Bill Text: NY A08025 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates temporary manufacturing permits for alcoholic beverage manufacturers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-18 - REFERRED TO RULES [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     2  REPEALED.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.
                                                                   LBD09257-01-9

        A. 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.
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