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
              

 A. 8427--A                          2
 
 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
 years,  and  such  license  shall  not 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  automat-
 ically  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 AUTHOR-
 ITY 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.
   § 2. This act shall take effect immediately.