senate Bill S2584

2013-2014 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 (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1483
committee discharged and committed to rules
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
May 22, 2013 referred to economic development
delivered to assembly
passed senate
May 21, 2013 ordered to third reading cal.725
committee discharged and committed to rules
May 07, 2013 reported and committed to finance
Jan 22, 2013 referred to investigations and government operations

Votes

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Jun 18, 2014 - Rules committee Vote

S2584
23
1
committee
23
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 21, 2013 - Rules committee Vote

S2584
19
2
committee
19
Aye
2
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 7, 2013 - Investigations and Government Operations committee Vote

S2584
6
1
committee
6
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 7, 2013

nay (1)
aye wr (2)

S2584 - Bill Details

See Assembly Version of this Bill:
A8174
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง97-a, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S5295A

S2584 - 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:S2584

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:
6/15/11 Referred to Economic Development
6/11/12 Referred to Economic Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2584

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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 (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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07310-02-3

S. 2584                             2

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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