§ 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 that the transfer application for
the license from person to person at the same premises is pending; or

* (b) to the applicant for a new retail license.

* NB Repealed October 12, 2024

2. Such a permit may be issued if all of the following conditions are
met:

(a) the applicant for the temporary 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 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;

(d) at the time the permit is issued the current license, if any, in
effect for said premises shall have been surrendered to, placed into
safekeeping with, or otherwise deemed abandoned by 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 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, 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 temporary retail permit pursuant to this subdivision in a city
with a population 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-meridian 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-a. A notice for a public hearing 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 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. A temporary retail 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 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.

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 filed;

(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 for such alcoholic
beverages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
to this section 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 of this chapter as to any retail license
under which he operates, may purchase alcoholic beverages on credit
under the temporary permit.

7. Notwithstanding any other provision of law, a temporary retail
permit may be summarily cancelled or suspended at any time if the
authority determines that good cause for such cancellation or suspension
exists. The authority shall promptly notify the holder of a temporary
retail permit in writing of such cancellation or suspension and shall
set forth the reasons for such action.

8. The 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
necessary to carry out the provisions of this section.