STATE OF NEW YORK
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582
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
temporary retail permits; and to repeal certain provisions of such law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 97-a of the alcoholic beverage control law is
2 REPEALED and a new section 97-a is added to read as follows:
3 § 97-a. Temporary retail permit. 1. The authority is hereby authorized
4 to issue a temporary retail permit:
5 (a) to the transferee of a retail license to continue the operations
6 of a retail premises during the period that the transfer application for
7 the license from person to person at the same premises is pending; or
8 (b) to the applicant for a new retail license where the prospective
9 licensed premises is located in a municipality with a population of less
10 than one million during the period that the application is pending.
11 2. Such a permit may be issued if all of the following conditions are
12 met:
13 (a) the applicant for the temporary permit shall have filed with the
14 authority an application for a retail license at such premises, together
15 with all required filing and license fees;
16 (b) the applicant shall have filed with the authority an application
17 for a temporary retail permit, accompanied by a nonrefundable filing fee
18 of one hundred twenty-eight dollars for all retail beer licenses or six
19 hundred forty dollars for all other retail licenses;
20 (c) in the case of a transfer application, the premises shall have
21 been operated under a retail license within thirty days of the date of
22 filing the application for a temporary permit; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02102-01-3
S. 582 2
1 (d) at the time the permit is issued the current license, if any, in
2 effect for said premises shall have been surrendered to, placed into
3 safekeeping with, or otherwise deemed abandoned by the authority.
4 3. A temporary retail permit under paragraph (b) of subdivision one of
5 this section may not be issued for any premises that is subject to the
6 provisions of section sixty-three, paragraph (b) of subdivision seven of
7 section sixty-four, subparagraph (ii) of paragraph (a) of subdivision
8 seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of
9 subdivision eleven of section sixty-four-c, paragraph (b) of subdivision
10 eight of section sixty-four-d, or section seventy-nine of this chapter.
11 4. A temporary retail permit issued by the authority pursuant to this
12 section shall be for a period not to exceed ninety days. A temporary
13 permit may be extended at the discretion of the authority, for an addi-
14 tional thirty day period upon payment of an additional fee of sixty-four
15 dollars for all retail beer licenses and ninety-six dollars for all
16 other temporary permits and upon compliance with all conditions required
17 in this section. The authority may, in its discretion, issue additional
18 thirty day extensions upon payment of the appropriate fee.
19 5. A temporary retail permit is a conditional permit and authorizes
20 the holder thereof:
21 (a) in the case of a transfer application to purchase and sell such
22 alcoholic beverages as would be permitted to be purchased and sold under
23 the privileges of the retail license for which the transfer application
24 has been filed;
25 (b) in the case of all other retail applications, to purchase and sell
26 such alcoholic beverages as would be permitted to be purchased and sold
27 under the privileges of the license applied for; and
28 (c) to sell such alcoholic beverages to consumers only and not for
29 resale.
30 6. The holder of a temporary retail permit shall purchase alcoholic
31 beverages only by payment in currency or check for such alcoholic bever-
32 ages on or before the day such alcoholic beverages are delivered,
33 provided, however, that the holder of a temporary permit issued pursuant
34 to this section who also holds one or more retail licenses and is oper-
35 ating under such retail license or licenses in addition to the temporary
36 retail permit, and who is not delinquent under the provisions of section
37 one hundred one-aa of this chapter as to any retail license under which
38 he or she operates, may purchase alcoholic beverages on credit under the
39 temporary permit.
40 7. Notwithstanding any other provision of law, a temporary retail
41 permit may be summarily cancelled or suspended at any time if the
42 authority determines that good cause for such cancellation or suspension
43 exists. The authority shall promptly notify the holder of a temporary
44 retail permit in writing of such cancellation or suspension and shall
45 set forth the reasons for such action.
46 8. The application for a temporary permit shall be on such form as the
47 authority shall prescribe.
48 9. Approval of, or extension of, a temporary retail permit shall not
49 be deemed as an approval of the retail application.
50 10. Notwithstanding any inconsistent provision of law to the contrary,
51 the authority may promulgate such rules and regulations as may be neces-
52 sary to carry out the provisions of this section.
53 § 2. This act shall take effect immediately.
