Assembly Bill A8025

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8025
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of A. BUTTENSCHON -- (at request of the State Liquor
   Authority) -- read once and referred  to  the  Committee  on  Economic
   Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   temporary manufacturing 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 76-b of  the  alcoholic  beverage  control  law  is
 REPEALED.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 97-b to read as follows:
   § 97-B. TEMPORARY MANUFACTURING PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  MANUFACTURING FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER.  SUCH
 APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN  INFORMA-
 TION  AS  THE  LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2. UPON APPLICATION, THE LIQUOR AUTHORITY  MAY  ISSUE  SUCH  TEMPORARY
 PERMIT WHEN:
   (A)  THE APPLICANT HAS A MANUFACTURING LICENSE APPLICATION AT THE SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES;
   (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF  ALL  PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09257-01-9
              

 A. 8025                             2
 
   (A)  ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
   (C)  THE  APPLICANT  HAS  SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4. THE APPLICATION FOR SUCH PERMIT SHALL BE APPROVED OR DENIED BY  THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
 FACTURING  FACILITY  FOR THE MANUFACTURE AND SALE OF ALCOHOLIC BEVERAGES
 ACCORDING TO THE LAWS APPLICABLE TO THE TYPE  OF  MANUFACTURING  LICENSE
 BEING APPLIED FOR.
   6.  SUCH  TEMPORARY  PERMIT  SHALL  REMAIN IN EFFECT FOR SIX MONTHS OR
 UNTIL THE MANUFACTURING LICENSE BEING APPLIED FOR IS  APPROVED  AND  THE
 LICENSE  GRANTED,  WHICHEVER  IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
 THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH  PERI-
 ODS  OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
 SUCH EXTENSION.
   7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  TEMPORARY
 PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
 AUTHORITY  DETERMINES  THAT  GOOD  CAUSE  FOR CANCELLATION OR SUSPENSION
 EXISTS. THE LIQUOR AUTHORITY SHALL  PROMPTLY  NOTIFY  THE  PERMITTEE  IN
 WRITING  OF  SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH REASONS
 FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED  ON  SUBSTANTIAL
 EVIDENCE  IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
 IN FAVOR OF THE APPLICANT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that upon effect, any valid permit
 issued  under  section  76-b of the alcoholic beverage control law shall
 remain in effect according to the terms of section 76-b of the alcoholic
 beverage control law as if such  section  had  not  been  repealed,  and
 provided  further, any application duly submitted prior to the effective
 date of this act and not yet acted upon shall be processed  as  if  such
 section  had not been repealed, and if such application is approved, any
 permit issued shall remain in effect according to the terms  of  section
 76-b  of  the  alcoholic beverage control law as if such section had not
 been repealed.