Provides for the issuance of temporary retail permits by the state liquor authority.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the issuing of temporary retail permits; and to repeal section 97-a of such law relating thereto
PURPOSE: To authorize the State Liquor Authority to issue temporary retail permits under certain circumstances.
SUMMARY OF PROVISIONS:
Section one - authorized the liquor authority to issue a temporary retail permit to: the transferee of a retail license to continue the operations of a retail premises during the period a transfer application for the license from person to person at the same premises is pending; or to an applicant for a premises that is not licensed in a municipality with a population of less than one million.
The permit shall be issued if all of the following conditions are met:
1) the applicant for the temporary retail permit shall have filed with the authority an application for a retail license at such premises, together with all required filing and license fees;
2) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of either one hundred twenty-eight dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses;
3) 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; and
4) in the case of a transfer application, the current license in effect at said premises must be surrendered or placed in safekeeping with the authority.
The temporary permit shall be issued for a period not to exceed ninety days, however it may be extended at the discretion of the authority for an additional thirty days. In addition, the holder of the temporary permit is required to pay in currency or cash on or before delivery. The authority also has the ability to cancel or suspend such temporary permit at any time for good cause and shall notify the holder in writing.
Section two - contains the effective date.
JUSTIFICATION: It has been well documented that there is an extremely long backlog at the State Liquor Authority (SLA) in regard to processing liquor licenses. In some cases, the process can take as much as six months from the date the application is filed until a license is grant ed. This waiting period has hindered many restaurants, bars and convenience stores from being successful. While the 2007-08 Enacted State budget authorized the hiring of additional personnel for the express purpose of addressing this issue, those positions were not filled until early 2008. In order to ensure that businesses just starting out are not adversely impacted by this backlog, the Legislature feels it is necessary to authorize the SLA to issue a temporary retail permit to certain applicants and under specific criteria.
LEGISLATIVE HISTORY: S.284 of 2010 referred to Investigations and Government Operations
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2902 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________Introduced by Sen. MARCHIONE -- 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 the issuing of temporary retail permits; and to repeal section 97-a of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 A TRANSFER APPLICATION FOR THE LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR (B) TO AN APPLICANT FOR A PREMISES THAT IS NOT LICENSED IN A MUNICI- PALITY WITH A POPULATION OF LESS THAN ONE MILLION. 2. SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE APPLICANT FOR THE TEMPORARY RETAIL 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 EITHER 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; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03976-01-3 S. 2902 2
(D) IN THE CASE OF A TRANSFER APPLICATION, THE CURRENT LICENSE IN EFFECT AT SAID PREMISES MUST BE SURRENDERED OR PLACED IN SAFEKEEPING WITH 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 SUBDIVISION SEVEN OF SECTION SIXTY-FOUR, SUBDIVISION SEVEN OF SECTION SIXTY-FOUR-A, SUBDIVISION FIVE OF SECTION SIXTY-FOUR-B, SUBDIVISION TWELVE OF SECTION SIXTY-FOUR-C, SUBDIVISION EIGHT OF SECTION SIXTY-FOUR-D OR SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. 4. A TEMPORARY 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 ADDITIONAL THIRTY DAY PERIOD. 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 MADE; (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 ON OR BEFORE THE DAY SUCH ALCOHOLIC BEVERAGES ARE DELIVERED, PROVIDED, HOWEVER, THAT THE HOLDER OF A TEMPORARY RETAIL PERMIT WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND IS OPERATING 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 OR ONE HUNDRED ONE-AAA OF THIS CHAPTER AS TO ANY RETAIL LICENSE UNDER WHICH IT OPERATES, MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT UNDER THE TEMPORARY PERMIT. 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE AUTHORITY DETER- MINES THAT GOOD CAUSE FOR SUCH CANCELLATION OR SUSPENSION EXISTS. THE AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER OF A TEMPORARY PERMIT IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE REASONS FOR SUCH ACTION. 8. 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 2. This act shall take effect immediately.