Senate Bill S582

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

                                   582

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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; and to repeal certain provisions 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REPEALED and a new section 97-a is added to read as follows: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 THAT THE TRANSFER APPLICATION FOR
THE LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR
  (B) TO THE APPLICANT FOR A NEW RETAIL LICENSE  WHERE  THE  PROSPECTIVE
LICENSED PREMISES IS LOCATED IN A MUNICIPALITY WITH A POPULATION OF LESS
THAN ONE MILLION DURING THE PERIOD THAT THE APPLICATION IS PENDING.
  2.  SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS ARE
MET:
  (A) THE APPLICANT FOR THE TEMPORARY 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 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.
              

                                                           LBD02102-01-3

S. 582                              2

  (D)  AT  THE TIME THE PERMIT IS ISSUED THE CURRENT LICENSE, IF ANY, IN
EFFECT FOR SAID PREMISES SHALL HAVE BEEN  SURRENDERED  TO,  PLACED  INTO
SAFEKEEPING WITH, OR OTHERWISE DEEMED ABANDONED BY 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 SECTION SIXTY-THREE, PARAGRAPH (B) OF SUBDIVISION SEVEN OF
SECTION SIXTY-FOUR, SUBPARAGRAPH (II) OF PARAGRAPH  (A)  OF  SUBDIVISION
SEVEN  OF  SECTION  SIXTY-FOUR-A,  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION ELEVEN OF SECTION SIXTY-FOUR-C, PARAGRAPH (B) OF SUBDIVISION
EIGHT OF SECTION SIXTY-FOUR-D, OR SECTION SEVENTY-NINE OF THIS CHAPTER.
  4. A TEMPORARY RETAIL 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  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.
  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 FILED;
  (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 FOR SUCH ALCOHOLIC BEVER-
AGES  ON  OR  BEFORE  THE  DAY  SUCH  ALCOHOLIC BEVERAGES ARE DELIVERED,
PROVIDED, HOWEVER, THAT THE HOLDER OF A TEMPORARY PERMIT ISSUED PURSUANT
TO THIS SECTION WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND IS  OPER-
ATING 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 OF THIS CHAPTER AS TO ANY RETAIL LICENSE UNDER WHICH
HE OR SHE OPERATES, MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT UNDER THE
TEMPORARY PERMIT.
  7. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  A  TEMPORARY  RETAIL
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
RETAIL  PERMIT  IN  WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL
SET FORTH THE REASONS FOR SUCH ACTION.
  8. THE 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.