STATE OF NEW YORK
________________________________________________________________________
3883
2009-2010 Regular Sessions
IN SENATE
April 2, 2009
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Introduced by Sens. C. JOHNSON, DIAZ, DILAN, SAVINO -- (at request of
the State Liquor Authority) -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to
changing the types of applicants eligible for a temporary retail
permit
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, as
2 added by chapter 366 of the laws of 1991, paragraph d of subdivision 1
3 and subdivision 2 as amended by section 20 of part Z of chapter 85 of
4 the laws of 2002, is amended to read as follows:
5 § 97-a. Temporary retail permit. 1. The liquor authority is hereby
6 authorized to issue a temporary retail permit to the [transferee of]
7 applicant for a retail license [to continue the operation of a retail
8 premises during the period a transfer application for the license from
9 person to person at the same premises] during the period the application
10 is pending and when all the following conditions exist:
11 (a) The [premises shall have been operated under a retail license
12 within thirty days of the date of filing the application for a temporary
13 permit] applicant has fully complied with the provisions of section one
14 hundred ten of this chapter;
15 (b) [The] At the time the permit is issued, any existing retail
16 license for said premises shall have been surrendered to, or placed into
17 safekeeping [pursuant to rules of the authority] with, the authority or
18 otherwise deemed abandoned by the authority;
19 (c) The applicant for the temporary permit shall have filed with the
20 authority an application for [transfer of] the retail license at such
21 premises; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08603-01-9
S. 3883 2
1 (d) The application for the temporary permit shall be accompanied by a
2 nonrefundable temporary permit filing fee of one hundred twenty-eight
3 dollars for all retail beer licenses; all other temporary permit appli-
4 cations shall be accompanied by a filing fee of six hundred forty
5 dollars.
6 2. No such permit shall be issued to an applicant for a license
7 issued pursuant to section sixty-three or section seventy-nine of this
8 chapter unless the premises has been open and operating under a license
9 issued pursuant to the same section of this chapter as that being sought
10 by the applicant within thirty days of the filing of the application.
11 3. No such permit shall be issued to an applicant for the license that
12 is subject to the provisions of subdivision seven of section sixty-four,
13 subdivision seven of section sixty-four-a, subdivision eleven of section
14 sixty-four-c, or subdivision eight of section sixty-four-d of this chap-
15 ter unless the premises has been open and operating under a license
16 issued pursuant to the same section of this chapter as that being sought
17 by the applicant at the time the permit is issued.
18 4. A temporary permit issued by the authority pursuant to this section
19 shall be for a period not to exceed ninety days. A temporary permit may
20 be extended at the discretion of the authority, for an additional thirty
21 day period upon payment of an additional fee of sixty-four dollars for
22 all retail beer licenses and ninety-six dollars for all other temporary
23 permits and upon compliance with all conditions required herein. The
24 authority may, in its discretion, issued multiple thirty day extensions.
25 5. A temporary retail permit is a conditional permit and authorizes
26 the holder thereof to purchase and sell such alcoholic beverages as
27 would be permitted to be purchased and sold under the privileges of the
28 retail license for [which transfer] the application which has been
29 filed; to sell such alcoholic beverages to consumers only and not for
30 resale; and to purchase such alcoholic beverages only by payment in
31 currency or check for such alcoholic beverages on or before they are
32 delivered to the premises.
33 [3.] 6. Provided, however, that the holder of a temporary permit
34 pursuant to this section who also holds one or more retail licenses and
35 is operating under such retail license or licenses in addition to the
36 temporary permit, and who is not delinquent [under the provisions of
37 section one hundred one-a of this chapter] as to any retail license
38 under which he operates, may purchase alcoholic beverages on credit
39 under the temporary permit.
40 [4.] 7. Notwithstanding any other provision of law, a temporary permit
41 may be summarily cancelled or suspended at any time if the authority
42 determines that good cause for such cancellation or suspension exists.
43 The authority shall promptly notify the holder of a temporary permit in
44 writing of such cancellation or suspension and shall set forth the
45 reasons for such action.
46 [5.] 8. Application for a temporary permit shall be on such form as
47 the authority shall prescribe.
48 [6.] 9. Notwithstanding any inconsistent provision of law to the
49 contrary, the authority may promulgate such rules and regulations as may
50 be necessary to carry out the provisions of this section.
51 § 2. This act shall take effect on the one hundred eightieth day
52 after it shall have become a law.
