NY State Senate Bill 2023-S9203

Senate Bill S9203

2023-2024 Legislative Session

Relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits

download bill text pdf

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2024	reference changed to investigations and government operations
May 06, 2024	referred to commerce, economic development and small business

2023-S9203 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §97-a, ABC L; amd §5, Chap 396 of 2010

2023-S9203 (ACTIVE) - Summary

Relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits.

2023-S9203 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9203

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
issuance of temporary retail permits; and 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 thereof

 
PURPOSE:

This bill would ease restrictions related to the issuance of temporary
retail permits.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends subdivision 3 of section 97-a of the alcoholic bever-
age control law, removing the need for there to have been an active
retailer at the location within the previous two years but maintains the
ban on issuing a permit if a location had a license previously

suspended, canceled, or revoked in the same timeframe.

Section 2 - Amends subdivision 4 of section 97-a of the alcoholic bever-
age control law, lengthening the 30-day extension period to 90 days with
the payment of a fee.

Section 3 - Amends subdivision 6 of section 97-a of the alcoholic bever-
age control law, allowing temporary retail permit holders to purchase
alcohol on credit.

Section 4 - Amends the alcoholic beverage control law to permanently
extend the SLA's authority to issue temporary retail permits.

Section 5 - Effective date.

 
JUSTIFICATION:

Applicants for retail licenses to sell alcohol for on-premises consump-
tion typically rely on temporary permits issued by the SLA in order to
get their establishments up and running quicker as they await the issu-
ance of a full license, which often takes many months due to administra-
tive backlogs. Easing some of the limitations associated with being
awarded these permits will help more retailers get on firm footing in
accordance with their business plans.

 
FISCAL IMPACT ON THE STATE:

Potentially greater tax revenue.

 
LEGISLATIVE HISTORY:

New bill that incorporates the Executive's proposed FY 24 State Budget
language found within PPGG Part O.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
two of this act shall take effect on the ninetieth day after it shall
have become a law.

2023-S9203 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9203
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   issuance of temporary retail permits; and 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 thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 97-a  of  the  alcoholic  beverage
 control  law,  as amended by chapter 106 of the laws of 2022, is amended
 to read as follows:
   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 OF THIS CHAPTER, 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, para-
 graph (c) of subdivision five of section sixty-four-b, paragraph (c)  of
 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi-
 sion  eight  of  section sixty-four-d of this chapter. Provided however,
 any premises granted a temporary retail permit pursuant to this subdivi-
 sion in a city with a population of one million  or  more  people  shall
 only  be  allowed  to operate on the premises under the following condi-
 tions: [an active] NO retail license [shall have existed] at the APPLIED
 FOR location [within the past two years, and such license]  shall  [not]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15335-01-4
 S. 9203                             2
 
 have  been  canceled,  suspended, or revoked by the authority within the
 past two years; 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 authori-
 ty  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.
   § 2. Subdivision 4 of section 97-a of the alcoholic  beverage  control
 law,  as added by chapter 396 of the laws of 2010, is amended to read as
 follows:
   4. A temporary retail permit issued by the authority pursuant to  this
 section  shall  be  for  a period not to exceed ninety days. A temporary
 permit may be extended at the discretion of the authority, for an  addi-
 tional  [thirty]  NINETY 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] NINETY day extensions upon payment of the appropri-
 ate fee.
   § 3. Subdivision 6 of section 97-a of the alcoholic  beverage  control
 law,  as added by chapter 396 of the laws of 2010, is amended to read as
 follows:
   6. The holder of a temporary retail permit shall  [purchase  alcoholic
 beverages only by payment in currency or check for such alcoholic bever-
 ages  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  oper-
 ating 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 tempo-
 rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND  ONE  HUNDRED
 ONE-AAA OF THIS CHAPTER.
   §  4.  Section 5 of chapter 396 of the laws of 2010 amending the alco-
 holic beverage control law relating to liquidator's permits  and  tempo-
 rary  retail permits, as amended by section 1 of part K of chapter 55 of
 the laws of 2024, is amended to read as follows:
   § 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, 2025].
   §  5.  This act shall take effect immediately; provided, however, that
 section two of this act shall take effect on the ninetieth day after  it
 shall have become a law.

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