senate Bill S5295A

2011-2012 Legislative Session

Authorizes the issuance of a temporary retail permit to sell alcoholic beverages to certain applicants who hold licenses for other premises selling such beverages

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 referred to economic development
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.955
Mar 05, 2012 reported and committed to finance
Feb 06, 2012 print number 5295a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
returned to senate
died in assembly
Jun 15, 2011 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1287
committee discharged and committed to rules
May 03, 2011 referred to investigations and government operations

Votes

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May 30, 2012 - Finance committee Vote

S5295A
26
5
committee
26
Aye
5
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 5, 2012 - Investigations and Government Operations committee Vote

S5295A
6
1
committee
6
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 5, 2012

nay (1)
aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S5295 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97-a, ABC L

S5295 - Bill Texts

view summary

Authorizes the issuance of a temporary retail permit to sell alcoholic beverages upon premises for which the applicant has applied for a license, when such applicant holds one or more licenses for other premises upon which alcoholic beverages are sold at retail, and the applicant has not had any violations of law, rules or regulations upon such other premises for two calendar years.

view sponsor memo
BILL NUMBER:S5295

TITLE OF BILL:
An act
to amend the alcoholic
beverage control law, in relation to temporary
retail permits

PURPOSE:
Allows businesses who have clean records in the sale of alcohol for
two or more years to obtain a temporary alcohol permit with two
weeks of the application.

SUMMARY OF PROVISIONS:
Section One - amends section 97-a of the alcoholic beverage control law
to add a new paragraph (b) to allow an applicant for a new retail
license that currently holds one or more retail licenses, and has not
violated the provisions of this chapter or title 9 of the New York
Codes, Rules and Regulations within the two calendar years preceding
application for such permit.

Section One - provides the permit shall be issued within fourteen days
of an applicant meeting the conditions set forth in subdivision two
of this section. forms necessary to implement the provisions of this
act, on its effective date, on or before such date.

Section Two - adds this temporary retail permit issued by the
authority pursuant to paragraph (c) of subdivision one of this
section shall be valid until the authority, pursuant to an
application for a retail license, either issues or denies said license.

Section Three - provides this act shall take effect immediately.

JUSTIFICATION:
Even if retailers have a spotless record, these businesses can
sometimes wait months for an additional license, causing a hardship
on their business.

This legislation will allow responsible businesses to rewarded for
their "good behavior" and not lose businesses due to investigations
and regulations they have already gone through.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5295

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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

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

  Section 1. Subdivision 1 of section 97-a  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (b) to read as follows:
  (B) TO THE APPLICANT FOR A NEW RETAIL LICENSE THAT CURRENTLY HOLDS ONE
OR  MORE  RETAIL  LICENSES,  AND HAS NOT VIOLATED THE PROVISIONS OF THIS
CHAPTER OR TITLE 9 OF THE NEW YORK CODES, RULES AND  REGULATIONS  WITHIN
THE  TWO  CALENDAR  YEARS  PRECEDING APPLICATION FOR SUCH PERMIT.   SUCH
PERMIT SHALL BE ISSUED WITHIN FOURTEEN DAYS OF AN APPLICANT MEETING  THE
CONDITIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
  S  2.  Subdivision 4 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:
  4. A temporary retail permit issued by the authority pursuant to PARA-
GRAPH  (A)  OF SUBDIVISION ONE OF this section shall be for a period not
to exceed ninety days. [A] SUCH 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 in this section. The authority
may, in its discretion, issue  additional  thirty  day  extensions  upon
payment of the appropriate fee.  A TEMPORARY RETAIL PERMIT ISSUED BY THE
AUTHORITY  PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL BE VALID UNTIL THE AUTHORITY, PURSUANT TO  AN  APPLICATION  FOR  A
RETAIL LICENSE, EITHER ISSUES OR DENIES SAID LICENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11442-02-1

S. 5295                             2

  S 3. This act shall take effect immediately, provided, however section
one  of  this  act  shall  take effect on the same date as the repeal of
paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage
control law, as provided in chapter 396 of the laws of 2010, as amended,
takes effect.

S5295A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97-a, ABC L

S5295A (ACTIVE) - Bill Texts

view summary

Authorizes the issuance of a temporary retail permit to sell alcoholic beverages upon premises for which the applicant has applied for a license, when such applicant holds one or more licenses for other premises upon which alcoholic beverages are sold at retail, and the applicant has not had any violations of law, rules or regulations upon such other premises for two calendar years.

view sponsor memo
BILL NUMBER:S5295A

TITLE OF BILL:
An act
to amend the alcoholic
beverage control law, in relation to temporary
retail permits

PURPOSE:
Allows businesses who have clean records in the sale of alcohol for
two or more years to obtain a temporary alcohol permit with two
weeks of the application.

SUMMARY OF PROVISIONS:
Section One - amends section 97-a of the alcoholic beverage control law
to add a new paragraph (b) to allow an applicant for a new retail
license that currently holds one or more retail licenses, and has not
violated the provisions of this chapter or title 9 of the New York
Codes, Rules and Regulations within the two calendar years preceding
application for such permit.

Section One - provides the permit shall be issued within fourteen days
of an applicant meeting the conditions set forth in subdivision two
of this section. forms necessary to implement the provisions of this
act, on its effective date, on or before such date.

Section Two - adds this temporary retail permit issued by the
authority pursuant to paragraph (c) of subdivision one of this
section shall be valid until the authority, pursuant to an
application for a retail license, either issues or denies said license.

Section Three - provides this act shall take effect immediately.

JUSTIFICATION:
Even if retailers have a spotless record, these businesses can
sometimes wait months for an additional license, causing a hardship
on their business.

This legislation will allow responsible businesses to rewarded for
their "good behavior" and not lose businesses due to investigations
and regulations they have already gone through.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5295--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  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
  temporary retail permits

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

  Section  1.  Subdivision  1  of section 97-a of the alcoholic beverage
control law is amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  SUBDIVISION,  TO
THE  APPLICANT  FOR  A  NEW RETAIL LICENSE WHEN SUCH APPLICANT CURRENTLY
HOLDS ONE OR MORE RETAIL LICENSES, AND HAS NOT VIOLATED  THE  PROVISIONS
OF  THIS  CHAPTER  OR  ANY RULES OR REGULATIONS ADOPTED PURSUANT THERETO
WITHIN THE TWO CALENDAR YEARS IMMEDIATELY PRECEDING  THE  DATE  OF  SUCH
APPLICATION FOR A NEW RETAIL LICENSE.  SUCH PERMIT SHALL BE ISSUED WITH-
IN  FOURTEEN  DAYS  OF  AN APPLICANT MEETING THE CONDITIONS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION.
  S 2. Paragraph (c) of subdivision 1 of section 97-a of  the  alcoholic
beverage control law, as added by section one of this act, is relettered
paragraph (b).
  S  3.  Subdivision 4 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:
  4.  A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. [A] SUCH tempo-
rary 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11442-04-2

S. 5295--A                          2

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.
NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION, A TEMPO-
RARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO PARAGRAPH (C)  OF
SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE VALID UNTIL THE AUTHORITY
EITHER APPROVES OR DENIES THE APPLICATION FOR A NEW RETAIL LICENSE.
  S 4. Subdivision 4 of section 97-a of the alcoholic  beverage  control
law,  as  amended  by  section  three  of this act is amended to read as
follows:
  4. A temporary retail permit issued by the authority pursuant to  this
section  shall be for a period not to exceed ninety days. Such 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.  Notwith-
standing the foregoing  provisions  of  this  subdivision,  a  temporary
retail permit issued by the authority pursuant to paragraph [(c)] (B) of
subdivision  one  of  this  section  shall  be valid until the authority
either approves or denies the application for a new retail license.
  S 5. This act shall take effect immediately;  provided  that  sections
two and four of this act shall take effect on the same date as paragraph
(b)  of  subdivision 1 of section 97-a of the alcoholic beverage control
law is repealed pursuant to section 5 of chapter  396  of  the  laws  of
2010, as amended.

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