Bill A9227B-2009

Relates to alcoholic beverage liquidator's permits and temporary retail permits; repealer

Relates to alcoholic beverage liquidator's permits and temporary retail permits.

Details

Actions

  • Jun 15, 2010: substituted by s6231c
  • Jun 15, 2010: rules report cal.137
  • Jun 15, 2010: reported
  • Jun 15, 2010: reported referred to rules
  • May 17, 2010: reported referred to ways and means
  • Apr 6, 2010: print number 9227b
  • Apr 6, 2010: amend (t) and recommit to codes
  • Feb 23, 2010: reported referred to codes
  • Jan 26, 2010: print number 9227a
  • Jan 26, 2010: amend and recommit to economic development
  • Jan 6, 2010: referred to economic development
  • Nov 4, 2009: referred to economic development

Memo

BILL NUMBER:A9227B

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to liquidator's permits and temporary retail permits; to repeal section 97-a of such law relating thereto; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE OF THE BILL: To create a temporary retail permit system within New York State's Alcoholic Beverage Control Law.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Is amended to add subdivision 8-b which includes information related to the number of licenses applied for and the length of time required for the approval or denial of said licenses.

Section 2. Section 97-a is repealed and a new section 97-a is added to authorize the authority to issue a temporary retail permit and spells out the guidelines under which such permits shall be issued.

Section 3. Paragraph (f) of subdivision (1) of section 99-b of the Alcoholic Beverage Control Law, as added by Chapter 486 of the Laws of 1941 is amended to include provisions that regulate when a liquidation permit shall be obtained.

Section 4. Section 3 of the Alcoholic Beverage Control Law is amended by adding a new subdivision 30-a, which defines "transfer" in relation to this law.

Section 5. Effective Date.

JUSTIFICATION: This legislation would create a temporary retail permit to help businesses that are just starting and normally would have to wait for the State Liquor Authority and its extremely long backlog. The current situation does not foster a climate favoring economic growth, and is even more detrimental given the declining state of the economy. The state would be collecting additional tax revenue by having the business up and running and the local economy would benefit from the increased economic activity. The bill also ensures that a licensee cannot obtain a liquidation permit, which would allow the licensee to sell its entire stock of alcoholic beverages to other licensees, if the former is considered delinquent under the provisions of section 101-aa or section 101-aaa of NYS Alcoholic Beverage Control Law.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall become a law, provided that sections paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section 2 of this act shall expire and be deemed repealed on year after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 9227--B 2009-2010 Regular Sessions IN ASSEMBLY November 4, 2009 ___________
Introduced by M. of A. SCHIMMINGER, SKARTADOS -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry -- recommitted to the Committee on Economic Development, Job Creation, Commerce and Industry in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- 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 liquidator's permits and temporary retail permits; to repeal section 97-a of such law relating thereto; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 17 of the alcoholic beverage control law is amended by adding a new subdivision 8-b to read as follows: 8-B. ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, THE REPORT PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION SHALL INCLUDE INFORMA- TION RELATED TO THE NUMBER OF LICENSES APPLIED FOR AND THE LENGTH OF TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE APPLIED FOR PURSUANT TO SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION SIXTY-FOUR, SECTION SEVENTY-SIX, SECTION SEVENTY-SIX-A, SECTION SEVEN- TY-SIX-C, SECTION SEVENTY-SIX-D, AND SECTION SEVENTY-SIX-F OF THIS CHAP- TER. S 2. Section 97-a of the alcoholic beverage control law is REPEALED and a new section 97-a is added to read as follows: S 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 WHERE THE PROSPECTIVE LICENSED PREMISES IS LOCATED IN A MUNICIPALITY WITH A POPULATION OF LESS THAN ONE MILLION DURING THE PERIOD THAT THE APPLICATION IS PENDING. 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, 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, PARAGRAPH (B) OF SUBDIVISION EIGHT OF SECTION SIXTY-FOUR-D, OR SECTION SEVENTY-NINE OF THIS CHAPTER. 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 ADDI- TIONAL 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 BEVER- AGES 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 OPER- ATING 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 TEMPO- RARY 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 NECES- SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. S 3. Paragraph f of subdivision 1 of section 99-b of the alcoholic beverage control law, as added by chapter 486 of the laws of 1941, is amended to read as follows: f. A licensee who is liquidating or selling [his] ITS business, or a former licensee whose license [was] HAS BEEN surrendered, REVOKED, CANCELLED or HAS expired, to sell [his] ITS entire stock of alcoholic beverages to other licensees, PROVIDED, HOWEVER, THAT NO SUCH PERMIT SHALL BE ISSUED TO A LICENSEE OR FORMER LICENSEE WHO IS DELINQUENT UNDER THE PROVISIONS OF SECTION ONE HUNDRED ONE-AA OR SECTION ONE HUNDRED ONE-AAA OF THIS CHAPTER. A FORMER LICENSEE WHOSE LICENSE HAS BEEN SURRENDERED, REVOKED, CANCELLED, OR HAS EXPIRED, MAY NOT TRANSFER ITS STOCK OF ALCOHOLIC BEVERAGES TO ANY OTHER PERSON UNLESS IT OBTAINS SUCH A PERMIT. S 4. Section 3 of the alcoholic beverage control law is amended by adding a new subdivision 30-a to read as follows: 30-A. "TRANSFER" MEANS THE ADMINISTRATIVE PROCESSES INVOLVED IN ISSU- ING A LICENSE TO A NEW APPLICANT FOR AN EXISTING LICENSED BUSINESS. TRANSFER APPLICANTS SHALL BE UNDER CONTRACT WITH THE EXISTING LICENSEE FOR PURCHASE OF THE EXISTING LICENSED BUSINESS. S 5. This act shall take effect on the sixtieth day after it shall have become a law, provided that paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section two of this act shall expire and be deemed repealed one year after such effective date.

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