneonta, County of\nOtsego and State of New York and being a portion of Otsego County Tax\nMap Department Parcel Number 287.00-1-33 and bounded and described as\nfollows: Beginning at a point 2.12 feet off the northeasterly corner of\na one story building on the lands, now or formerly, of Abner Doubleday,\nLLC, aka Cooperstown All Star Village, LLC, as owned by Martin and\nBrenda Patton, which point lies N 87Á55'13" W a distance of 149.37' from\nthe northeast corner of the Patton lands; thence N 74Á30'18" W a\ndistance of 51.50 feet to a point; thence S 15Á29'42" W a distance of\n2.00 feet to a point; thence N 74Á30'18" W a distance of 14.00 feet to a\npoint; thence S 15Á29'42" W a distance of 19.20 feet to a point; thence\nS 74Á30'18" E a distance of 14.20 feet to a point; thence S 15Á29'42" W\na distance of 4.20 feet; thence S 74Á30'18" E a distance of 51.30 feet\nto a point; thence N 15Á29'42" E a distance of 25.40 feet to a point to\nthe point and place of beginning or on premises or with respect to a\nbusiness constituting the overnight lodging facility located wholly\nwithin the boundaries of that tract or parcel of land situated in the\nborough of Manhattan, city and county of New York, beginning at a point\non the northerly side of west fifty-fourth street at a point one hundred\nfeet easterly from the intersection of the said northerly side of west\nfifty-fourth street and the easterly side of seventh avenue; running\nthence northerly and parallel with the easterly side of seventh avenue\none hundred feet five inches to the center line of the block; running\nthence easterly and parallel with the northerly side of west\nfifty-fourth street and along the center line of the block fifty feet to\na point; running thence northerly and parallel with the easterly side of\nseventh avenue one hundred feet five inches to the southerly side of\nwest fifty-fifth street at a point distant one hundred fifty feet\neasterly from the intersection of the said southerly side of west\nfifty-fifth street and the easterly side of seventh avenue; running\nthence easterly along the southerly side of west fifty-fifth street\nthirty-one feet three inches to a point; running thence southerly and\nparallel with the easterly side of the seventh avenue one hundred feet\nfive inches to the center line of the block; running thence easterly\nalong the center line of the block and parallel with the southerly side\nof west fifty-fifth street, one hundred feet; running thence northerly\nand parallel with the easterly side of seventh avenue one hundred feet\nfive inches to the southerly side of west fifty-fifth street; running\nthence easterly along the southerly side of west fifty-fifth street\ntwenty-one feet ten and one-half inches to a point; running thence\nsoutherly and parallel with the easterly side of seventh avenue one\nhundred feet five inches to the center line of the block; running thence\nwesterly along the center line of the block and parallel with the\nnortherly side of west fifty-fourth street three feet one and one-half\ninches; running thence southerly and parallel with the easterly side of\nseventh avenue one hundred feet five inches to the northerly side of\nwest fifty-fourth street at a point distant three hundred feet easterly\nfrom the intersection of the said northerly side of west fifty-fourth\nstreet and the easterly side of seventh avenue; running thence westerly\nand along the northerly side of west fifty-fourth street two hundred\nfeet to the point or place of beginning, provided that such facility\nmaintains not less than four hundred guest rooms and suites for\novernight lodging; or on such premises or business located on any of the\nfollowing four parcels:\n Parcel A\n any such premises or business constituting the overnight lodging and\nresort facility located wholly within the boundaries of the Village of\nAltmar, County of Oswego, Great Lot 19 beginning at a point on\ncenterline of Pulaski Street at its intersection with the division line\nbetween the lands now or formerly of Altmar Parish Williamstown Central\nSchool District (APW CSD) as described in Book 378 of Deeds at Page 118\non the northwest and the lands now or formerly of Tostanoski as\ndescribed in Book 1356 of Deeds at Page 55 on the southeast; Thence\nalong said centerline the following two (2) courses: 1) North 37 deg. 35\nmin. 00 sec. West, a distance of 803.88 ft. to a point and 2). North 45\ndeg. 48 min. 13 sec. West, a distance of 132.33 ft. to its intersection\nwith the division line between the said lands of APW CSD on the\nsoutheast and the lands now or formerly of Hayward as described in Book\n894 of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence\nNorth 23 deg. 48 min. 43 sec. East along said division, a distance of\n131.66 ft. to its intersection with the division line between the said\nlands of APW CSD on the north and the said lands of Hayward on the\nsouth; Thence South 73 deg. 16 min. 17 sec. West along the said division\nline, a distance of 131.66 ft. to its intersection with the division\nline between the said lands of APW CSD and the lands now or formerly of\nNational Grid as described in Book 282 of Deeds at Page 552; Thence\nalong said division line to the following six (6) courses: 1) North 23\ndeg. 43 min. 38 sec. East, a distance of 158.73 ft. to a point; thence\n2) North 83 deg. 39 min. 24 sec. West, a distance of 190.48 ft. to a\npoint; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15\nft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance\nof 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a\ndistance of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.\nEast, a distance of +/- 522 ft. to its intersection with the center of\nSalmon River; Thence upstream along said center, and in a generally\nsoutherly direction, a distance of +/- 1,455 ft. to its intersection\nwith the division line between the said lands of APW CSD on the\nnorthwest and the lands now or formerly of Bennett as described in Book\n927 of Deeds at Page 65 on the southeast; Thence South 52 deg. 19 min.\n00 sec. West along said division line, a distance of +/- 170 ft. to a\npoint; Thence South 52 deg. 19 min. 00 sec. West, continuing along said\ndivision line, a distance of 400.00 ft. to its intersection with the\ncenterline of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West\nalong said centerline, a distance of 53.65 ft. to its intersection with\nthe division line between the said lands of APW CSD on the southeast and\nthe lands now or formerly of Pfluger as described in Book 922 of Deeds\nat Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec. East\nalong said division line, a distance of 330.00 ft. to its intersection\nwith the division line between the said lands of APW CSD on the\nnortheast and the said lands of Pfluger, the lands now or formerly of\nEndsley as described in Book 1520 of Deeds at page 5, and the\nhereinabove said lands of Tostanoski, in part by each, on the southwest;\nThence North 37 deg. 35 min. 00 sec. West along said division line, a\ndistance of 247.50 ft. to its intersection with the division line\nbetween the said lands of APW CSD on the northwest and the said lands of\nTostanoski on the southeast; Thence South 52 deg. 25 min. 000 sec. West\nalong said division line, a distance of 330.00 ft. to the POINT OF\nBEGINNING; or\n Parcel B\n any such premises or business constituting the overnight lodging and\nresort facility located wholly within the boundaries of that tract or\nparcel of land situate in the city of Syracuse, County of Onondaga and\nState of New York, being part of Block 366 in said City and more\nparticularly bounded and described as follows: beginning at a point at\nthe intersection of the southerly line of East Genesee Street with the\nwesterly line of University Avenue; running thence: South 00Á 30' 30"\nWest, along said Westerly line of University Avenue, a distance of 75.16\nfeet to a point therein; Thence North 89Á 49' 00" West, a distance of\n140.00 feet to a point; thence South 00Á 30' 30" West, a distance of\n271.55 feet to a point; Thence North 89Á 49' 00" West, a distance of\n103.01 feet to a point; Thence South 00Á 11' 00" West, a distance of\n132.00 feet to a point in the northerly line of Madison Street; Thence\nNorth 89Á 49' 0" West along said northerly line, a distance of 141.36\nfeet to a point; Thence North 00Á 25' 10" East, a distance of 50 feet to\na point in the westerly line of Farm Lot 200 of the Salt Springs\nReservation; Thence North 03Á 26' 10" West along said westerly line, a\ndistance of 415.12 feet to a point in the southerly line of East Genesee\nStreet; Thence North 88Á 11' 00" East, along said southerly line, a\ndistance of 412.50 feet to the point of beginning. The premises are also\ndescribed as follows: All that tract or parcel of land, situate in the\nCity of Syracuse, County of Onondaga and State of New York, being known\nas new Lot 1A as is more particularly shown on a Resubdivision Map of\nPart of Block 366 made by Christopherson Land Surveying and filed in the\nOnondaga County Clerk's Office October 8, 2002 as Map No. 9498; or\n Parcel C\n any such premises or business constituting the overnight lodging and\nresort facility located wholly within the boundaries of all that tract\nor parcel of land situate in the city of Syracuse, County of Onondaga\nand State of New York, being a part of Lots 200 and 201, Lots 2, 6, and\n7, Block 368 in the City of Syracuse and being further described as\nfollows: Beginning at a drill hole set at the intersection of the\neasterly street margin of South Crouse Avenue and the southerly street\nmargin of Harrison Street; Thence S. 89Á 51' 36" E. (S 89Á 49' 40" E\nmeasured), along the southerly street margin of Harrison Street, a\ndistance of 395.30 feet to a capped iron rod set at the westerly line of\na parcel of land conveyed to Syracuse University; Thence S. 00Á 28' 34"\nW. (S 00Á 30' 30" W measured), along the westerly line of those parcels\nof land conveyed to Syracuse University, a distance of 132.00 feet to a\ncapped iron rod set; Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W\nmeasured), along the northerly line of a parcel of land conveyed to\nSyracuse University, a distance of 132.00 feet to a capped iron rod set;\nThence N. 89Á 51' 36" W. (N 89Á 49' 40" W measured), along the northerly\nline of a parcel of land conveyed to Syracuse University, a distance of\n66.00 feet to a capped iron rod set; Thence S. 00Á 28' 34" W. (S 00Á 30'\n30" W measured), along the westerly line of that Syracuse University\nProperty, a distance of 71.25 feet to a capped iron rod set; Thence N\n89Á 55' 36" W. (89Á 53' 39" W measured), a distance of 130.40 feet to a\ncapped iron rod set at the easterly line of that parcel of land conveyed\nto Crouse Health Systems, Inc. by deed recorded in the Onondaga County\nClerk's Office in Liber 4800 at Page 730; Thence N. 03Á 44' 23" W. (03Á\n42' 26" W measured), along the easterly line of the Crouse Health\nSystem, Inc. property, a distance of 37.99 feet to a magnetic nail set\nat the northeast corner of the aforementioned Crouse Health System,\nInc.; Thence N. 89Á 51' 36' W. (N 89Á 49' 40" W measured), along the\nnortherly line of the Crouse Health System, Inc. Property, a distance of\n195.85 feet to a capped iron rod set at the easterly street margin of\nSouth Crouse Avenue; Thence N. 00Á 23' 14" E. (N 00Á 25' 10" E\nmeasured), along the easterly street margin of South Crouse Avenue, a\ndistance of 165.50 feet to the point of beginning. Together with all the\nright, title and interest in and to strops and gores of land, if any,\nadjoining or adjacent to said premises and to the lands lying in the bed\nof any street, road land or right of way, as they now exist, or formerly\nexisted in, in front of, or adjoining the premises above described or\nused in connection with said above described premises. Containing 1.55\nacres of land more or less. It being the intent of this survey\ndescription to describe those parcels of land conveyed by Temple Adath\nYeshurun, also known as the Congregation Adath Yeshurun, to the Syracuse\nUrban Renewal Agency, by a Warranty Deed dated September 21, 1972, that\nwas duly recorded in the Onondaga County Clerk's Office on October 10,\n1972 in Deed Book 2486 at Page 1137. Being a portion of the premises\nconveyed at Hotel Skylar, LLC, f/k/a 908 Harrison St., LLC, by deed\ndated June 5, 2007, and recorded in the Onondaga County Clerk's Office\non June 14, 2007 in Deed Book 04998 at Page 0795 (Instrument: 0687909);\nor\n Parcel D\n any such premises or business constituting the overnight lodging and\nresort facility located wholly within the boundaries of all that tract\nor parcel of land situate in the city of Syracuse, County of Onondaga,\nbeing part of Lots 13, 14 and 15 of Block 233 in said City, more\nparticularly bounded and described as follows: beginning at a point in\nthe northerly line of East Genesee Street, a distance of 232.5 feet\neasterly, measured along said northerly line, from the easterly line of\nAlmond Street; Running thence the following 8 courses and distances:\n(1.) S 89Á 30' 50"E, along said northerly line of East Genesee Street, a\ndistance of 109.5 feet; (2.) N 00Á 20' E, parallel with said easterly\nline of Almond Street, a distance of 158.69 feet to the southerly line\nof Orange Alley; (3.) N 89Á 30' 50" W, along said southerly line of\nOrange Alley, a distance of 66 feet to a point; (4.) N 00Á 20' E,\nparallel with said easterly line of Almond Street, 20 feet to the\nnortherly line of Orange Alley; (5.) N 89Á 30' 50" W, along said\nnortherly line of Orange Alley, a distance of 9 feet; (6.) S 00Á 20' W,\nparallel with said easterly line of Almond Street, a distance of 13.5\nfeet to a point; (7.) N 89Á 30' 50" W, parallel with the aforesaid\nnortherly line of East Genesee Street, a distance of 3 feet to a point;\nand, (8.) S 00Á 20' W, parallel with said easterly line of Almond\nStreet, a distance of 165.19 feet to the point of beginning, containing\n17,781+/- sq. ft. (0.41+/- Acres of Land) and; Parcel II (#716-718 East\nFayette Street), All that tract or parcel of land situate in the City of\nSyracuse, County of Onondaga and State of New York, being Lot 3 and part\nof lots 4 and 9 of Block 233 beginning in the southerly line of East\nFayette Street, a distance of 132 feet westerly, measured along said\nsoutherly line, from the westerly line of Forman Avenue; Running thence\nthe following 4 courses and distances: (1.) N 89Á 30' 50" W, along said\nsoutherly line of East Fayette Street, a distance of 97 feet; (2.) S 00Á\n20' 20" W, parallel with said westerly line of Forman Avenue, a distance\nof 178.69 feet to the northerly line of Orange Alley; (3.) S 89Á 30' 50"\nE, along said northerly line of Orange Alley, a distance of 97 feet to a\npoint; and, (4.) N 00Á 20' 10" E, parallel with said westerly line of\nForman Avenue, a distance of 178.69 feet to the point of beginning or\nwith respect to any premises or business located on all that certain\nparcel of land situate in the City of Peekskill, County of Westchester\nand State of New York, that is a portion of Parcel I as it is shown on\nthat certain map entitled, "Survey .. at Charles Point.." which was\nfiled in the Westchester County Clerk's Office on October 23, 1980 as\nMap No. 20407 that is bounded and described as follows:\n BEGINNING at a point on the easterly shoreline of the Hudson River and\nwithin the bounds of the said Parcel I as it is shown on the said Filed\nMap No. 20407, which point occupies coordinate position:\n North 464418.83 (y)\n East 607401.00 (x)\n of the New York State Coordinate System, East Zone and which point is\ndistant, the following courses from the southerly corner of the Parcel\nshown on Map No. 20407 that occupies coordinate position\n North 463520.804 (y)\n East 608470.681 (x)\n of the aforesaid New York State Coordinate System, East Zone:\n North 47 degrees 30' 36" West 856.60 feet,\n North 77 degrees 10' 53" West 488.18 feet,\n North 41 degrees 17' 53" West 113.32 feet and\n North 41 degrees 50' 16" East 169.08 feet;\n THENCE from the said point of beginning along the said easterly\nshoreline (high water mark) of the east bank of the Hudson River:\n Due North 16.17 feet,\n North 53 degrees 58' 22" West 13.60 feet,\n North 73 degrees 04' 21" West 24.04 feet,\n North 63 degrees 26' 06" West 22.36 feet,\n North 82 degrees 18' 14" West 37.34 feet,\n North 64 degrees 47' 56" West 37.58 feet,\n South 82 degrees 52' 30" West 16.12 feet,\n North 61 degrees 41' 57" West 14.76 feet and\n South 21 degrees 48' 05" West 9.71 feet;\n THENCE leaving the high water mark and running across a peninsula of\nland and along the division line between Parcel I and Parcel II as shown\non said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to\nanother point on the said easterly shoreline (high water mark) of the\nEast Bank of the Hudson River;\n THENCE northerly along the said high water mark, the following\ncourses:\n North 3 degrees 00' 46" West 17.54 feet,\n North 13 degrees 45' 39" West 50.45 feet,\n North 10 degrees 49' 23" West 69.23 feet,\n North 0 degrees 47' 22" West 52.48 feet to a point which is the point\nof beginning of the hereinafter described 40 foot easement which point\noccupies coordinate position\n North 464676.48 (y)\n East 607189.28 (x)\n of the New York State Coordinate System, East Zone;\n THENCE continuing along the aforesaid easterly shoreline (high water\nmark) of the East Bank of the Hudson, the following courses:\n North 10 degrees 18' 17" West 23.91 feet,\n North 39 degrees 04' 58" West 21.39 feet,\n North 20 degrees 13' 30" West 21.74 feet,\n North 39 degrees 02' 08" West 95.27 feet,\n North 13 degrees 08' 02" West 30.81 feet,\n North 18 degrees 26' 06" West 53.76 feet,\n North 28 degrees 10' 43" West 63.53 feet,\n North 18 degrees 26' 06" West 50.60 feet,\n North 37 degrees 14' 05" West 31.40 feet,\n North 21 degrees 15' 02" West 96.57 feet,\n North 32 degrees 00' 19" West 47.17 feet,\n North 1 degree 18' 07" West 44.01 feet and\n North 17 degrees 14' 29" East 29.32 feet to a point on the southerly\nline of lands under lease to the County of Westchester (Resco Site);\n THENCE along the said County of Westchester (Resco Site) lands: Due\nEast 432.31 feet to a point on the westerly line of an easement and a\nright-of-way leading to Charles Point Avenue;\n THENCE along the said westerly and southwesterly line of the said\nright-of-way leading to Charles Point Avenue: Due South 241.16 feet and\nSouth 27 degrees 13' 00" East 406.90 feet to a point;\n THENCE leaving the said easement and running along other lands now or\nformerly of The City of Peekskill Industrial Development Agency, South\n41 degrees 50' 16" West 270.01 feet to the aforementioned easterly\nshoreline (high water mark) of the East Bank of the Hudson River and the\npoint or place of beginning.\n TOGETHER with an easement over all that parcel of land situate in the\nCity of Peekskill, County of Westchester and State of New York that is\nmore particularly bounded and described as follows:\n BEGINNING at a point on the westerly line of Charles Point Avenue with\nthe said westerly line is intersected by the line dividing the easement\nherein described on the south from lands under lease to the County of\nWestchester (Resco Site) on the north which point occupies coordinate\nposition:\n North 464719.99 (y)\n East 608004.15 (x)\n of the New York State Coordinate System, East Zone;\n THENCE from the said point of beginning southerly along the said\nwesterly line of Charles Point Avenue, South 14 degrees 54' 00" West\n103.48 feet to a point;\n THENCE westerly along other lands of the City of Peekskill Industrial\nDevelopment Agency: Due West 396.44 feet to a point which is the\neasterly most corner of the lands of Point Associates, the grantee\nherein;\n THENCE along the northeasterly line of the said Point Associates'\nland, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16\nfeet to a point on the southerly line of the aforementioned lands leased\nto the County of Westchester (Resco Site);\n THENCE easterly along the said southerly line Due East 75.00 feet to a\npoint;\n THENCE southeasterly and easterly still along the said lands leased to\nthe County of Westchester (Resco Site) the following courses:\n Due South 223.00 feet,\n South 27 degrees 13' 00" East 314.87 feet and\n Due East 390.14 feet to the aforementioned westerly line of Charles\nPoint Avenue and the point or place of BEGINNING.\n TOGETHER WITH a non-exclusive easement for utilities, and ingress and\negress over that certain right of way leading from Charles Point Avenue,\nnow known as John E. Walsh Boulevard, in a westerly and northwesterly\ndirection to the above described premises and as more fully described in\nthe Declaration of Easement recorded in Liber 8888 cp 35. Any lien,\nmortgage or other interest or estate now held by said retail licensee on\nor in the personal or real property of such manufacturer or wholesaler,\nwhich mortgage, lien, interest or estate was acquired on or before\nDecember thirty-first, nineteen hundred thirty-two, shall not be\nincluded within the provisions of this subdivision; provided, however,\nthe burden of establishing the time of the accrual of the interest,\ncomprehended by this subdivision shall be upon the person who claims to\nbe entitled to the protection and exemption afforded hereby.\n 14. No retail licensee for on-premises consumption shall make or cause\nto be made any loan to any person engaged in the manufacture or sale of\nliquors, wines or beer at wholesale.\n 15. All retail licensed premises shall be subject to inspection by any\npeace officer, acting pursuant to his or her special duties, or police\nofficer and by the duly authorized representatives of the liquor\nauthority, during the hours when the said premises are open for the\ntransaction of business.\n 17. Notwithstanding any other provision of law, a retail licensee for\non-premises consumption that is a person or corporation operating a\nhotel shall be permitted to sell liquors, beer, and/or wines through a\nmechanical device or vending machine placed in the lodger's rooms and to\nwhich access to such device or machine is restricted by means of a\nlocking device which requires the use of a key, magnetic card or similar\ndevice provided, however, that no such key, card or similar device shall\nbe provided to any person under the age of twenty-one or to any person\nwho is visibly intoxicated.\n