Senate Bill S3883

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

                                  3883

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON, DIAZ, DILAN, SAVINO -- (at request of
  the State Liquor Authority) -- read twice  and  ordered  printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08603-01-9

              

S. 3883                             2

  (d) The application for the temporary permit shall be accompanied by a
nonrefundable temporary permit filing fee of  one  hundred  twenty-eight
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.