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A02065 Summary:

COSPNSRBrabenec, Giglio, Goodell
MLTSPNSRCrouch, Finch
Rpld & add 97-a, ABC L
Provides for the issuance of temporary retail permits by the state liquor authority.
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A02065 Actions:

01/17/2017referred to economic development
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A02065 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
        Introduced  by  M.  of  A.  McLAUGHLIN  -- read once and referred to the
          Committee on Economic Development
        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:
     1    Section  1.  Section  97-a  of  the  alcoholic beverage control law is
     2  REPEALED and a new section 97-a is added to read as follows:
     3    § 97-a. Temporary retail permit. 1. The authority is hereby authorized
     4  to issue a temporary retail permit:
     5    (a) to the transferee of a retail license to continue  the  operations
     6  of  a  retail  premises during the period a transfer application for the
     7  license from person to person at the same premises is pending; or
     8    (b) to an applicant for a premises that is not licensed in  a  munici-
     9  pality with a population of less than one million.
    10    2.  Such a permit may be issued if all of the following conditions are
    11  met:
    12    (a) The applicant for the temporary retail  permit  shall  have  filed
    13  with the authority an application for a retail license at such premises,
    14  together with all required filing and license fees;
    15    (b)  The  applicant shall have filed with the authority an application
    16  for a temporary retail permit, accompanied by a nonrefundable filing fee
    17  of either one hundred twenty-eight dollars for all retail beer  licenses
    18  or six hundred forty dollars for all other retail licenses;
    19    (c)  In  the  case  of a transfer application, the premises shall have
    20  been operated under a retail license within thirty days of the  date  of
    21  filing the application for a temporary permit; and
    22    (d)  In  the  case  of  a transfer application, the current license in
    23  effect at said premises must be surrendered  or  placed  in  safekeeping
    24  with the authority.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2065                             2
     1    3. A temporary retail permit under paragraph (b) of subdivision one of
     2  this  section  may not be issued for any premises that is subject to the
     3  provisions of subdivision seven of section sixty-four, subdivision seven
     4  of section  sixty-four-a,  subdivision  five  of  section  sixty-four-b,
     5  subdivision twelve of section sixty-four-c, subdivision eight of section
     6  sixty-four-d  or  subdivision  three of section one hundred five of this
     7  chapter.
     8    4. A temporary permit issued by the authority pursuant to this section
     9  shall be for a period not to exceed ninety days. A temporary permit  may
    10  be extended at the discretion of the authority, for an additional thirty
    11  day period.
    12    5.  A  temporary  retail permit is a conditional permit and authorizes
    13  the holder thereof:
    14    (a) In the case of a transfer application, to purchase and  sell  such
    15  alcoholic beverages as would be permitted to be purchased and sold under
    16  the  privileges of the retail license for which the transfer application
    17  has been made;
    18    (b) In the case of all other retail applications, to purchase and sell
    19  such alcoholic beverages as would be permitted to be purchased and  sold
    20  under the privileges of the license applied for; and
    21    (c)  To  sell  such  alcoholic beverages to consumers only and not for
    22  resale.
    23    6. The holder of a temporary retail permit  shall  purchase  alcoholic
    24  beverages only by payment in currency or check on or before the day such
    25  alcoholic beverages are delivered, provided, however, that the holder of
    26  a temporary retail permit who also holds one or more retail licenses and
    27  is  operating  under  such retail license or licenses in addition to the
    28  temporary retail permit, and who is not delinquent under the  provisions
    29  of  section one hundred one-aa or one hundred one-aaa of this chapter as
    30  to any retail license under which it operates,  may  purchase  alcoholic
    31  beverages on credit under the temporary permit.
    32    7.  Notwithstanding any other provision of law, a temporary permit may
    33  be summarily cancelled or suspended at any time if the authority  deter-
    34  mines  that  good cause for such cancellation or suspension exists.  The
    35  authority shall promptly notify the holder  of  a  temporary  permit  in
    36  writing  of  such  cancellation  or  suspension  and shall set forth the
    37  reasons for such action.
    38    8. Application for a temporary permit shall be on  such  form  as  the
    39  authority shall prescribe.
    40    9.  Approval of or extension of a temporary retail permit shall not be
    41  deemed as an approval of the retail application.
    42    10. Notwithstanding any inconsistent provision of law to the contrary,
    43  the authority may promulgate such rules and regulations as may be neces-
    44  sary to carry out the provisions of this section.
    45    § 2. This act shall take effect immediately.
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