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S06256 Summary:

S06256 Actions:

S06256 Committee Votes:

S06256 Floor Votes:

S06256 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6256--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 19, 2021
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment  and  Small  Business  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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     2  REPEALED.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. Subdivision 1-b of section 83 of the alcoholic  beverage  control
     4  law is REPEALED.
     5    §  3.  The  alcoholic  beverage control law is amended by adding a new
     6  section 97-c to read as follows:
     7    § 97-c. Temporary manufacturing permit. 1. Any person may apply to the
     8  liquor authority for a temporary permit to operate any alcoholic  bever-
     9  age  manufacturing  facility as may be licensed under this chapter. Such
    10  application shall be in writing and verified and shall contain  informa-
    11  tion  as  the  liquor authority shall require. Such application shall be
    12  accompanied by a check or draft in the amount of one hundred twenty-five
    13  dollars for such permit.
    14    2. Upon application, the liquor authority  may  issue  such  temporary
    15  permit when:
    16    (a)  the applicant has a manufacturing license application at the same
    17  premises pending before the liquor authority, together with all required
    18  filing and license fees; and
    19    (b) the applicant has obtained and provided evidence of  all  permits,
    20  licenses and other documents necessary for the operation of such a busi-
    21  ness; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10592-03-1
        S. 6256--A                          2
 
     1    (c) any current license in effect at the premises has been surrendered
     2  or placed in safekeeping, or has been deemed abandoned by the authority.
     3    3. The liquor authority in granting such permit shall ensure that:
     4    (a)  issuance of the permit will not inordinately hinder the operation
     5  or effective administration of this chapter; and
     6    (b) the applicant would in all likelihood be able to ultimately obtain
     7  the manufacturing license being applied for; and
     8    (c) the applicant has substantially  complied  with  the  requirements
     9  necessary to obtain such license.
    10    4.  The  application  for  a permit shall be approved or denied by the
    11  liquor authority within forty-five days after the receipt of such appli-
    12  cation.
    13    5. A temporary permit shall authorize the permittee to operate a manu-
    14  facturing facility for the manufacture and sale of  alcoholic  beverages
    15  according  to  the  laws applicable to the type of manufacturing license
    16  being applied for.
    17    6. Such temporary permit shall remain in  effect  for  six  months  or
    18  until  the  manufacturing  license being applied for is approved and the
    19  license granted, whichever is shorter. Such permit may  be  extended  at
    20  the  discretion of the liquor authority for additional three-month peri-
    21  ods of time upon payment of an additional fee of fifty dollars for  each
    22  such extension.
    23    7.  Notwithstanding  any provision of law to the contrary, a temporary
    24  permit may be summarily cancelled or suspended at any time if the liquor
    25  authority determines that good  cause  for  cancellation  or  suspension
    26  exists.  The  liquor  authority  shall  promptly notify the permittee in
    27  writing of such cancellation or  suspension  and  shall  set  forth  the
    28  reasons for such action.
    29    8. The liquor authority in reviewing such application shall review the
    30  entire record and grant the temporary permit unless good cause is other-
    31  wise  shown.  A decision on an application shall be based on substantial
    32  evidence in the record and supported by a preponderance of the  evidence
    33  in favor of the applicant.
    34    §  4.  This  act shall take effect on the ninetieth day after it shall
    35  have become a law; provided, however, that upon effect, any valid permit
    36  issued under section 76-b of the alcoholic beverage  control  law  shall
    37  remain in effect according to the terms of section 76-b of the alcoholic
    38  beverage  control  law  as  if  such  section had not been repealed, and
    39  provided further, any application duly submitted prior to the  effective
    40  date  of  this  act and not yet acted upon shall be processed as if such
    41  section had not been repealed, and if such application is approved,  any
    42  permit  issued  shall remain in effect according to the terms of section
    43  76-b of the alcoholic beverage control law as if such  section  had  not
    44  been repealed.