S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8699
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   issuance of temporary retail permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (c) and (d) of subdivision 1 of section 110-b of
 the alcoholic beverage control law, as added by chapter 560 of the  laws
 of  2011,  are  amended  and  a  new  paragraph  (e) is added to read as
 follows:
   (c) for approval of an alteration under section ninety-nine-d of  this
 chapter  if  the  premises  is  located  within the city of New York and
 licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
 sixty-four-a,  sixty-four-c, sixty-four-d, eighty-one or eighty-one-a of
 this chapter; [or]
   (d) for approval of a substantial corporate change under section nine-
 ty-nine-d of this chapter if the premises is located within the city  of
 New  York  and  licensed  pursuant  to section fifty-five, fifty-five-a,
 sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
 eighty-one-a of this chapter[.]; OR
   (E) FOR A TEMPORARY RETAIL PERMIT ISSUED UNDER PARAGRAPH (B) OF SUBDI-
 VISION  ONE  OF  SECTION NINETY-SEVEN-A OF THIS CHAPTER WHERE THE ESTAB-
 LISHMENT IS TO BE LICENSED PURSUANT TO SECTION FIFTY-FIVE, FIFTY-FIVE-A,
 SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,   SIXTY-FOUR-D,
 EIGHTY-ONE  OR  EIGHTY-ONE-A  OF  THIS  CHAPTER LOCATED IN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE PEOPLE. IF  AN  APPLICANT  SUBJECT  TO
 THIS  PARAGRAPH  SHALL, AFTER FILING AN APPLICATION FOR A RETAIL LICENSE
 AND PROVIDING PROPER NOTICE FOR SUCH APPLICATION PURSUANT  TO  PARAGRAPH
 (A)  OF  THIS SUBDIVISION, SUBSEQUENTLY FILE AN APPLICATION FOR A TEMPO-
 RARY RETAIL PERMIT PURSUANT TO SECTION NINETY-SEVEN-A OF THIS CHAPTER AT
 THE SAME PREMISES, SUCH APPLICANT MUST FILE ADDITIONAL  NOTICE  PURSUANT
 TO  THIS  PARAGRAPH; PROVIDED, HOWEVER, SUCH NOTICE WILL BE EFFECTIVE AT
 THE LATER OF ITS PROPER SERVICE UNDER THIS SECTION OR THIRTY  DAYS  FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03760-04-2
              

 A. 8699                             2
 
 THE  DATE  PROPER NOTICE WAS SERVED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION FOR THE LICENSE AT THE SAME PREMISES.
   §  2.  Subdivision 3 of section 97-a of the alcoholic beverage control
 law, as added by chapter 396 of the laws of 2010, is amended to read  as
 follows:
   3. A temporary retail permit under paragraph (b) of subdivision one of
 this  section  may not be issued for any premises that is subject to the
 provisions of section sixty-three[,] OR SEVENTY-NINE OF THIS CHAPTER;  A
 TEMPORARY  RETAIL  PERMIT UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION SHALL NOT BE ISSUED FOR A PREMISES SUBJECT TO THE PROVISIONS  OF
 paragraph  (b)  of subdivision seven of section sixty-four, subparagraph
 (ii) of paragraph (a) of  subdivision  seven  of  section  sixty-four-a,
 subparagraph  (ii)  of  paragraph  (a)  of subdivision eleven of section
 sixty-four-c, OR paragraph (b) of subdivision eight  of  section  sixty-
 four-d,  [or  section  seventy-nine  of this chapter] UNLESS AND UNTIL A
 RECOMMENDATION THAT THERE BE A FINDING OF PUBLIC INTEREST HAS BEEN  MADE
 BY  AN ADMINISTRATIVE LAW JUDGE PURSUANT TO PARAGRAPH (F) OF SUBDIVISION
 SEVEN OF SECTION SIXTY-FOUR,  PARAGRAPH  (D)  OF  SUBDIVISION  SEVEN  OF
 SECTION  SIXTY-FOUR-A,  PARAGRAPH  (C)  OF  SUBDIVISION  FIVE OF SECTION
 SIXTY-FOUR-B,  PARAGRAPH  (C)   OF   SUBDIVISION   ELEVEN   OF   SECTION
 SIXTY-FOUR-C,  OR  PARAGRAPH  (E) OF SUBDIVISION EIGHT OF SECTION SIXTY-
 FOUR-D OF THIS CHAPTER. PROVIDED HOWEVER, ANY PREMISES GRANTED A  TEMPO-
 RARY  RETAIL  PERMIT PURSUANT TO THIS SUBDIVISION IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE PEOPLE SHALL ONLY BE ALLOWED TO OPERATE ON
 THE PREMISES UNDER THE FOLLOWING CONDITIONS: AN  ACTIVE  RETAIL  LICENSE
 SHALL  HAVE  EXISTED AT THE LOCATION WITHIN THE PAST TWO YEARS, AND SUCH
 LICENSE SHALL NOT HAVE BEEN  CANCELED,  SUSPENDED,  OR  REVOKED  BY  THE
 AUTHORITY  WITHIN  THE  PAST  TWO YEARS; THE CLOSING TIME ANY DAY OF THE
 WEEK SHALL BE NO LATER THAN MIDNIGHT; PROVIDED HOWEVER THAT THE  CLOSING
 TIME  OF ANY OUTDOOR SPACE SHALL BE NO LATER THAN TEN O'CLOCK POST-MERI-
 DIAN SUNDAY THROUGH THURSDAY AND ELEVEN O'CLOCK POST-MERIDIAN FRIDAY AND
 SATURDAY; NO OUTDOOR MUSIC; INDOORS SHALL HAVE RECORDED BACKGROUND MUSIC
 ONLY, WITH NO LIVE MUSIC, DJ'S, KARAOKE, OR SIMILAR FORMS OF MUSIC;  AND
 NO  DANCING. THE AUTHORITY SHALL AUTOMATICALLY LIFT SUCH RESTRICTIONS IF
 THE AUTHORITY ISSUES A RETAIL LICENSE FOR THE PREMISES, AND REPLACE SUCH
 RESTRICTIONS WITH OTHER RESTRICTIONS, IF ANY, IMPOSED BY  THE  AUTHORITY
 IN ACCORDANCE WITH THE PUBLIC INTEREST STANDARD.
   §  3. Section 97-a of the alcoholic beverage control law is amended by
 adding a new subdivision 3-a to read as follows:
   3-A. A NOTICE FOR A PUBLIC HEARING PURSUANT TO PARAGRAPH (F) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-FOUR, PARAGRAPH (D) OF  SUBDIVISION  SEVEN
 OF  SECTION  SIXTY-FOUR-A,  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION
 SIXTY-FOUR-B,  PARAGRAPH  (C)   OF   SUBDIVISION   ELEVEN   OF   SECTION
 SIXTY-FOUR-C,  OR  PARAGRAPH  (E) OF SUBDIVISION EIGHT OF SECTION SIXTY-
 FOUR-D OF THIS CHAPTER SHALL ALSO INCLUDE NOTIFICATION THAT A  TEMPORARY
 RETAIL  PERMIT  MAY  BE  ISSUED TO THE PREMISES BY THE AUTHORITY AFTER A
 RECOMMENDATION THAT THERE BE A FINDING OF PUBLIC INTEREST HAS BEEN  MADE
 IN PROCEEDINGS CONDUCTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021 amending the alcoholic  beverage
 control  law  relating to authorizing the issuance of a temporary retail
 permit by the state liquor authority to licensees located in  a  munici-
 pality  having  a population of one million or more persons, as proposed
 in legislative bills numbers S. 2743 and A. 3909, takes effect.