Eliminates the two year restriction on temporary retail permits for applications subject to the 500 foot law; provides that a temporary retail permit may not be issued in a city with a population of one million or more people if a retail license at the location was canceled, suspended or revoked by the authority for two consecutive licensees at such location.
STATE OF NEW YORK
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8203
IN SENATE
January 12, 2024
___________
Introduced by Sen. RAMOS -- 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
expanding the availability of temporary retail permits by eliminating
the two year restriction on temporary retail permits for applications
subject to the 500 foot law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 97-a of the alcoholic beverage
2 control law, as amended by chapter 106 of the laws of 2022, is amended
3 to read as follows:
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 or seventy-nine of this chapter; a
7 temporary retail permit under paragraph (b) of subdivision one of this
8 section shall not be issued for a premises subject to the provisions of
9 paragraph (b) of subdivision seven of section sixty-four, subparagraph
10 (ii) of paragraph (a) of subdivision seven of section sixty-four-a,
11 subparagraph (ii) of paragraph (a) of subdivision eleven of section
12 sixty-four-c, or paragraph (b) of subdivision eight of section sixty-
13 four-d, unless and until a recommendation that there be a finding of
14 public interest has been made by an administrative law judge pursuant to
15 paragraph (f) of subdivision seven of section sixty-four, paragraph (d)
16 of subdivision seven of section sixty-four-a, paragraph (c) of subdivi-
17 sion five of section sixty-four-b, paragraph (c) of subdivision eleven
18 of section sixty-four-c, or paragraph (e) of subdivision eight of
19 section sixty-four-d of this chapter. Provided however, any premises
20 granted a temporary retail permit pursuant to this subdivision in a city
21 with a population of one million or more people shall only be allowed to
22 operate on the premises under the following conditions: [an active
23 retail license shall have existed at the location within the past two
24 years, and such license shall not have been canceled, suspended, or
25 revoked by the authority within the past two years;] the closing time
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13702-03-4
S. 8203 2
1 any day of the week shall be no later than midnight; provided however
2 that the closing time of any outdoor space shall be no later than ten
3 o'clock post-meridian Sunday through Thursday and eleven o'clock post-
4 meridian Friday and Saturday; no outdoor music; indoors shall have
5 recorded background music only, with no live music, DJ's, karaoke, or
6 similar forms of music; and no dancing. The authority shall automat-
7 ically lift such restrictions if the authority issues a retail license
8 for the premises, and replace such restrictions with other restrictions,
9 if any, imposed by the authority in accordance with the public interest
10 standard. Further provided however, a temporary retail permit may not
11 be issued pursuant to this subdivision in a city with a population of
12 one million or more people if a retail license at the location was
13 canceled, suspended or revoked by the authority for two consecutive
14 licensees at such location. The foregoing restriction on the issuance of
15 a temporary retail permit pursuant to this subdivision in a city with a
16 population of one million or more people if a retail license at the
17 location was canceled, suspended or revoked by the authority for two
18 consecutive licensees at such location shall not apply to any location
19 at which an active retail license shall have existed subsequent to a
20 prior retail license being canceled, suspended or revoked by the author-
21 ity for two consecutive licensees at such location, so long as such
22 subsequent retail license was not canceled, suspended or revoked in the
23 past five years.
24 § 2. This act shall take effect immediately.
