New York State Assembly

 
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A08025 Summary:

A08025 Actions:

A08025 Committee Votes:

Committee:ECONOMIC DEVELOPMENT   Chair:Schimminger      
DATE:06/04/2019AYE/NAY:23/1  Action: Favorable refer to committee Codes        
Schimminger
Aye
Friend
Aye
Gantt
Excused
Crouch
Aye
Cahill
Aye
Giglio
Aye
Magnarelli
Aye
Lalor
Aye
Lupardo
Aye
Stec
Aye
Bronson
Aye
Morinello
Aye
Stirpe
Aye
Smullen
Aye
Davila
Aye
Bichotte
Excused
Jean-Pierre
Aye
Barron
Nay
Hyndman
Aye
Jones
Aye
Vanel
Aye
Stern
Aye
Buttenschon
Aye
Cruz
Aye
Raynor
Aye
Griffin
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/11/2019AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Absent
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:CODES   Chair:Lentol      
DATE:06/11/2019AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Benedetto
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
De La Rosa
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Excused
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Excused
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A08025 Floor Votes:

A08025 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8025
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 30, 2019
                                       ___________
 
        Introduced  by  M.  of A. BUTTENSCHON -- (at request of the State Liquor
          Authority) -- read once and referred  to  the  Committee  on  Economic
          Development
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          temporary manufacturing 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 76-b of  the  alcoholic  beverage  control  law  is
     2  REPEALED.
     3    §  2.  The  alcoholic  beverage control law is amended by adding a new
     4  section 97-b to read as follows:
     5    § 97-b. Temporary manufacturing permit. 1. Any person may apply to the
     6  liquor authority for a temporary permit to operate any alcoholic  bever-
     7  age  manufacturing facility as may be licensed under this chapter.  Such
     8  application shall be in writing and verified and shall contain  informa-
     9  tion  as  the  liquor authority shall require. Such application shall be
    10  accompanied by a check or draft in the amount of one hundred twenty-five
    11  dollars for such permit.
    12    2. Upon application, the liquor authority  may  issue  such  temporary
    13  permit when:
    14    (a)  the applicant has a manufacturing license application at the same
    15  premises pending before the liquor authority, together with all required
    16  filing and license fees;
    17    (b) the applicant has obtained and provided evidence of  all  permits,
    18  licenses and other documents necessary for the operation of such a busi-
    19  ness; and
    20    (c) any current license in effect at the premises has been surrendered
    21  or placed in safekeeping, or has been deemed abandoned by the authority.
    22    3. The liquor authority in granting such permit shall ensure that:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09257-01-9
        A. 8025                             2
 
     1    (a)  issuance of the permit will not inordinately hinder the operation
     2  or effective administration of this chapter;
     3    (b) the applicant would in all likelihood be able to ultimately obtain
     4  the manufacturing license being applied for; and
     5    (c)  the  applicant  has  substantially complied with the requirements
     6  necessary to obtain such license.
     7    4. The application for such permit shall be approved or denied by  the
     8  liquor authority within forty-five days after the receipt of such appli-
     9  cation.
    10    5. A temporary permit shall authorize the permittee to operate a manu-
    11  facturing  facility  for the manufacture and sale of alcoholic beverages
    12  according to the laws applicable to the type  of  manufacturing  license
    13  being applied for.
    14    6.  Such  temporary  permit  shall  remain in effect for six months or
    15  until the manufacturing license being applied for is  approved  and  the
    16  license  granted,  whichever  is shorter. Such permit may be extended at
    17  the discretion of the liquor authority for additional three-month  peri-
    18  ods  of time upon payment of an additional fee of fifty dollars for each
    19  such extension.
    20    7. Notwithstanding any provision of law to the contrary,  a  temporary
    21  permit may be summarily cancelled or suspended at any time if the liquor
    22  authority  determines  that  good  cause  for cancellation or suspension
    23  exists. The liquor authority shall  promptly  notify  the  permittee  in
    24  writing  of  such cancellation or suspension and shall set forth reasons
    25  for such action.
    26    8. The liquor authority in reviewing such application shall review the
    27  entire record and grant the temporary permit unless good cause is other-
    28  wise shown. A decision on an application shall be based  on  substantial
    29  evidence  in the record and supported by a preponderance of the evidence
    30  in favor of the applicant.
    31    § 3. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law; provided, however, that upon effect, any valid permit
    33  issued  under  section  76-b of the alcoholic beverage control law shall
    34  remain in effect according to the terms of section 76-b of the alcoholic
    35  beverage control law as if such  section  had  not  been  repealed,  and
    36  provided  further, any application duly submitted prior to the effective
    37  date of this act and not yet acted upon shall be processed  as  if  such
    38  section  had not been repealed, and if such application is approved, any
    39  permit issued shall remain in effect according to the terms  of  section
    40  76-b  of  the  alcoholic beverage control law as if such section had not
    41  been repealed.