N.Y. Alcoholic Beverage Control Law § 97-A – Temporary retail permit

1. The authority is hereby authorized to issue a temporary retail permit:
1. (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 * NB Repealed October 12, 2027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:
1. (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;
2. (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;
3. (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;
4. (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:
1. (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;
2. (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
3. (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.