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.

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S2584-2013 Actions

• May 22, 2013: referred to economic development
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 21, 2013: ORDERED TO THIRD READING CAL.725
• May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 7, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 22, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S2584-2013 Meetings

Investigations and Government Operations: May 7, 2013, Rules: May 21, 2013

S2584-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 22, 2013

S2584-2013 Votes

S2584-2013 Memo

BILL NUMBER:S2584

TITLE OF BILL:
An act
to amend the alcoholic
beverage control law, in relation to temporary
retail permits

PURPOSE:
Allows businesses who have clean records in the sale of alcohol for
two or more years to obtain a temporary alcohol permit with two weeks
of the application.

SUMMARY OF PROVISIONS:

Section One - amends section 97-a of the alcoholic beverage control
law to add a new paragraph (b) to allow an applicant for a new retail
license that currently holds one or more retail licenses, and has not
violated the provisions of this chapter or title 9 of the New York
Codes, Rules and Regulations within the two calendar years preceding
application for such permit.

Section One - provides the permit shall be issued within fourteen days
of an applicant meeting the conditions set forth in subdivision two
of this section. forms necessary to implement the provisions of this
act, on its effective date, on or before such date.

Section Two - adds this temporary retail permit issued by the
authority pursuant to paragraph (c) of subdivision one of this
section shall be valid until the authority, pursuant to an
application for a retail license, either issues or denies said license.

Section Three - provides this act shall take effect immediately.

JUSTIFICATION:
Even if retailers have a spotless record, these businesses can
sometimes wait months for an additional license, causing a hardship
on their business.

This legislation will allow responsible businesses to rewarded for
their "good behavior" and not lose businesses due to investigations
and regulations they have already gone through.

LEGISLATIVE HISTORY:
6/15/11 Referred to Economic Development
6/11/12 Referred to Economic Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2584-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2584

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 22, 2013
                                 ___________

  Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment Operations

  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:


    Section 1. Subdivision 1 of section 97-a  of  the  alcoholic  beverage
  control law is amended by adding a new paragraph (c) to read as follows:

    (C)  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SUBDIVISION, TO
  THE APPLICANT FOR A NEW RETAIL LICENSE  WHEN  SUCH  APPLICANT  CURRENTLY
  HOLDS  ONE  OR MORE RETAIL LICENSES, AND HAS NOT VIOLATED THE PROVISIONS
  OF THIS CHAPTER OR ANY RULES OR  REGULATIONS  ADOPTED  PURSUANT  THERETO
  WITHIN  THE  TWO  CALENDAR  YEARS IMMEDIATELY PRECEDING THE DATE OF SUCH
  APPLICATION FOR A NEW RETAIL LICENSE.  SUCH PERMIT SHALL BE ISSUED WITH-
  IN FOURTEEN DAYS OF AN APPLICANT MEETING THE  CONDITIONS  SET  FORTH  IN
  SUBDIVISION TWO OF THIS SECTION.
    S  2.  Paragraph (c) of subdivision 1 of section 97-a of the alcoholic
  beverage control law, as added by section one of this act, is relettered
  paragraph (b).
    S 3. Subdivision 4 of section 97-a of the alcoholic  beverage  control
  law,  as added by chapter 396 of the laws of 2010, is amended to read as
  follows:

    4. A temporary retail permit issued by the authority pursuant to  this
  section shall be for a period not to exceed ninety days. [A] SUCH tempo-
  rary  permit  may be extended at the discretion of the authority, for an
  additional 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07310-02-3

 S. 2584                             2

  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION, A TEMPO-
  RARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO PARAGRAPH (C)  OF
  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE VALID UNTIL THE AUTHORITY
  EITHER APPROVES OR DENIES THE APPLICATION FOR A NEW RETAIL LICENSE.
    S  4.  Subdivision 4 of section 97-a of the alcoholic beverage control
  law, as amended by section three of this act,  is  amended  to  read  as
  follows:

    4.  A temporary retail permit issued by the authority pursuant to this
  section shall be for a period not to exceed ninety days. Such  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.    Notwith-
  standing  the  foregoing  provisions  of  this  subdivision, a temporary
  retail permit issued by the authority pursuant to paragraph [(c)] (B) of
  subdivision one of this section  shall  be  valid  until  the  authority
  either approves or denies the application for a new retail license.
    S  5.  This  act shall take effect immediately; provided that sections
  two and four of this act shall take effect on the same date as paragraph
  (b) of subdivision 1 of section 97-a of the alcoholic  beverage  control
  law  is  repealed  pursuant  to  section 5 of chapter 396 of the laws of
  2010, as amended.