Bill Text: NY A08025 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates temporary manufacturing permits for alcoholic beverage manufacturers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.305 [A08025 Detail]
Download: New_York-2019-A08025-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8025 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 76-b of the alcoholic beverage control law is 2 REPEALED. 3 § 2. The alcoholic beverage control law is amended by adding a new 4 section 97-b to read as follows: 5 § 97-b. Temporary manufacturing permit. 1. Any person may apply to the 6 liquor authority for a temporary permit to operate any alcoholic bever- 7 age manufacturing facility as may be licensed under this chapter. Such 8 application shall be in writing and verified and shall contain informa- 9 tion as the liquor authority shall require. Such application shall be 10 accompanied by a check or draft in the amount of one hundred twenty-five 11 dollars for such permit. 12 2. Upon application, the liquor authority may issue such temporary 13 permit when: 14 (a) the applicant has a manufacturing license application at the same 15 premises pending before the liquor authority, together with all required 16 filing and license fees; 17 (b) the applicant has obtained and provided evidence of all permits, 18 licenses and other documents necessary for the operation of such a busi- 19 ness; and 20 (c) any current license in effect at the premises has been surrendered 21 or placed in safekeeping, or has been deemed abandoned by the authority. 22 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. LBD09257-01-9A. 8025 2 1 (a) issuance of the permit will not inordinately hinder the operation 2 or effective administration of this chapter; 3 (b) the applicant would in all likelihood be able to ultimately obtain 4 the manufacturing license being applied for; and 5 (c) the applicant has substantially complied with the requirements 6 necessary to obtain such license. 7 4. The application for such permit shall be approved or denied by the 8 liquor authority within forty-five days after the receipt of such appli- 9 cation. 10 5. A temporary permit shall authorize the permittee to operate a manu- 11 facturing facility for the manufacture and sale of alcoholic beverages 12 according to the laws applicable to the type of manufacturing license 13 being applied for. 14 6. Such temporary permit shall remain in effect for six months or 15 until the manufacturing license being applied for is approved and the 16 license granted, whichever is shorter. Such permit may be extended at 17 the discretion of the liquor authority for additional three-month peri- 18 ods of time upon payment of an additional fee of fifty dollars for each 19 such extension. 20 7. Notwithstanding any provision of law to the contrary, a temporary 21 permit may be summarily cancelled or suspended at any time if the liquor 22 authority determines that good cause for cancellation or suspension 23 exists. The liquor authority shall promptly notify the permittee in 24 writing of such cancellation or suspension and shall set forth reasons 25 for such action. 26 8. The liquor authority in reviewing such application shall review the 27 entire record and grant the temporary permit unless good cause is other- 28 wise shown. A decision on an application shall be based on substantial 29 evidence in the record and supported by a preponderance of the evidence 30 in favor of the applicant. 31 § 3. This act shall take effect on the ninetieth day after it shall 32 have become a law; provided, however, that upon effect, any valid permit 33 issued under section 76-b of the alcoholic beverage control law shall 34 remain in effect according to the terms of section 76-b of the alcoholic 35 beverage control law as if such section had not been repealed, and 36 provided further, any application duly submitted prior to the effective 37 date of this act and not yet acted upon shall be processed as if such 38 section had not been repealed, and if such application is approved, any 39 permit issued shall remain in effect according to the terms of section 40 76-b of the alcoholic beverage control law as if such section had not 41 been repealed.