Extends the effectiveness of provisions of law relating to temporary retail permits issued by the state liquor authority.
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 of certain provisions thereof
Purpose of the Bill:
This bill would extend by one year the sunset for the provision in
Section 97-a of the Alcoholic Beverage Control Law ("ABCL") that allows the State Liquor Authority ("Authority") 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, to extend by one year the sunset provision for ABCL § 97-a(1)(b) currently set to expire on October 12, 2014.
ABCL § 97-a allows the Authority to issue temporary permits to applicants for retail licenses. These permits allow applicants to operate while the application is pending. The permits can only be issued to applicants who buy a business that is currently licensed.
Chapter 396 of the Laws of 2010 added a provision, § 97-a(1)(b), that allows the Authority to issue temporary permits to certain other retail applicants for locations that are not currently licensed. The provision only applies to locations outside of the City of New York.
Section 2 of the bill would make the amendment effective immediately.
The current law will expire on October 12, 2014.
One year extenders have been passed every year since 2010. (Chapter 122 of the Laws of 2013, Chapter 141 of the Laws of 2012, and Chapter 442 of the Laws of 2011).
Statement in support:
Extension of this amendment will allow the Authority 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, applicants can open their businesses while they await a full review of their applications and issuance of their licenses. The Authority would retain its power to summarily suspend or cancel the permits for good cause.
This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6974 IN SENATE April 9, 2014 ___________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 of certain provisions 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 122 of the laws of 2013, 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,
2015. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14145-01-4