Bill Text: NY S05295 | 2011-2012 | General Assembly | Amended

---

Bill Title: Authorizes the issuance of a temporary retail permit to sell alcoholic beverages upon premises for which the applicant has applied for a license, when such applicant holds one or more licenses for other premises upon which alcoholic beverages are sold at retail, and the applicant has not had any violations of law, rules or regulations upon such other premises for two calendar years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-11 - referred to economic development [S05295 Detail]

Download: New_York-2011-S05295-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5295--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations -- recommitted to the Committee on Investigations  and
         Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         temporary retail permits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of section 97-a of the alcoholic beverage
    2  control law is amended by adding a new paragraph (c) to read as follows:
    3    (C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  SUBDIVISION,  TO
    4  THE  APPLICANT  FOR  A  NEW RETAIL LICENSE WHEN SUCH APPLICANT CURRENTLY
    5  HOLDS ONE OR MORE RETAIL LICENSES, AND HAS NOT VIOLATED  THE  PROVISIONS
    6  OF  THIS  CHAPTER  OR  ANY RULES OR REGULATIONS ADOPTED PURSUANT THERETO
    7  WITHIN THE TWO CALENDAR YEARS IMMEDIATELY PRECEDING  THE  DATE  OF  SUCH
    8  APPLICATION FOR A NEW RETAIL LICENSE.  SUCH PERMIT SHALL BE ISSUED WITH-
    9  IN  FOURTEEN  DAYS  OF  AN APPLICANT MEETING THE CONDITIONS SET FORTH IN
   10  SUBDIVISION TWO OF THIS SECTION.
   11    S 2. Paragraph (c) of subdivision 1 of section 97-a of  the  alcoholic
   12  beverage control law, as added by section one of this act, is relettered
   13  paragraph (b).
   14    S  3.  Subdivision 4 of section 97-a of the alcoholic beverage control
   15  law, as added by chapter 396 of the laws of 2010, is amended to read  as
   16  follows:
   17    4.  A temporary retail permit issued by the authority pursuant to this
   18  section shall be for a period not to exceed ninety days. [A] SUCH tempo-
   19  rary permit may be extended at the discretion of the authority,  for  an
   20  additional  thirty  day  period  upon  payment  of  an additional fee of
   21  sixty-four dollars for all retail beer licenses and  ninety-six  dollars
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11442-04-2
       S. 5295--A                          2
    1  for  all other temporary permits and upon compliance with all conditions
    2  required in this section. The authority may, in  its  discretion,  issue
    3  additional  thirty  day  extensions upon payment of the appropriate fee.
    4  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION, A TEMPO-
    5  RARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO PARAGRAPH (C)  OF
    6  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE VALID UNTIL THE AUTHORITY
    7  EITHER APPROVES OR DENIES THE APPLICATION FOR A NEW RETAIL LICENSE.
    8    S 4. Subdivision 4 of section 97-a of the alcoholic  beverage  control
    9  law,  as  amended  by  section  three  of this act is amended to read as
   10  follows:
   11    4. A temporary retail permit issued by the authority pursuant to  this
   12  section  shall be for a period not to exceed ninety days. Such temporary
   13  permit may be extended at the discretion of the authority, for an  addi-
   14  tional thirty day period upon payment of an additional fee of sixty-four
   15  dollars  for  all  retail  beer  licenses and ninety-six dollars for all
   16  other temporary permits and upon compliance with all conditions required
   17  in this section. The authority may, in its discretion, issue  additional
   18  thirty  day  extensions  upon  payment of the appropriate fee.  Notwith-
   19  standing the foregoing  provisions  of  this  subdivision,  a  temporary
   20  retail permit issued by the authority pursuant to paragraph [(c)] (B) of
   21  subdivision  one  of  this  section  shall  be valid until the authority
   22  either approves or denies the application for a new retail license.
   23    S 5. This act shall take effect immediately;  provided  that  sections
   24  two and four of this act shall take effect on the same date as paragraph
   25  (b)  of  subdivision 1 of section 97-a of the alcoholic beverage control
   26  law is repealed pursuant to section 5 of chapter  396  of  the  laws  of
   27  2010, as amended.