NY Alcoh Bev Ctrl L § 64 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 5 - Special Provisions Relating to Liquor 64 - License to Sell Liquor at Retail for Consumption on the Premises.

§  64.  License  to  sell  liquor  at  retail  for  consumption on the premises.   1. Notwithstanding the  provisions  of  subdivision  two  of section seventeen of this chapter, any person may make an application to the  appropriate  board  for  a  license  to sell liquor at retail to be consumed on the premises where sold, and such licenses shall  be  issued to all applicants except for good cause shown.   2.  Such  application  shall  be  in  such form and shall contain such information as shall be required by the rules of  the  liquor  authority and  shall  be accompanied by a check or draft in the amount required by this article for such license.   3. Section fifty-four shall control so far as applicable the procedure in connection with such application.   4. Such license shall in form and in substance be  a  license  to  the person  specifically  licensed to sell liquors at retail, to be consumed upon the premises. Such license  shall  also  be  deemed  to  include  a license  to  sell  wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee.   5. No retail license under this section shall be  granted  except  for such  premises as are being conducted as a bona fide hotel provided that a  restaurant  is  operated  in  such  premises,  restaurant,   catering establishment,  club, railroad car, vessel or aircraft being operated on regularly scheduled flights by a United States certificated airline.   5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this section,  a  liquor  license  may  be  issued  under  this section to an establishment designated and commonly known and operated as a  "bed  and breakfast" regardless of whether or not a restaurant is operated in such establishment,  provided that such license shall only permit the sale of alcoholic beverages to overnight guests of such establishment.   6. Where an on-premise license shall be granted  to  the  owner  of  a hotel  situated  in  a  town  or village the liquor authority may in its discretion grant to such owner the right to sell  liquor  and  wine  for off-premise  consumption under the same terms and conditions as apply to off-premise licenses upon the payment of an additional fee of  sixty-two dollars  and  fifty cents; provided, however, that this permission shall not be granted if an off-premise license has been granted  for  premises located within eight miles of such hotel.   6-a.  The  authority  may  consider  any  or  all  of the following in determining whether public convenience  and  advantage  and  the  public interest  will  be  promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:  (a) The number, classes and character of licenses in proximity to  the location and in the particular municipality or subdivision thereof.  (b)  Evidence  that  all  necessary  licenses  and  permits  have been obtained from the state and all other governing bodies.  (c) Effect of the grant  of  the  license  on  vehicular  traffic  and parking in proximity to the location.  (d) The existing noise level at the location and any increase in noise level that would be generated by the proposed premises.  (e) The history of liquor violations and reported criminal activity at the proposed premises.  (f) Any other factors specified by law or regulation that are relevant to determine the public convenience and advantage and public interest of the community.   7.  No retail license for on-premises consumption shall be granted for any premises which shall be  (a) on the same street or avenue and within  two  hundred  feet  of  a building  occupied  exclusively  as a school, church, synagogue or other place of worship or  (b) in a city, town or village having a population of twenty  thousand or  more  within  five  hundred  feet of three or more existing premises licensed  and  operating  pursuant  to   this   section   and   sections sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or sixty-four-d of this article;  (c) the measurements in paragraphs (a) and (b) of this subdivision are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to the center of the nearest entrance of  such  school,  church, synagogue or other place of worship or to the center of the nearest  entrance  of  each  such  premises  licensed  and operating   pursuant   to   this   section  and  sections  sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except, however, that no  renewal  license  shall  be  denied  because  of  such restriction  to  any premises so located which were maintained as a bona fide hotel, restaurant, catering establishment or club on  or  prior  to December  fifth,  nineteen  hundred  thirty-three;  and,  except that no license shall be denied to any premises at which a  license  under  this chapter has been in existence continuously from a date prior to the date when a building on the same street or avenue and within two hundred feet of  said  premises  has  been  occupied exclusively as a school, church, synagogue or other place of worship; and except that no license shall be denied to any premises, which is within five hundred feet  of  three  or more  existing  premises licensed and operating pursuant to this section and   sections   sixty-four-a,   sixty-four-b,   sixty-four-c,    and/or sixty-four-d  of this article, at which a license under this chapter has been in existence continuously on or prior to November  first,  nineteen hundred  ninety-three;  and  except  that  this subdivision shall not be deemed to restrict the issuance of a hotel liquor license to a  building used  as  a  hotel  and  in  which a restaurant liquor license currently exists for premises which serve as a dining room for guests of the hotel and a caterer's  license  to  a  person  using  the  permanent  catering facilities  of a church, synagogue or other place of worship pursuant to a written agreement between such person and the authorities in charge of such facilities. The liquor authority, in its discretion, may  authorize the removal of any such licensed premises to a different location on the same  street  or avenue, within two hundred feet of said school, church, synagogue or other place of worship, provided that such new location  is not  within a closer distance to such school, church, synagogue or other place of worship.  (d) Within the context of this subdivision, the word "entrance"  shall mean  a door of a school, of a house of worship, or of premises licensed and operating  pursuant  to  this  section  and  sections  sixty-four-a, sixty-four-b,  sixty-four-c,  and/or  sixty-four-d of this article or of the premises sought to be licensed, regularly used to  give  ingress  to students  of  the  school,  to the general public attending the place of worship, and to patrons or guests of the premises licensed and operating pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b, sixty-four-c,  and/or  sixty-four-d  of  this article or of the premises sought to be licensed, except that where a school or house of worship or premises licensed and operating pursuant to this  section  and  sections sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or sixty-four-d of this article or the premises sought to be licensed is set back from a  public thoroughfare,  the  walkway  or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center  of the  walkway  or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which  is used  solely  as an emergency or fire exit, or for maintenance purposes,  or which leads directly to a part of a building not  regularly  used  by the general public or patrons, is not deemed an "entrance".  (d-1) Within the context of this subdivision, a building occupied as a place  of worship does not cease to be "exclusively" occupied as a place of worship by incidental uses that are not of a nature to  detract  from the  predominant  character  of the building as a place of worship, such uses which include, but which are not limited to: the conduct of legally authorized games of bingo or other games of chance held as  a  means  of raising  funds  for  the  not-for-profit  religious  organization  which conducts services at the place of worship or  for  other  not-for-profit organizations   or   groups;   use  of  the  building  for  fund-raising performances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other  not-for-profit organizations  or  groups;  the  use  of the building by other religious organizations or groups for religious services or  other  purposes;  the conduct  of  social activities by or for the benefit of the congregants; the use of the building for meetings held  by  organizations  or  groups providing  bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions  or  diseases including,  but  not  limited  to,  alcoholism,  drug addiction, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use  of the  building  for  blood  drives, health screenings, health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons; and use  of  the building  by  non-congregant members of the community for private social functions. The building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious organization  occupying  the  place  of  worship  accepts  the payment  of  funds to defray costs related to another party's use of the building.  (e) Notwithstanding the provisions of this chapter  to  the  contrary, the  authority  may  issue  a  license  to  sell  liquor at retail to be consumed on premises to a club as such term is  defined  in  subdivision nine  of  section  three  of this chapter whether or not the building in which the premises for which such  license  is  to  be  issued  is  used exclusively for club purposes and whether or not such premises is within two  hundred  feet  of  a building used exclusively as a school, church, synagogue or place of worship if such club is affiliated  or  associated with  such  school,  church,  synagogue  or  place  of  worship  and the governing body of such school,  church,  synagogue  or  other  place  of worship  has  filed  written  notice  with  the authority that it has no objection to the issuance of such license.  (e-1)  Notwithstanding  the  provisions  of  paragraph  (a)  of   this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet  of  a building  occupied  exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the  sale  of food  or  beverages  at retail for consumption on the premises and/or an overnight lodging facility located wholly within the boundaries  of  the borough  of  Manhattan  in  the city and county of New York, bounded and described as follows:   BEGINNING at a point on the southerly side of 49th Street, distant 160 feet easterly  from  the  corner  formed  by  the  intersection  of  the southerly  side  of  49th  Street  with the easterly side of 8th Avenue; running thence southerly, parallel with  8th  Avenue  and  part  of  the distance  through  a party wall, 100 feet 5 inches to the center line of the block between 48th and  49th  Streets;  thence  easterly  along  the center  line  of the block, 40 feet; thence northerly, parallel with 8th  Avenue and part of the distance through a party wall, 100 feet 5  inches to  the  southerly  side  of  49th  Street;  thence  westerly  along the southerly side of 49th  Street,  40  feet  to  the  point  or  place  of beginning.  Premises  known  as  240  and 242 West 49th Street, New York City. Being the same premises described in deed made  by  Hotel  Mayfair Inc.  to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250.  (e-2)  Notwithstanding  the  provisions  of  paragraph  (a)  of   this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet  of  a building  occupied  exclusively as a church, synagogue or other place of worship, provided such premises constitutes a premises for the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the boundaries  of  the  county  of  Ulster,  bounded  and described as follows:   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements  erected  thereon,  situated  in the Village of Ellenville, Town of Wawarsing, County of Ulster and State of New York, being further bounded and described as follows:   Beginning at a three-quarter inch  diameter  iron  rod  found  on  the southwesterly  bounds  of Canal Street, marking the northeasterly corner of the lands, now or formerly, John Georges, as described in liber  2645 of deeds at page 278.   Thence  along  the  southeasterly bounds of the lands of John Georges, passing 1.42 feet northwesterly from the  southwesterly  corner  of  the building  situated  on  the premises described herein, South thirty-nine degrees, forty-one minutes, fifty-two seconds West,  one  hundred  fifty and  zero  hundredths  feet (S 39-41-52 W, 150.00') to the northeasterly bounds of the lands, now or formerly, Thomas  Powers,  as  described  in liber  1521  of deeds at page 749. Thence along the northeasterly bounds of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes, sixteen seconds East, twenty-eight and zero hundredths feet (S  50-39-16 E, 28.00').   Thence  passing  1.92 feet southeasterly from the southeasterly corner of the  building  situated  on  the  premises  described  herein.  North thirty-nine  degrees,  forty-one  minutes,  fifty-two  seconds East, one hundred fifty and zero hundredths feet (N 39-41-52 E,  150.00')  to  the southwesterly bounds of Canal Street.   Thence  along  the  southwesterly  bounds of Canal Street, North fifty degrees, thirty-nine minutes, sixteen  seconds  West,  twenty-eight  and zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.   Containing 4,199.92 square feet of land or 0.0996 of an acre of land.   Being  the  same  premises as conveyed by deed dated September 2, 1999 from Chris M. Camio as Executor of the Last Will and Testament of  Alice Manzo  to  Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on September 15, 1999 in Liber 2966 at page 291.   The undivided interests of John Harris and Alfred S. Dannhauser having been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded in the Ulster County Clerk's Office in Liber 3213 p 65.  (e-3)  Notwithstanding  the  provisions  of  paragraph  (a)  of   this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be within two hundred feet  of  a building  occupied  exclusively  as  a  school,  provided  such premises constitutes a premises for the sale of food or beverages at  retail  for consumption on the premises and/or an overnight lodging facility located wholly within the boundaries of the borough of Manhattan in the city and county of New York, bounded and described as follows:    Beginning  at  a  point  on the southerly side of 46th street, distant three hundred fifty (350) feet westerly from the corner  formed  by  the intersection  of  the  westerly  side  of  Sixth  Avenue  with  the said southerly side of 46th street. Running thence  southerly  parallel  with the  said  westerly  side  of  Sixth Avenue and for part of the distance through a party wall, one hundred (100) feet  four  (4)  inches;  thence westerly  parallel  with  the southerly side of 46th street, eighty (80) feet; thence northerly again parallel with the westerly  side  of  Sixth Avenue,  one hundred (100) feet four (4) inches to the southerly side of 46th street; and thence easterly along the said southerly side  of  46th street,  eighty  (80)  feet to the point or place of beginning. Premises known as 130 West 46th Street, New York City. Being  the  same  premises described in deed made by Massachusetts Mutual Life Insurance Company to West  46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the Office of the City Register, New York County, on  February  6,  2007  as CFRN 2007000069808.  (e-4)   Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue or  other place  of worship, provided such premises constitutes a premises for the sale of food or beverages at retail  for  consumption  on  the  premises located  wholly  within  the boundaries of the county of Ulster, bounded and described as follows:   THOSE THREE BUILDING LOTS situate on the northeasterly side  of  Union Avenue  in  the  city  of  Kingston, between Thomas and Cornell Streets, known and distinguished upon a map of the property of the estate of said Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date  April 11th,  1888,  as  lot  five (5) six (6) and seven (7) upon said map, and bounded and described as follows:   BEGINNING at the west corner of lot seven which is also the corner  of Cornell  Street,  where  it  intersects with Union Avenue, and runs from thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east the distance of one hundred and thirty-eight (138) feet,  to  the  south bounds  of lot (8) eight as laid down upon said map, thence along in the south bounds of lot (8) aforesaid S. 41 degrees 50' east along the  rear of  lots  seven,  six  and  five (7, 6 & 5) as aforesaid the distance of seventy-two (72) feet to a lot of land  owned  by  Max  Oppenheimer  and known  on  said map as lot four (4); thence in the division line between lot four and five as laid down upon said map, south 48  degrees  10'  W. one  hundred  and  twenty-two (122) feet, and fifty-four hundredths of a foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue; thence along in said northeasterly bounds of said Union Avenue north  53 degrees  57' west along the front of said lots five, six and seven (5, 6 & 7) the distance of seventy-three feet and sixty-five hundredths  of  a foot  (73  65/100  feet)  to  the place of beginning; and a part of said premises being a part of the same that was conveyed to Thomas Cornell by Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the office of the Clerk of Ulster County in book No. 204 of  deeds  at  page 403  March 6th, 1877, the balance of the property hereinbefore described and herein intended to be conveyed was conveyed  to  Thomas  Cornell  by James E. Ostrander and wife by deed bearing date February 8th, 1869, and recorded  in  Ulster  County Clerk's Office in book 175 of deeds at page 29, February 6th, 1872.   * (e-5) Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied  exclusively  as a school, provided such  premises constitute a premises for the sale  of  food  or  beverages  at retail  for  consumption  on  the  premises  located  wholly  within the boundaries of the borough of Brooklyn in the county  of  Kings  and  the city of New York, bounded and described as follows:   Beginning at a point on the westerly side of Washington Avenue distant 636.45  feet  southerly  from  the intersection of the southerly side of Eastern Parkway and westerly side of Washington Avenue, said point being the point of beginning; Running thence southerly along the westerly side of Washington Avenue, a distance of 345.43 feet; thence  westerly  along the  line  forming  an  interior  angle  with  the previous course of 90 degrees 00 minutes  00  seconds,  a  distance  of  122.68  feet;  Thence northerly  along  the  line  forming an interior angle with the previous course of 58 degrees 50 minutes 53 seconds, a distance of  123.94  feet; Thence  northerly  along  the  line  forming  an exterior angle with the previous course of 159 degrees 18 minutes  33  seconds,  a  distance  of 36.59  feet;  Thence  northerly along the line forming an exterior angle with the previous course  of  169  degrees  36  minutes  23  seconds,  a distance  of  26.26  feet;  Thence  westerly  along  the line forming an exterior angle with the previous course of 123  degrees  49  minutes  33 seconds,  a  distance of 58.57 feet; Thence southwesterly along the line forming an exterior angle with the previous course  of  129  degrees  53 minutes  13  seconds,  a  distance  of  108.38  feet; Thence westerly, a distance of 84.05 feet along a curve to the right, which has a radius of 192.59 feet, and having a central angle of 25°00'14"; Thence westerly, a distance of 58.94 feet along a curve to the right, which has a radius of 181.42 feet, and having a central angle of 18°36'54". Thence westerly, a distance of 354.56 feet; Thence northerly  along  the  line  forming  an interior  angle  with  the  previous  course of 90 degrees 14 minutes 09 seconds, a distance of 114.49  feet;  Thence  easterly  along  the  line forming  an  exterior  angle  with the previous course of 286 degrees 53 minutes 22 seconds, a distance of 7.54 feet; Thence easterly  along  the line  forming  an interior angle with the previous course of 195 degrees 07 minutes 53 seconds, a distance of 159.88 feet; Thence easterly  along the  line  forming  an  interior  angle  with the previous course of 193 degrees 52 minutes  57  seconds,  a  distance  of  161.51  feet;  Thence westerly  along  the  line  forming  an interior angle with the previous course of 257 degrees 31 minutes 43 seconds, a distance of 116.17  feet; Thence  northeasterly, a distance of 7.07 feet along a non-tangent curve to the right, having a radius of 4.50 feet, a central angle of 89°59'10" and a chord of 6.36 feet, which chord makes an interior angle  with  the previous  course  of  135 degrees 01 minutes 12 seconds; Thence easterly along the  line  forming  an  interior  angle  with  the  chord  of  the above-referenced  curve of 135 degrees 01 minutes 17 seconds, a distance of 135.59 feet; Thence easterly,  a  distance  of  81.93  feet  along  a non-tangent curve to the left, having a radius of 272.93 feet, a central angle  of  17°11'59"  and  a  chord  of 81.63 feet, which chord makes an interior angle with the previous course of 186  degrees  52  minutes  37 seconds;  Thence  easterly along the line forming an interior angle with the chord of the above-referenced curve of 192  degrees  21  minutes  11 seconds,  a  distance  of  38.24  feet;  Thence  easterly along the line forming an interior angle with the previous course  of  183  degrees  09 minutes 51 seconds, a distance of 21.53 feet to the point of beginning.   * NB There are 2 par (e-5)'s   * (e-5)  Notwithstanding  the  provisions  of  paragraph  (a)  of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue or  other place  of worship, provided such premises constitutes a premises for the  sale of food or beverages at retail  for  consumption  on  the  premises located wholly within the boundaries of the county of Kings, bounded and described as follows: ALL  that  certain plot, piece or parcel of land situate lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Synder Avenue, with the easterly side of Bedford Avenue; THENCE easterly along the southerly side of Synder Avenue,  99  feet  10 inches; THENCE  southerly parallel with Medford Avenue, 80 feet 11 1/6 inches to the center line of Union Street, as shown on the Bergen Map; THENCE westerly along the center line of Union Street, as aforesaid,  99 feet 10 inches to the easterly side of Bedford Avenue; THENCE  northerly along the easterly side of Bedford Avenue, 81 feet 1/8 inches to the point or place of BEGINNING.   * NB There are 2 par (e-5)'s   * (e-6) Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the  boundaries  of  the  county  of  Kings,  bounded  and described as follows:   BEGINNING  at  a  point on the northerly side of Grand Street, distant three hundred and nineteen feet  and  three  inches  easterly  from  the corner  formed by the intersection of the northerly of Grand Street with the easterly side of Berry  (formerly  Third)  Street,  which  point  of beginning is where a line drawn along the easterly wall of the house now or formerly owned by one Schaefer intersects the northerly side of Grand Street;  running  thence  northerly along the easterly wall of the house now or formerly owned by one Schaefer, seventy one feet and six  inches; thence  easterly  nearly  parallel  with Grand Street, eighteen feet and five inches; thence southerly, seventy feet  and  seven  inches  to  the northerly  side  of  Grand Street at a point, sixteen feet easterly from the point of beginning; thence westerly  along  the  northerly  side  of Grand Street, sixteen feet.   * NB There are 2 par (e-6)'s   * (e-6)  Notwithstanding  the  provisions  of  paragraph  (a)  of this subdivision, the authority may issue a retail  license  for  on-premises consumption for a premises provided such premises constitutes a premises for  the  sale  of  food  or  beverages at retail for consumption on the premises  located  wholly  within  the  boundaries  of  the  borough  of Manhattan  in  the city and county of New York, bounded and described as follows:   BEGINNING at the corner formed by the intersection  of  the  southerly side of Fulton Street with the westerly side of Broadway;   RUNNING  THENCE southerly along the westerly side of Broadway, 78 feet 11 1/2 inches to an angle point, in said westerly side of Broadway;   THENCE southerly still along the westerly side of Broadway, 75 feet  3 inches  to the corner formed by the intersection of the westerly side of Broadway with the northerly side of Dey Street;   THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4 inches;   THENCE northerly along a line which forms an  angle  on  its  westerly side  with  the northerly side of Dey Street of 91 degrees 21 minutes 50 seconds, 77 feet 5 1/2 inches;    THENCE easterly along a line which forms an  angle  on  its  southerly side with the last described course of 91 degrees 21 minutes 50 seconds, 75 feet 4 5/8 inches;   THENCE  northerly  along  a  line which forms an angle on its westerly side with the last described course of 91 degrees 00 minutes 00 seconds, 77 feet 5 1/4 inches to the southerly side of Fulton Street;   THENCE easterly along the southerly side of Fulton Street, 99  feet  8 inches to an angle point on said southerly side of Fulton Street;   THENCE  easterly  still along the southerly side of Fulton Street, 100 feet 2 1/2 inches to the point or place of BEGINNING.   TOGETHER with benefits and subject to  the  terms  contained  in  that certain  Easement  and  License  Agreement  dated  as  of April 20, 1993 between Kalikow Fulton Church Realty Company and  195  Property  Company and recorded on May 10, 1993 in Reel 1969 page 1310.   * NB There are 2 par (e-6)'s   * (e-7)  Notwithstanding  the  provisions  of  paragraph  (a)  of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied exclusively as a church, synagogue, or other place of worship, provided such premises constitutes a premises for  the sale  of food or beverages at retail for the consumption on the premises located wholly within the boundaries of the county  of  Ulster,  bounded and described as follows:   All  that  piece  or  parcel of land, situate in the City of Kingston, County of Ulster and State of New York described as  follows:  Beginning at  a  spike in the concrete sidewalk on the south bounds of Main Street at its intersection with the west bounds of Fair Street; Thence south  8 degrees  10  hours  9  minutes east along the west bounds of Fair Street 105.31 feet to a spike in line with a  three  story  brick  building  on lands  now  or  formerly  Norman  G.  Lebhar and John W. Krueger (L.1516 P.425); Thence south 83 degrees 26 hours  38  minutes  west  along  said building  and lands of Lebhar and Krueger 46.27 feet to a corner of said building; Thence north 8 degrees 4 hours 13 minutes west along lands now or formerly Lawrence A. Quilty and others (L.1422 P.123) and  along  the brick  building  on  the  herein  described  parcel  102.62  feet  to  a reinforcement rod set on the south bounds of Main Street;  Thence  north 80  degrees  6  hours  32  minutes east along said bounds of Main Street 46.10 feet to the point and place of beginning. Being the same  premises as  conveyed  by  Bernard R. Herzberg and the Estate of Rosalyn M. Nave, Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated  September 15,  1995  and recorded in the Ulster County Clerk's Office on September 20, 1995 in Liber 2525 of Deeds at Page 200.   * NB There are 2 par (e-7)'s   * (e-7) Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within  the  boundaries  of  the  county  of  Erie,  bounded  and described as follows:   ALL  that certain plot, piece or parcel of land situate in the City of Buffalo, County of Erie and state of New York, being part of Lot No. 77, Township 11, Range 8 of the Holland Land Company's Survey,  and  further distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown on a map filed in the Erie County Clerk's Office under Cover No. 781 and more particularly bounded and described as follows:    BEGINNING at the point of intersection of the northerly line of Hertel Avenue  as  now laid out 100 feet wide with the easterly line of Saranac Avenue; thence northerly along the easterly line of Saranac  Avenue  120 feet;  thence  easterly  parallel  with  Hertel  Avenue 100 feet; thence southerly  parallel  with  Saranac Avenue and along the easterly line of said subdivision Lot No. 2, a distance of 120 feet to the northerly line of Hertel Avenue; thence westerly along said line of Hertel  Avenue  100 feet to the point of beginning.   * NB There are 2 par (e-7)'s  (e-8)   Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship,  provided  such  premises constitute a premises for the sale of food or beverages at retail for  consumption  on  the  premises  located wholly  within  the  boundaries  of  the  county  of  Erie,  bounded and described as follows:   ALL THAT TRACT OR PARCEL OF LAND  situate  in  the  City  of  Buffalo, County  of Erie and State of New York, being part of Lot No.48, Township 11, Range 8 of the Holland Land Company's Survey, described as follows:   BEGINNING at a point in the easterly line of  Elmwood  Avenue  distant 191.1  feet  north  of the intersection of said easterly line of Elmwood Avenue with the northerly line of Bird Avenue; running thence  northerly along  the said easterly line of Elmwood Avenue 63 feet; thence easterly at right angles with Elmwood Avenue 140 feet; thence southerly  parallel with  Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood Avenue 140 feet to the said easterly line of Elmwood Avenue to the point or place of beginning.   All that Tract or Parcel of Land, situate  in  the  City  of  Buffalo, County  of Erie and State of New York, being part of Lot No. Forty-Eight (48), Township Eleven (11) and Range  Eight  (8)  of  the  Holland  Land Company's survey and bounded and described as follows:   BEGINNING  at  a  point  in  the  easterly  line of Elmwood Avenue One Hundred  Sixty  and  one-tenth  (160.10)   feet   northerly   from   its intersection  with  the  northerly  line  of Bird Avenue, running thence northerly on said easterly line of Elmwood Avenue Thirty-one (31)  feet; thence  easterly  at  right  angles  to Elmwood Avenue One Hundred forty (140) feet; thence southerly parallel  with  Elmwood  Avenue  Thirty-one (31)  feet;  thence  westerly  at  right  angles  to Elmwood Avenue, One Hundred forty (140) feet to the easterly line of Elmwood Avenue  at  the place of beginning.   All  that  Tract  or  Parcel  of Land, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 48, Township 11, Range 8 of  the  Holland  Land  Company's  Survey  and  bounded  and described as follows:   BEGINNING  at  a  point  in  the  east line of Elmwood Avenue, distant 321.50 feet south from the intersection of said east line with the south line of Forest Avenue; thence south  along  the  east  line  of  Elmwood Avenue, 49 feet to a point; thence east at right angles to the east line of  Elmwood Avenue, 140 feet to a point, thence north, parallel with the east line of Elmwood Avenue, 49 feet  to  a  point;  thence  west  in  a straight line, 140 feet to the point of beginning.   * (e-9)  Notwithstanding  the  provisions  of  paragraph  (a)  of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship  and  a school, provided such premises constitute a premises for  the Lewiston fire department located wholly within the boundaries of the county of Niagara, bounded and described as follows:   ALL  that certain plot, piece or parcel of land situate in the Village of Lewiston, County of Niagara and state of New York, being New Lot  "C" according to a map made by James M. McIntyre, Surveyor, on April 8, 2011 and  filed in the Niagara County Clerk's Office on June 13, 2012 in Book 64 of Microfilmed Maps, at page  6441m  showing  re-subdivision  of  Old Sublots  169  and  170  on  the east side of the North Fifth Street; and sublots 154, 155 and 156 on the south side of Onondaga Street  as  shown on  Map  of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and filed with the Deed Atlas in Niagara County Clerk's Office, and  bounded and described as follows:   BEGINNING at a point in the intersection of the south line of Onondaga Street  and  the west line of North Sixth Street; thence south along the west line of North Sixth Street, a distance of 264.00 feet; thence  west at an interior angle of 90°10'33", a distance of 198.00 feet to the east line  of  North  Fifth Street; thence north along the east lone of North Fifth Street, at an interior angle of 89°29'47", a  distance  of  132.00 feet;  thence  east  at  an  interior  angle of 90°10'33", a distance of 102.00 feet; thence north at an exterior angle of 90°10'33", a  distance of  132.00  feet to the south line of Onondaga Street; thence east along the south line of Onondaga Street, a distance of 96.00 feet to the point of beginning.   * NB There are 2 par (e-9)'s   * (e-9) Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the boundaries of the county  of  Jefferson,  bounded  and described as follows:   ALL that certain lot, piece or parcel of land, situated in the City of Watertown,  County  of  Jefferson  and  State  of New York, described as follows:   BEGINNING in the westerly margin of Massey Street where it  intersects the southerly margin of Prospect Street;   THENCE  southerly  along the margin of said Massey Street about 6 rods and 1/4 of a rod to land formerly owned by Ed. Bohl;   THENCE westerly at right angles along the northerly line of said  Bohl lot to a point therein 34 feet from the southeasterly corner of a lot of land conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7 inches;   THENCE  northerly  at right angles and parallel with the easterly line of said Gillingham's lot about 6 1/4 rods to Prospect Street;   THENCE easterly along the south margin of said Prospect Street to  the place  of  beginning,  and  all  the  lands belonging to the land hereby conveyed and lying in front of the same Massey and Prospect Streets;   BEING the same premises conveyed to Vincent  Cavallerio  and  Adrianna Cavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded in  the  Jefferson County Clerk's office on May 27, 1977 in Liber 881 of Deeds at page 418. Vincent Cavallario died in the City of  Watertown  on August 17, 1984;   ALSO  BEING the same premises conveyed to Adriana Cavallario and Peter G.  Cavallario, as Trustees of the living Trust of  Adriana  Cavallario, under  agreement  dated  October  14,  1995,  by  Adriana Cavallaria, by warranty deed dated October 24,  1995  and  recorded  in  the  Jefferson County Clerk's office on November 8, 1995 in Liber 1483 at Page 15;    ALSO  BEING  the premises known as 133 North Massey Street, Watertown, New York.   * NB There are 2 par (e-9)'s  (e-10)  Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship,  provided  such  premises constitute a premises for the sale of food or beverages at retail for  consumption  on  the  premises  located wholly  within  the  boundaries of the county of Washington, bounded and described as follows:   ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of the intersection of Main Street and  Maple  Street  in  the  Village  of Hudson Falls, Washington County, New York, and which said parcel in more particularly bounded and described as follows:   BEGINNING  at  a point marking the intersection of the easterly bounds of Main Street with the southerly bounds of Maple Street; running thence from the point of beginning in an easterly direction along the southerly bounds of Maple Street. South 86 degrees 47 minutes 40 seconds East  for a  distance  of  229.47  feet  to a point; running thence in a southerly direction, south 07 degrees 28 minutes 10 seconds West for a distance of 100.05 feet to a point; running thence in a northerly line of  lands  of the  First  Baptist Church of Hudson Falls; running thence in a westerly direction along the northerly line of said lands of said  Church,  North 84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a point  in  the  easterly  bounds  of  Main  Street;  running thence in a northerly direction along the easterly bounds of Main Street,  North  06 degrees  11  minutes 40 seconds West for a distance of 94.47 feet to the point of beginning. The same to contain 0.483 acres ±.   REFERENCE to the above description is a survey map titled  "Map  of  a Survey  of  Lands  of  the  County of Washington" prepared by Charles T. Nancy, Licensed Land Surveyor, Dated August 4, 1994 and on file  at  the Washington  County  Clerk's  Office in Drawer 31B of Maps and Map Number 31B-160.   ALL THAT CERTAIN LOT OR PARCEL OF LAND  situated  in  the  Village  of Hudson  Falls,  Washington  County,  New  York  bounded and described as follows:   BEGINNING at a point on the south line of Maple Street in said Village fifty feet westerly of a steel bolt in the northwest corner of  the  New York  Telephone  Co.'s  Lot,  which  said  point is at the west end of a retaining curbing to the south line of brick  driveway,  thence  running north  75  degrees east along said south line of Maple Street fifty feet to a bolt driven in the ground  for  a  monument  as  a  marker;  thence southerly  one  hundred  and eight and seven tenths feet to an iron bolt driven in the ground fifty  feet  from  the  west  line  of  lot  hereby conveyed;  thence easterly fifty-one feet to a large iron pipe driven in the ground for a monument; thence southerly about two feet  easterly  of the  garage  building on said property fifty-six feet to the location of the boundary line between lands formerly  owned  by  Elisha  Baker,  and Samuel  Tappin  and  U.  Cornell  Allen,  the  same  being the southerly boundary line of the premises hereby conveyed; thence westerly  on  said boundary  line  one hundred and two feet to the east line of the Baptist Church lot, which lot last mentioned line is  monumented;  thence  along the east line of said Church lot and the lot formerly owned by Crenville M. Ingalsbe one hundred and sixty-one feet to the place of beginning.   The  above  described premises are conveyed subject to a certain right of way over same heretofore granted by George H. Newton to Hudson  River  Telephone  Co.  by  Deed  dated July 10, 1915 and recorded in Washington County Clerk's Office in Liber 138 of Deeds at Page 134.   A  more  modern  description  of  the  above  premises  is as follows: Commencing in the southerly bounds of  Maple  Street  at  the  northwest corner  of  premises  formerly  of  New  York Telephone Company; running thence along the westerly bounds of said  lands  formerly  of  New  York Telephone  Company;  running  thence  along  the westerly bounds of said lands formerly of New York Telephone Company on  a  course  of  south  7 degrees  29  minutes west for a distance of 108.66 feet to a point for a corner; running thence south 85 degrees 03 minutes east for  a  distance of 50.97 feet to an iron pipe found for a corner; running thence south 8 degrees  35  minutes  west  for a distance of 56.65 feet to an iron pipe found for a corner; running thence north 83 degrees 40 minutes west  for a  distance  of 101.94 feet along the northerly bounds of lands formerly of O.T. Griffin to a point for a corner in the easterly  bounds  of  the Baptist Church lot; running thence north 8 degrees 17 minutes east for a distance  of  162.10  feet  to  a point in the southerly bounds of Maple Street; running thence south 85 degrees 57 minutes east for  a  distance of  49.90  feet  to the point and place of beginning. The aforedescribed premises are depicted on a certain "Map of Lands of  Village  of  Hudson Falls  at "#8 Maple Street" dated November 2, 1953 by Leslie W.  Coulter and filed in the Washington County Clerk's Office on January  11,  1954, as Map No. 02.   * (e-11)  Notwithstanding  the  provisions  of  paragraph  (a) of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship,  provided  such  premises constitute a premises for the sale of food or beverages at retail for consumption on  the  premises  occupying the  southernmost  portion  of  the  buildings  and improvements further identified as suite two  hundred  ten  and  located  wholly  within  the boundaries  of  the  county  of  Westchester,  bounded  and described as follows:   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in  the  City  of White   Plains,   County   of  Westchester,  State  of  New  York,  more particularly described as follows:   BEGINNING at a point in the northerly side of Main Street as the  same is now laid out and established where said northerly side of Main Street is  intersected  by  the  division  line  between  the  premises  hereby described and land now or formerly of Henry E. Hartnett said point being at the southeasterly corner of the parcel hereby described;   THENCE RUNNING  along  the  northerly  side  of  Main  Street  as  now established, South 76 degrees 38 minutes 54 seconds West 48.24 feet to a monument thence on a curve to the right forming the northeasterly corner of  Main  Street  and  Church Street said curve having a radius of 26.03 feet, a distance of 39.836 feet (39.84 feet per deed)  to  the  easterly side of Church Street;   THENCE  RUNNING  along  the  easterly  side  of Church Street North 15 degrees 40 minutes West 205.61 feet to the northwesterly corner  of  the premises  hereby  described  and  to  the  southerly  line  of a 12 foot driveway leading from land of Henry E. Hartnett to Church Street;   THENCE RUNNING along the southerly side of  said  driveway,  North  74 degrees  18  minutes  50  seconds  East  74.84 feet to the northeasterly corner of the premises hereby described and land of Henry E. Hartnett;   THENCE along said land of Henry  E.  Hartnett,  South  15  degrees  15 minutes  30  seconds  East  233.60  feet  to  the northerly side of Main Street, at the point or place of BEGINNING.    TOGETHER with the benefits of a certain Declaration of  Easement  made by  Markbeth  Building Corp dated October 28, 1981 and November 10, 1981 in Liber 7736 cp 262 as set forth therein.   * NB There are 3 par (e-11)'s   * (e-11)  Notwithstanding  the  provisions  of  paragraph  (a) of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a  school,  church,  synagogue  or  other place  of  worship, provided such premises constitute a premises for the sale of food or beverages at retail  for  consumption  on  the  premises located  wholly within the boundaries of the county of Erie, bounded and described as follows:   ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  City  of  Buffalo, County  of  Erie  and  State  of  New York, and bounded and described as follows:  being part of Lot number  seventy-one  (71),  Township  eleven (11),  Range  eight  (8)  of  the Holland Land Company's survey and in a subdivision of part of said lots 71 and 72, made for  Main  Street  Land and   Improvement  Co.,  by  C.F.  Witmer,  surveyor,  a  map  of  which subdivision is on file in Erie County Clerk's Office  under  Cover  292. This  premises  herby  conveyed  being designated as subdivision lot No. thirty-nine (39) in Block "C" and bounded and described as follows:   BEGINNING at a point in the westerly line of  Main  Street  thirty-six and  one-half  (36-1/2)  feet  northerly  from its intersection with the northerly line of Heath Street (formerly Morton Street). Running  thence northerly  along  said  line  of  Main  Street  thirty-six  and one-half (36-1/2) feet; thence westerly at right angles with said  line  of  Main Street to a sixteen (16) foot alley; thence southerly along the easterly line  of  said  alley to a point where a line drawn at right angles with said line of Main Street would intersect said line of Main Street at the place of beginning and thence easterly at right angles with Main  Street to the said line of Main Street at the place of beginning.   * NB There are 3 par (e-11)'s   * (e-11)  Notwithstanding  the  provisions  of  paragraph  (a) of this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship,  provided  such  premises constitute a premises for the sale of food or beverages at retail for  consumption  on  the  premises  located wholly  within  the  boundaries  of  the  county  of Broome, bounded and described as follows:   ALL THAT TRACT OR PARCEL OF LAND situate in the  City  of  Binghamton, County of Broome, State of New York, bounded and described as follows:   BEGINNING  at  a  point  at  the  intersection of the northerly street boundary of Henry Street and  the  easterly  street  boundary  of  Water Street, at the southwesterly corner of the premises herein described;   THENCE  N  17°-02'-44"  E along said easterly street boundary of Water Street a distance of 96.66 feet to a point;   THENCE N 19°-42'-08" E along said easterly street  boundary  of  Water Street  a distance of 25.28 feet to a 5/8 inch rebar with plastic yellow cap marked "Jennings" found at the southwesterly corner of  lands  owned by  the  City  of  Binghamton  as  recorded in the Broome County Clerk's Office in Liber 549 at page 418;   THENCE S 77°-19'-48" E along the southerly boundary of lands owned  by said  City  of  Binghamton  a  distance of 118.89 feet to a masonry nail found in the westerly boundary of lands owned by Samuel  Diamond  (Liber 1198, page 377);   THENCE  S 17°-49'-47" W along said westerly boundary of lands owned by Diamond a distance of 14.00 feet to a 1/2 inch rebar found;    THENCE S 82°-36'-13" E along the southerly boundary of lands owned  by said  Diamond  a  distance  of 5.06 feet to a point at the northwesterly corner of lands owned by Washington Building Management  Company  (Liber 1750, page 69);   THENCE  S  15°-00'-17" W along the westerly boundary of lands owned by said Company a distance of 42.68 feet to a point;   THENCE, S 83°-53'-13" E along the southerly boundary of lands owned by said Company a distance of 28.00 feet to a point  at  the  northwesterly corner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page 33) on the exterior face of a building wall;   THENCE,  along  the  westerly boundary of lands owned by said Mitchell the following three courses:   1. S 11°-52'-47" W along said wall a distance of 33.68 feet to a point in a party building wall;   2. S 84°-51'-13" E along said party wall a distance of 7.57 feet to  a point;   3.  S  14°-48'-47"  W  along the centerline of a party building wall a distance of 35.26 feet to a point in said northerly street  boundary  of Henry Street;   THENCE  N  77°-32'-37" W along said northerly street boundary of Henry Street a distance of 165.87 feet to the point of beginning  as  surveyed by  Paul  B.  Koerts,  Professional Land Surveyor on March 11, 1996. The bearings are referenced to record north for lands owned by said City  of Binghamton (Liber 549, page 418).   Together with the following:   1.  A  right-of-way  over  the  westerly  12.5  feet of so much of the premises described above as adjoins the premises formerly of Charles  A. Wilkinson,  now  of  Clare  B. Risk, on the west (being the northerly 40 feet thereof, more or less), and adjoining the premises described  above on  the  east, as granted in a deed from Charles A. Wilkinson, et al, to John Hull, Jr., et al, dated February  24,  1886  and  recorded  in  the Broome  County  Clerk's Office on November 20, 1886 in Book 130 of Deeds at page 546.   2. The benefits contained in an agreement between Hull, Grummond & Co. and George F. O'Neil providing for the erection of a party wall recorded in the Broome County Clerk's Office on October 28, 1913 in Book  247  of Deeds at Page 313.   3.  The  benefits contained in an agreement between Mabel D. Eggleston and Hull-Grummond & Co., Inc. providing for the erection of a party wall recorded in the Broome County Clerk's Office on August 28, 1918 in  Book 281 of Deeds at page 179.   * NB There are 3 par (e-11)'s  (e-12)  Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision, the authority may issue a retail  license  for  on-premises consumption  for  a  premises  which shall be located within two hundred feet of a building occupied as a church, synagogue  or  other  place  of worship,  provided  such  premises constitute a premises for the sale of food or beverages at retail for  consumption  on  the  premises  located wholly  within  the  boundaries  of  the  Borough of Brooklyn, county of Kings, bounded and described as follows:   ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and  State  of  New  York,  bounded  and described as follows:   BEGINNING  at  a  point  on  the  northerly  side of Lafayette Avenue, distant 43 feet westerly from the corner formed by the  intersection  of the  northerly  side  of  Lafayette Avenue with the westerly side of St.  Felix Street, which point is opposite the center line of a party wall on the premises herein described and the premises adjoining on the east;   RUNNING  THENCE westerly along the northerly side of Lafayette Avenue, 21 feet 6 inches to a point opposite the center line  of  another  party wall  on  the  premises  herein  described and premises adjoining on the west;   THENCE northerly parallel with the westerly side of St. Felix  Street, and  part  of  the  distance  through  a party wall, 100 feet to a point distant 63 feet westerly (deed) 64 feet 6  inches  (tax  map)  from  the westerly  side of St. Felix Street measuring along a line drawn at right angles thereto from a point thereon distant 100 feet northerly from  the corner  formed  by  the  intersection of the northerly side of Lafayette Avenue with the westerly side of St. Felix Street;   THENCE easterly parallel with the northerly side of  Lafayette  Avenue and at right angles to St. Felix Street, 21 feet 6 inches;   THENCE  southerly  parallel  with  St.  Felix  Street  and part of the distance through a party  wall,  100  feet  to  the  northerly  side  of Lafayette Avenue at the point or place of BEGINNING.   For  Information Only: Said premises are known as 33 Lafayette Avenue, Brooklyn, NY and designated as Block 2108 Lot 19 as shown on the Tax Map of the City of New York, County of Kings.   * (e-13) Notwithstanding the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the boundaries of the city of  Niagara  Falls,  county  of Niagara, bounded and described as follows:   ALL THAT TRACT OR PARCEL OF LAND situate in the City of Niagara Falls, County of Niagara and State of New York, being part of Lot No. 43 of the Mile  Reserve and further distinguished as Lots Nos. 2 and 4 as shown on map made by Jesse P. Haines and filed on December 20, 1861  under  Cover No.  389,  being  situate on the east line of Second Street, bounded and described as follows:   BEGINNING at the intersection of the north line of Rainbow  Boulevard, formerly  Jefferson Avenue and formerly Union Street, with the east line of Second Street; thence northerly along the east line of Second Street, a distance of about 106.56 feet to the south line of Lot No.  6;  thence easterly along the south line of Lot No. 6, a distance of 132.52 feet to the west line of an alley which is also the east line of Lots Nos. 2 and 4;  thence  southerly  along  the west line of said alley, a distance of 186.8 feet to the north line of Rainbow Boulevard; thence westerly along the north line of Rainbow Boulevard, as distance of about 154.34 feet to the east line of Second Street and point of beginning.   * NB There are 3 par (e-13)'s   * (e-13) Notwithstanding the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the boundaries of the Village of Jeffersonville,  Town  of Callicoon, county of Sullivan, bounded and described as follows:   BEGINNING  at  a  Point  in the northwesterly bounds of New York State Route No. 52 (Main Street) at its northwesterly corner of Parcel  II  as described  in  the  Deed  Instrument  2019-9072, thence running North 47 degrees 46 minutes West 135.00 feet to an iron set on the  southeasterly  bounds of lands of Schnabele (Deed Instrument 2016-2475), thence running along  the  southeasterly  bounds  of  said  lands of Schnabele South 42 degrees 31 minutes West 60 feet to an iron rod found  at  the  southerly corner   of   said   lands   of  Schnabele,  thence  running  along  the southwesterly bounds of said lands of Schnabele and a projection thereof North 53 degrees 51 minutes 00 seconds West 276.00 feet to a point in  a twin  hemlock  tree  on  the  easterly  bounds  of  lands of Richard and Kathleen Herbert Irrevocable Trust (Deed Liber 3561 at page 360), thence running along said easterly bounds of  lands  of  Richard  and  Kathleen Herbert  Irrevocable  Trust and running generally along a ditch South 12 degrees 52 minutes 44 seconds West 125 feet to an iron  pipe  set,  said iron  pipe  set  being  approximately three feet easterly of an iron bar found at the northerly corner of lands of Yeung  &  Cheung  (Deed  Liber 1613  at page 46), thence running South 46 degrees 44 minutes 26 seconds East 255.50 feet to an iron spike set on the Northwesterly bounds of  an eight  foot  right of way, thence running along said right of way bounds and running along the bounds of lands of Yeung & Cheung North 44 degrees 05 minutes East 3.00 feet to an iron rod found, thence South 47  degrees 21  minutes  East  84  feet  to a point on the approximate northwesterly bounds of New York  State  Route  No.  52,  thence  running  along  said approximate  northwesterly highway bounds North 44 degrees 12 minutes 18 seconds East 200.59  feet  to  the  point  or  place  of  beginning  and containing 1.3 acre of land to be the same more or less.   TOGETHER  with  the use of an eight foot wide right of way through the lands of Yeung & Cheung. The northeasterly bounds of said right  of  way being  the  above  mentioned  course of South 47 degrees 21 minutes East 84.00. See Deed Liber 430 at Page 404 and Deed Liber 1613 at Page 46.   SUBJECT any use, dedication, conveyance or easement(s) of  record  for public highway or public utility purposes.   Being  and  intended  to be the same premises described in a deed from RCAIS HOLDINGS LLC to WLMC LLC dated December 2, 2016  and  recorded  on December  14,  2016  in the Sullivan county clerk's office as Instrument No. 2016-9588.   * NB There are 3 par (e-13)'s   * (e-13) Notwithstanding the  provisions  of  paragraph  (a)  of  this subdivision,  the  authority  may issue a retail license for on-premises consumption for a premises which shall be  located  within  two  hundred feet  of  a  building  occupied as a church, synagogue or other place of worship, provided such premises constitute a premises for  the  sale  of food  or  beverages  at  retail  for consumption on the premises located wholly within the boundaries of the  county  of  Saratoga,  bounded  and described as follows:   ALL THOSE CERTAIN PARCELS OF LAND and the improvements thereon situate in  the  City of Saratoga Springs, County of Saratoga, State of New York lying Northwesterly of and adjacent to Broadway, a.k.a. New  York  State Route  #50  and  U.S.  Route  9, and being more particularly bounded and described as follows:   BEGINNING at the point of intersection of the  division  line  between the lands of Alice M. Bode as described in Book 808 of Deeds at Page 494 on  the  Northeast and other lands of Alice M. Bode as described in Book 808 of Deeds at Page 496 on the Southwest with the Northwesterly line of Broadway and runs thence along said division line North  56  degrees  40 minutes  20 seconds West in part passing through the middle of the brick wall between these premises and premises adjoining on South, a  distance of  151.18  feet to its intersection with the Southeasterly line of Long Alley; thence along said Southeasterly line North 33 degrees 34  minutes 10  seconds  East  a distance of 34.38 feet to its intersection with the Southwesterly line of Walton Street; thence South 56 degrees 15  minutes  46  seconds East along said Southwesterly line a distance of 151.18 feet to its intersection with the  Northwesterly  line  of  Broadway;  thence along  said  Northwesterly  line  South 33 degrees 34 minutes 10 seconds West a distance of 33.30 feet to the point of beginning.   BEING  the  same  premises  conveyed  by  Deed  by  John  A. Slade, as Administrator of the goods, chattels and credit of Alice  Maude  Jenkins to  Alice  M.  Bode  dated  January 1, 1967 and recorded in the Saratoga County Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 494.   Subject to an easement granted by Alice M. Bode to Carolyn B.  Siewers and  Leslie  J.  Suprenant  dated  December 15, 1987 and recorded in the Saratoga County Clerk's Office in Liber 1222 of Deeds  at  Page  113  on December 15, 1987.   BEGINNING  at  the  point of intersection of the division line between lands of Alice M. Bode as described in Book 808 of Deeds at Page 494  on the  Northeast and other lands of Alice M. Bode as described in Book 808 of Deeds at Page 496 on the Southwest with  the  Northwesterly  line  of Broadway,  a.k.a.  New  York  State Route #50 and U.S. Route 9, and runs thence along said Northwesterly line South  33  degrees  34  minutes  10 seconds  West a distance of 22.83 feet to its point of intersection with the division line between the lands of Alice M.  Bode  as  described  in Book 808 of Deeds at Page 496 on the Northeast and the lands of James W. and Christine Breitenfeld as described in Book 1085 of Deeds at Page 323 on  the  Southwest;  thence  along  said  division line and the division between the buildings located at 493 and 495 Broadway North  56  degrees 40  minutes  20  seconds  West a distance of 106.98 feet to its point of intersection with the division line between said lands of  Bode  on  the Southeast  and  the  lands of John F. Baker as described in Book 1350 of Deeds at Page 773 on the Northwest;  thence  along  said  division  line North  33 degrees 34 minutes 10 seconds East a distance of 22.83 feet to a point on the first herein described division line; thence  along  said division  line  South  56  degrees  40  minutes 20 seconds East, in part passing through the middle of the brick wall between these premises  and premises  adjoining  on North, a distance of 106.98 feet to the point of beginning.   BEING a portion of the premises conveyed by Deed by John A. Slade,  as Administrator  of  the goods, chattels and credit of Alice Maude Jenkins to Alice Bode dated January 1, 1967 and recorded in the Saratoga  County Clerk's Office on June 5, 1967 in Liber 808 of Deeds at Page 496.   TOGETHER  with the appurtenances and all the estate which the decedent had at the time of the decedent's death in  the  subject  premises,  and also  the  estate  therein, which the Party of the First Part has or has power to convey and dispose of, whether individually, or otherwise.   * NB There are 3 par (e-13)'s  (f)  Notwithstanding  the  provisions  of  paragraph   (b)   of   this subdivision,  the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or  more existing  premises  licensed  and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d of  this  article  if,  after  consultation  with  the  municipality  or community board, it determines that granting such license  would  be  in the public interest. Before it may issue any such license, the authority shall   conduct  a  hearing,  upon  notice  to  the  applicant  and  the municipality or community board, and shall state and file in its  office its  reasons  therefor.  The  hearing  may  be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and  the municipality  or  community  board of any such rescheduled, adjourned or continued hearing. Before the authority issues  any  said  license,  the authority  or  one or more of the commissioners thereof may, in addition  to the hearing required by this paragraph, also conduct a public meeting regarding  said  license,  upon  notice  to  the   applicant   and   the municipality  or community board. The public meeting may be rescheduled, adjourned  or  continued,  and  the  authority  shall give notice to the applicant  and  the  municipality  or  community  board  of   any   such rescheduled,  adjourned  or  continued  public  meeting.  Notice  to the municipality or community board shall mean written notice mailed by  the authority  to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may  waive the  fifteen  day  notice requirement. No premises having been granted a license pursuant to this section shall  be  denied  a  renewal  of  such license upon the grounds that such premises are within five hundred feet of  a  building or buildings wherein three or more premises are licensed and operating  pursuant  to  this  section  and  sections  sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.   8.  A  license  issued  for  such premises as are being conducted as a catering establishment  shall  authorize  the  holder  thereof  to  sell alcoholic  beverages at retail during such period of time as a function, occasion or event is in  progress  therein  and  then  only  to  persons invited  to  and attending such function, occasion or event and only for consumption on the premises where sold.   9. A retail license under this section may be granted for  a  premises being  conducted  as  a restaurant and located in the area leased by the city of New York to the New York World's Fair 1964-1965 pursuant to  the provisions  of chapter four hundred twenty-eight of the laws of nineteen hundred sixty as amended by chapter nine hundred nine  of  the  laws  of nineteen  hundred  sixty-one  during the term or duration of such lease, notwithstanding the fact that said premises is not open to  the  general public  as required by this chapter provided that such premises has been designated as an authorized  facility  of  the  New  York  World's  Fair 1964-1965  Corporation and has been certified to the liquor authority by said corporation as such.