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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8427--A

                               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 -- 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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13702-02-4
        A. 8427--A                          2

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