Bill S6709-2011

Extends effectiveness of provisions relating to liquidators' permits and temporary retail permits

Extends effectiveness of provisions relating to liquidators' permits and temporary retail permits.

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  • Mar 12, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S6709

TITLE OF BILL:

An act to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof

PURPOSE:

This bill would extend for one year the State Liquor Authority's ("SLA") power to issue temporary permits to certain retail applicants while they await a full review of their license applications.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Chapter 396 of the Laws of 2010, as amended by Chapter 442 of the Laws of 2011, by extending the expiration date of Alcohol Beverage Control Law ("ABCL") §97-a(I) (b) from October 12, 2012 until October 12, 2013.

Section 2 of the bill provides for an effective date.

EXISTING LAW:

ABCL § 97-a empowers the SLA to issue temporary permits to applicants who buy a retail business that is currently licensed to operate while such application is pending. Chapter 396 of the Laws of 2010 further authorized the SLA, for one year, to issue temporary permits to certain other retail applicants for locations that are not currently licensed. This authority was extended for an additional year by Chapter 442 of the Laws of 2011 until October, 2012.

PRIOR LEGISLATIVE HISTORY:

This bill would extend an amendment to ABCL § 97-a that was added by Chapter 396 of the Laws of 2010 and was previously extended by Chapter 442 of the Laws of 2011.

STATEMENT IN SUPPORT:

Extending the law for an additional year will allow the SLA to continue to issue temporary retail permits to applicants outside of New York City who would otherwise be ineligible for such permits. With these permits, new business owners can open their retail businesses while they await a full review of their applications and issuance of their licenses. This benefits entrepreneurs who must make mortgage or rental payments on their retail premises while awaiting approval of their license applications. The SLA retains its power to summarily suspend or cancel the permits for good cause.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6709 IN SENATE March 12, 2012 ___________
Introduced by Sen. MARCELLINO -- (at request of the State Liquor Author- ity) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Investigations and Government Operations AN ACT to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5 of chapter 396 of the laws of 2010, amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, as amended by chapter 442 of the laws of 2011, is amended to read as follows: 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 October 12, [2012] 2013. S 2. This act shall take effect immediately.

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