§ 97-A — Temporary retail permit

New York § 97-A

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 7: Special Permits

Text

§ 97-a. Temporary retail permit. 1. The authority is hereby authorized\nto issue a temporary retail permit:\n (a) to the transferee of a retail license to continue the operations\nof a retail premises during the period that the transfer application for\nthe license from person to person at the same premises is pending; or\n * (b) to the applicant for a new retail license.\n * NB Repealed October 12, 2026\n 2. Such a permit may be issued if all of the following conditions are\nmet:\n (a) the applicant for the temporary permit shall have filed with the\nauthority an application for a retail license at such premises, together\nwith all required filing and license fees;\n (b) the applicant shall have filed with the authority an application\nfor a temporary retail permit, accompanied by a nonrefundable filing fee\nof one hundred twenty-eight dollars for all retail beer licenses or six\nhundred forty dollars for all other retail licenses;\n (c) in the case of a transfer application, the premises shall have\nbeen operated under a retail license within thirty days of the date of\nfiling the application for a temporary permit;\n (d) at the time the permit is issued the current license, if any, in\neffect for said premises shall have been surrendered to, placed into\nsafekeeping with, or otherwise deemed abandoned by the authority.\n 3. A temporary retail permit under paragraph (b) of subdivision one of\nthis section may not be issued for any premises that is subject to the\nprovisions of section sixty-three or seventy-nine of this chapter; a\ntemporary retail permit under paragraph (b) of subdivision one of this\nsection shall not be issued for a premises subject to the provisions of\nparagraph (b) of subdivision seven of section sixty-four, subparagraph\n(ii) of paragraph (a) of subdivision seven of section sixty-four-a,\nsubparagraph (ii) of paragraph (a) of subdivision eleven of section\nsixty-four-c, or paragraph (b) of subdivision eight of section\nsixty-four-d, unless and until a recommendation that there be a finding\nof public interest has been made by an administrative law judge pursuant\nto paragraph (f) of subdivision seven of section sixty-four, paragraph\n(d) of subdivision seven of section sixty-four-a, paragraph (c) of\nsubdivision five of section sixty-four-b, paragraph (c) of subdivision\neleven of section sixty-four-c, or paragraph (e) of subdivision eight of\nsection sixty-four-d of this chapter. Provided however, any premises\ngranted a temporary retail permit pursuant to this subdivision in a city\nwith a population of one million or more people shall only be allowed to\noperate on the premises under the following conditions: the closing time\nany day of the week shall be no later than midnight; provided however\nthat the closing time of any outdoor space shall be no later than ten\no'clock post-meridian Sunday through Thursday and eleven o'clock\npost-meridian Friday and Saturday; no outdoor music; indoors shall have\nrecorded background music only, with no live music, DJ's, karaoke, or\nsimilar forms of music; and no dancing. The authority shall\nautomatically lift such restrictions if the authority issues a retail\nlicense for the premises, and replace such restrictions with other\nrestrictions, if any, imposed by the authority in accordance with the\npublic interest standard. Further provided however, a temporary retail\npermit may not be issued pursuant to this subdivision in a city with a\npopulation of one million or more people if a retail license at the\nlocation was canceled, suspended or revoked by the authority for two\nconsecutive licensees at such location. The foregoing restriction on the\nissuance of a temporary retail permit pursuant to this subdivision in a\ncity with a population of one million or more people if a retail license\nat the location was canceled, suspended or revoked by the authority for\ntwo consecutive licensees at such location shall not apply to any\nlocation at which an active retail license shall have existed subsequent\nto a prior retail license being canceled, suspended or revoked by the\nauthority for two consecutive licensees at such location, so long as\nsuch subsequent retail license was not canceled, suspended or revoked in\nthe past five years.\n 3-a. A notice for a public hearing pursuant to paragraph (f) of\nsubdivision seven of section sixty-four, paragraph (d) of subdivision\nseven of section sixty-four-a, paragraph (c) of subdivision five of\nsection sixty-four-b, paragraph (c) of subdivision eleven of section\nsixty-four-c, or paragraph (e) of subdivision eight of section\nsixty-four-d of this chapter shall also include notification that a\ntemporary retail permit may be issued to the premises by the authority\nafter a recommendation that there be a finding of public interest has\nbeen made in proceedings conducted pursuant to subdivision three of this\nsection.\n 4. A temporary retail permit issued by the authority pursuant to this\nsection shall be for a period not to exceed one hundred eighty days. A\ntemporary permit may be extended at the discretion of the authority, for\nan additional thirty day period upon payment of an additional fee of\nsixty-four dollars for all retail beer licenses and ninety-six dollars\nfor all other temporary permits and upon compliance with all conditions\nrequired in this section. The authority may, in its discretion, issue\nadditional thirty day extensions upon payment of the appropriate fee.\n 5. A temporary retail permit is a conditional permit and authorizes\nthe holder thereof:\n (a) in the case of a transfer application to purchase and sell such\nalcoholic beverages as would be permitted to be purchased and sold under\nthe privileges of the retail license for which the transfer application\nhas been filed;\n (b) in the case of all other retail applications, to purchase and sell\nsuch alcoholic beverages as would be permitted to be purchased and sold\nunder the privileges of the license applied for; and\n (c) to sell such alcoholic beverages to consumers only and not for\nresale.\n 6. The holder of a temporary retail permit shall purchase alcoholic\nbeverages only by payment in currency or check for such alcoholic\nbeverages on or before the day such alcoholic beverages are delivered,\nprovided, however, that the holder of a temporary permit issued pursuant\nto this section who also holds one or more retail licenses and is\noperating under such retail license or licenses in addition to the\ntemporary retail permit, and who is not delinquent under the provisions\nof section one hundred one-aa of this chapter as to any retail license\nunder which he operates, may purchase alcoholic beverages on credit\nunder the temporary permit.\n 7. Notwithstanding any other provision of law, a temporary retail\npermit may be summarily cancelled or suspended at any time if the\nauthority determines that good cause for such cancellation or suspension\nexists. The authority shall promptly notify the holder of a temporary\nretail permit in writing of such cancellation or suspension and shall\nset forth the reasons for such action.\n 8. The application for a temporary permit shall be on such form as the\nauthority shall prescribe.\n 9. Approval of, or extension of, a temporary retail permit shall not\nbe deemed as an approval of the retail application.\n 10. Notwithstanding any inconsistent provision of law to the contrary,\nthe authority may promulgate such rules and regulations as may be\nnecessary to carry out the provisions of this section.\n