S T A T E O F N E W Y O R K
________________________________________________________________________
340
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Economic Development
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.
LBD00604-01-5
A. 340 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.