Senate Bill S817

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    817
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 REPEALED and a new section 97-a is added to read as follows:
   § 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.
                                                            LBD06516-01-9

              

 S. 817                              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.
   § 2. This act shall take effect immediately.