NY Alcoh Bev Ctrl L § 106 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 106 - Provisions Governing Licensees to Sell at Retail for Consumption on the Premises.

§ 106. Provisions   governing   licensees   to   sell  at  retail  for consumption on the  premises.  1.  No  retail  license  for  on-premises consumption  shall  be  granted  for  any premises, unless the applicant shall be the owner thereof, or shall be in possession of  said  premises under  a  lease,  management  agreement  or  other  agreement giving the applicant control over  the  food  and  beverage  at  the  premises,  in writing,  for  a  term not less than the license period except, however, that such license may thereafter be renewed without the requirement of a lease, management agreement or  other  agreement  giving  the  applicant control  over the food and beverage at the premises, as herein provided. This subdivision shall not apply  to  premises  leased  from  government agencies, as defined under subdivision twelve-c of section three of this chapter;  provided,  however, that the appropriate administrator of such government agency provides some form of written documentation  regarding the  terms  of  occupancy  under  which  the  applicant  is leasing said premises from the government agency for presentation to the state liquor authority at the time of the  license  application.  Such  documentation shall  include  the  terms  of  occupancy  between the applicant and the government agency, including, but not limited to, any short-term leasing agreements or written occupancy agreements.   2.  (a)  No  retail  licensee  for  on-premises  consumption,   except corporations  operating  railroad  cars  or  aircraft  being operated on regularly scheduled flights by a United States certificated  airline  or persons  or  corporations  operating  a hotel, as defined in subdivision fourteen of section three of this chapter,  for  exclusive  use  in  the furnishing  of  room  service  in  the  manner  prescribed  by  rule  or regulation of the state liquor authority, shall keep upon  the  licensed premises  any liquors and/or wines in any cask, barrel, keg, hogshead or other container, except in the original sealed package as received  from the  manufacturer  or  wholesaler.  Such  containers  shall have affixed thereto such labels as may be  required  by  the  rules  of  the  liquor authority,  together  with  all  necessary  federal revenue and New York state  excise  stamps  as  required  by  law.  No  retail  licensee  for on-premises  consumption shall reuse, refill, tamper with, intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.  (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,  a  retail licensee for on-premises consumption may prepare and keep drinks containing alcoholic beverages in  dispensing  machines, having  capacities of not less than a gallon, which continually mix such drinks.   3. No retail licensee for on-premises consumption shall sell,  deliver or  give  away,  or  cause or permit or procure to be sold, delivered or given away any liquors and/or wines for  consumption  off  the  premises where  sold.  The  provisions  of  this subdivision shall not prohibit a licensed winery or farm winery from  allowing  a  patron  to  leave  the winery  or farm winery with a partially consumed bottle of wine provided that the removal of the bottle is done in  accordance  with  subdivision four of section eighty-one of this chapter.   4.  (a)  No  liquors  and/or wines shall be sold or served in premises licensed under section sixty-four or clause (a) of  subdivision  six  of section sixty-four-a of this chapter, except at tables where food may be served  and  except  as  provided  by  subdivision  four  of section one hundred.  (b) No liquors and/or wines  shall  be  sold  or  served  in  premises licensed  under clause (b) of subdivision six of section sixty-four-a of this chapter, except at such times and upon such conditions and  by  the use  of  such  facilities  as  the  liquor authority, by regulation, may  prescribe with due regard to the  convenience  of  the  public  and  the strict avoidance of sales prohibited by this chapter.   4-a.  No  beer  shall  be  sold  or  served at a bar, counter or other similar contrivance unless  a  card,  sign  or  plate,  visible  to  the customer, upon which the name of the brewer is conspicuously and legibly displayed,  is  annexed  or  affixed to the tap or faucet from which the beer is drawn.   5. No alcoholic beverages shall be sold, offered  for  sale  or  given away  upon  any  premises licensed to sell alcoholic beverages at retail for on-premises consumption, during the following hours:  (a) Except as provided  in  paragraph  (c)  of  this  subdivision,  on Sunday,  from four ante meridiem to ten o'clock a.m., except pursuant to a permit issued under section ninety-nine-h of this chapter.  (b) Except as provided in paragraph (c) of this  subdivision,  on  any other day between four ante meridiem and eight ante meridiem.  (c)  On any day between three ante meridian and six ante meridian, for a premises located within an international airport owned or operated  by the  Port  Authority  of New York and New Jersey. The provisions of this paragraph shall not be subject to change pursuant to subdivision  eleven of section seventeen of this chapter.   Unless  otherwise  approved  by  the authority pursuant to subdivision eleven of section seventeen of this chapter, where  any  rule  has  been adopted  in  a  county  on  or  before  April  first,  nineteen  hundred ninety-five,  further  restricting  the  hours  of  sale  for  alcoholic beverages,  such  restricted  hours shall be the hours, during which the sale of alcoholic beverages at retail for on-premises consumption  shall not be permitted within such county.   Nor  shall  any person be permitted to consume any alcoholic beverages upon any such premises later than one-half hour after the start  of  the prohibited hours of sale provided for in this section.   6.  No  person  licensed  to  sell alcoholic beverages shall suffer or permit any gambling on the licensed premises, or suffer or  permit  such premises  to become disorderly. The use of the licensed premises, or any part thereof, for the sale of lottery tickets, playing of bingo or games of chance, or as a simulcast facility or simulcast theater  pursuant  to the  racing, pari-mutuel wagering and breeding law, when duly authorized and lawfully conducted thereon, shall not constitute gambling within the meaning of this subdivision.   6-a. No retail licensee for on-premises consumption  shall  suffer  or permit  any  person  to  appear  on  licensed premises in such manner or attire as to expose to view any portion of the pubic area,  anus,  vulva or  genitals,  or any simulation thereof, nor shall suffer or permit any female to appear on licensed premises in such manner  or  attire  as  to expose to view any portion of the breast below the top of the areola, or any simulation thereof.   6-b.  No  retail  licensee for on-premises consumption shall suffer or permit any contest or promotion which endangers the health, safety,  and welfare of any person with dwarfism. Any retail licensee in violation of this  section  shall  be subject to the suspension or revocation of said licensee's  license  to  sell  alcoholic   beverages   for   on-premises consumption. For the purposes of this section, the term "dwarfism" means a  condition  of  being  abnormally  small  which is caused by heredity, endocrine dysfunction, renal insufficiency  or  deficiency  or  skeletal diseases  that result in disproportionate short stature and adult height of less than four feet ten inches.   6-c. (a) No retail licensee for on-premises consumption shall  suffer, permit  or  promote  an  event  on  its premises wherein the contestants deliver, or are not forbidden  by  the  applicable  rules  thereof  from  delivering  kicks,  punches  or  blows  of  any  kind  to the body of an opponent  or  opponents,  whether  or  not  the  event  consists  of   a professional  match  or  exhibition, and whether or not the event or any such act, or both, is done for compensation.  (b)  The  prohibition  contained in paragraph (a) of this subdivision, however, shall not be applied to any authorized combative sport.  (c) In addition to any other penalty provided by law, a  violation  of this  subdivision  shall constitute an adequate ground for instituting a proceeding to suspend, cancel or revoke the license of the  violator  in accordance  with  the  applicable  procedures  specified  in section one hundred nineteen of this article.   7. Except where a permit to do so  is  obtained  pursuant  to  section 405.10  of the penal law, no retail licensee for on-premises consumption shall suffer, permit, or promote an event on its  premises  wherein  any person  shall  use, explode, or cause to explode, any fireworks or other pyrotechnics in a building as defined in paragraph e of subdivision  one of  section  405.10  of  the  penal  law, that is covered by such retail license or possess such fireworks or pyrotechnics for such  purpose.  In addition  to  any  other  penalty  provided  by law, a violation of this subdivision shall  constitute  an  adequate  ground  for  instituting  a proceeding  to suspend, cancel, or revoke the license of the violator in accordance with the  applicable  procedures  specified  in  section  one hundred  nineteen  of  this  article. Provided however, if more than one retail licensee is participating in a single event, upon approval by the authority, only one retail licensee must obtain such permit.   8. A club or a luncheon club licensed to sell alcoholic beverages  for on-premises  consumption  shall be permitted to sell such beverages only to its members and to their guests accompanying them.   9. No restaurant and no premises licensed to sell liquors and/or wines for on-premises consumption under  clause  (a)  of  subdivision  six  of section  sixty-four-a  of  this  chapter  shall be permitted to have any opening or means of entrance or passageway for persons or things between the licensed premises and any  other  room  or  place  in  the  building containing the licensed premises, or any adjoining or abutting premises, unless  such  licensed  premises  are  in a building used as a hotel and serves as a dining room  for  guests  of  such  hotel,  or  unless  such premises  are  a  bona  fide restaurant with such access for patrons and guests from any part of such building or adjoining or abutting  premises as  shall  serve public convenience in a reasonable and suitable manner; or unless such licensed premises are in a building owned or operated  by any county, town, city, village or public authority or agency, in a park or  other similar place of public accommodation. All glass in any window or door on said licensed premises  shall  be  clear  and  shall  not  be opaque, colored, stained or frosted.   10.  A  vessel  licensed  to sell liquors and/or wines for on-premises consumption shall not be permitted to sell  any  liquors  and/or  wines, while  said  vessel  is  moored  to  a pier or dock, except that vessels sailing on established schedules shall  be  permitted  to  sell  liquors and/or wines for a period of three hours prior to the regular advertised sailing time.   11.  A  railroad car or aircraft being operated on regularly scheduled flights by a United States certificated airline licensed to sell liquors and/or wines for on-premises consumption  shall  be  permitted  to  sell liquors  and/or  wines  only  to passengers and while in actual transit, except that a railroad operating licensed cars shall be allowed to  sell liquors  and/or  wines  from portable carts located on station platforms located at Penn Station, Grand Central  Station,  Jamaica,  Hunterspoint Avenue or Flatbush from which such licensed railroad cars depart.    12.  Each  retail  licensee for on-premises consumption shall keep and maintain  upon  the  licensed  premises,   adequate   records   of   all transactions  involving  the  business transacted by such licensee which shall show the amount of alcoholic beverages, in gallons,  purchased  by such  licensee  together  with  the names, license numbers and places of business of the persons from whom the same were  purchased,  the  amount involved  in such purchases, as well as the sales of alcoholic beverages made by such licensee. The liquor  authority  is  hereby  authorized  to promulgate  rules  and  regulations  permitting  an on-premises licensee operating two or more premises separately  licensed  to  sell  alcoholic beverages  for  on-premises  consumption to inaugurate or retain in this state methods  or  practices  of  centralized  accounting,  bookkeeping, control  records,  reporting,  billing,  invoicing or payment respecting purchases, sales or deliveries of alcoholic beverages,  or  methods  and practices  of  centralized  receipt  or  storage  of alcoholic beverages within this  state  without  segregation  or  earmarking  for  any  such separately licensed premises, wherever such methods and practices assure the  availability,  at  such  licensee's  central or main office in this state, of data reasonably needed for the enforcement  of  this  chapter. Such  records  shall  be  available  for  inspection  by  any authorized representative of the liquor authority.   13. (a) No  retail  licensee  for  on-premises  consumption  shall  be interested, directly or indirectly, in any premises where liquors, wines or  beer  are  manufactured  or  sold  at wholesale, by stock ownership, interlocking directors,  mortgage  or  lien  on  any  personal  or  real property  or  by any other means, except that liquors, wines or beer may be  manufactured  or  sold  wholesale  by  the  person  licensed  as   a manufacturer or wholesaler thereof:  (i)  on real property owned by an interstate railroad corporation or a United States certificated airline with a retail license for on-premises consumption; or  (ii) on premises  or  with  respect  to  a  business  constituting  an overnight   lodging  and  resort  facility  located  wholly  within  the boundaries of the town of North Elba, county of Essex, township  eleven, Richard's  survey,  great  lot  numbers  two  hundred seventy-eight, two hundred seventy-nine, two hundred eight, two hundred  ninety-eight,  two hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three hundred nineteen, three hundred twenty, three  hundred  thirty-five  and three hundred thirty-six, and township twelve, Thorn's survey, great lot numbers  one  hundred  six  and  one  hundred  thirteen, as shown on the Adirondack map, compiled by the conservation department of the state  of New  York  -  nineteen  hundred  sixty-four edition, in the Essex county atlas  at  page  twenty-seven  in  the  Essex  county  clerk's   office, Elizabethtown,  New York, provided that such facility maintains not less than two hundred fifty rooms and suites for overnight lodging; or  (iii) on premises or with respect to the operation of a restaurant  in an office building located in a city having a population of five hundred thousand  or  more and in which is located the licensed premises of such manufacturer or wholesaler, provided that the building, the interior  of the  retail  premise  and  the  rental  therefor  fully  comply with the criteria set forth in paragraph two of subdivision three of section  one hundred one of this article; or  (iv)  any such premises or business located on that tract or parcel of land, or any subdivision thereof, situate in the Village of Lake Placid, Town of North Elba, Essex County, New York; it being also a part of  Lot No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22 as shown and designated on a certain map entitled "Map of Building Sites for Sale by B.R. Brewster"  made  by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife made by G.C. Sylvester,  P.E. &  L.S.    #  21300, dated August 4, 1964, and filed in the Essex County Clerk's  Office  on  August  27, 1964, and more particularly bounded and described as follows; BEGINNING at the  intersection  of  the  northerly bounds  of Shore Drive (formerly Mirror Street) with the westerly bounds of Park Place (formerly Rider Street) which point is also the  northeast corner  of  Lot  No.  23,  from thence South 21°50' East in the westerly bounds of Park Place a distance of 119 feet, more or  less,  to  a  lead plug in the edge of the sidewalk marking the southeast corner of Lot No. 23  and  the northeast corner of Lot No. 24; from thence South 68°00'50" West a distance of 50.05 feet to an iron pipe set  in  concrete  at  the corner of Lots 23 and 22; from thence South 65°10'50" West a distance of 7.94  feet  along  the  south  line  of Lot No. 22 to an iron pipe for a corner; from thence North 23°21'40" West and at 17.84  feet  along  said line passing over a drill hole in a concrete sidewalk, and at 68.04 feet further  along said line passing over an iron pipe at the southerly edge of another sidewalk, and at 1.22 feet further along  said  line  passing over  another  drill  hole  in a sidewalk, a total distance of 119 feet, more or less, to the northerly line of Lot No. 22; from thence  easterly in  the  northerly  line of Lot 22 and 23 to the northeast corner of Lot No. 23 and the point of beginning.  Also  including  the  lands  to  the center  of  Shore  Drive  included  between  the northerly straight line continuation of the side lines of the above described parcel, and to the center of Park Place, where  they  abut  the  above  described  premises SUBJECT  to the use thereof for street purposes. Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers by deed dated  June  30, 1992,  recorded  in  the Essex County Clerk's Office on July 10, 1992 in Book 1017 of Deeds at Page 318; or  (v) any such premises or business located on  that  certain  piece  or parcel  of land, or any subdivision thereof, situate, lying and being in the Town of Plattsburgh, County of Clinton, State of New York and  being more  particularly bounded and described as follows: Starting at an iron pipe found in the easterly bounds  of  the  highway  known  as  the  Old Military   Turnpike,   said   iron   pipe   being  located  910.39  feet southeasterly, as measured along the easterly bounds  of  said  highway, from  the  southerly  bounds  of the roadway known as Industrial Parkway West, THENCE running S 31° 54' 33" E along the easterly bounds  of  said Old  Military  Turnpike  Extension,  239.88  feet to a point marking the beginning of a curve concave to the west; thence  southerly  along  said curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe found marking  the  point  of beginning for the parcel herein being described, said point also marked the southerly corner of lands of Larry Garrow, et al, as described in Book 938 of Deeds at page 224; thence N 07° 45' 4" E along the easterly bounds  of  said  Garrow,  748.16  feet  to  a  3"x4" concrete  monument  marking the northeasterly corner of said Garrow, the northwesterly corner of the  parcel  herein  being  described  and  said monument  also  marking the southerly bounds of lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page 186; thence  S  81°  45' 28"  E  along  a portion of the southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the northeasterly corner of the parcel herein being described  and  also  marking  the  northwest corner  of  the  remaining  lands now or formerly owned by said Marx and Delaura; thence S 07° 45' 40" W along the Westerly bounds of  lands  now of  formerly  of  said Marx and DeLaura and along the easterly bounds of the parcel herein being described, 560.49 feet to an iron pin; thence  N 83°  43'  21"  W along a portion of the remaining lands of said Marx and DeLaura, 41.51 feet to an iron pin; thence S 08°  31'  30"  W,  along  a  portion  of  the remaining lands of said Marx and Delaura, 75.01 feet to an iron pin marking northeasterly corner of lands currently owned by the Joint Council  for  Economic  Opportunity  of  Plattsburgh  and  Clinton County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82° 20'  32"  W  along  a  portion of the northerly bounds of said J.C.E.O., 173.50 feet to an iron pin; thence 61° 21' 12"  W,  continuing  along  a portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron pin;  thence S 07° 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron pin; thence S 66° 48' 56" W along a  portion  of  the northerly  bounds  of  remaining  lands of said Marx and DeLaura, 100.00 feet to an iron pipe found on  the  easterly  bounds  of  the  aforesaid highway,  said  from  pipe  also being located on a curve concave to the west; thence running and running northerly along the easterly bounds  of the  aforesaid highway and being along said curve, with the curve having a radius of 987.93 feet, 60.00  feet  to  the  point  of  beginning  and containing  6.905  acres of land. Being the same premises as conveyed to Ronald Marx and Alice Marx by deed of CIT Small Business Lending  Corp., as  agent  of  the administrator, U.S. Small Business Administration, an agency of the United States Government  dated  September  10,  2001  and recorded in the office of the Clinton County Clerk on September 21, 2001 as Instrument #135020 ; or  (vi)  any  such  premises  or businesses located on that certain plot, piece or parcel of land, situate, lying and being in the Second Ward  of the  City of Schenectady, on the Northerly side of Union Street, bounded and described as follows: to wit; Beginning at the Southeasterly  corner of  the lands lately owned by Elisha L. Freeman and now by Albert Shear; and running from thence Easterly along the line of Union Street, 44 feet to the lands now owned by or in the possession of James  G.  Van  Vorst; thence  Northerly  in a straight line along the last mentioned lands and the lands of the late John Lake, 102 feet  to  the  lands  of  one  Miss Rodgers;  thence  Westerly along the line of the last mentioned lands of said Rodgers to the lands of the said Shear; and thence Southerly  along the lands of said Shear 101 feet, 6 inches to Union Street, the place of beginning.   Also  all  that  tract  or parcel of land, with the buildings thereon, situate in the City of Schenectady, County of Schenectady, and State  of New  York,  situate  in  the First, formerly the Second Ward of the said City, on the Northerly side of  Union  Street,  which  was  conveyed  by William  Meeker  and  wife to Elisha L. Freeman by deed dated the second day of December 1843, and recorded in the Clerk's Office of  Schenectady County on December 5, 1843, in Book V of Deeds at page 392, which lot in said  deed  is bounded and described as follows: Beginning at a point in the Northerly line of Union  Street  where  it  is  intersected  by  the Easterly  line  of  property  numbered 235 Union Street, which is hereby conveyed, and running thence Northerly along the Easterly line  of  said property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point sixteen (16) feet Southerly from the Southerly line of  the  new  garage built  upon  land  adjoining on the North; thence Westerly parallel with said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin of  Union  Street;  thence  Easterly along the Northerly margin of Union Street, about Forty-eight and three-tenths (48.3) feet to the  point  or place of beginning.   The  two  above  parcels  are  together more particularly described as follows:   All that parcel of land in the City  of  Schenectady  beginning  at  a point  in  the  northerly  margin  of  Union Street at the southwesterly corner of lands now or formerly of Friedman (Deed Book 636 at page  423)  which  point  is  about  60  feet westerly of the westerly line of North College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the southeasterly  corner  of  other lands now or formerly of Friedman (Deed Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the southwesterly corner of lands now or  formerly  of  Stockade  Associates (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to lands  now  or formerly at McCarthy (Deed Book 1129 at page 281); thence along McCarthy S. 00 deg. 52' 02" E.  3.69  feet  to  the  northwesterly corner  of lands now or formerly of SONYMA (Deed Book 1502 at page 621); thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence still along lands of SONYMA and lands now or  formerly  of  Magee  (Deed Book  399  at  page  165)  S. 86 deg. 11' 52" E. 42.57 feet to a corner; thence still along lands of Magee and  Lands  of  Friedman  first  above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.   Excepting  and  reserving  all  that portion of the above parcel lying easterly of a line described as follows:   All that tract or parcel of land, situated in the City of  Schenectady and  County  of Schenectady and State of New York, on the Northerly side of Union Street bounded and described as follows:   Beginning at a point in the northerly line of Union Street, said point being in the division line between lands now  or  formerly  of  Electric Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the East;  thence  North  03  deg. 04' 10" East, along the building known as Street No. 241 Union Street, a distance of 30.50 feet to a point; thence North 88 deg. 45' 45" West, along said  building  and  building  eve,  a distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East, along said building eve of Street No. 241 Union Street,  a  distance  of 32.74  feet; thence South 88 deg. 45' 45" East, along said building eve, a distance of 1.2 feet to an intersection of building corner  of  Street No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30" East, along said brick wall, a distance of 14.47 feet to a point in  the corner  of  the brick wall, thence South 86 deg. 46' 45" East along said brick wall a distance of 4.42 feet to the  intersection  of  brick  wall with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid) on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic, (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of 0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler and Donna Lee Wexler Pavlovic.   Also  all  that  tract  or  parcel of land commonly known as the Union Street School, located on the Northeasterly corner of  Union  and  North College  Streets in the First Ward of the City and County of Schenectady and State of New  York,  more  particularly  bounded  and  described  as follows:    Beginning  at  a point in the Northerly street line of Union Street where it is intersected by the  Easterly  street  line  of  North College Street, and runs thence Northerly along the Easterly street line of  North College Street, one hundred seven and five-tenths (107.5) feet to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one hundred  ninety-one and seventy-five hundredths (191.75) feet to a point in the Northwesterly street line of Erie Boulevard thence  southwesterly along  the  Northwesterly  street  line  of  Erie Boulevard, one hundred twenty-three and eight-tenths (123.8) feet to its intersection with  the Northerly  street  line  of  Union  Street;  thence  Westerly  along the Northerly street line of  Union  Street,  one  hundred  twenty-four  and fifty-five hundredths (124.55) feet to the point or place of beginning.   The  above  described parcel of property includes the Blue Line parcel of land, which is a portion of the abandoned Erie Canal  Lands,  located  in  the  First Ward of the City of Schenectady, New York, and which Blue Line parcel lies between the Northwesterly line of Erie Boulevard as set forth in the above described premises and the Northeasterly lot line  of the  old  Union Street School as it runs parallel with the Northwesterly line of Erie Boulevard as aforesaid.   The two above parcels are  together  more  particularly  described  as follows: All that parcel of land in the City of Schenectady beginning at a  point  in  the northerly margin of Union Street and the northwesterly margin of Erie Boulevard and runs thence along Union Street N.  86  deg. 42'  20"  W. 124.55 feet to the easterly margin of North College Street; thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to the southeasterly corner of lands now or formerly of McCarthy (Deed Book 1129 at page 279); thence along McCarthy, Cottage Alley and lands now or formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E. 191.75 feet to the northwesterly margin of Erie Boulevard; thence  along Erie  Boulevard  S.  38  deg.  03'  53"  W.  123.54 feet to the point of beginning;  (vii) any such premises or businesses located on that tract or  parcel of  land  situate  in the Town of Hopewell, Ontario County, State of New York, bounded and described as follows: Commencing at a 5/8" rebar found on the division line between lands now or formerly of Ontario  County  - Finger  Lakes  Community  College  (Liber 698 of Deeds, Page 466) on the north and lands now or formerly of James W. Baird (Liber 768  of  Deeds, Page  1109)  on  the  south;  thence,  North  43°-33'-40"  West, on said division line, a distance of 77.32  feet  to  the  Point  of  Beginning. Thence,  North  43°-33'-40"  West,  continuing on said division line and through said lands of Ontario County, a distance of  520.45  feet  to  a point  on  the  southeasterly  edge of an existing concrete pad; thence, South 74°-19'-53" West, along said edge of concrete and  the  projection thereof,  a  distance  of 198.78 feet to a point on the easterly edge of pavement of an existing campus drive;  thence,  the  following  two  (2) courses  and  distances  along said edge of pavement: Northeasterly on a curve to the left having a radius of 2221.65 feet, a  chord  bearing  of North  30°-16'-39"  East, a chord distance of 280.79, a central angle of 07°-14'-47", a length of 280.98 feet to a point  of  reverse  curvature; thence,  Northeasterly on a curve to the right having a radius of 843.42 feet, a chord bearing of North 45°-25'-09" East,  a  chord  distance  of 534.08,  a  central  angle  of 36°-55'-01", a length of 543.43 feet to a point; thence, South 30°-04'-59" East, a distance of 18.28 feet  to  the corner  of  the property acquired by Ontario County (Liber 766 of Deeds, Page 1112), as shown on a map recorded in  the  Ontario  County  Clerk's Office  as  Map  No.  6313;  thence,  the following four (4) courses and distances along said property line: South 30°-04'-59" East,  a  distance of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of 147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of 200.93 feet to a point;  thence,  South  23°-48'-53"  West,  along  said property  line, and the projection thereof, through the first said lands of Ontario County - Finger Lakes Community College (Liber 698 of  Deeds, Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01, dated  June  10,  2005,  last  revised  August 17, 2005. The related PAC Properties are shown on the Map denominated "FLCC Campus Property, FLPAC Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds at  page  9 and are comprised of the areas separately labeled as Parking  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the Entry Roads;  (viii)  any  such  premises  or businesses located on all that certain piece or parcel of land situate in  the  City  of  Syracuse,  County  of Onondaga,  State  of New York, lying generally Northwesterly of the West Hiawatha Boulevard, and generally Northeasterly of the  New  York  State Barge  Canal,  being  a  portion  of Lot 11I and Lot 11J of the Carousel Center Subdivision as shown on a  resubdivision  plan  of  the  Carousel Center  Subdivision filed as Map No. 8743 in the Onondaga County Clerk's Office, and as of May 20, 2014 identified  as  space  L323  in  a  lease between the liquor license applicant and property owner and on the third level  of  the  shopping center thereon, such shopping center land being more particularly bounded and described as follows:   BEGINNING at the point  of  the  intersection  of  the  division  line between  the  Northeasterly  boundary of the New York State Barge Canal, Syracuse Terminal designated as "Parcel No. T-111" on the Southwest  and Lot  11I  of  the  Carousel Center Subdivision on the Northeast with the Northwesterly boundary of West Hiawatha Boulevard; thence North 50  deg. 26 min. 28 sec. West, along said division line, 690.72 feet; to a point; thence  through  Lot  11I  and  11J  of  said  subdivision the following thirty-five (35) courses and distances:   1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;   2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;   3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;   4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;   5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;   6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;   7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;   8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;   9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;   10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;   11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;   12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;   13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;   14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;   15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;   16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;   17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;   18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;   19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;   20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;   21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;   22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;   23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;   24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;   25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;   26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;   27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;   28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;   29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;   30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;   31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;   32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;   33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;   34) Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a  point; and   35)  Thence  South 82 deg. 07 min. 44 sec. East 207.07 feet to a point on the westerly right of way line of Interstate Route 81,  Thence  along  the westerly and southwesterly right of way line of Interstate Route 81, in  a generally southeasterly direction, the following seven (7) courses and distances:   1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;   2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;   3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;   4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;   5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;   6)  Thence  South  42 deg. 27 min. 42 sec. East 58.65 feet to a point; and   7) Thence South 40 deg. 20  min.  45  sec.  East  77.11  feet  to  its intersection  with  lands appropriated by the People of the State of New York described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836; Thence along the bounds of said  Map 1401 Parcel 1831 the following fifteen (15) courses and distances:   1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence   2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence   3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence   4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence   5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence   6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence   7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence   8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence   9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence   10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence   11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence   12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence   13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence   14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and   15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with the  northerly  bounds  of  Map  1402 Parcel 1836 of said appropriation; Thence along the bounds of Map 1402 Parcel 1836  as  described  in  Book 5256  of  Deeds  at  Page  686  and  Book  5274 of Deeds at Page 836 the following three (3) courses and distances:   1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence   2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and   3) North 07 deg. 40 min. 37 sec. East 70.35 feet to  its  intersection with  the  bounds  of  the  hereinabove  described Map 1401 Parcel 1831; Thence along the bounds of said Map 1401 Parcel 1831 the  following  ten (10) courses and distances:   1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence   2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence   3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence   4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence   5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence   6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence   7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence   8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence   9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and   10)  South 47 deg. 06 min. 38 sec. East 95.11 feet to its intersection with the division line between Lot 11J on the Northwest  and  the  lands now  or  formerly of Woodstead Enterprises Co. as described in Book 3530 of Deeds at Page 257 on the Southeast (formerly lands of Rome  Watertown and  Oswego  Railroad  Company  via Letters Patent, Book 292, Page 264); thence South 28 deg. 12 min. 27 sec. West along said division  line  and along  the  Northwesterly  boundary  of West Hiawatha Boulevard in part, 36.93 feet to its point of intersection with Northeasterly  boundary  of West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along  said  Northeasterly  boundary  158.30  feet to its point of intersection with the Northwesterly boundary of said West Hiawatha Boulevard;  thence West  along said Northwesterly boundary the following three (3) courses: 1)  South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2) South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and  3)  South 23  deg.  40  min. 55 sec. West 220.04 feet to its point of intersection with Southwesterly boundary of West Hiawatha Boulevard; thence South  49 deg.  30  min. 46 sec. East along said Southwesterly boundary, 0.30 feet to its point  of  intersection  with  the  first  hereinabove  described Northwesterly  boundary of West Hiawatha Boulevard; thence South 40 deg. 26 min. 20 sec. West, along said Northwesterly boundary, 98.08  feet  to its  point of intersection with the division line between Lot 11J on the Northeast and  Lot  11H  of  the  Carousel  Center  Subdivision  on  the Southwest;  thence  North  50  deg.  25  min.  12  sec. West, along said division line, 147.85 feet to the Northwest corner of  Lot  11H;  thence South  40  deg. 26 min. 20 sec. West 217.47 feet to the Southwest corner of lot 11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet  to  a point  on the first hereinabove described Northwesterly boundary of West Hiawatha Boulevard; thence along said  Northwesterly  boundary  of  West Hiawatha  Boulevard  the  following two (2) courses: 1) South 40 deg. 26 min. 20 sec. West 17.66 feet to a point; and 2) South 43 deg. 01 min. 50 sec. West 468.25 feet to the point of beginning.   Excepting the following piece or parcel of land  appropriated  by  the People  of  the  State  of New York described as Map 1401 Parcel 1832 in Book 5256 of Deeds at Page 686 and Book  5274  of  Deeds  at  Page  836: Commencing  at  the  southwest corner of herein above described Map 1402 Parcel 1836 said point having a proceeding course of South  07  deg.  40 min.  17  sec.  West  70.35  feet  in the premises describe hereinabove; thence North 13 deg. 18 min. 48 sec. West 138.17 feet to  the  southeast corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401 Parcel 1832 the following four (4) courses and distances:   1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence   2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence   3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and   4)  South  07  deg.  53  min. 54 sec. West 353.36 feet to the point of beginning; or such premises or  businesses  located  on  that  tract  or parcel of land situate lying and being in the Town of Oneonta, County of Otsego  and  State  of New York and being a portion of Otsego County Tax Map Department Parcel Number 287.00-1-33 and bounded  and  described  as follows:  Beginning at a point 2.12 feet off the northeasterly corner of a one story building on the lands, now or formerly, of Abner  Doubleday, LLC,  aka  Cooperstown  All  Star  Village,  LLC, as owned by Martin and Brenda Patton, which point lies N 87°55'13" W a distance of 149.37' from the northeast corner of  the  Patton  lands;  thence  N  74°30'18"  W  a distance  of  51.50  feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a point; thence N 74°30'18" W a distance of 14.00 feet to a point; thence S 15°29'42" W a distance of 19.20 feet to a point;  thence S  74°30'18" E a distance of 14.20 feet to a point; thence S 15°29'42" W a distance of 4.20 feet; thence S 74°30'18" E a distance of  51.30  feet to  a point; thence N 15°29'42" E a distance of 25.40 feet to a point to the point and place of beginning; or  (ix) on premises or  with  respect  to  a  business  constituting  the overnight  lodging facility located wholly within the boundaries of that tract or parcel of land situated in the borough of Manhattan,  city  and county  of  New York, beginning at a point on the northerly side of west fifty-fourth street at a  point  one  hundred  feet  easterly  from  the intersection  of the said northerly side of west fifty-fourth street and the easterly side  of  seventh  avenue;  running  thence  northerly  and  parallel  with the easterly side of seventh avenue one hundred feet five inches to the center line of the  block;  running  thence  easterly  and parallel  with  the northerly side of west fifty-fourth street and along the  center  line  of  the  block  fifty feet to a point; running thence northerly and parallel with the easterly  side  of  seventh  avenue  one hundred  feet  five  inches  to  the  southerly side of west fifty-fifth street at a point distant one  hundred  fifty  feet  easterly  from  the intersection  of  the said southerly side of west fifty-fifth street and the easterly side of seventh avenue; running thence easterly  along  the southerly  side  of west fifty-fifth street thirty-one feet three inches to a point; running thence southerly and parallel with the easterly side of the seventh avenue one hundred feet five inches to the center line of the block; running thence easterly along the center line  of  the  block and  parallel  with  the  southerly side of west fifty-fifth street, one hundred feet; running thence northerly and parallel  with  the  easterly side  of  seventh  avenue  one hundred feet five inches to the southerly side of west fifty-fifth  street;  running  thence  easterly  along  the southerly  side  of  west  fifty-fifth  street  twenty-one  feet ten and one-half inches to a point; running thence southerly and  parallel  with the  easterly side of seventh avenue one hundred feet five inches to the center line of the block; running thence westerly along the center  line of  the  block and parallel with the northerly side of west fifty-fourth street three feet one and one-half inches; running thence southerly  and parallel  with the easterly side of seventh avenue one hundred feet five inches to the northerly side of west  fifty-fourth  street  at  a  point distant  three  hundred  feet easterly from the intersection of the said northerly side of west fifty-fourth street  and  the  easterly  side  of seventh  avenue; running thence westerly and along the northerly side of west fifty-fourth street two hundred feet  to  the  point  or  place  of beginning,  provided  that  such  facility  maintains not less than four hundred guest rooms and suites for overnight lodging; or  (x) on such premises or business located on any of the following  four parcels:   Parcel A   any  such  premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of the  Village  of Altmar,  County  of  Oswego,  Great  Lot  19  beginning  at  a  point on centerline of Pulaski Street at its intersection with the division  line between  the lands now or formerly of Altmar Parish Williamstown Central School District (APW CSD) as described in Book 378 of Deeds at Page  118 on  the  northwest  and  the  lands  now  or  formerly  of Tostanoski as described in Book 1356 of Deeds at Page  55  on  the  southeast;  Thence along said centerline the following two (2) courses: 1) North 37 deg. 35 min.  00 sec. West, a distance of 803.88 ft. to a point and 2). North 45 deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its  intersection with  the  division  line  between  the  said  lands  of  APW CSD on the southeast and the lands now or formerly of Hayward as described in  Book 894  of  Deeds  at  Page 211 & Doc.  #2006-9318 on the northwest; Thence North 23 deg. 48 min. 43 sec. East along said division,  a  distance  of 131.66  ft.  to its intersection with the division line between the said lands of APW CSD on the north and the  said  lands  of  Hayward  on  the south; Thence South 73 deg. 16 min. 17 sec. West along the said division line,  a  distance  of  131.66 ft. to its intersection with the division line between the said lands of APW CSD and the lands now or formerly  of National  Grid  as  described  in  Book 282 of Deeds at Page 552; Thence along said division line to the following six (6) courses: 1)  North  23 deg.  43  min. 38 sec. East, a distance of 158.73 ft. to a point; thence 2) North 83 deg. 39 min. 24 sec. West, a distance of  190.48  ft.  to  a  point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15 ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a distance  of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec. East, a distance of +/- 522 ft. to its intersection with the  center  of Salmon  River;  Thence  upstream  along  said center, and in a generally southerly direction, a distance of +/- 1,455  ft.  to  its  intersection with  the  division  line  between  the  said  lands  of  APW CSD on the northwest and the lands now or formerly of Bennett as described in  Book 927  of  Deeds at Page 65 on the southeast; Thence South 52 deg. 19 min. 00 sec. West along said division line, a distance of +/- 170  ft.  to  a point;  Thence South 52 deg. 19 min. 00 sec. West, continuing along said division line, a distance of 400.00 ft. to  its  intersection  with  the centerline  of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West along said centerline, a distance of 53.65 ft. to its intersection  with the division line between the said lands of APW CSD on the southeast and the  lands  now or formerly of Pfluger as described in Book 922 of Deeds at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec.  East along  said  division line, a distance of 330.00 ft. to its intersection with the division line  between  the  said  lands  of  APW  CSD  on  the northeast  and  the  said lands of Pfluger, the lands now or formerly of Endsley as  described  in  Book  1520  of  Deeds  at  page  5,  and  the hereinabove said lands of Tostanoski, in part by each, on the southwest; Thence  North  37  deg. 35 min. 00 sec. West along said division line, a distance of 247.50 ft.  to  its  intersection  with  the  division  line between the said lands of APW CSD on the northwest and the said lands of Tostanoski  on the southeast; Thence South 52 deg. 25 min. 000 sec. West along said division line, a distance of  330.00  ft.  to  the  POINT  OF BEGINNING; or   Parcel B   any  such  premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of  that  tract  or parcel  of  land situate in the city of Syracuse, County of Onondaga and State of New York, being part  of  Block  366  in  said  City  and  more particularly  bounded  and described as follows: beginning at a point at the intersection of the southerly line of East Genesee Street  with  the westerly  line  of  University Avenue; running thence: South 00° 30' 30" West, along said Westerly line of University Avenue, a distance of 75.16 feet to a point therein; Thence North 89° 49' 00" West,  a  distance  of 140.00  feet  to  a  point; thence South 00° 30' 30" West, a distance of 271.55 feet to a point; Thence North 89° 49' 00"  West,  a  distance  of 103.01  feet  to  a  point; Thence South 00° 11' 00" West, a distance of 132.00 feet to a point in the northerly line of Madison  Street;  Thence North  89°  49'  0" West along said northerly line, a distance of 141.36 feet to a point; Thence North 00° 25' 10" East, a distance of 50 feet to a point in the westerly line  of  Farm  Lot  200  of  the  Salt  Springs Reservation;  Thence  North 03° 26' 10" West along said westerly line, a distance of 415.12 feet to a point in the southerly line of East Genesee Street; Thence North 88° 11' 00" East,  along  said  southerly  line,  a distance of 412.50 feet to the point of beginning. The premises are also described  as  follows: All that tract or parcel of land, situate in the City of Syracuse, County of Onondaga and State of New York, being  known as  new  Lot  1A as is more particularly shown on a Resubdivision Map of Part of Block 366 made by Christopherson Land Surveying and filed in the Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or   Parcel C   any such premises or business constituting the overnight  lodging  and resort  facility  located wholly within the boundaries of all that tract  or parcel of land situate in the city of Syracuse,  County  of  Onondaga and  State of New York, being a part of Lots 200 and 201, Lots 2, 6, and 7, Block 368 in the City of Syracuse  and  being  further  described  as follows:  Beginning  at  a  drill  hole  set  at the intersection of the easterly street margin of South Crouse Avenue and the  southerly  street margin  of  Harrison  Street;  Thence S. 89° 51' 36" E. (S 89° 49' 40" E measured), along the southerly  street  margin  of  Harrison  Street,  a distance of 395.30 feet to a capped iron rod set at the westerly line of a  parcel of land conveyed to Syracuse University; Thence S. 00° 28' 34" W. (S 00° 30' 30" W measured), along the westerly line of those  parcels of  land conveyed to Syracuse University, a distance of 132.00 feet to a capped iron rod set; Thence  N.  89°  51'  36"  W.  (N  89°  49'  40"  W measured),  along  the  northerly  line  of a parcel of land conveyed to Syracuse University, a distance of 132.00 feet to a capped iron rod set; Thence N. 89° 51' 36" W. (N 89° 49' 40" W measured), along the northerly line of a parcel of land conveyed to Syracuse University, a distance  of 66.00 feet to a capped iron rod set; Thence S. 00° 28' 34" W. (S 00° 30' 30"  W  measured),  along  the westerly line of that Syracuse University Property, a distance of 71.25 feet to a capped iron rod  set;  Thence  N 89°  55' 36" W. (89° 53' 39" W measured), a distance of 130.40 feet to a capped iron rod set at the easterly line of that parcel of land conveyed to Crouse Health Systems, Inc. by deed recorded in the  Onondaga  County Clerk's  Office in Liber 4800 at Page 730; Thence N. 03° 44' 23" W. (03° 42' 26" W measured), along  the  easterly  line  of  the  Crouse  Health System,  Inc.  property, a distance of 37.99 feet to a magnetic nail set at the northeast corner of  the  aforementioned  Crouse  Health  System, Inc.;  Thence  N.  89°  51' 36' W. (N 89° 49' 40" W measured), along the northerly line of the Crouse Health System, Inc. Property, a distance of 195.85 feet to a capped iron rod set at the easterly  street  margin  of South  Crouse  Avenue;  Thence  N.  00°  23'  14"  E.  (N  00° 25' 10" E measured), along the easterly street margin of South  Crouse  Avenue,  a distance of 165.50 feet to the point of beginning. Together with all the right,  title  and  interest in and to strops and gores of land, if any, adjoining or adjacent to said premises and to the lands lying in the bed of any street, road land or right of way, as they now exist, or formerly existed in, in front of, or adjoining the premises  above  described  or used  in  connection with said above described premises. Containing 1.55 acres of land  more  or  less.  It  being  the  intent  of  this  survey description  to  describe those parcels of land conveyed by Temple Adath Yeshurun, also known as the Congregation Adath Yeshurun, to the Syracuse Urban Renewal Agency, by a Warranty Deed dated September 21, 1972,  that was  duly  recorded in the Onondaga County Clerk's Office on October 10, 1972 in Deed Book 2486 at Page 1137. Being a  portion  of  the  premises conveyed  at  Hotel  Skylar,  LLC,  f/k/a 908 Harrison St., LLC, by deed dated June 5, 2007, and recorded in the Onondaga County  Clerk's  Office on  June 14, 2007 in Deed Book 04998 at Page 0795 (Instrument: 0687909); or   Parcel D   any such premises or business constituting the overnight  lodging  and resort  facility  located wholly within the boundaries of all that tract or parcel of land situate in the city of Syracuse, County  of  Onondaga, being  part  of  Lots  13,  14  and  15  of Block 233 in said City, more particularly bounded and described as follows: beginning at a  point  in the  northerly  line  of  East  Genesee Street, a distance of 232.5 feet easterly, measured along said northerly line, from the easterly line  of Almond  Street;  Running  thence  the following 8 courses and distances: (1.) S 89° 30' 50"E, along said northerly line of East Genesee Street, a distance of 109.5 feet; (2.) N 00° 20' E, parallel  with  said  easterly  line  of  Almond Street, a distance of 158.69 feet to the southerly line of Orange Alley; (3.) N 89° 30' 50" W,  along  said  southerly  line  of Orange  Alley,  a  distance  of  66  feet  to a point; (4.) N 00° 20' E, parallel  with  said  easterly  line  of  Almond  Street, 20 feet to the northerly line of Orange Alley;  (5.)  N  89°  30'  50"  W,  along  said northerly  line of Orange Alley, a distance of 9 feet; (6.) S 00° 20' W, parallel with said easterly line of Almond Street, a  distance  of  13.5 feet  to  a  point;  (7.)  N  89° 30' 50" W, parallel with the aforesaid northerly line of East Genesee Street, a distance of 3 feet to a  point; and,  (8.)  S  00°  20'  W,  parallel  with said easterly line of Almond Street, a distance of 165.19 feet to the point of beginning,  containing 17,781+/-  sq. ft. (0.41+/- Acres of Land) and; Parcel II (#716-718 East Fayette Street), All that tract or parcel of land situate in the City of Syracuse, County of Onondaga and State of New York, being Lot 3 and part of lots 4 and 9 of Block 233 beginning in the  southerly  line  of  East Fayette  Street,  a  distance  of 132 feet westerly, measured along said southerly line, from the westerly line of Forman Avenue; Running  thence the  following 4 courses and distances: (1.) N 89° 30' 50" W, along said southerly line of East Fayette Street, a distance of 97 feet; (2.) S 00° 20' 20" W, parallel with said westerly line of Forman Avenue, a distance of 178.69 feet to the northerly line of Orange Alley; (3.) S 89° 30' 50" E, along said northerly line of Orange Alley, a distance of 97 feet to a point; and, (4.) N 00° 20' 10" E, parallel with said  westerly  line  of Forman Avenue, a distance of 178.69 feet to the point of beginning; or  (xi)  with  respect  to  any  premises or business located on all that certain parcel of land situate in  the  City  of  Peekskill,  County  of Westchester  and  State of New York, that is a portion of Parcel I as it is shown on that certain map entitled, "Survey ..  at  Charles  Point.." which  was filed in the Westchester County Clerk's Office on October 23, 1980 as Map No. 20407 that is bounded and described as follows:   BEGINNING at a point on the easterly shoreline of the Hudson River and within the bounds of the said Parcel I as it is shown on the said  Filed Map No. 20407, which point occupies coordinate position:   North 464418.83 (y)   East 607401.00 (x)   of  the New York State Coordinate System, East Zone and which point is distant, the following courses from the southerly corner of  the  Parcel shown on Map No. 20407 that occupies coordinate position   North 463520.804 (y)   East 608470.681 (x)   of the aforesaid New York State Coordinate System, East Zone:   North 47 degrees 30' 36" West 856.60 feet,   North 77 degrees 10' 53" West 488.18 feet,   North 41 degrees 17' 53" West 113.32 feet and   North 41 degrees 50' 16" East 169.08 feet;   THENCE  from  the  said  point  of  beginning  along the said easterly shoreline (high water mark) of the east bank of the Hudson River:   Due North 16.17 feet,   North 53 degrees 58' 22" West 13.60 feet,   North 73 degrees 04' 21" West 24.04 feet,   North 63 degrees 26' 06" West 22.36 feet,   North 82 degrees 18' 14" West 37.34 feet,   North 64 degrees 47' 56" West 37.58 feet,   South 82 degrees 52' 30" West 16.12 feet,   North 61 degrees 41' 57" West 14.76 feet and   South 21 degrees 48' 05" West 9.71 feet;   THENCE leaving the high water mark and running across a  peninsula  of land and along the division line between Parcel I and Parcel II as shown  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to another  point  on  the said easterly shoreline (high water mark) of the East Bank of the Hudson River;   THENCE  northerly  along  the  said  high  water  mark,  the following courses:   North 3 degrees 00' 46" West 17.54 feet,   North 13 degrees 45' 39" West 50.45 feet,   North 10 degrees 49' 23" West 69.23 feet,   North 0 degrees 47' 22" West 52.48 feet to a point which is the  point of  beginning  of the hereinafter described 40 foot easement which point occupies coordinate position   North 464676.48 (y)   East 607189.28 (x)   of the New York State Coordinate System, East Zone;   THENCE continuing along the aforesaid easterly shoreline  (high  water mark) of the East Bank of the Hudson, the following courses:   North 10 degrees 18' 17" West 23.91 feet,   North 39 degrees 04' 58" West 21.39 feet,   North 20 degrees 13' 30" West 21.74 feet,   North 39 degrees 02' 08" West 95.27 feet,   North 13 degrees 08' 02" West 30.81 feet,   North 18 degrees 26' 06" West 53.76 feet,   North 28 degrees 10' 43" West 63.53 feet,   North 18 degrees 26' 06" West 50.60 feet,   North 37 degrees 14' 05" West 31.40 feet,   North 21 degrees 15' 02" West 96.57 feet,   North 32 degrees 00' 19" West 47.17 feet,   North 1 degree 18' 07" West 44.01 feet and   North  17  degrees 14' 29" East 29.32 feet to a point on the southerly line of lands under lease to the County of Westchester (Resco Site);   THENCE along the said County of Westchester (Resco  Site)  lands:  Due East  432.31  feet  to a point on the westerly line of an easement and a right-of-way leading to Charles Point Avenue;   THENCE along the said westerly and  southwesterly  line  of  the  said right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and South 27 degrees 13' 00" East 406.90 feet to a point;   THENCE leaving the said easement and running along other lands now  or formerly  of  The City of Peekskill Industrial Development Agency, South 41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly shoreline (high water mark) of the East Bank of the Hudson River and the point or place of beginning.   TOGETHER  with an easement over all that parcel of land situate in the City of Peekskill, County of Westchester and State of New York  that  is more particularly bounded and described as follows:   BEGINNING at a point on the westerly line of Charles Point Avenue with the  said westerly line is intersected by the line dividing the easement herein described on the south from lands under lease to  the  County  of Westchester  (Resco  Site)  on the north which point occupies coordinate position:   North 464719.99 (y)   East 608004.15 (x)   of the New York State Coordinate System, East Zone;   THENCE from the said point  of  beginning  southerly  along  the  said westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West 103.48 feet to a point;   THENCE westerly along other lands of the City of Peekskill  Industrial Development  Agency:  Due  West  396.44  feet  to  a  point which is the  easterly most corner of the  lands  of  Point  Associates,  the  grantee herein;   THENCE  along  the  northeasterly  line  of the said Point Associates' land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16 feet to a point on the southerly line of the aforementioned lands leased to the County of Westchester (Resco Site);   THENCE easterly along the said southerly line Due East 75.00 feet to a point;   THENCE southeasterly and easterly still along the said lands leased to the County of Westchester (Resco Site) the following courses:   Due South 223.00 feet,   South 27 degrees 13' 00" East 314.87 feet and   Due  East  390.14  feet to the aforementioned westerly line of Charles Point Avenue and the point or place of BEGINNING.   TOGETHER WITH a non-exclusive easement for utilities, and ingress  and egress over that certain right of way leading from Charles Point Avenue, now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly direction to the above described premises and as more fully described in the Declaration of Easement recorded in Liber 8888 cp 35; or  (xii) all those tracts or parcels of land, situate in the  Tenth  Ward of  the  City of Troy, County of Rensselaer and State of New York, known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A Five (A5) and the southerly portions of Lots Four (4) and A  Four  (A4), as  the  same  are  laid  down  and  described  on a certain Map made by Frederick W. Orr, dated August 15, 1918, filed  in  the  Office  of  the Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises  hereby  intended  to  be conveyed are bounded and described as follows:   COMMENCING at an iron rod in the westerly side of River Street at  the most  southeasterly  corner  of  premises  heretofore  conveyed by Harry Goldberg and Norman Goldberg to Arthur E. Collins and another,  by  Deed dated  November 8, 1940, recorded November 12, 1940 In the Office of the Clerk of the County of Rensselaer in Book 633 of Deeds at page  400  and running  thence  southerly along the westerly line of River Street 215.6 feet to a pipe in the most southeasterly corner of Lot  No.  A7;  thence westerly  along  the southerly line of Lots Nos. A7 and 7, 163 feet more or less to the easterly shore of  the  Hudson  River;  thence  northerly along  the  easterly  shore of the Hudson River 216 feet more or less to the most southwesterly corner of land heretofore conveyed  by  the  said Harry  Goldberg  and  Norman  Goldberg  to Arthur E. Collins and another hereinbefore  recited;  thence  along  the  southerly  line   of   lands heretofore  conveyed  to  said  Collins and another easterly 31.75 feet; thence northerly 6.33 feet; thence easterly 18  feet;  thence  southerly 6.33  feet;  thence  easterly  150.57  feet  to  the  point  or place of beginning.   EXCEPTING THEREFROM that portion of the above  described  premises  as were  conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, Inc.  by deed dated June 22, 1993 and recorded in the Rensselaer  County Clerk's  Office  on  June  24,  1993  in Book 1960 of Deeds at Page 215, Containing 17,600 square feet of land more or less.   BEARINGS refer to the magnetic meridian of  1993.  Said  premises  are also  described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage and depth 115.60 x 220.00 being the same premises described in Book 6534 of Deeds at Page 256 in the Rensselaer County Clerk's Office  and  being the  same  premises  in  the  2009  City  of  Troy  Assessment Rolls and 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC;  CORINA, ANGELO;  MCLAUGHLIN,  JOHN  D & VASIL, SCOTT); and being further bounded and described as follows: BEGINNING at a point marked by a  capped  iron  rod  where  the  division  line  between lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast  and  lands herein  described  on the southwest intersects the northwesterly side of River   Street;  running  thence  South  40°  01'  52"  West  along  the northwesterly side of River Street a distance of 100.00 feet to a point; thence North 49° 45' 31" West a distance of 41.97 feet to a point at the southwesterly corner of the building located  on  the  herein  described premises, said point also being the northeasterly corner of the building located on the property adjoining on the southwest; thence North 60° 59' 40"  West  along  the building wall located on the property adjoining on the southwest and the northwesterly continuation of same a  distance  of 140.88  feet to the easterly shore of the Hudson River; thence North 30° 16' 52" East along the shore of the Hudson River  a  distance  of  90.90 feet  to  a  point;  thence  South  60°  44' 08" East along lands now or formerly of Walter  Snyder  Printer,  Inc.  (Liber  1334,  Page  861)  a distance  of  31.75  feet  to  a  point;  thence  North 30° 16' 52" East continuing along lands now or formerly of Walter Snyder Printer, Inc.  a distance  of  6.33  feet  to  a  point;  thence  South  60° 44' 08" East continuing along lands now or formerly of Walter Snyder Printer,  Inc  a distance  of  18.00  feet  to  a  point;  thence  South 30° 16' 52" West continuing along lands now or formerly of Walter Snyder Printer, Inc.  a distance  of  6.33  feet  to  a  point;  thence  South  60° 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc.  a distance  of  149.40  feet  to  the point and place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing  lands considered to be a single contiguous parcel.  (xiii) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of Saratoga  Springs,  Saratoga  County, New York, bounded and described as follows: Beginning at a point 55 feet  south  on  Beekman  Street,  from where  the  west  line  of  Beekman  Street intersects the south line of Congress Street, and running thence southerly along  the  west  line  of Beekman  Street 55 feet, more or less, to the north line of the premises now or formerly owned or occupied by Henry Curtis; thence westerly along said Curtis' north line 65 feet, more or less, to the east line  of  the premises  heretofore  conveyed  to  Edward  M. Merritt; thence northerly along said Merritt's east line 55 feet, more or less, to a point 55 feet south of the south line of Congress Street; thence easterly  on  a  line parallel  with  the south line of Congress Street 65 feet, more or less, to the point and place of  beginning;  and  being  further  bounded  and described  as  follows: BEGINNING at a point in the Southerly line Grand Avenue at the intersection of the Westerly line of Beekman Street,  said point  also being the Northeast comer of lands now or formerly of Dublin Underground, LLC as conveyed in Book 1769 of Deeds  at  Page  657,thence along  said  Westerly line of Beekman Street, South 01°02'45"West, SS.00 feet to a point at the intersection of the common division line  between lands  now  or formerly of Haggerty as conveyed in Book 1595 of Deeds at Page 480 on the South and lands of said Dublin Underground  LLC  on  the North,  thence along said division line, North 88°57'15"West, 65.00 feet to a point at the intersection of the common division line between lands now or formerly of Haynes as conveyed in Book 1630 of Deeds at Page  727 on  the West and said lands of Dublin Underground UC on the East, thence along said division line, North 01°02'45"East, 55.00 feet to a point  in the  Southerly  line  of Grand Avenue, thence along said Southerly line, South 88°57'15"East, 65.00 feet to the point or place of  beginning  and containing  3576  ±  square  feet of land; and being further bounded and described as follows: BEGINNING at a point where the  east  line  of  an alley intersects the south line of Grand Avenue, running thence easterly fifty-five  (55) feet, more or less, to the west line of property now or  formerly owned by one Desidora; thence southerly one hundred  ten  (110) feet,  more  or  less, to the northerly line of property now or formerly owned by one Gutierresl thence westerly fifty-five (55)  feet,  more  or less  to the easterly line of an alley; thence northerly one hundred ten (110) feet, more or less to the point or  place  of  beginning.  Be  the aforesaid  dimensions in this clause more or less and encompassing lands considered to be a single contiguous parcel; or  (xiv) any such premises or business located on that certain  piece  or parcel  of land, or any subdivision thereof, situate, lying and being in the Village of Suffern, Town of Ramapo, County of Rockland and State  of New  York,  addressed  as  97-99  Lafayette  Avenue,  Suffern, New York, identified for tax purposes by the Town of Ramapo - 2000 County/Town Tax Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification No. 54.35-2-54, bounded and described as follows:   BEGINNING at a point on the Westerly side of Washington Avenue,  where the  same  is intersected by the Northerly line of lands now or formerly of the Village of Suffern (Sect. 168, Lot 284), said  point  also  being the   Southeasterly  corner  of  the  premises  herein  intended  to  be described.   RUNNING THENCE North 76 degrees 15 minutes West  along  the  Northerly line  of  lands  now or formerly of the Village of Suffern a distance of 210.30 feet to a point; THENCE South 13 degrees 45  minutes  West  along the  Westerly  line of lands now or formerly of the Village of Suffern a distance of 78.75 feet to a point; THENCE North 76  degrees  28  minutes West along the Northerly line of lands now or formerly of the Village of Suffern  a distance of 96.30 feet to a point; THENCE North 13 degrees 32 minutes East a distance of 117.60 feet  to  a  point;  THENCE  South  76 degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North 13  degrees  32 minutes East a distance of 54.80 feet to a point; THENCE South 76 degrees 15 minutes East a distance of 91.00 feet  to  a  point; THENCE North 13 degrees 45 minutes East along the Easterly line of lands now  or  formerly  of Mirando (Sect. 168. Lot 239A) a distance of 123.25 feet to a point on the Southerly side of Lafayette Avenue; THENCE  South 59  degrees  56  minutes  42  seconds  East  along the Southerly side of Lafayette  Avenue  a  distance  of  176.92  feet  to  a  point;   THENCE Southeasterly  along  the Southerly side of Lafayette Avenue, on a curve to the right having a radius of 58.97 feet an arc distance of 76.88 feet to a point; THENCE South 14 degrees 45 minutes West along  the  Westerly side  of  Washington  Avenue  a  distance of 109.22 feet to the point or place of BEGINNING.   Being the same premises described in a deed dated June 11,  1999  from Westchester  Realty  Group  LLC  to  Marandy  Realty Associates, LLC and recorded in  the  Rockland  County  Clerk's  Office  on  June  24,  1999 Instrument ID # 1999-00033893.   The  premises  described  above  are more particularly described after field survey by A.R. Sparaco,  Jr.,  P.L.S.  dated  June  13,  2000,  as follows:   ALL  THAT  TRACT,  piece  or  parcel  of  land  with the buildings and improvements thereon in the Village of Suffern, Town of Ramapo, Rockland County, New York, Tax Map Reference Section 16B; Lots  239  B  and  254, bounded and described as follows:   BEGINNING  at  a cross-cut in the westerly line of Washington Ave. (50 feet wide) where the same is intersected by the northerly line of  lands of  the Village of Suffern (formerly Washington Ave. School) and running thence; North 78° 42' 52" West 211.11' along the northerly line of lands of the Village of Suffern to an iron pipe; thence,  South  11°  03'  40" West  78.38' continuing along said lands to a PK nail; thence, North 79° 21' 20" West 96.30' continuing along said lands to an iron pipe; thence,  North 10° 21' 09" E 117.12' along lands now or formerly of Meadows to  a point;  thence,  South 79°00'00" East 6.00' to a point in the centerline of an old right of way; thence, North 12°50'10" East  55.32'  along  the centerline  of  an  old  right  of  way  to  an iron pipe; thence, South 79°00'00" East 91.04' crossing through said right of way and  continuing along  the southerly line of lands now or formerly of Miranda to a cross cut; thence, North 11°15'34" East 123.37' along  the  easterly  line  of said  lands  to  a  cross  cut  in the southerly line of Lafayette Ave.; thence, South 62°34'00" East 165.97' along the assumed southerly line of Lafayette Ave. to a point of curvature; thence,  Southeasterly  along  a curve  to  the  right  having  a radius of 72.00' and an arc distance of 93.43' continuing along the same to a point of tangency in the  westerly line  of  Washington Ave; thence, South 11°47'00" West 100.86' along the westerly line of Washington Ave. to the point or place of BEGINNING.   Containing 1.267 acres of land more or less.   SUBJECT to utility easements described in Uber 1016, page  487,  Liber 1038, page 977, Book 340, page 1277.   SUBJECT  TO  a 6' wide easement for ingress and egress as described in Liber 318, page 4.   TOGETHER with a 6' wide and 12' wide right  of  way  as  described  in Liber 318, page 4.   SUBJECT  TO  any  other  easements,  rights of ways or restrictions of record.   Being the same premises described in a deed dated June 11,  1999  from Westchester  Realty  Group  LLC  to  Marandy  Realty Associates, LLC and recorded in  the  Rockland  County  Clerk's  Office  on  June  24,  1999 Instrument ID #1999-00033893; or  (xv)  ALSO  ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of Saratoga Springs, County of Saratoga and State of New York, bounded  and described  as follows: Starting at an iron pipe on the southerly side of New York State Highway 9P at  the  intersection  of  the  lands  now  of formerly  of  Ernst  and  one  Walbridge  and runs thence along the said highway S 64 degrees 25' E 72.4  feet  to  a  concrete  state  monument; thence S 35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side of  an  18  foot  wide  Right  of  Way extending from the aforementioned highway to the Low Water Mark of Saratoga Lake; thence  along  the  said Right  of  Way S 17 degrees 20' W 115 feet to an iron pipe, the place of beginning; thence in the same straight line along the said Right of  Way 78.4 feet to an iron pipe; thence still along the said Right of Way S 38 degrees 9' W 208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet to  an  iron  pipe; thence N 14 degrees 34' E 54.2 feet to an iron pipe; thence N 56 degrees 0' E 242.8 feet  to  the  place  of  beginning,  the aforementioned  dimensions  more  or less; and being further bounded and described as follows: BEGINNING at an iron pipe of the southerly side of New York State Highway 9P at  the  intersection  of  the  lands  now  of formerly  of  Ernst and one Walbridge and runs thence along said highway S. 64 degrees 25' E. 72.4 feet to  a  concrete  state  monument;  thence still  along  the said highway S. 35 degrees 9' E. 135.6 feet to an iron pipe on the westerly side of a Right of Way 18 feet  wide  running  from the  beforementioned  highway  to  the  Low Water Mark of Saratoga Lake; thence across the said Right of Way S. 26 degrees E. 21.15 feet  to  the Easterly  side  of the said Right of Way, the place of beginning; thence along the said Right of Way S. 17 degrees 20' W. 171.1 feet to a  point; thence  still along the said Right of Way S. 38 degrees 9' W. to the Low Water Mark of Saratoga Lake; thence along the Low Water Mark of the said lake to an iron pipe on the Westerly side  of  the  said  Highway  which point  is about 435 feet Easterly at right angles from the Easterly side of the beforementioned Right of Way; thence along the said Highway N. 10  degrees 57' W. 653.5 feet to a concrete monument; thence N.  26  degrees 10'  W. 9.85 feet to the place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered  to  be  a single parcel; or  (xvi)  where  such  licensed  wholesaler  or  manufacturer also has an interest in any such premises or  business  constituting  the  overnight lodging and resort facility located wholly within the boundaries of that tract  or  parcel  of land situate in the city of Canandaigua, county of Ontario, beginning at a point in the northerly line of village lot  nine where  it  meets with South Main Street, thence south sixty-nine degrees fifty-four  minutes  west  a  distance  of  nine  hundred  sixteen   and twenty-three hundredths feet to an iron pin; thence in the same course a distance  of  fourteen  feet to an iron pin; thence in the same course a distance of fourteen and four-tenths  feet  to  a  point;  thence  south fifteen  degrees  thirty-eight minutes and forty seconds east a distance of four hundred forty-six and eighty-seven hundredths feet to  a  point; thence south twenty-eight degrees thirty-seven minutes and fifty seconds east  a distance of one hundred thirteen and eighty-four hundredths feet to a point; thence south eighty-five  degrees  and  forty-seven  minutes east  a distance of forty-seven and sixty-one hundredths feet to an iron pin; thence  on  the  same  course  a  distance  of  three  hundred  and sixty-five   feet  to  an  iron  pin;  thence  north  seventeen  degrees twenty-one minutes and ten seconds  east  a  distance  of  four  hundred fifty-seven  and thirty-two hundredths feet to an iron pin; thence north nineteen degrees and thirty minutes west a distance of two  hundred  and forty-eight  feet  to  a  point;  thence  north  sixty-nine  degrees and fifty-four minutes east  a  distance  of  two  hundred  eighty-four  and twenty-six hundredths feet to a point; thence north nineteen degrees and thirty  minutes  west a distance of sixty feet to the point and place of beginning,  provided  that  such  facility  maintains  not   less   than seventy-five rooms and suites for overnight lodging; or   * (xvii) Parcel A   All  that  certain  plot,  piece or parcel of land, situate, lying and being in the borough of Manhattan, city, county and state of  New  York, bounded and described as follows:   Beginning  at a point formed by the intersection of the northerly side of Wall Street and the easterly side of  Pearl  Street;  running  thence northerly  along  the  easterly  side  of  Pearl Street, 76 feet 1 inch; thence easterly on a line forming an angle on its  northerly  side  with the  easterly side of Pearl Street of 85° 33' 30", a distance of 43 feet 1 inch; thence southerly on a line which forms an angle on its  westerly side  with  said last mentioned course of 90° 22', a distance of 1 foot; thence easterly on a line which forms an angle  on  its  southerly  side with  said  last  mentioned  course  of 89° 24', a distance of 18 feet 3 inches, more or less, to a point where it is intersected by a line drawn along the westerly side of the one-story brick extension at the rear  of the  premises  No. 122 Water Street; thence southerly on a line which on its westerly side forms an angle of 86° 43' with  the  preceding  course and along said one-story brick extension, 17 feet 3 inches to the corner of said one-story brick building; thence easterly on a line which on its northerly  side  forms  an angle of 91° 40' with the preceding course, 6 feet 8 1/2 inches to premises now known as No. 120 Water Street;  thence southerly  along a line which on its westerly side forms an angle of 91° 40' with the preceding course, 10 feet 9 inches to the premises  now  or late  of  Tontine Company; thence westerly along said premises on a line which on its northerly side forms an angle of 88° 20' with the preceding course, 20 feet; thence southerly and still along land now  or  late  of Tontine  Company  on a line which on its easterly side forms an angle of  89° 09' with the preceding course, 53 feet 5  inches  to  the  northerly side  of  Wall  Street;  and thence westerly along the northerly side of Wall Street on a line which on its northerly side forms an angle of  88° 08'  with  the  preceding  course, 48 feet 11 1/2 inches to the easterly side of Pearl Street at the point or place of beginning.   Parcel B:   All that certain plot, piece or parcel of  land,  situate,  lying  and being  in  the borough of Manhattan, city, county and state of New York, bounded and described as follows:   Beginning at the corner formed by the intersection  of  the  northerly side  of  Wall  Street  with  the westerly side of Water Street; running thence northerly, along the westerly side of Water Street,  about  fifty feet  nine  inches  to  the premises Number One Hundred and Twenty Water Street; thence westerly, along the southerly side of premises Number One Hundred and Twenty Water Street, about eighty feet seven inches  to  the easterly   side  of  premises  Number  Eighty-Two  Wall  Street,  thence northerly, along the easterly side of premises  Number  Eighty-Two  Wall Street,  to  a  point  where it is intersected by a line drawn along the northerly face of the northerly wall  of  the  four-story  and  basement brick  building  formerly  erected  thereon;  thence westerly, along the northerly side of said northerly wall, about twenty feet to the westerly side of said premises Number Eighty-Two Wall Street;  thence  southerly, along  the westerly side of said premises Number Eighty-Two Wall Street, about fifty-three feet six inches to the northerly side of Wall  Street; and  thence  easterly  along  the  northerly side of Wall Street, to the point or place of beginning.   Provided,  however,  that  with  respect  to  such  retail  licensee's interest  in  a business engaged in the manufacture or sale at wholesale of alcoholic beverages described in subdivision  one-a  of  section  one hundred  one  of this article: (i) such interest must have been acquired prior to the effective date of the chapter of the laws of  two  thousand twenty-one  which added this subparagraph; (ii) such retail licensee may not purchase alcoholic beverages directly from any such manufacturer  or wholesaler;  and (iii) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for  sale on the premises may be produced by any such manufacturer.   * NB Repealed upon certain provisions (see chapter 299 of 2021 § 2)  (a-1)  The  provisions  of paragraph (a) of this subdivision shall not apply to the holder of a retail on-premises consumption  license  issued for  a  premises  located  in the borough of Manhattan, city, county and state of New York, bounded and described  as  follows:  Beginning  at  a point  on  the  northerly side of 52nd Street, distant 375 feet westerly from the northwesterly corner of 52nd Street and Fifth  Avenue;  running thence  northerly parallel with Fifth Avenue and part of the way through a party wall, 75 feet  5  inches;  thence  westerly  parallel  with  the northerly  side  of  52nd Street, 11 feet 2-3/4 inches; thence northerly parallel with Fifth Avenue, 25 feet to the center  line  of  the  block; thence  easterly  along  said  center  line  of the block, 71 feet 2-3/4 inches; thence southerly parallel with Fifth Avenue and part of the  way through  a  party  wall, 100 feet 5 inches to the northerly side of 52nd Street; thence westerly along the northerly side of 52nd Street, 60 feet to the point or place of beginning. Provided, however, that with respect to such  retail  licensee's  interest  in  a  business  engaged  in  the manufacture  or  sale  at  wholesale of alcoholic beverages described in subdivision 1-a of  section  one  hundred  one  of  this  article:  such interest  must  have  been  acquired  prior to the effective date of the chapter of the laws of two thousand nineteen which added this paragraph; (ii) such retail licensee may not purchase alcoholic beverages  directly  from any such manufacturer or wholesaler; and (iii) no more than fifteen percent  of  the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may  be  produced  by  any such manufacturer.  (b)  Any  lien,  mortgage or other interest or estate now held by said retail licensee  on  or  in  the  personal  or  real  property  of  such manufacturer or wholesaler, which mortgage, lien, interest or estate was acquired   on   or   before   December  thirty-first,  nineteen  hundred thirty-two,  shall  not  be  included  within  the  provisions  of  this subdivision;  provided,  however, the burden of establishing the time of the accrual of the interest, comprehended by this subdivision  shall  be upon  the  person  who  claims  to  be  entitled  to  the protection and exemption afforded hereby.   14. No retail licensee for on-premises consumption shall make or cause to be made any loan to any person engaged in the manufacture or sale  of liquors, wines or beer at wholesale.   15. All retail licensed premises shall be subject to inspection by any peace  officer,  acting pursuant to his or her special duties, or police officer and  by  the  duly  authorized  representatives  of  the  liquor authority,  during  the  hours  when  the said premises are open for the transaction of business.   17. Notwithstanding any other provision of law, a retail licensee  for on-premises  consumption  that  is  a  person or corporation operating a hotel shall be permitted to sell liquors, beer, and/or wines  through  a mechanical device or vending machine placed in the lodger's rooms and to which  access  to  such  device  or  machine is restricted by means of a locking device which requires the use of a key, magnetic card or similar device provided, however, that no such key, card or similar device shall be provided to any person under the age of twenty-one or to  any  person who is visibly intoxicated.