S T A T E O F N E W Y O R K
________________________________________________________________________
6782
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
___________
Introduced by M. of A. SCHIMMINGER -- (at request of the State Liquor
Authority) -- read once and referred to the Committee on Economic
Development, Job Creation, Commerce and Industry
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:
Section 1. Section 97-a of the alcoholic beverage control law, as
added by chapter 366 of the laws of 1991, paragraph d of subdivision 1
and subdivision 2 as amended by section 20 of part Z of chapter 85 of
the laws of 2002, is amended to read as follows:
S 97-a. Temporary retail permit. 1. The liquor authority is hereby
authorized to issue a temporary retail permit to the [transferee of]
APPLICANT FOR a retail license [to continue the operation of a retail
premises during the period a transfer application for the license from
person to person at the same premises] DURING THE PERIOD THE APPLICATION
is pending and when all the following conditions exist:
(a) The [premises shall have been operated under a retail license
within thirty days of the date of filing the application for a temporary
permit] APPLICANT HAS FULLY COMPLIED WITH THE PROVISIONS OF SECTION ONE
HUNDRED TEN OF THIS CHAPTER;
(b) [The] AT THE TIME THE PERMIT IS ISSUED, ANY EXISTING retail
license for said premises shall have been surrendered TO, OR PLACED into
safekeeping [pursuant to rules of the authority] WITH, THE AUTHORITY OR
OTHERWISE DEEMED ABANDONED BY THE AUTHORITY;
(c) The applicant for the temporary permit shall have filed with the
authority an application for [transfer of] the retail license at such
premises; and
(d) The application for the temporary permit shall be accompanied by a
nonrefundable temporary permit filing fee of one hundred twenty-eight
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08603-01-9
A. 6782 2
dollars for all retail beer licenses; all other temporary permit appli-
cations shall be accompanied by a filing fee of six hundred forty
dollars.
2. NO SUCH PERMIT SHALL BE ISSUED TO AN APPLICANT FOR A LICENSE
ISSUED PURSUANT TO SECTION SIXTY-THREE OR SECTION SEVENTY-NINE OF THIS
CHAPTER UNLESS THE PREMISES HAS BEEN OPEN AND OPERATING UNDER A LICENSE
ISSUED PURSUANT TO THE SAME SECTION OF THIS CHAPTER AS THAT BEING SOUGHT
BY THE APPLICANT WITHIN THIRTY DAYS OF THE FILING OF THE APPLICATION.
3. NO SUCH PERMIT SHALL BE ISSUED TO AN APPLICANT FOR THE LICENSE THAT
IS SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION SIXTY-FOUR,
SUBDIVISION SEVEN OF SECTION SIXTY-FOUR-A, SUBDIVISION ELEVEN OF SECTION
SIXTY-FOUR-C, OR SUBDIVISION EIGHT OF SECTION SIXTY-FOUR-D OF THIS CHAP-
TER UNLESS THE PREMISES HAS BEEN OPEN AND OPERATING UNDER A LICENSE
ISSUED PURSUANT TO THE SAME SECTION OF THIS CHAPTER AS THAT BEING SOUGHT
BY THE APPLICANT AT THE TIME THE PERMIT IS ISSUED.
4. A temporary 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 additional 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 herein. THE
AUTHORITY MAY, IN ITS DISCRETION, ISSUED MULTIPLE THIRTY DAY EXTENSIONS.
5. A temporary RETAIL permit is a conditional permit and authorizes
the holder thereof 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 transfer] THE application WHICH has been
filed; to sell such alcoholic beverages to consumers only and not for
resale; and to purchase such alcoholic beverages only by payment in
currency or check for such alcoholic beverages on or before they are
delivered to the premises.
[3.] 6. Provided, however, that the holder of a temporary permit
PURSUANT TO THIS SECTION who also holds one or more retail licenses and
is operating under such retail license or licenses in addition to the
temporary permit, and who is not delinquent [under the provisions of
section one hundred one-a of this chapter] as to any retail license
under which he operates, may purchase alcoholic beverages on credit
under the temporary permit.
[4.] 7. Notwithstanding any other provision of law, a temporary 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 permit in
writing of such cancellation or suspension and shall set forth the
reasons for such action.
[5.] 8. Application for a temporary permit shall be on such form as
the authority shall prescribe.
[6.] 9. Notwithstanding any inconsistent provision of law to the
contrary, the authority may promulgate such rules and regulations as may
be necessary to carry out the provisions of this section.
S 2. This act shall take effect on the one hundred eightieth day
after it shall have become a law.