N.Y. Alcoholic Beverage Control Law § 97-a: Temporary retail permit

§ 97-a. Temporary retail permit. 1. The authority is hereby authorized

to issue a temporary retail permit:

(a) to the transferee of a retail license to continue the operations

of a retail premises during the period that the transfer application for

the license from person to person at the same premises is pending; or

* (b) to the applicant for a new retail license.

* NB Repealed October 12, 2027

2. Such a permit may be issued if all of the following conditions are

met:

(a) the applicant for the temporary permit shall have filed with the

authority an application for a retail license at such premises, together

with all required filing and license fees;

(b) the applicant shall have filed with the authority an application

for a temporary retail permit, accompanied by a nonrefundable filing fee

of one hundred twenty-eight dollars for all retail beer licenses or six

hundred forty dollars for all other retail licenses;

(c) in the case of a transfer application, the premises shall have

been operated under a retail license within thirty days of the date of

filing the application for a temporary permit;

(d) at the time the permit is issued the current license, if any, in

effect for said premises shall have been surrendered to, placed into

safekeeping with, or otherwise deemed abandoned by the authority.

3. A temporary retail permit under paragraph (b) of subdivision one of

this section may not be issued for any premises that is subject to the

provisions of section sixty-three or seventy-nine of this chapter; a

temporary retail permit under paragraph (b) of subdivision one of this

section shall not be issued for a premises subject to the provisions of

paragraph (b) of subdivision seven of section sixty-four, subparagraph

(ii) of paragraph (a) of subdivision seven of section sixty-four-a,

subparagraph (ii) of paragraph (a) of subdivision eleven of section

sixty-four-c, or paragraph (b) of subdivision eight of section

sixty-four-d, unless and until a recommendation that there be a finding

of public interest has been made by an administrative law judge pursuant

to paragraph (f) of subdivision seven of section sixty-four, paragraph

(d) of subdivision seven of section sixty-four-a, paragraph (c) of

subdivision five of section sixty-four-b, paragraph (c) of subdivision

eleven of section sixty-four-c, or paragraph (e) of subdivision eight of

section sixty-four-d of this chapter. Provided however, any premises

granted a temporary retail permit pursuant to this subdivision in a city

with a population of one million or more people shall only be allowed to

operate on the premises under the following conditions: the closing time

any day of the week shall be no later than midnight; provided however

that the closing time of any outdoor space shall be no later than ten

o'clock post-meridian Sunday through Thursday and eleven o'clock

post-meridian Friday and Saturday; no outdoor music; indoors shall have

recorded background music only, with no live music, DJ's, karaoke, or

similar forms of music; and no dancing. The authority shall

automatically lift such restrictions if the authority issues a retail

license for the premises, and replace such restrictions with other

restrictions, if any, imposed by the authority in accordance with the

public interest standard. Further provided however, a temporary retail

permit may not be issued pursuant to this subdivision in a city with a

population of one million or more people if a retail license at the

location was canceled, suspended or revoked by the authority for two

consecutive licensees at such location. The foregoing restriction on the

issuance of a temporary retail permit pursuant to this subdivision in a

city with a population of one million or more people if a retail license

at the location was canceled, suspended or revoked by the authority for

two consecutive licensees at such location shall not apply to any

location at which an active retail license shall have existed subsequent

to a prior retail license being canceled, suspended or revoked by the

authority for two consecutive licensees at such location, so long as

such subsequent retail license was not canceled, suspended or revoked in

the past five years.

3-a. A notice for a public hearing pursuant to paragraph (f) of

subdivision seven of section sixty-four, paragraph (d) of subdivision

seven of section sixty-four-a, paragraph (c) of subdivision five of

section sixty-four-b, paragraph (c) of subdivision eleven of section

sixty-four-c, or paragraph (e) of subdivision eight of section

sixty-four-d of this chapter shall also include notification that a

temporary retail permit may be issued to the premises by the authority

after a recommendation that there be a finding of public interest has

been made in proceedings conducted pursuant to subdivision three of this

section.

4. A temporary retail permit issued by the authority pursuant to this

section shall be for a period not to exceed one hundred eighty days. A

temporary 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.

5. A temporary retail permit is a conditional permit and authorizes

the holder thereof:

(a) in the case of a transfer application to purchase and sell such

alcoholic beverages as would be permitted to be purchased and sold under

the privileges of the retail license for which the transfer application

has been filed;

(b) in the case of all other retail applications, to purchase and sell

such alcoholic beverages as would be permitted to be purchased and sold

under the privileges of the license applied for; and

(c) to sell such alcoholic beverages to consumers only and not for

resale.

6. The holder of a temporary retail permit shall purchase alcoholic

beverages only by payment in currency or check for such alcoholic

beverages on or before the day such alcoholic beverages are delivered,

provided, however, that the holder of a temporary permit issued pursuant

to this section who also holds one or more retail licenses and is

operating under such retail license or licenses in addition to the

temporary retail permit, and who is not delinquent under the provisions

of section one hundred one-aa of this chapter as to any retail license

under which he operates, may purchase alcoholic beverages on credit

under the temporary permit.

7. Notwithstanding any other provision of law, a temporary retail

permit may be summarily cancelled or suspended at any time if the

authority determines that good cause for such cancellation or suspension

exists. The authority shall promptly notify the holder of a temporary

retail permit in writing of such cancellation or suspension and shall

set forth the reasons for such action.

8. The application for a temporary permit shall be on such form as the

authority shall prescribe.

9. Approval of, or extension of, a temporary retail permit shall not

be deemed as an approval of the retail application.

10. Notwithstanding any inconsistent provision of law to the contrary,

the authority may promulgate such rules and regulations as may be

necessary to carry out the provisions of this section.