Bill S5295A-2011

Authorizes the issuance of a temporary retail permit to sell alcoholic beverages to certain applicants who hold licenses for other premises selling such beverages

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.

Details

Actions

  • Jun 11, 2012: referred to economic development
  • Jun 11, 2012: DELIVERED TO ASSEMBLY
  • Jun 11, 2012: PASSED SENATE
  • Jun 4, 2012: ADVANCED TO THIRD READING
  • May 31, 2012: 2ND REPORT CAL.
  • May 30, 2012: 1ST REPORT CAL.955
  • Mar 5, 2012: REPORTED AND COMMITTED TO FINANCE
  • Feb 6, 2012: PRINT NUMBER 5295A
  • Feb 6, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 15, 2011: referred to economic development
  • Jun 15, 2011: DELIVERED TO ASSEMBLY
  • Jun 15, 2011: PASSED SENATE
  • Jun 15, 2011: ORDERED TO THIRD READING CAL.1287
  • Jun 15, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 3, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Mar 5, 2012
Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Peralta
Ayes W/R (1): Squadron
Nays (1): Diaz

Memo

BILL NUMBER:S5295A

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: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5295--A 2011-2012 Regular Sessions IN SENATE 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: 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. 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.

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