Assembly Bill A8427A

Signed By Governor
2023-2024 Legislative Session

Eliminates the two year restriction on temporary retail permits for applications subject to the 500 foot law

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • 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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Bill Amendments

2023-A8427 - Details

See Senate Version of this Bill:
S8203
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97-a, ABC L

2023-A8427 - Summary

Eliminates the two year restriction on temporary retail permits for applications subject to the 500 foot law; provides that a temporary retail permit may not be issued 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.

2023-A8427 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8427
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   expanding  the availability of temporary retail permits by eliminating
   the two year restriction on temporary retail permits for  applications
   subject to the 500 foot law

   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, 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  subdivi-
 sion  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:  [an  active
 retail  license  shall  have existed at the location within the past two

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13702-01-3

co-Sponsors

2023-A8427A (ACTIVE) - Details

See Senate Version of this Bill:
S8203
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97-a, ABC L

2023-A8427A (ACTIVE) - Summary

Eliminates the two year restriction on temporary retail permits for applications subject to the 500 foot law; provides that a temporary retail permit may not be issued 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.

2023-A8427A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8427--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Economic Development -- recommitted to the Committee on Econom-
   ic Development in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   expanding  the availability of temporary retail permits by eliminating
   the two year restriction on temporary retail permits for  applications
   subject to the 500 foot law
 
   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, 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  subdivi-
 sion  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13702-02-4

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