Bill Text: NY A08174 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8174 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A08174 Detail]

Download: New_York-2013-A08174-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8174
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 18, 2013
                                      ___________
       Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
         Committee on Economic Development
       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:
    1    Section 1. Subdivision 1 of section 97-a  of  the  alcoholic  beverage
    2  control law is amended by adding a new paragraph (c) to read as follows:
    3    (C)  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SUBDIVISION, TO
    4  THE APPLICANT FOR A NEW RETAIL LICENSE  WHEN  SUCH  APPLICANT  CURRENTLY
    5  HOLDS  ONE  OR MORE RETAIL LICENSES, AND HAS NOT VIOLATED THE PROVISIONS
    6  OF THIS CHAPTER OR ANY RULES OR  REGULATIONS  ADOPTED  PURSUANT  THERETO
    7  WITHIN  THE  TWO  CALENDAR  YEARS IMMEDIATELY PRECEDING THE DATE OF SUCH
    8  APPLICATION FOR A NEW RETAIL LICENSE.  SUCH PERMIT SHALL BE ISSUED WITH-
    9  IN FOURTEEN DAYS OF AN APPLICANT MEETING THE  CONDITIONS  SET  FORTH  IN
   10  SUBDIVISION TWO OF THIS SECTION.
   11    S  2.  Paragraph (c) of subdivision 1 of section 97-a of the alcoholic
   12  beverage control law, as added by section one of this act, is relettered
   13  paragraph (b).
   14    S 3. Subdivision 4 of section 97-a of the alcoholic  beverage  control
   15  law,  as added by chapter 396 of the laws of 2010, is amended to read as
   16  follows:
   17    4. A temporary retail permit issued by the authority pursuant to  this
   18  section shall be for a period not to exceed ninety days. [A] SUCH tempo-
   19  rary  permit  may be extended at the discretion of the authority, for an
   20  additional thirty day period  upon  payment  of  an  additional  fee  of
   21  sixty-four  dollars  for all retail beer licenses and ninety-six dollars
   22  for all other temporary permits and upon compliance with all  conditions
   23  required  in  this  section. The authority may, in its discretion, issue
   24  additional thirty day extensions upon payment of  the  appropriate  fee.
   25  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION, A TEMPO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07310-02-3
       A. 8174                             2
    1  RARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO PARAGRAPH (C)  OF
    2  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE VALID UNTIL THE AUTHORITY
    3  EITHER APPROVES OR DENIES THE APPLICATION FOR A NEW RETAIL LICENSE.
    4    S  4.  Subdivision 4 of section 97-a of the alcoholic beverage control
    5  law, as amended by section three of this act,  is  amended  to  read  as
    6  follows:
    7    4.  A temporary retail permit issued by the authority pursuant to this
    8  section shall be for a period not to exceed ninety days. Such  temporary
    9  permit  may be extended at the discretion of the authority, for an addi-
   10  tional thirty day period upon payment of an additional fee of sixty-four
   11  dollars for all retail beer licenses  and  ninety-six  dollars  for  all
   12  other temporary permits and upon compliance with all conditions required
   13  in  this section. The authority may, in its discretion, issue additional
   14  thirty day extensions upon payment of the  appropriate  fee.    Notwith-
   15  standing  the  foregoing  provisions  of  this  subdivision, a temporary
   16  retail permit issued by the authority pursuant to paragraph [(c)] (B) of
   17  subdivision one of this section  shall  be  valid  until  the  authority
   18  either approves or denies the application for a new retail license.
   19    S  5.  This  act shall take effect immediately; provided that sections
   20  two and four of this act shall take effect on the same date as paragraph
   21  (b) of subdivision 1 of section 97-a of the alcoholic  beverage  control
   22  law  is  repealed  pursuant  to  section 5 of chapter 396 of the laws of
   23  2010, as amended.