Bill Text: NY A08427 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2024-10-09 - signed chap.426 [A08427 Detail]

Download: New_York-2023-A08427-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8427

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Subdivision 3 of section 97-a  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 106 of the laws of 2022, is amended
     3  to read as follows:
     4    3. A temporary retail permit under paragraph (b) of subdivision one of
     5  this section may not be issued for any premises that is subject  to  the
     6  provisions  of  section  sixty-three  or seventy-nine of this chapter; a
     7  temporary retail permit under paragraph (b) of subdivision one  of  this
     8  section  shall not be issued for a premises subject to the provisions of
     9  paragraph (b) of subdivision seven of section  sixty-four,  subparagraph
    10  (ii)  of  paragraph  (a)  of  subdivision seven of section sixty-four-a,
    11  subparagraph (ii) of paragraph (a)  of  subdivision  eleven  of  section
    12  sixty-four-c,  or  paragraph  (b) of subdivision eight of section sixty-
    13  four-d, unless and until a recommendation that there  be  a  finding  of
    14  public interest has been made by an administrative law judge pursuant to
    15  paragraph  (f) of subdivision seven of section sixty-four, paragraph (d)
    16  of subdivision seven of section sixty-four-a, paragraph (c) of  subdivi-
    17  sion  five  of section sixty-four-b, paragraph (c) of subdivision eleven
    18  of section sixty-four-c,  or  paragraph  (e)  of  subdivision  eight  of
    19  section  sixty-four-d  of  this  chapter. Provided however, any premises
    20  granted a temporary retail permit pursuant to this subdivision in a city
    21  with a population of one million or more people shall only be allowed to
    22  operate on the premises  under  the  following  conditions:  [an  active
    23  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
        A. 8427                             2

     1  years, and such license shall not  have  been  canceled,  suspended,  or
     2  revoked  by  the  authority within the past two years;] the closing time
     3  any day of the week shall be no later than  midnight;  provided  however
     4  that  the  closing  time of any outdoor space shall be no later than ten
     5  o'clock post-meridian Sunday through Thursday and eleven  o'clock  post-
     6  meridian  Friday  and  Saturday;  no  outdoor  music; indoors shall have
     7  recorded background music only, with no live music,  DJ's,  karaoke,  or
     8  similar  forms  of  music;  and no dancing. The authority shall automat-
     9  ically lift such restrictions if the authority issues a  retail  license
    10  for the premises, and replace such restrictions with other restrictions,
    11  if  any, imposed by the authority in accordance with the public interest
    12  standard.  Further provided however, a temporary retail permit  may  not
    13  be  issued  pursuant  to this subdivision in a city with a population of
    14  one million or more people if a  retail  license  at  the  location  was
    15  canceled,  suspended  or  revoked  by the authority within the past five
    16  years. The foregoing restriction on the issuance of a  temporary  retail
    17  permit  pursuant  to this subdivision in a city with a population of one
    18  million or more people if a retail license at the location was canceled,
    19  suspended or revoked by the authority within the past five  years  shall
    20  not  apply  to any location at which an active retail license shall have
    21  existed subsequent to a prior retail license being  canceled,  suspended
    22  or  revoked by the authority within the past five years, so long as such
    23  subsequent retail license was not canceled, suspended or revoked in  the
    24  past five years.
    25    § 2. This act shall take effect immediately.