N.Y. Alco. Bev. Cont. Law § 64

§ 64. License to sell liquor at retail for consumption on the\npremises. 1. Notwithstanding the provisions of subdivision two of\nsection seventeen of this chapter, any person may make an application to\nthe appropriate board for a license to sell liquor at retail to be\nconsumed on the premises where sold, and such licenses shall be issued\nto all applicants except for good cause shown.\n 2. Such application shall be in such form and shall contain such\ninformation as shall be required by the rules of the liquor authority\nand shall be accompanied by a check or draft in the amount required by\nthis article for such license.\n 3. Section fifty-four shall control so far as applicable the procedure\nin connection with such application.\n 4. Such license shall in form and in substance be a license to the\nperson specifically licensed to sell liquors at retail, to be consumed\nupon the premises. Such license shall also be deemed to include a\nlicense to sell wine and beer at retail to be consumed under the same\nterms and conditions, without the payment of any additional fee.\n 5. No retail license under this section shall be granted except for\nsuch premises as are being conducted as a bona fide hotel provided that\na restaurant is operated in such premises, restaurant, catering\nestablishment, club, railroad car, vessel or aircraft being operated on\nregularly scheduled flights by a United States certificated airline.\n 5-a. Notwithstanding the provisions of subdivision five of this\nsection, a liquor license may be issued under this section to an\nestablishment designated and commonly known and operated as a "bed and\nbreakfast" regardless of whether or not a restaurant is operated in such\nestablishment, provided that such license shall only permit the sale of\nalcoholic beverages to overnight guests of such establishment.\n 6. Where an on-premise license shall be granted to the owner of a\nhotel situated in a town or village the liquor authority may in its\ndiscretion grant to such owner the right to sell liquor and wine for\noff-premise consumption under the same terms and conditions as apply to\noff-premise licenses upon the payment of an additional fee of sixty-two\ndollars and fifty cents; provided, however, that this permission shall\nnot be granted if an off-premise license has been granted for premises\nlocated within eight miles of such hotel.\n 6-a. The authority may consider any or all of the following in\ndetermining whether public convenience and advantage and the public\ninterest will be promoted by the granting of licenses and permits for\nthe sale of alcoholic beverages at a particular unlicensed location:\n (a) The number, classes and character of licenses in proximity to the\nlocation and in the particular municipality or subdivision thereof.\n (b) Evidence that all necessary licenses and permits have been\nobtained from the state and all other governing bodies.\n (c) Effect of the grant of the license on vehicular traffic and\nparking in proximity to the location.\n (d) The existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises.\n (e) The history of liquor violations and reported criminal activity at\nthe proposed premises.\n (f) Any other factors specified by law or regulation that are relevant\nto determine the public convenience and advantage and public interest of\nthe community.\n 7. No retail license for on-premises consumption shall be granted for\nany premises which shall be\n (a) on the same street or avenue and within two hundred feet of a\nbuilding occupied exclusively as a school, church, synagogue or other\nplace of worship or\n (b) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of three or more existing premises\nlicensed and operating pursuant to this section and sections\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle;\n (c) the measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school, church, synagogue or other place of worship or to the\ncenter of the nearest entrance of each such premises licensed and\noperating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,\nhowever, that no renewal license shall be denied because of such\nrestriction to any premises so located which were maintained as a bona\nfide hotel, restaurant, catering establishment or club on or prior to\nDecember fifth, nineteen hundred thirty-three; and, except that no\nlicense shall be denied to any premises at which a license under this\nchapter has been in existence continuously from a date prior to the date\nwhen a building on the same street or avenue and within two hundred feet\nof said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship; and except that no license shall be\ndenied to any premises, which is within five hundred feet of three or\nmore existing premises licensed and operating pursuant to this section\nand sections sixty-four-a, sixty-four-b, sixty-four-c, and/or\nsixty-four-d of this article, at which a license under this chapter has\nbeen in existence continuously on or prior to November first, nineteen\nhundred ninety-three; and except that this subdivision shall not be\ndeemed to restrict the issuance of a hotel liquor license to a building\nused as a hotel and in which a restaurant liquor license currently\nexists for premises which serve as a dining room for guests of the hotel\nand a caterer's license to a person using the permanent catering\nfacilities of a church, synagogue or other place of worship pursuant to\na written agreement between such person and the authorities in charge of\nsuch facilities. The liquor authority, in its discretion, may authorize\nthe removal of any such licensed premises to a different location on the\nsame street or avenue, within two hundred feet of said school, church,\nsynagogue or other place of worship, provided that such new location is\nnot within a closer distance to such school, church, synagogue or other\nplace of worship.\n (d) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or of premises licensed\nand operating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of\nthe premises sought to be licensed, regularly used to give ingress to\nstudents of the school, to the general public attending the place of\nworship, and to patrons or guests of the premises licensed and operating\npursuant to this section and sections sixty-four-a, sixty-four-b,\nsixty-four-c, and/or sixty-four-d of this article or of the premises\nsought to be licensed, except that where a school or house of worship or\npremises licensed and operating pursuant to this section and sections\nsixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this\narticle or the premises sought to be licensed is set back from a public\nthoroughfare, the walkway or stairs leading to any such door shall be\ndeemed an entrance; and the measurement shall be taken to the center of\nthe walkway or stairs at the point where it meets the building line or\npublic thoroughfare. A door which has no exterior hardware, or which is\nused solely as an emergency or fire exit, or for maintenance purposes,\nor which leads directly to a part of a building not regularly used by\nthe general public or patrons, is not deemed an "entrance".\n (d-1) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious organization\nwhich conducts services at the place of worship or other not-for-profit\norganizations or groups; the use of the building by other religious\norganizations or groups for religious services or other purposes; the\nconduct of social activities by or for the benefit of the congregants;\nthe use of the building for meetings held by organizations or groups\nproviding bereavement counseling to persons having suffered the loss of\na loved one, or providing advice or support for conditions or diseases\nincluding, but not limited to, alcoholism, drug addiction, cancer,\ncerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of\nthe building for blood drives, health screenings, health information\nmeetings, yoga classes, exercise classes or other activities intended to\npromote the health of the congregants or other persons; and use of the\nbuilding by non-congregant members of the community for private social\nfunctions. The building occupied as a place of worship does not cease to\nbe "exclusively" occupied as a place of worship where the not-for-profit\nreligious organization occupying the place of worship accepts the\npayment of funds to defray costs related to another party's use of the\nbuilding.\n (e) Notwithstanding the provisions of this chapter to the contrary,\nthe authority may issue a license to sell liquor at retail to be\nconsumed on premises to a club as such term is defined in subdivision\nnine of section three of this chapter whether or not the building in\nwhich the premises for which such license is to be issued is used\nexclusively for club purposes and whether or not such premises is within\ntwo hundred feet of a building used exclusively as a school, church,\nsynagogue or place of worship if such club is affiliated or associated\nwith such school, church, synagogue or place of worship and the\ngoverning body of such school, church, synagogue or other place of\nworship has filed written notice with the authority that it has no\nobjection to the issuance of such license.\n (e-1) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a church, synagogue or other place of\nworship, provided such premises constitutes a premises for the sale of\nfood or beverages at retail for consumption on the premises and/or an\novernight lodging facility located wholly within the boundaries of the\nborough of Manhattan in the city and county of New York, bounded and\ndescribed as follows:\n BEGINNING at a point on the southerly side of 49th Street, distant 160\nfeet easterly from the corner formed by the intersection of the\nsoutherly side of 49th Street with the easterly side of 8th Avenue;\nrunning thence southerly, parallel with 8th Avenue and part of the\ndistance through a party wall, 100 feet 5 inches to the center line of\nthe block between 48th and 49th Streets; thence easterly along the\ncenter line of the block, 40 feet; thence northerly, parallel with 8th\nAvenue and part of the distance through a party wall, 100 feet 5 inches\nto the southerly side of 49th Street; thence westerly along the\nsoutherly side of 49th Street, 40 feet to the point or place of\nbeginning. Premises known as 240 and 242 West 49th Street, New York\nCity. Being the same premises described in deed made by Hotel Mayfair\nInc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50\nin liber 4657 Cp. 250.\n (e-2) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a church, synagogue or other place of\nworship, provided such premises constitutes a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Ulster, bounded and\ndescribed as follows:\n ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and\nimprovements erected thereon, situated in the Village of Ellenville,\nTown of Wawarsing, County of Ulster and State of New York, being further\nbounded and described as follows:\n Beginning at a three-quarter inch diameter iron rod found on the\nsouthwesterly bounds of Canal Street, marking the northeasterly corner\nof the lands, now or formerly, John Georges, as described in liber 2645\nof deeds at page 278.\n Thence along the southeasterly bounds of the lands of John Georges,\npassing 1.42 feet northwesterly from the southwesterly corner of the\nbuilding situated on the premises described herein, South thirty-nine\ndegrees, forty-one minutes, fifty-two seconds West, one hundred fifty\nand zero hundredths feet (S 39-41-52 W, 150.00') to the northeasterly\nbounds of the lands, now or formerly, Thomas Powers, as described in\nliber 1521 of deeds at page 749. Thence along the northeasterly bounds\nof the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,\nsixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16\nE, 28.00').\n Thence passing 1.92 feet southeasterly from the southeasterly corner\nof the building situated on the premises described herein. North\nthirty-nine degrees, forty-one minutes, fifty-two seconds East, one\nhundred fifty and zero hundredths feet (N 39-41-52 E, 150.00') to the\nsouthwesterly bounds of Canal Street.\n Thence along the southwesterly bounds of Canal Street, North fifty\ndegrees, thirty-nine minutes, sixteen seconds West, twenty-eight and\nzero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.\n Containing 4,199.92 square feet of land or 0.0996 of an acre of land.\n Being the same premises as conveyed by deed dated September 2, 1999\nfrom Chris M. Camio as Executor of the Last Will and Testament of Alice\nManzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and\nAlfred S. Dannhauser and recorded in the Ulster County Clerk's Office on\nSeptember 15, 1999 in Liber 2966 at page 291.\n The undivided interests of John Harris and Alfred S. Dannhauser having\nbeen conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded\nin the Ulster County Clerk's Office in Liber 3213 p 65.\n (e-3) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be within two hundred feet of a\nbuilding occupied exclusively as a school, provided such premises\nconstitutes a premises for the sale of food or beverages at retail for\nconsumption on the premises and/or an overnight lodging facility located\nwholly within the boundaries of the borough of Manhattan in the city and\ncounty of New York, bounded and described as follows:\n Beginning at a point on the southerly side of 46th street, distant\nthree hundred fifty (350) feet westerly from the corner formed by the\nintersection of the westerly side of Sixth Avenue with the said\nsoutherly side of 46th street. Running thence southerly parallel with\nthe said westerly side of Sixth Avenue and for part of the distance\nthrough a party wall, one hundred (100) feet four (4) inches; thence\nwesterly parallel with the southerly side of 46th street, eighty (80)\nfeet; thence northerly again parallel with the westerly side of Sixth\nAvenue, one hundred (100) feet four (4) inches to the southerly side of\n46th street; and thence easterly along the said southerly side of 46th\nstreet, eighty (80) feet to the point or place of beginning. Premises\nknown as 130 West 46th Street, New York City. Being the same premises\ndescribed in deed made by Massachusetts Mutual Life Insurance Company to\nWest 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the\nOffice of the City Register, New York County, on February 6, 2007 as\nCFRN 2007000069808.\n (e-4) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for consumption on the premises\nlocated wholly within the boundaries of the county of Ulster, bounded\nand described as follows:\n THOSE THREE BUILDING LOTS situate on the northeasterly side of Union\nAvenue in the city of Kingston, between Thomas and Cornell Streets,\nknown and distinguished upon a map of the property of the estate of said\nThomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April\n11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and\nbounded and described as follows:\n BEGINNING at the west corner of lot seven which is also the corner of\nCornell Street, where it intersects with Union Avenue, and runs from\nthence in the southerly bounds of Cornell Street, N. 48 degrees 10' east\nthe distance of one hundred and thirty-eight (138) feet, to the south\nbounds of lot (8) eight as laid down upon said map, thence along in the\nsouth bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear\nof lots seven, six and five (7, 6 & 5) as aforesaid the distance of\nseventy-two (72) feet to a lot of land owned by Max Oppenheimer and\nknown on said map as lot four (4); thence in the division line between\nlot four and five as laid down upon said map, south 48 degrees 10' W.\none hundred and twenty-two (122) feet, and fifty-four hundredths of a\nfoot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;\nthence along in said northeasterly bounds of said Union Avenue north 53\ndegrees 57' west along the front of said lots five, six and seven (5, 6\n& 7) the distance of seventy-three feet and sixty-five hundredths of a\nfoot (73 65/100 feet) to the place of beginning; and a part of said\npremises being a part of the same that was conveyed to Thomas Cornell by\nJansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the\noffice of the Clerk of Ulster County in book No. 204 of deeds at page\n403 March 6th, 1877, the balance of the property hereinbefore described\nand herein intended to be conveyed was conveyed to Thomas Cornell by\nJames E. Ostrander and wife by deed bearing date February 8th, 1869, and\nrecorded in Ulster County Clerk's Office in book 175 of deeds at page\n29, February 6th, 1872.\n * (e-5) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a school, provided such\npremises constitute a premises for the sale of food or beverages at\nretail for consumption on the premises located wholly within the\nboundaries of the borough of Brooklyn in the county of Kings and the\ncity of New York, bounded and described as follows:\n Beginning at a point on the westerly side of Washington Avenue distant\n636.45 feet southerly from the intersection of the southerly side of\nEastern Parkway and westerly side of Washington Avenue, said point being\nthe point of beginning; Running thence southerly along the westerly side\nof Washington Avenue, a distance of 345.43 feet; thence westerly along\nthe line forming an interior angle with the previous course of 90\ndegrees 00 minutes 00 seconds, a distance of 122.68 feet; Thence\nnortherly along the line forming an interior angle with the previous\ncourse of 58 degrees 50 minutes 53 seconds, a distance of 123.94 feet;\nThence northerly along the line forming an exterior angle with the\nprevious course of 159 degrees 18 minutes 33 seconds, a distance of\n36.59 feet; Thence northerly along the line forming an exterior angle\nwith the previous course of 169 degrees 36 minutes 23 seconds, a\ndistance of 26.26 feet; Thence westerly along the line forming an\nexterior angle with the previous course of 123 degrees 49 minutes 33\nseconds, a distance of 58.57 feet; Thence southwesterly along the line\nforming an exterior angle with the previous course of 129 degrees 53\nminutes 13 seconds, a distance of 108.38 feet; Thence westerly, a\ndistance of 84.05 feet along a curve to the right, which has a radius of\n192.59 feet, and having a central angle of 25Á00'14"; Thence westerly, a\ndistance of 58.94 feet along a curve to the right, which has a radius of\n181.42 feet, and having a central angle of 18Á36'54". Thence westerly, a\ndistance of 354.56 feet; Thence northerly along the line forming an\ninterior angle with the previous course of 90 degrees 14 minutes 09\nseconds, a distance of 114.49 feet; Thence easterly along the line\nforming an exterior angle with the previous course of 286 degrees 53\nminutes 22 seconds, a distance of 7.54 feet; Thence easterly along the\nline forming an interior angle with the previous course of 195 degrees\n07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly along\nthe line forming an interior angle with the previous course of 193\ndegrees 52 minutes 57 seconds, a distance of 161.51 feet; Thence\nwesterly along the line forming an interior angle with the previous\ncourse of 257 degrees 31 minutes 43 seconds, a distance of 116.17 feet;\nThence northeasterly, a distance of 7.07 feet along a non-tangent curve\nto the right, having a radius of 4.50 feet, a central angle of 89Á59'10"\nand a chord of 6.36 feet, which chord makes an interior angle with the\nprevious course of 135 degrees 01 minutes 12 seconds; Thence easterly\nalong the line forming an interior angle with the chord of the\nabove-referenced curve of 135 degrees 01 minutes 17 seconds, a distance\nof 135.59 feet; Thence easterly, a distance of 81.93 feet along a\nnon-tangent curve to the left, having a radius of 272.93 feet, a central\nangle of 17Á11'59" and a chord of 81.63 feet, which chord makes an\ninterior angle with the previous course of 186 degrees 52 minutes 37\nseconds; Thence easterly along the line forming an interior angle with\nthe chord of the above-referenced curve of 192 degrees 21 minutes 11\nseconds, a distance of 38.24 feet; Thence easterly along the line\nforming an interior angle with the previous course of 183 degrees 09\nminutes 51 seconds, a distance of 21.53 feet to the point of beginning.\n * NB There are 2 par (e-5)'s\n * (e-5) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for consumption on the premises\nlocated wholly within the boundaries of the county of Kings, bounded and\ndescribed as follows:\nALL that certain plot, piece or parcel of land situate lying and being\nin the Borough of Brooklyn, County of Kings, City and State of New York,\nbounded and described as follows:\nBEGINNING at the corner formed by the intersection of the southerly side\nof Synder Avenue, with the easterly side of Bedford Avenue;\nTHENCE easterly along the southerly side of Synder Avenue, 99 feet 10\ninches;\nTHENCE southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to\nthe center line of Union Street, as shown on the Bergen Map;\nTHENCE westerly along the center line of Union Street, as aforesaid, 99\nfeet 10 inches to the easterly side of Bedford Avenue;\nTHENCE northerly along the easterly side of Bedford Avenue, 81 feet 1/8\ninches to the point or place of BEGINNING.\n * NB There are 2 par (e-5)'s\n * (e-6) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Kings, bounded and\ndescribed as follows:\n BEGINNING at a point on the northerly side of Grand Street, distant\nthree hundred and nineteen feet and three inches easterly from the\ncorner formed by the intersection of the northerly of Grand Street with\nthe easterly side of Berry (formerly Third) Street, which point of\nbeginning is where a line drawn along the easterly wall of the house now\nor formerly owned by one Schaefer intersects the northerly side of Grand\nStreet; running thence northerly along the easterly wall of the house\nnow or formerly owned by one Schaefer, seventy one feet and six inches;\nthence easterly nearly parallel with Grand Street, eighteen feet and\nfive inches; thence southerly, seventy feet and seven inches to the\nnortherly side of Grand Street at a point, sixteen feet easterly from\nthe point of beginning; thence westerly along the northerly side of\nGrand Street, sixteen feet.\n * NB There are 2 par (e-6)'s\n * (e-6) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises provided such premises constitutes a premises\nfor the sale of food or beverages at retail for consumption on the\npremises located wholly within the boundaries of the borough of\nManhattan in the city and county of New York, bounded and described as\nfollows:\n BEGINNING at the corner formed by the intersection of the southerly\nside of Fulton Street with the westerly side of Broadway;\n RUNNING THENCE southerly along the westerly side of Broadway, 78 feet\n11 1/2 inches to an angle point, in said westerly side of Broadway;\n THENCE southerly still along the westerly side of Broadway, 75 feet 3\ninches to the corner formed by the intersection of the westerly side of\nBroadway with the northerly side of Dey Street;\n THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4\ninches;\n THENCE northerly along a line which forms an angle on its westerly\nside with the northerly side of Dey Street of 91 degrees 21 minutes 50\nseconds, 77 feet 5 1/2 inches;\n THENCE easterly along a line which forms an angle on its southerly\nside with the last described course of 91 degrees 21 minutes 50 seconds,\n75 feet 4 5/8 inches;\n THENCE northerly along a line which forms an angle on its westerly\nside with the last described course of 91 degrees 00 minutes 00 seconds,\n77 feet 5 1/4 inches to the southerly side of Fulton Street;\n THENCE easterly along the southerly side of Fulton Street, 99 feet 8\ninches to an angle point on said southerly side of Fulton Street;\n THENCE easterly still along the southerly side of Fulton Street, 100\nfeet 2 1/2 inches to the point or place of BEGINNING.\n TOGETHER with benefits and subject to the terms contained in that\ncertain Easement and License Agreement dated as of April 20, 1993\nbetween Kalikow Fulton Church Realty Company and 195 Property Company\nand recorded on May 10, 1993 in Reel 1969 page 1310.\n * NB There are 2 par (e-6)'s\n * (e-7) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied exclusively as a church, synagogue, or other\nplace of worship, provided such premises constitutes a premises for the\nsale of food or beverages at retail for the consumption on the premises\nlocated wholly within the boundaries of the county of Ulster, bounded\nand described as follows:\n All that piece or parcel of land, situate in the City of Kingston,\nCounty of Ulster and State of New York described as follows: Beginning\nat a spike in the concrete sidewalk on the south bounds of Main Street\nat its intersection with the west bounds of Fair Street; Thence south 8\ndegrees 10 hours 9 minutes east along the west bounds of Fair Street\n105.31 feet to a spike in line with a three story brick building on\nlands now or formerly Norman G. Lebhar and John W. Krueger (L.1516\nP.425); Thence south 83 degrees 26 hours 38 minutes west along said\nbuilding and lands of Lebhar and Krueger 46.27 feet to a corner of said\nbuilding; Thence north 8 degrees 4 hours 13 minutes west along lands now\nor formerly Lawrence A. Quilty and others (L.1422 P.123) and along the\nbrick building on the herein described parcel 102.62 feet to a\nreinforcement rod set on the south bounds of Main Street; Thence north\n80 degrees 6 hours 32 minutes east along said bounds of Main Street\n46.10 feet to the point and place of beginning. Being the same premises\nas conveyed by Bernard R. Herzberg and the Estate of Rosalyn M. Nave,\nMargaret D. Huff, Executrix to Mark J. Berlanga by deed dated September\n15, 1995 and recorded in the Ulster County Clerk's Office on September\n20, 1995 in Liber 2525 of Deeds at Page 200.\n * NB There are 2 par (e-7)'s\n * (e-7) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Erie, bounded and\ndescribed as follows:\n ALL that certain plot, piece or parcel of land situate in the City of\nBuffalo, County of Erie and state of New York, being part of Lot No. 77,\nTownship 11, Range 8 of the Holland Land Company's Survey, and further\ndistinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown\non a map filed in the Erie County Clerk's Office under Cover No. 781 and\nmore particularly bounded and described as follows:\n BEGINNING at the point of intersection of the northerly line of Hertel\nAvenue as now laid out 100 feet wide with the easterly line of Saranac\nAvenue; thence northerly along the easterly line of Saranac Avenue 120\nfeet; thence easterly parallel with Hertel Avenue 100 feet; thence\nsoutherly parallel with Saranac Avenue and along the easterly line of\nsaid subdivision Lot No. 2, a distance of 120 feet to the northerly line\nof Hertel Avenue; thence westerly along said line of Hertel Avenue 100\nfeet to the point of beginning.\n * NB There are 2 par (e-7)'s\n (e-8) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Erie, bounded and\ndescribed as follows:\n ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No.48, Township\n11, Range 8 of the Holland Land Company's Survey, described as follows:\n BEGINNING at a point in the easterly line of Elmwood Avenue distant\n191.1 feet north of the intersection of said easterly line of Elmwood\nAvenue with the northerly line of Bird Avenue; running thence northerly\nalong the said easterly line of Elmwood Avenue 63 feet; thence easterly\nat right angles with Elmwood Avenue 140 feet; thence southerly parallel\nwith Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood\nAvenue 140 feet to the said easterly line of Elmwood Avenue to the point\nor place of beginning.\n All that Tract or Parcel of Land, situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No. Forty-Eight\n(48), Township Eleven (11) and Range Eight (8) of the Holland Land\nCompany's survey and bounded and described as follows:\n BEGINNING at a point in the easterly line of Elmwood Avenue One\nHundred Sixty and one-tenth (160.10) feet northerly from its\nintersection with the northerly line of Bird Avenue, running thence\nnortherly on said easterly line of Elmwood Avenue Thirty-one (31) feet;\nthence easterly at right angles to Elmwood Avenue One Hundred forty\n(140) feet; thence southerly parallel with Elmwood Avenue Thirty-one\n(31) feet; thence westerly at right angles to Elmwood Avenue, One\nHundred forty (140) feet to the easterly line of Elmwood Avenue at the\nplace of beginning.\n All that Tract or Parcel of Land, situate in the City of Buffalo,\nCounty of Erie and State of New York, being part of Lot No. 48, Township\n11, Range 8 of the Holland Land Company's Survey and bounded and\ndescribed as follows:\n BEGINNING at a point in the east line of Elmwood Avenue, distant\n321.50 feet south from the intersection of said east line with the south\nline of Forest Avenue; thence south along the east line of Elmwood\nAvenue, 49 feet to a point; thence east at right angles to the east line\nof Elmwood Avenue, 140 feet to a point, thence north, parallel with the\neast line of Elmwood Avenue, 49 feet to a point; thence west in a\nstraight line, 140 feet to the point of beginning.\n * (e-9) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship and a school, provided such premises constitute a premises for\nthe Lewiston fire department located wholly within the boundaries of the\ncounty of Niagara, bounded and described as follows:\n ALL that certain plot, piece or parcel of land situate in the Village\nof Lewiston, County of Niagara and state of New York, being New Lot "C"\naccording to a map made by James M. McIntyre, Surveyor, on April 8, 2011\nand filed in the Niagara County Clerk's Office on June 13, 2012 in Book\n64 of Microfilmed Maps, at page 6441m showing re-subdivision of Old\nSublots 169 and 170 on the east side of the North Fifth Street; and\nsublots 154, 155 and 156 on the south side of Onondaga Street as shown\non Map of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and\nfiled with the Deed Atlas in Niagara County Clerk's Office, and bounded\nand described as follows:\n BEGINNING at a point in the intersection of the south line of Onondaga\nStreet and the west line of North Sixth Street; thence south along the\nwest line of North Sixth Street, a distance of 264.00 feet; thence west\nat an interior angle of 90Á10'33", a distance of 198.00 feet to the east\nline of North Fifth Street; thence north along the east lone of North\nFifth Street, at an interior angle of 89Á29'47", a distance of 132.00\nfeet; thence east at an interior angle of 90Á10'33", a distance of\n102.00 feet; thence north at an exterior angle of 90Á10'33", a distance\nof 132.00 feet to the south line of Onondaga Street; thence east along\nthe south line of Onondaga Street, a distance of 96.00 feet to the point\nof beginning.\n * NB There are 2 par (e-9)'s\n * (e-9) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Jefferson, bounded and\ndescribed as follows:\n ALL that certain lot, piece or parcel of land, situated in the City of\nWatertown, County of Jefferson and State of New York, described as\nfollows:\n BEGINNING in the westerly margin of Massey Street where it intersects\nthe southerly margin of Prospect Street;\n THENCE southerly along the margin of said Massey Street about 6 rods\nand 1/4 of a rod to land formerly owned by Ed. Bohl;\n THENCE westerly at right angles along the northerly line of said Bohl\nlot to a point therein 34 feet from the southeasterly corner of a lot of\nland conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7\ninches;\n THENCE northerly at right angles and parallel with the easterly line\nof said Gillingham's lot about 6 1/4 rods to Prospect Street;\n THENCE easterly along the south margin of said Prospect Street to the\nplace of beginning, and all the lands belonging to the land hereby\nconveyed and lying in front of the same Massey and Prospect Streets;\n BEING the same premises conveyed to Vincent Cavallerio and Adrianna\nCavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded\nin the Jefferson County Clerk's office on May 27, 1977 in Liber 881 of\nDeeds at page 418. Vincent Cavallario died in the City of Watertown on\nAugust 17, 1984;\n ALSO BEING the same premises conveyed to Adriana Cavallario and Peter\nG. Cavallario, as Trustees of the living Trust of Adriana Cavallario,\nunder agreement dated October 14, 1995, by Adriana Cavallaria, by\nwarranty deed dated October 24, 1995 and recorded in the Jefferson\nCounty Clerk's office on November 8, 1995 in Liber 1483 at Page 15;\n ALSO BEING the premises known as 133 North Massey Street, Watertown,\nNew York.\n * NB There are 2 par (e-9)'s\n (e-10) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Washington, bounded and\ndescribed as follows:\n ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of\nthe intersection of Main Street and Maple Street in the Village of\nHudson Falls, Washington County, New York, and which said parcel in more\nparticularly bounded and described as follows:\n BEGINNING at a point marking the intersection of the easterly bounds\nof Main Street with the southerly bounds of Maple Street; running thence\nfrom the point of beginning in an easterly direction along the southerly\nbounds of Maple Street. South 86 degrees 47 minutes 40 seconds East for\na distance of 229.47 feet to a point; running thence in a southerly\ndirection, south 07 degrees 28 minutes 10 seconds West for a distance of\n100.05 feet to a point; running thence in a northerly line of lands of\nthe First Baptist Church of Hudson Falls; running thence in a westerly\ndirection along the northerly line of said lands of said Church, North\n84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a\npoint in the easterly bounds of Main Street; running thence in a\nnortherly direction along the easterly bounds of Main Street, North 06\ndegrees 11 minutes 40 seconds West for a distance of 94.47 feet to the\npoint of beginning. The same to contain 0.483 acres ±.\n REFERENCE to the above description is a survey map titled "Map of a\nSurvey of Lands of the County of Washington" prepared by Charles T.\nNancy, Licensed Land Surveyor, Dated August 4, 1994 and on file at the\nWashington County Clerk's Office in Drawer 31B of Maps and Map Number\n31B-160.\n ALL THAT CERTAIN LOT OR PARCEL OF LAND situated in the Village of\nHudson Falls, Washington County, New York bounded and described as\nfollows:\n BEGINNING at a point on the south line of Maple Street in said Village\nfifty feet westerly of a steel bolt in the northwest corner of the New\nYork Telephone Co.'s Lot, which said point is at the west end of a\nretaining curbing to the south line of brick driveway, thence running\nnorth 75 degrees east along said south line of Maple Street fifty feet\nto a bolt driven in the ground for a monument as a marker; thence\nsoutherly one hundred and eight and seven tenths feet to an iron bolt\ndriven in the ground fifty feet from the west line of lot hereby\nconveyed; thence easterly fifty-one feet to a large iron pipe driven in\nthe ground for a monument; thence southerly about two feet easterly of\nthe garage building on said property fifty-six feet to the location of\nthe boundary line between lands formerly owned by Elisha Baker, and\nSamuel Tappin and U. Cornell Allen, the same being the southerly\nboundary line of the premises hereby conveyed; thence westerly on said\nboundary line one hundred and two feet to the east line of the Baptist\nChurch lot, which lot last mentioned line is monumented; thence along\nthe east line of said Church lot and the lot formerly owned by Crenville\nM. Ingalsbe one hundred and sixty-one feet to the place of beginning.\n The above described premises are conveyed subject to a certain right\nof way over same heretofore granted by George H. Newton to Hudson River\nTelephone Co. by Deed dated July 10, 1915 and recorded in Washington\nCounty Clerk's Office in Liber 138 of Deeds at Page 134.\n A more modern description of the above premises is as follows:\nCommencing in the southerly bounds of Maple Street at the northwest\ncorner of premises formerly of New York Telephone Company; running\nthence along the westerly bounds of said lands formerly of New York\nTelephone Company; running thence along the westerly bounds of said\nlands formerly of New York Telephone Company on a course of south 7\ndegrees 29 minutes west for a distance of 108.66 feet to a point for a\ncorner; running thence south 85 degrees 03 minutes east for a distance\nof 50.97 feet to an iron pipe found for a corner; running thence south 8\ndegrees 35 minutes west for a distance of 56.65 feet to an iron pipe\nfound for a corner; running thence north 83 degrees 40 minutes west for\na distance of 101.94 feet along the northerly bounds of lands formerly\nof O.T. Griffin to a point for a corner in the easterly bounds of the\nBaptist Church lot; running thence north 8 degrees 17 minutes east for a\ndistance of 162.10 feet to a point in the southerly bounds of Maple\nStreet; running thence south 85 degrees 57 minutes east for a distance\nof 49.90 feet to the point and place of beginning. The aforedescribed\npremises are depicted on a certain "Map of Lands of Village of Hudson\nFalls at "#8 Maple Street" dated November 2, 1953 by Leslie W. Coulter\nand filed in the Washington County Clerk's Office on January 11, 1954,\nas Map No. 02.\n * (e-11) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises occupying\nthe southernmost portion of the buildings and improvements further\nidentified as suite two hundred ten and located wholly within the\nboundaries of the county of Westchester, bounded and described as\nfollows:\n ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and\nimprovements thereon erected, situate, lying and being in the City of\nWhite Plains, County of Westchester, State of New York, more\nparticularly described as follows:\n BEGINNING at a point in the northerly side of Main Street as the same\nis now laid out and established where said northerly side of Main Street\nis intersected by the division line between the premises hereby\ndescribed and land now or formerly of Henry E. Hartnett said point being\nat the southeasterly corner of the parcel hereby described;\n THENCE RUNNING along the northerly side of Main Street as now\nestablished, South 76 degrees 38 minutes 54 seconds West 48.24 feet to a\nmonument thence on a curve to the right forming the northeasterly corner\nof Main Street and Church Street said curve having a radius of 26.03\nfeet, a distance of 39.836 feet (39.84 feet per deed) to the easterly\nside of Church Street;\n THENCE RUNNING along the easterly side of Church Street North 15\ndegrees 40 minutes West 205.61 feet to the northwesterly corner of the\npremises hereby described and to the southerly line of a 12 foot\ndriveway leading from land of Henry E. Hartnett to Church Street;\n THENCE RUNNING along the southerly side of said driveway, North 74\ndegrees 18 minutes 50 seconds East 74.84 feet to the northeasterly\ncorner of the premises hereby described and land of Henry E. Hartnett;\n THENCE along said land of Henry E. Hartnett, South 15 degrees 15\nminutes 30 seconds East 233.60 feet to the northerly side of Main\nStreet, at the point or place of BEGINNING.\n TOGETHER with the benefits of a certain Declaration of Easement made\nby Markbeth Building Corp dated October 28, 1981 and November 10, 1981\nin Liber 7736 cp 262 as set forth therein.\n * NB There are 3 par (e-11)'s\n * (e-11) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a school, church, synagogue or other\nplace of worship, provided such premises constitute a premises for the\nsale of food or beverages at retail for consumption on the premises\nlocated wholly within the boundaries of the county of Erie, bounded and\ndescribed as follows:\n ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo,\nCounty of Erie and State of New York, and bounded and described as\nfollows: being part of Lot number seventy-one (71), Township eleven\n(11), Range eight (8) of the Holland Land Company's survey and in a\nsubdivision of part of said lots 71 and 72, made for Main Street Land\nand Improvement Co., by C.F. Witmer, surveyor, a map of which\nsubdivision is on file in Erie County Clerk's Office under Cover 292.\nThis premises herby conveyed being designated as subdivision lot No.\nthirty-nine (39) in Block "C" and bounded and described as follows:\n BEGINNING at a point in the westerly line of Main Street thirty-six\nand one-half (36-1/2) feet northerly from its intersection with the\nnortherly line of Heath Street (formerly Morton Street). Running thence\nnortherly along said line of Main Street thirty-six and one-half\n(36-1/2) feet; thence westerly at right angles with said line of Main\nStreet to a sixteen (16) foot alley; thence southerly along the easterly\nline of said alley to a point where a line drawn at right angles with\nsaid line of Main Street would intersect said line of Main Street at the\nplace of beginning and thence easterly at right angles with Main Street\nto the said line of Main Street at the place of beginning.\n * NB There are 3 par (e-11)'s\n * (e-11) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Broome, bounded and\ndescribed as follows:\n ALL THAT TRACT OR PARCEL OF LAND situate in the City of Binghamton,\nCounty of Broome, State of New York, bounded and described as follows:\n BEGINNING at a point at the intersection of the northerly street\nboundary of Henry Street and the easterly street boundary of Water\nStreet, at the southwesterly corner of the premises herein described;\n THENCE N 17Á-02'-44" E along said easterly street boundary of Water\nStreet a distance of 96.66 feet to a point;\n THENCE N 19Á-42'-08" E along said easterly street boundary of Water\nStreet a distance of 25.28 feet to a 5/8 inch rebar with plastic yellow\ncap marked "Jennings" found at the southwesterly corner of lands owned\nby the City of Binghamton as recorded in the Broome County Clerk's\nOffice in Liber 549 at page 418;\n THENCE S 77Á-19'-48" E along the southerly boundary of lands owned by\nsaid City of Binghamton a distance of 118.89 feet to a masonry nail\nfound in the westerly boundary of lands owned by Samuel Diamond (Liber\n1198, page 377);\n THENCE S 17Á-49'-47" W along said westerly boundary of lands owned by\nDiamond a distance of 14.00 feet to a 1/2 inch rebar found;\n THENCE S 82Á-36'-13" E along the southerly boundary of lands owned by\nsaid Diamond a distance of 5.06 feet to a point at the northwesterly\ncorner of lands owned by Washington Building Management Company (Liber\n1750, page 69);\n THENCE S 15Á-00'-17" W along the westerly boundary of lands owned by\nsaid Company a distance of 42.68 feet to a point;\n THENCE, S 83Á-53'-13" E along the southerly boundary of lands owned by\nsaid Company a distance of 28.00 feet to a point at the northwesterly\ncorner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page\n33) on the exterior face of a building wall;\n THENCE, along the westerly boundary of lands owned by said Mitchell\nthe following three courses:\n 1. S 11Á-52'-47" W along said wall a distance of 33.68 feet to a point\nin a party building wall;\n 2. S 84Á-51'-13" E along said party wall a distance of 7.57 feet to a\npoint;\n 3. S 14Á-48'-47" W along the centerline of a party building wall a\ndistance of 35.26 feet to a point in said northerly street boundary of\nHenry Street;\n THENCE N 77Á-32'-37" W along said northerly street boundary of Henry\nStreet a distance of 165.87 feet to the point of beginning as surveyed\nby Paul B. Koerts, Professional Land Surveyor on March 11, 1996. The\nbearings are referenced to record north for lands owned by said City of\nBinghamton (Liber 549, page 418).\n Together with the following:\n 1. A right-of-way over the westerly 12.5 feet of so much of the\npremises described above as adjoins the premises formerly of Charles A.\nWilkinson, now of Clare B. Risk, on the west (being the northerly 40\nfeet thereof, more or less), and adjoining the premises described above\non the east, as granted in a deed from Charles A. Wilkinson, et al, to\nJohn Hull, Jr., et al, dated February 24, 1886 and recorded in the\nBroome County Clerk's Office on November 20, 1886 in Book 130 of Deeds\nat page 546.\n 2. The benefits contained in an agreement between Hull, Grummond & Co.\nand George F. O'Neil providing for the erection of a party wall recorded\nin the Broome County Clerk's Office on October 28, 1913 in Book 247 of\nDeeds at Page 313.\n 3. The benefits contained in an agreement between Mabel D. Eggleston\nand Hull-Grummond & Co., Inc. providing for the erection of a party wall\nrecorded in the Broome County Clerk's Office on August 28, 1918 in Book\n281 of Deeds at page 179.\n * NB There are 3 par (e-11)'s\n (e-12) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the Borough of Brooklyn, county of\nKings, bounded and described as follows:\n ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and\nimprovements thereon erected, situate, lying and being in the Borough of\nBrooklyn, County of Kings, City and State of New York, bounded and\ndescribed as follows:\n BEGINNING at a point on the northerly side of Lafayette Avenue,\ndistant 43 feet westerly from the corner formed by the intersection of\nthe northerly side of Lafayette Avenue with the westerly side of St.\nFelix Street, which point is opposite the center line of a party wall on\nthe premises herein described and the premises adjoining on the east;\n RUNNING THENCE westerly along the northerly side of Lafayette Avenue,\n21 feet 6 inches to a point opposite the center line of another party\nwall on the premises herein described and premises adjoining on the\nwest;\n THENCE northerly parallel with the westerly side of St. Felix Street,\nand part of the distance through a party wall, 100 feet to a point\ndistant 63 feet westerly (deed) 64 feet 6 inches (tax map) from the\nwesterly side of St. Felix Street measuring along a line drawn at right\nangles thereto from a point thereon distant 100 feet northerly from the\ncorner formed by the intersection of the northerly side of Lafayette\nAvenue with the westerly side of St. Felix Street;\n THENCE easterly parallel with the northerly side of Lafayette Avenue\nand at right angles to St. Felix Street, 21 feet 6 inches;\n THENCE southerly parallel with St. Felix Street and part of the\ndistance through a party wall, 100 feet to the northerly side of\nLafayette Avenue at the point or place of BEGINNING.\n For Information Only: Said premises are known as 33 Lafayette Avenue,\nBrooklyn, NY and designated as Block 2108 Lot 19 as shown on the Tax Map\nof the City of New York, County of Kings.\n * (e-13) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the city of Niagara Falls, county of\nNiagara, bounded and described as follows:\n ALL THAT TRACT OR PARCEL OF LAND situate in the City of Niagara Falls,\nCounty of Niagara and State of New York, being part of Lot No. 43 of the\nMile Reserve and further distinguished as Lots Nos. 2 and 4 as shown on\nmap made by Jesse P. Haines and filed on December 20, 1861 under Cover\nNo. 389, being situate on the east line of Second Street, bounded and\ndescribed as follows:\n BEGINNING at the intersection of the north line of Rainbow Boulevard,\nformerly Jefferson Avenue and formerly Union Street, with the east line\nof Second Street; thence northerly along the east line of Second Street,\na distance of about 106.56 feet to the south line of Lot No. 6; thence\neasterly along the south line of Lot No. 6, a distance of 132.52 feet to\nthe west line of an alley which is also the east line of Lots Nos. 2 and\n4; thence southerly along the west line of said alley, a distance of\n186.8 feet to the north line of Rainbow Boulevard; thence westerly along\nthe north line of Rainbow Boulevard, as distance of about 154.34 feet to\nthe east line of Second Street and point of beginning.\n * NB There are 3 par (e-13)'s\n * (e-13) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the Village of Jeffersonville, Town of\nCallicoon, county of Sullivan, bounded and described as follows:\n BEGINNING at a Point in the northwesterly bounds of New York State\nRoute No. 52 (Main Street) at its northwesterly corner of Parcel II as\ndescribed in the Deed Instrument 2019-9072, thence running North 47\ndegrees 46 minutes West 135.00 feet to an iron set on the southeasterly\nbounds of lands of Schnabele (Deed Instrument 2016-2475), thence running\nalong the southeasterly bounds of said lands of Schnabele South 42\ndegrees 31 minutes West 60 feet to an iron rod found at the southerly\ncorner of said lands of Schnabele, thence running along the\nsouthwesterly bounds of said lands of Schnabele and a projection thereof\nNorth 53 degrees 51 minutes 00 seconds West 276.00 feet to a point in a\ntwin hemlock tree on the easterly bounds of lands of Richard and\nKathleen Herbert Irrevocable Trust (Deed Liber 3561 at page 360), thence\nrunning along said easterly bounds of lands of Richard and Kathleen\nHerbert Irrevocable Trust and running generally along a ditch South 12\ndegrees 52 minutes 44 seconds West 125 feet to an iron pipe set, said\niron pipe set being approximately three feet easterly of an iron bar\nfound at the northerly corner of lands of Yeung & Cheung (Deed Liber\n1613 at page 46), thence running South 46 degrees 44 minutes 26 seconds\nEast 255.50 feet to an iron spike set on the Northwesterly bounds of an\neight foot right of way, thence running along said right of way bounds\nand running along the bounds of lands of Yeung & Cheung North 44 degrees\n05 minutes East 3.00 feet to an iron rod found, thence South 47 degrees\n21 minutes East 84 feet to a point on the approximate northwesterly\nbounds of New York State Route No. 52, thence running along said\napproximate northwesterly highway bounds North 44 degrees 12 minutes 18\nseconds East 200.59 feet to the point or place of beginning and\ncontaining 1.3 acre of land to be the same more or less.\n TOGETHER with the use of an eight foot wide right of way through the\nlands of Yeung & Cheung. The northeasterly bounds of said right of way\nbeing the above mentioned course of South 47 degrees 21 minutes East\n84.00. See Deed Liber 430 at Page 404 and Deed Liber 1613 at Page 46.\n SUBJECT any use, dedication, conveyance or easement(s) of record for\npublic highway or public utility purposes.\n Being and intended to be the same premises described in a deed from\nRCAIS HOLDINGS LLC to WLMC LLC dated December 2, 2016 and recorded on\nDecember 14, 2016 in the Sullivan county clerk's office as Instrument\nNo. 2016-9588.\n * NB There are 3 par (e-13)'s\n * (e-13) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the authority may issue a retail license for on-premises\nconsumption for a premises which shall be located within two hundred\nfeet of a building occupied as a church, synagogue or other place of\nworship, provided such premises constitute a premises for the sale of\nfood or beverages at retail for consumption on the premises located\nwholly within the boundaries of the county of Saratoga, bounded and\ndescribed as follows:\n ALL THOSE CERTAIN PARCELS OF LAND and the improvements thereon situate\nin the City of Saratoga Springs, County of Saratoga, State of New York\nlying Northwesterly of and adjacent to Broadway, a.k.a. New York State\nRoute #50 and U.S. Route 9, and being more particularly bounded and\ndescribed as follows:\n BEGINNING at the point of intersection of the division line between\nthe lands of Alice M. Bode as described in Book 808 of Deeds at Page 494\non the Northeast and other lands of Alice M. Bode as described in Book\n808 of Deeds at Page 496 on the Southwest with the Northwesterly line of\nBroadway and runs thence along said division line North 56 degrees 40\nminutes 20 seconds West in part passing through the middle of the brick\nwall between these premises and premises adjoining on South, a distance\nof 151.18 feet to its intersection with the Southeasterly line of Long\nAlley; thence along said Southeasterly line North 33 degrees 34 minutes\n10 seconds East a distance of 34.38 feet to its intersection with the\nSouthwesterly line of Walton Street; thence South 56 degrees 15 minutes\n46 seconds East along said Southwesterly line a distance of 151.18 feet\nto its intersection with the Northwesterly line of Broadway; thence\nalong said Northwesterly line South 33 degrees 34 minutes 10 seconds\nWest a distance of 33.30 feet to the point of beginning.\n BEING the same premises conveyed by Deed by John A. Slade, as\nAdministrator of the goods, chattels and credit of Alice Maude Jenkins\nto Alice M. Bode dated January 1, 1967 and recorded in the Saratoga\nCounty Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 494.\n Subject to an easement granted by Alice M. Bode to Carolyn B. Siewers\nand Leslie J. Suprenant dated December 15, 1987 and recorded in the\nSaratoga County Clerk's Office in Liber 1222 of Deeds at Page 113 on\nDecember 15, 1987.\n BEGINNING at the point of intersection of the division line between\nlands of Alice M. Bode as described in Book 808 of Deeds at Page 494 on\nthe Northeast and other lands of Alice M. Bode as described in Book 808\nof Deeds at Page 496 on the Southwest with the Northwesterly line of\nBroadway, a.k.a. New York State Route #50 and U.S. Route 9, and runs\nthence along said Northwesterly line South 33 degrees 34 minutes 10\nseconds West a distance of 22.83 feet to its point of intersection with\nthe division line between the lands of Alice M. Bode as described in\nBook 808 of Deeds at Page 496 on the Northeast and the lands of James W.\nand Christine Breitenfeld as described in Book 1085 of Deeds at Page 323\non the Southwest; thence along said division line and the division\nbetween the buildings located at 493 and 495 Broadway North 56 degrees\n40 minutes 20 seconds West a distance of 106.98 feet to its point of\nintersection with the division line between said lands of Bode on the\nSoutheast and the lands of John F. Baker as described in Book 1350 of\nDeeds at Page 773 on the Northwest; thence along said division line\nNorth 33 degrees 34 minutes 10 seconds East a distance of 22.83 feet to\na point on the first herein described division line; thence along said\ndivision line South 56 degrees 40 minutes 20 seconds East, in part\npassing through the middle of the brick wall between these premises and\npremises adjoining on North, a distance of 106.98 feet to the point of\nbeginning.\n BEING a portion of the premises conveyed by Deed by John A. Slade, as\nAdministrator of the goods, chattels and credit of Alice Maude Jenkins\nto Alice Bode dated January 1, 1967 and recorded in the Saratoga County\nClerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 496.\n TOGETHER with the appurtenances and all the estate which the decedent\nhad at the time of the decedent's death in the subject premises, and\nalso the estate therein, which the Party of the First Part has or has\npower to convey and dispose of, whether individually, or otherwise.\n * NB There are 3 par (e-13)'s\n (f) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, the authority may issue a license pursuant to this section\nfor a premises which shall be within five hundred feet of three or more\nexisting premises licensed and operating pursuant to this section and\nsections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d\nof this article if, after consultation with the municipality or\ncommunity board, it determines that granting such license would be in\nthe public interest. Before it may issue any such license, the authority\nshall conduct a hearing, upon notice to the applicant and the\nmunicipality or community board, and shall state and file in its office\nits reasons therefor. The hearing may be rescheduled, adjourned or\ncontinued, and the authority shall give notice to the applicant and the\nmunicipality or community board of any such rescheduled, adjourned or\ncontinued hearing. Before the authority issues any said license, the\nauthority or one or more of the commissioners thereof may, in addition\nto the hearing required by this paragraph, also conduct a public meeting\nregarding said license, upon notice to the applicant and the\nmunicipality or community board. The public meeting may be rescheduled,\nadjourned or continued, and the authority shall give notice to the\napplicant and the municipality or community board of any such\nrescheduled, adjourned or continued public meeting. Notice to the\nmunicipality or community board shall mean written notice mailed by the\nauthority to such municipality or community board at least fifteen days\nin advance of any hearing scheduled pursuant to this paragraph. Upon the\nrequest of the authority, any municipality or community board may waive\nthe fifteen day notice requirement. No premises having been granted a\nlicense pursuant to this section shall be denied a renewal of such\nlicense upon the grounds that such premises are within five hundred feet\nof a building or buildings wherein three or more premises are licensed\nand operating pursuant to this section and sections sixty-four-a,\nsixty-four-b, sixty-four-c, and/or sixty-four-d of this article.\n 8. A license issued for such premises as are being conducted as a\ncatering establishment shall authorize the holder thereof to sell\nalcoholic beverages at retail during such period of time as a function,\noccasion or event is in progress therein and then only to persons\ninvited to and attending such function, occasion or event and only for\nconsumption on the premises where sold.\n 9. A retail license under this section may be granted for a premises\nbeing conducted as a restaurant and located in the area leased by the\ncity of New York to the New York World's Fair 1964-1965 pursuant to the\nprovisions of chapter four hundred twenty-eight of the laws of nineteen\nhundred sixty as amended by chapter nine hundred nine of the laws of\nnineteen hundred sixty-one during the term or duration of such lease,\nnotwithstanding the fact that said premises is not open to the general\npublic as required by this chapter provided that such premises has been\ndesignated as an authorized facility of the New York World's Fair\n1964-1965 Corporation and has been certified to the liquor authority by\nsaid corporation as such.\n