senate Bill S2902

2013-2014 Legislative Session

Provides for the issuance of temporary retail permits by the state liquor authority; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 24, 2013 referred to investigations and government operations

Co-Sponsors

S2902 - Bill Details

See Assembly Version of this Bill:
A4032
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Rpld & add ยง97-a, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5570
2009-2010: A8904

S2902 - Bill Texts

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Provides for the issuance of temporary retail permits by the state liquor authority.

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BILL NUMBER:S2902

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the issuing of temporary retail permits; and to repeal
section 97-a of such law relating thereto

PURPOSE: To authorize the State Liquor Authority to issue temporary
retail permits under certain circumstances.

SUMMARY OF PROVISIONS:

Section one - authorized the liquor authority to issue a temporary
retail permit to: the transferee of a retail license to continue the
operations of a retail premises during the period a transfer application
for the license from person to person at the same premises is pending;
or to an applicant for a premises that is not licensed in a municipality
with a population of less than one million.

The permit shall be issued if all of the following conditions are met:

1) the applicant for the temporary retail permit shall have filed with
the authority an application for a retail license at such premises,
together with all required filing and license fees;

2) the applicant shall have filed with the authority an application for
a temporary retail permit, accompanied by a nonrefundable filing fee of
either one hundred twenty-eight dollars for all retail beer licenses or
six hundred forty dollars for all other retail licenses;

3) in the case of a transfer application, the premises shall have been
operated under a retail license within thirty days of the date of filing
the application for a temporary permit; and

4) in the case of a transfer application, the current license in effect
at said premises must be surrendered or placed in safekeeping with the
authority.

The temporary permit shall be issued for a period not to exceed ninety
days, however it may be extended at the discretion of the authority for
an additional thirty days. In addition, the holder of the temporary
permit is required to pay in currency or cash on or before delivery. The
authority also has the ability to cancel or suspend such temporary
permit at any time for good cause and shall notify the holder in writ-
ing.

Section two - contains the effective date.

JUSTIFICATION: It has been well documented that there is an extremely
long backlog at the State Liquor Authority (SLA) in regard to processing
liquor licenses. In some cases, the process can take as much as six
months from the date the application is filed until a license is grant-

ed. This waiting period has hindered many restaurants, bars and conven-
ience stores from being successful. While the 2007-08 Enacted State
budget authorized the hiring of additional personnel for the express
purpose of addressing this issue, those positions were not filled until
early 2008. In order to ensure that businesses just starting out are not
adversely impacted by this backlog, the Legislature feels it is neces-
sary to authorize the SLA to issue a temporary retail permit to certain
applicants and under specific criteria.

LEGISLATIVE HISTORY: S.284 of 2010 referred to Investigations and
Government Operations

FISCAL IMPLICATIONS: None to the State.

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
________________________________________________________________________

                                  2902

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced by Sen. MARCHIONE -- 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 the
  issuing of temporary retail permits; and to  repeal  section  97-a  of
  such law relating thereto

  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  is
REPEALED and a new section 97-a is added to read as follows:
  S 97-A. TEMPORARY RETAIL PERMIT. 1. THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A TEMPORARY RETAIL PERMIT:
  (A)  TO  THE TRANSFEREE OF A RETAIL LICENSE TO CONTINUE THE OPERATIONS
OF A RETAIL PREMISES DURING THE PERIOD A TRANSFER  APPLICATION  FOR  THE
LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR
  (B)  TO  AN APPLICANT FOR A PREMISES THAT IS NOT LICENSED IN A MUNICI-
PALITY WITH A POPULATION OF LESS THAN ONE MILLION.
  2. SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS  ARE
MET:
  (A)  THE  APPLICANT  FOR  THE TEMPORARY RETAIL PERMIT SHALL HAVE FILED
WITH THE AUTHORITY AN APPLICATION FOR A RETAIL LICENSE AT SUCH PREMISES,
TOGETHER WITH ALL REQUIRED FILING AND LICENSE FEES;
  (B) THE APPLICANT SHALL HAVE FILED WITH THE AUTHORITY  AN  APPLICATION
FOR A TEMPORARY RETAIL PERMIT, ACCOMPANIED BY A NONREFUNDABLE FILING FEE
OF  EITHER ONE HUNDRED TWENTY-EIGHT DOLLARS FOR ALL RETAIL BEER LICENSES
OR SIX HUNDRED FORTY DOLLARS FOR ALL OTHER RETAIL LICENSES;
  (C) IN THE CASE OF A TRANSFER APPLICATION,  THE  PREMISES  SHALL  HAVE
BEEN  OPERATED  UNDER A RETAIL LICENSE WITHIN THIRTY DAYS OF THE DATE OF
FILING THE APPLICATION FOR A TEMPORARY PERMIT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03976-01-3

S. 2902                             2

  (D) IN THE CASE OF A TRANSFER  APPLICATION,  THE  CURRENT  LICENSE  IN
EFFECT  AT  SAID  PREMISES  MUST BE SURRENDERED OR PLACED IN SAFEKEEPING
WITH THE AUTHORITY.
  3. A TEMPORARY RETAIL PERMIT UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS  SECTION  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 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.
  5.  A  TEMPORARY  RETAIL PERMIT IS A CONDITIONAL PERMIT AND AUTHORIZES
THE HOLDER THEREOF:
  (A) IN THE CASE OF A TRANSFER APPLICATION, 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 THE TRANSFER APPLICATION
HAS BEEN MADE;
  (B) IN THE CASE OF ALL OTHER RETAIL APPLICATIONS, TO PURCHASE AND SELL
SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND  SOLD
UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; AND
  (C)  TO  SELL  SUCH  ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR
RESALE.
  6. THE HOLDER OF A TEMPORARY RETAIL PERMIT  SHALL  PURCHASE  ALCOHOLIC
BEVERAGES ONLY BY PAYMENT IN CURRENCY OR CHECK ON OR BEFORE THE DAY SUCH
ALCOHOLIC BEVERAGES ARE DELIVERED, PROVIDED, HOWEVER, THAT THE HOLDER OF
A TEMPORARY RETAIL PERMIT WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND
IS  OPERATING  UNDER  SUCH RETAIL LICENSE OR LICENSES IN ADDITION TO THE
TEMPORARY RETAIL PERMIT, AND WHO IS NOT DELINQUENT UNDER THE  PROVISIONS
OF  SECTION ONE HUNDRED ONE-AA OR ONE HUNDRED ONE-AAA OF THIS CHAPTER AS
TO ANY RETAIL LICENSE UNDER WHICH IT OPERATES,  MAY  PURCHASE  ALCOHOLIC
BEVERAGES ON CREDIT UNDER THE TEMPORARY PERMIT.
  7.  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.
  8. APPLICATION FOR A TEMPORARY PERMIT SHALL BE ON  SUCH  FORM  AS  THE
AUTHORITY SHALL PRESCRIBE.
  9.  APPROVAL OF OR EXTENSION OF A TEMPORARY RETAIL PERMIT SHALL NOT BE
DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
  10. 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 2. This act shall take effect immediately.

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