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