S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9227--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 4, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry
  -- recommitted to the Committee on Economic Development, Job Creation,
  Commerce and Industry in accordance with Assembly Rule 3,  sec.  2  --
  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
  liquidator's  permits  and  temporary  retail  permits;  and to repeal
  section 97-a of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 17 of the alcoholic beverage control law is amended
by adding a new subdivision 8-b to read as follows:
  8-B.  ON  AND  AFTER  JANUARY  FIRST,  TWO THOUSAND ELEVEN, THE REPORT
PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION SHALL INCLUDE INFORMA-
TION RELATED TO THE NUMBER OF LICENSES APPLIED FOR  AND  THE  LENGTH  OF
TIME  REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE APPLIED
FOR  PURSUANT  TO  SUBDIVISION  TWO-C  OF  SECTION  SIXTY-ONE,   SECTION
SIXTY-FOUR,  SECTION  SEVENTY-SIX, SECTION SEVENTY-SIX-A, SECTION SEVEN-
TY-SIX-C, SECTION SEVENTY-SIX-D, AND SECTION SEVENTY-SIX-F OF THIS CHAP-
TER.
  S 2. Section  97-a of the alcoholic beverage control law  is  REPEALED
and a new section 97-a is added to read as follows:
  S 97-A. TEMPORARY RETAIL PERMIT. 1. THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A TEMPORARY RETAIL PERMIT:
  (A)  TO  THE TRANSFEREE OF A RETAIL LICENSE TO CONTINUE THE OPERATIONS
OF A RETAIL PREMISES DURING THE PERIOD THAT THE TRANSFER APPLICATION FOR
THE LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR
  (B) TO THE APPLICANT FOR A NEW RETAIL LICENSE  WHERE  THE  PROSPECTIVE
LICENSED PREMISES IS LOCATED IN A MUNICIPALITY WITH A POPULATION OF LESS
THAN ONE MILLION DURING THE PERIOD THAT THE APPLICATION IS PENDING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14856-03-0
              

A. 9227--A                          2

  2.  SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS ARE
MET:
  (A)  THE  APPLICANT FOR THE TEMPORARY PERMIT SHALL HAVE FILED WITH THE
AUTHORITY AN APPLICATION FOR A RETAIL LICENSE AT SUCH PREMISES, TOGETHER
WITH ALL REQUIRED FILING AND LICENSE FEES;
  (B) THE APPLICANT SHALL HAVE FILED WITH THE AUTHORITY  AN  APPLICATION
FOR A TEMPORARY RETAIL PERMIT, ACCOMPANIED BY A NONREFUNDABLE FILING FEE
OF  ONE HUNDRED TWENTY-EIGHT DOLLARS FOR ALL RETAIL BEER LICENSES OR SIX
HUNDRED FORTY DOLLARS FOR ALL OTHER RETAIL LICENSES;
  (C) IN THE CASE OF A TRANSFER APPLICATION,  THE  PREMISES  SHALL  HAVE
BEEN  OPERATED  UNDER A RETAIL LICENSE WITHIN THIRTY DAYS OF THE DATE OF
FILING THE APPLICATION FOR A TEMPORARY PERMIT;
  (D)  AT THE TIME THE PERMIT IS ISSUED THE CURRENT LICENSE, IF ANY,  IN
EFFECT  FOR  SAID  PREMISES  SHALL HAVE BEEN SURRENDERED TO, PLACED INTO
SAFEKEEPING WITH, OR OTHERWISE DEEMED ABANDONED BY THE AUTHORITY;
  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, 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, PARAGRAPH (B) OF SUBDIVISION
EIGHT OF SECTION SIXTY-FOUR-D, OR SECTION SEVENTY-NINE OF THIS CHAPTER.
  4.  A TEMPORARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO THIS
SECTION SHALL BE FOR A PERIOD NOT TO EXCEED  NINETY  DAYS.  A  TEMPORARY
PERMIT  MAY BE EXTENDED AT THE DISCRETION OF THE AUTHORITY, FOR AN ADDI-
TIONAL THIRTY DAY PERIOD UPON PAYMENT OF AN ADDITIONAL FEE OF SIXTY-FOUR
DOLLARS FOR ALL RETAIL BEER LICENSES  AND  NINETY-SIX  DOLLARS  FOR  ALL
OTHER TEMPORARY PERMITS AND UPON COMPLIANCE WITH ALL CONDITIONS REQUIRED
IN  THIS SECTION. THE AUTHORITY MAY, IN ITS DISCRETION, ISSUE ADDITIONAL
THIRTY DAY EXTENSIONS UPON PAYMENT OF THE APPROPRIATE FEE.
  5. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL  PERMIT  AND  AUTHORIZES
THE HOLDER THEREOF:
  (A)  IN  THE  CASE OF A TRANSFER APPLICATION TO PURCHASE AND SELL SUCH
ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND SOLD UNDER
THE PRIVILEGES OF THE RETAIL LICENSE FOR WHICH THE TRANSFER  APPLICATION
HAS BEEN FILED;
  (B) IN THE CASE OF ALL OTHER RETAIL APPLICATIONS, TO PURCHASE AND SELL
SUCH  ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND SOLD
UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; AND
  (C) TO SELL SUCH ALCOHOLIC BEVERAGES TO CONSUMERS  ONLY  AND  NOT  FOR
RESALE.
  6.  THE  HOLDER  OF A TEMPORARY RETAIL PERMIT SHALL PURCHASE ALCOHOLIC
BEVERAGES ONLY BY PAYMENT IN CURRENCY OR CHECK FOR SUCH ALCOHOLIC BEVER-
AGES ON OR BEFORE  THE  DAY  SUCH  ALCOHOLIC  BEVERAGES  ARE  DELIVERED,
PROVIDED, HOWEVER, THAT THE HOLDER OF A TEMPORARY PERMIT ISSUED PURSUANT
TO  THIS SECTION WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND IS OPER-
ATING UNDER SUCH RETAIL LICENSE OR LICENSES IN ADDITION TO THE TEMPORARY
RETAIL PERMIT, AND WHO IS NOT DELINQUENT UNDER THE PROVISIONS OF SECTION
ONE HUNDRED ONE-AA OF THIS CHAPTER AS TO ANY RETAIL LICENSE UNDER  WHICH
HE OPERATES, MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT UNDER THE TEMPO-
RARY PERMIT.
  7.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, A TEMPORARY RETAIL
PERMIT MAY BE SUMMARILY CANCELLED  OR  SUSPENDED  AT  ANY  TIME  IF  THE
AUTHORITY DETERMINES THAT GOOD CAUSE FOR SUCH CANCELLATION OR SUSPENSION
EXISTS.    THE AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER OF A TEMPORARY

A. 9227--A                          3

RETAIL PERMIT IN WRITING OF SUCH CANCELLATION OR  SUSPENSION  AND  SHALL
SET FORTH THE REASONS FOR SUCH ACTION.
  8. THE APPLICATION FOR A TEMPORARY PERMIT SHALL BE ON SUCH FORM AS THE
AUTHORITY SHALL PRESCRIBE.
  9.  APPROVAL  OF, OR EXTENSION OF, A TEMPORARY RETAIL PERMIT SHALL NOT
BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  S 3. Paragraph f of subdivision 1 of section  99-b  of  the  alcoholic
beverage  control  law,  as added by chapter 486 of the laws of 1941, is
amended to read as follows:
  f. A licensee who is liquidating or selling [his] ITS business,  or  a
former  licensee  whose  license  [was]  HAS  BEEN surrendered, REVOKED,
CANCELLED or HAS expired, to sell [his] ITS entire  stock  of  alcoholic
beverages  to  other  licensees,  PROVIDED, HOWEVER, THAT NO SUCH PERMIT
SHALL BE ISSUED TO A LICENSEE OR FORMER LICENSEE WHO IS DELINQUENT UNDER
THE PROVISIONS OF SECTION ONE HUNDRED  ONE-AA  OR  SECTION  ONE  HUNDRED
ONE-AAA  OF  THIS  CHAPTER.  A  FORMER  LICENSEE  WHOSE LICENSE HAS BEEN
SURRENDERED, REVOKED, CANCELLED, OR HAS EXPIRED, MAY  NOT  TRANSFER  ITS
STOCK  OF ALCOHOLIC BEVERAGES TO ANY OTHER PERSON UNLESS IT OBTAINS SUCH
A PERMIT.
  S 4. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 30-a to read as follows:
  30-A.  "TRANSFER" MEANS THE ADMINISTRATIVE PROCESSES INVOLVED IN ISSU-
ING A LICENSE TO A NEW APPLICANT  FOR  AN  EXISTING  LICENSED  BUSINESS.
TRANSFER  APPLICANTS  SHALL BE UNDER CONTRACT WITH THE EXISTING LICENSEE
FOR PURCHASE OF THE EXISTING LICENSED BUSINESS.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9227--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 4, 2009
                               ___________

Introduced  by M. of A. SCHIMMINGER, SKARTADOS -- read once and referred
  to the Committee on Economic Development, Job Creation,  Commerce  and
  Industry  -- recommitted to the Committee on Economic Development, Job
  Creation, Commerce and Industry in accordance with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee on Codes -- 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
  liquidator's  permits  and temporary retail permits; to repeal section
  97-a of such law relating thereto; and providing  for  the  repeal  of
  certain provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 17 of the alcoholic beverage control law is amended
by adding a new subdivision 8-b to read as follows:
  8-B. ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND  ELEVEN,  THE  REPORT
PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION SHALL INCLUDE INFORMA-
TION  RELATED  TO  THE  NUMBER OF LICENSES APPLIED FOR AND THE LENGTH OF
TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE  APPLIED
FOR   PURSUANT  TO  SUBDIVISION  TWO-C  OF  SECTION  SIXTY-ONE,  SECTION
SIXTY-FOUR, SECTION SEVENTY-SIX, SECTION SEVENTY-SIX-A,  SECTION  SEVEN-
TY-SIX-C, SECTION SEVENTY-SIX-D, AND SECTION SEVENTY-SIX-F OF THIS CHAP-
TER.
  S  2. Section   97-a of the alcoholic beverage control law is REPEALED
and a new section 97-a is added to read as follows:
  S 97-A. TEMPORARY RETAIL PERMIT. 1. THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A TEMPORARY RETAIL PERMIT:
  (A) TO THE TRANSFEREE OF A RETAIL LICENSE TO CONTINUE  THE  OPERATIONS
OF A RETAIL PREMISES DURING THE PERIOD THAT THE TRANSFER APPLICATION FOR
THE LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14856-11-0
              

A. 9227--B                          2

  (B)  TO  THE  APPLICANT FOR A NEW RETAIL LICENSE WHERE THE PROSPECTIVE
LICENSED PREMISES IS LOCATED IN A MUNICIPALITY WITH A POPULATION OF LESS
THAN ONE MILLION DURING THE PERIOD THAT THE APPLICATION IS PENDING.
  2.  SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS ARE
MET:
  (A) THE APPLICANT FOR THE TEMPORARY PERMIT SHALL HAVE FILED  WITH  THE
AUTHORITY AN APPLICATION FOR A RETAIL LICENSE AT SUCH PREMISES, TOGETHER
WITH ALL REQUIRED FILING AND LICENSE FEES;
  (B)  THE  APPLICANT SHALL HAVE FILED WITH THE AUTHORITY AN APPLICATION
FOR A TEMPORARY RETAIL PERMIT, ACCOMPANIED BY A NONREFUNDABLE FILING FEE
OF ONE HUNDRED TWENTY-EIGHT DOLLARS FOR ALL RETAIL BEER LICENSES OR  SIX
HUNDRED FORTY DOLLARS FOR ALL OTHER RETAIL LICENSES;
  (C)  IN  THE  CASE  OF A TRANSFER APPLICATION, THE PREMISES SHALL HAVE
BEEN OPERATED UNDER A RETAIL LICENSE WITHIN THIRTY DAYS OF THE  DATE  OF
FILING THE APPLICATION FOR A TEMPORARY PERMIT;
  (D)   AT THE TIME THE PERMIT IS ISSUED THE CURRENT LICENSE, IF ANY, IN
EFFECT FOR SAID PREMISES SHALL HAVE BEEN  SURRENDERED  TO,  PLACED  INTO
SAFEKEEPING WITH, OR OTHERWISE DEEMED ABANDONED BY THE AUTHORITY.
  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, 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, PARAGRAPH (B) OF SUBDIVISION
EIGHT OF SECTION SIXTY-FOUR-D, OR SECTION SEVENTY-NINE OF THIS CHAPTER.
  4. A TEMPORARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO  THIS
SECTION  SHALL  BE  FOR  A PERIOD NOT TO EXCEED NINETY DAYS. A TEMPORARY
PERMIT MAY BE EXTENDED AT THE DISCRETION OF THE AUTHORITY, FOR AN  ADDI-
TIONAL THIRTY DAY PERIOD UPON PAYMENT OF AN ADDITIONAL FEE OF SIXTY-FOUR
DOLLARS  FOR  ALL  RETAIL  BEER  LICENSES AND NINETY-SIX DOLLARS FOR ALL
OTHER TEMPORARY PERMITS AND UPON COMPLIANCE WITH ALL CONDITIONS REQUIRED
IN THIS SECTION. THE AUTHORITY MAY, IN ITS DISCRETION, ISSUE  ADDITIONAL
THIRTY DAY EXTENSIONS UPON PAYMENT OF THE APPROPRIATE FEE.
  5.  A  TEMPORARY  RETAIL PERMIT IS A CONDITIONAL PERMIT AND AUTHORIZES
THE HOLDER THEREOF:
  (A) IN THE CASE OF A TRANSFER APPLICATION TO PURCHASE  AND  SELL  SUCH
ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND SOLD UNDER
THE  PRIVILEGES OF THE RETAIL LICENSE FOR WHICH THE TRANSFER APPLICATION
HAS BEEN FILED;
  (B) IN THE CASE OF ALL OTHER RETAIL APPLICATIONS, TO PURCHASE AND SELL
SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND  SOLD
UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; AND
  (C)  TO  SELL  SUCH  ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR
RESALE.
  6. THE HOLDER OF A TEMPORARY RETAIL PERMIT  SHALL  PURCHASE  ALCOHOLIC
BEVERAGES ONLY BY PAYMENT IN CURRENCY OR CHECK FOR SUCH ALCOHOLIC BEVER-
AGES  ON  OR  BEFORE  THE  DAY  SUCH  ALCOHOLIC BEVERAGES ARE DELIVERED,
PROVIDED, HOWEVER, THAT THE HOLDER OF A TEMPORARY PERMIT ISSUED PURSUANT
TO THIS SECTION WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND IS  OPER-
ATING UNDER SUCH RETAIL LICENSE OR LICENSES IN ADDITION TO THE TEMPORARY
RETAIL PERMIT, AND WHO IS NOT DELINQUENT UNDER THE PROVISIONS OF SECTION
ONE  HUNDRED ONE-AA OF THIS CHAPTER AS TO ANY RETAIL LICENSE UNDER WHICH
HE OPERATES, MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT UNDER THE TEMPO-
RARY PERMIT.
  7. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  A  TEMPORARY  RETAIL
PERMIT  MAY  BE  SUMMARILY  CANCELLED  OR  SUSPENDED  AT ANY TIME IF THE

A. 9227--B                          3

AUTHORITY DETERMINES THAT GOOD CAUSE FOR SUCH CANCELLATION OR SUSPENSION
EXISTS.  THE AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER OF  A  TEMPORARY
RETAIL  PERMIT  IN  WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL
SET FORTH THE REASONS FOR SUCH ACTION.
  8. THE APPLICATION FOR A TEMPORARY PERMIT SHALL BE ON SUCH FORM AS THE
AUTHORITY SHALL PRESCRIBE.
  9.  APPROVAL  OF, OR EXTENSION OF, A TEMPORARY RETAIL PERMIT SHALL NOT
BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  S 3. Paragraph f of subdivision 1 of section  99-b  of  the  alcoholic
beverage  control  law,  as added by chapter 486 of the laws of 1941, is
amended to read as follows:
  f. A licensee who is liquidating or selling [his] ITS business,  or  a
former  licensee  whose  license  [was]  HAS  BEEN surrendered, REVOKED,
CANCELLED or HAS expired, to sell [his] ITS entire  stock  of  alcoholic
beverages  to  other  licensees,  PROVIDED, HOWEVER, THAT NO SUCH PERMIT
SHALL BE ISSUED TO A LICENSEE OR FORMER LICENSEE WHO IS DELINQUENT UNDER
THE PROVISIONS OF SECTION ONE HUNDRED  ONE-AA  OR  SECTION  ONE  HUNDRED
ONE-AAA  OF  THIS  CHAPTER.  A  FORMER  LICENSEE  WHOSE LICENSE HAS BEEN
SURRENDERED, REVOKED, CANCELLED, OR HAS EXPIRED, MAY  NOT  TRANSFER  ITS
STOCK  OF ALCOHOLIC BEVERAGES TO ANY OTHER PERSON UNLESS IT OBTAINS SUCH
A PERMIT.
  S 4. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 30-a to read as follows:
  30-A.  "TRANSFER" MEANS THE ADMINISTRATIVE PROCESSES INVOLVED IN ISSU-
ING A LICENSE TO A NEW APPLICANT  FOR  AN  EXISTING  LICENSED  BUSINESS.
TRANSFER  APPLICANTS  SHALL BE UNDER CONTRACT WITH THE EXISTING LICENSEE
FOR PURCHASE OF THE EXISTING LICENSED BUSINESS.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law,  provided  that  paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added  by  section
two  of this act shall expire and be deemed repealed one year after such
effective date.