S T A T E O F N E W Y O R K
________________________________________________________________________
7784
I N S E N A T E
January 11, 2022
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to the
issuance of temporary retail permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (c) and (d) of subdivision 1 of section 110-b of
the alcoholic beverage control law, as added by chapter 560 of the laws
of 2011, are amended and a new paragraph (e) is added to read as
follows:
(c) for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within the city of New York and
licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or eighty-one-a of
this chapter; [or]
(d) for approval of a substantial corporate change under section nine-
ty-nine-d of this chapter if the premises is located within the city of
New York and licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or
eighty-one-a of this chapter[.]; OR
(E) FOR A TEMPORARY RETAIL PERMIT ISSUED UNDER PARAGRAPH (B) OF SUBDI-
VISION ONE OF SECTION NINETY-SEVEN-A OF THIS CHAPTER WHERE THE ESTAB-
LISHMENT IS TO BE LICENSED PURSUANT TO SECTION FIFTY-FIVE, FIFTY-FIVE-A,
SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D,
EIGHTY-ONE OR EIGHTY-ONE-A OF THIS CHAPTER LOCATED IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE PEOPLE. IF AN APPLICANT SUBJECT TO
THIS PARAGRAPH SHALL, AFTER FILING AN APPLICATION FOR A RETAIL LICENSE
AND PROVIDING PROPER NOTICE FOR SUCH APPLICATION PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION, SUBSEQUENTLY FILE AN APPLICATION FOR A TEMPO-
RARY RETAIL PERMIT PURSUANT TO SECTION NINETY-SEVEN-A OF THIS CHAPTER AT
THE SAME PREMISES, SUCH APPLICANT MUST FILE ADDITIONAL NOTICE PURSUANT
TO THIS PARAGRAPH; PROVIDED, HOWEVER, SUCH NOTICE WILL BE EFFECTIVE AT
THE LATER OF ITS PROPER SERVICE UNDER THIS SECTION OR THIRTY DAYS FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03760-04-2
S. 7784 2
THE DATE PROPER NOTICE WAS SERVED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR THE LICENSE AT THE SAME PREMISES.
§ 2. Subdivision 3 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:
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[,] OR SEVENTY-NINE OF THIS CHAPTER; A
TEMPORARY RETAIL PERMIT UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION SHALL NOT BE ISSUED FOR A PREMISES SUBJECT TO THE PROVISIONS OF
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, OR paragraph (b) of subdivision eight of section sixty-
four-d, [or section seventy-nine of this chapter] UNLESS AND UNTIL A
RECOMMENDATION THAT THERE BE A FINDING OF PUBLIC INTEREST HAS BEEN MADE
BY AN ADMINISTRATIVE LAW JUDGE PURSUANT TO PARAGRAPH (F) OF SUBDIVISION
SEVEN OF SECTION SIXTY-FOUR, PARAGRAPH (D) OF SUBDIVISION SEVEN OF
SECTION SIXTY-FOUR-A, PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION
SIXTY-FOUR-B, PARAGRAPH (C) OF SUBDIVISION ELEVEN OF SECTION
SIXTY-FOUR-C, OR PARAGRAPH (E) OF SUBDIVISION EIGHT OF SECTION SIXTY-
FOUR-D OF THIS CHAPTER. PROVIDED HOWEVER, ANY PREMISES GRANTED A TEMPO-
RARY RETAIL PERMIT PURSUANT TO THIS SUBDIVISION IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE PEOPLE SHALL ONLY BE ALLOWED TO OPERATE ON
THE PREMISES UNDER THE FOLLOWING CONDITIONS: AN ACTIVE RETAIL LICENSE
SHALL HAVE EXISTED AT THE LOCATION WITHIN THE PAST TWO YEARS, AND SUCH
LICENSE SHALL NOT HAVE BEEN CANCELED, SUSPENDED, OR REVOKED BY THE
AUTHORITY WITHIN THE PAST TWO YEARS; THE CLOSING TIME ANY DAY OF THE
WEEK SHALL BE NO LATER THAN MIDNIGHT; PROVIDED HOWEVER THAT THE CLOSING
TIME OF ANY OUTDOOR SPACE SHALL BE NO LATER THAN TEN O'CLOCK POST-MERI-
DIAN SUNDAY THROUGH THURSDAY AND ELEVEN O'CLOCK POST-MERIDIAN FRIDAY AND
SATURDAY; NO OUTDOOR MUSIC; INDOORS SHALL HAVE RECORDED BACKGROUND MUSIC
ONLY, WITH NO LIVE MUSIC, DJ'S, KARAOKE, OR SIMILAR FORMS OF MUSIC; AND
NO DANCING. THE AUTHORITY SHALL AUTOMATICALLY LIFT SUCH RESTRICTIONS IF
THE AUTHORITY ISSUES A RETAIL LICENSE FOR THE PREMISES, AND REPLACE SUCH
RESTRICTIONS WITH OTHER RESTRICTIONS, IF ANY, IMPOSED BY THE AUTHORITY
IN ACCORDANCE WITH THE PUBLIC INTEREST STANDARD.
§ 3. Section 97-a of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
3-A. A NOTICE FOR A PUBLIC HEARING PURSUANT TO PARAGRAPH (F) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-FOUR, PARAGRAPH (D) OF SUBDIVISION SEVEN
OF SECTION SIXTY-FOUR-A, PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION
SIXTY-FOUR-B, PARAGRAPH (C) OF SUBDIVISION ELEVEN OF SECTION
SIXTY-FOUR-C, OR PARAGRAPH (E) OF SUBDIVISION EIGHT OF SECTION SIXTY-
FOUR-D OF THIS CHAPTER SHALL ALSO INCLUDE NOTIFICATION THAT A TEMPORARY
RETAIL PERMIT MAY BE ISSUED TO THE PREMISES BY THE AUTHORITY AFTER A
RECOMMENDATION THAT THERE BE A FINDING OF PUBLIC INTEREST HAS BEEN MADE
IN PROCEEDINGS CONDUCTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the alcoholic beverage
control law relating to authorizing the issuance of a temporary retail
permit by the state liquor authority to licensees located in a munici-
pality having a population of one million or more persons, as proposed
in legislative bills numbers S. 2743 and A. 3909, takes effect.
