N.Y. Alcoholic Beverage Control Law § 97-d: Temporary wholesale permit

§ 97-d. Temporary wholesale permit. 1. Any person may apply to the

liquor authority for a temporary permit to operate any alcoholic

beverage wholesale facility as may be licensed under this chapter. Such

application shall be in writing and verified and shall contain

information as the liquor authority shall require. Such application

shall be accompanied by a check or draft in the amount of one hundred

twenty-five dollars for such permit.

2. Upon application, the liquor authority may issue such temporary

permit when:

(a) the applicant has a wholesale license application at the same

premises pending before the liquor authority, together with all required

filing and license fees;

(b) the applicant has obtained and provided evidence of all permits,

licenses and other documents necessary for the operation of such a

business; and

(c) any current license in effect at the premises has been surrendered

or placed in safekeeping, or has been deemed abandoned by the authority.

3. The liquor authority in granting such permit shall ensure that:

(a) issuance of the permit will not inordinately hinder the operation

or effective administration of this chapter;

(b) the applicant would in all likelihood be able to ultimately obtain

the wholesale license being applied for; and

(c) the applicant has substantially complied with the requirements

necessary to obtain such license.

4. The application for a permit shall be approved or denied by the

liquor authority within forty-five days after the receipt of such

application.

5. A temporary permit shall authorize the permittee to operate a

wholesale facility for the purchase, warehousing, and sale of alcoholic

beverages according to the laws applicable to the type of wholesale

license being applied for.

6. Such temporary permit shall remain in effect for six months or

until the wholesale license being applied for is approved and the

license granted, whichever is shorter. Such permit may be extended at

the discretion of the liquor authority for additional three-month

periods of time upon payment of an additional fee of fifty dollars for

each such extension.

7. Notwithstanding any provision of law to the contrary, a temporary

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

the liquor authority determines that good cause for cancellation or

suspension exists. The liquor authority shall promptly notify the

permittee in writing of such cancellation or suspension and shall set

forth the reasons for such action.

8. The liquor authority in reviewing such application shall review the

entire record and grant the temporary permit unless good cause is

otherwise shown. A decision on an application shall be based on

substantial evidence in the record and supported by a preponderance of

the evidence in favor of the applicant.