Senate Bill S2257

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

                                  2257

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen. VALESKY -- 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
  temporary retail permits for new applicants

  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 TEN, THE REPORT PROVIDED
FOR IN SUBDIVISION EIGHT  OF  THIS  SECTION  SHALL  INCLUDE  INFORMATION
RELATED  TO  THE  NUMBER  OF LICENSES APPLIED FOR AND THE LENGTH OF TIME
REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSES APPLIED  FOR
PURSUANT  TO  SUBDIVISION TWO-C OF SECTION SIXTY-ONE OF THIS CHAPTER AND
SECTIONS SIXTY-FOUR, SEVENTY-SIX, SEVENTY-SIX-A,  SEVENTY-SIX-C,  SEVEN-
TY-SIX-D AND SEVENTY-SIX-F OF THIS CHAPTER.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 97-b to read as follows:
  S 97-B. TEMPORARY RETAIL PERMIT FOR NEW APPLICANTS. 1.  THE  AUTHORITY
IS  HEREBY AUTHORIZED TO ISSUE A TEMPORARY RETAIL PERMIT TO AN APPLICANT
OF A PREMISES THAT IS NOT LICENSED IN A MUNICIPALITY WITH  A  POPULATION
OF LESS THAN ONE MILLION. SUCH APPLICATION SHALL BE IN WRITING AND VERI-
FIED  AND SHALL CONTAIN INFORMATION AS THE AUTHORITY SHALL REQUIRE. SUCH
APPLICATION SHALL  BE  ACCOMPANIED  BY  A  FILING  FEE  OF  SEVENTY-FIVE
DOLLARS.
  2.  UPON  APPLICATION,  THE  AUTHORITY  SHALL ISSUE A TEMPORARY RETAIL
PERMIT WHEN THE APPLICANT HAS FILED WITH THE  AUTHORITY  AN  APPLICATION
FOR A RETAIL LICENSE AT SUCH PREMISES, TOGETHER WITH ALL REQUIRED FILING
AND LICENSE FEES. A TEMPORARY PERMIT ISSUED BY THE AUTHORITY PURSUANT TO
THIS  SECTION  SHALL BE FOR A PERIOD NOT TO EXCEED NINETY DAYS. A TEMPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09069-01-9

              

S. 2257                             2

RARY PERMIT MAY BE EXTENDED AT THE DISCRETION OF THE AUTHORITY,  FOR  AN
ADDITIONAL THIRTY DAYS.
  3.  PURSUANT  TO  THIS  SECTION  A  TEMPORARY RETAIL PERMIT MAY NOT BE
ISSUED FOR ANY PREMISES THAT IS SUBJECT TO THE PROVISIONS OF SUBDIVISION
SEVEN OF SECTION SIXTY-FOUR, SUBDIVISION SEVEN OF SECTION  SIXTY-FOUR-A,
SUBDIVISION  FIVE OF SECTION SIXTY-FOUR-B, SUBDIVISION TWELVE OF SECTION
SIXTY-FOUR-C, SUBDIVISION EIGHT OF SECTION SIXTY-FOUR-D  OR  SUBDIVISION
THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
  4. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL PERMIT AND SHALL AUTHOR-
IZE THE HOLDER THEREOF TO, IN THE CASE OF ALL OTHER RETAIL APPLICATIONS,
PURCHASE  AND  SELL SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE
PURCHASED AND SOLD UNDER THE PRIVILEGES OF THE LICENSE APPLIED  FOR;  TO
SELL  ALCOHOLIC  BEVERAGES  TO CONSUMERS ONLY AND NOT FOR RESALE; AND TO
PURCHASE ALCOHOLIC BEVERAGES ONLY BY PAYMENT IN CURRENCY  OR  CHECK  FOR
SUCH  ALCOHOLIC  BEVERAGES ON OR BEFORE THEY ARE DELIVERED TO SUCH PREM-
ISES.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY PERMIT  MAY
BE  SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE AUTHORITY DETER-
MINES 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.
  6.  APPROVAL OF, OR EXTENSION OF, A TEMPORARY RETAIL LICENSE SHALL NOT
BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
  7. 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.  This act shall take effect immediately.