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

                                  4032

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. McLAUGHLIN, GIGLIO, GOODELL -- Multi-Sponsored by
  --  M.  of  A.  FINCH  --  read  once and referred to the Committee on
  Economic Development

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REPEALED and a new section 97-a is added to read as follows: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

A. 4032                             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.