Relates to alcoholic beverage liquidator's permits and temporary retail permits; repealer

1 Co-sponsor

• Frank Skartados

BILL NUMBER:A9227B

Title of bill

An act to amend the alcoholic beverage control law, in relation to liquidator's permits and temporary retail permits; to repeal section 97-a of such law relating thereto; and providing for the repeal of certain provisions upon expiration thereof

Purpose of the bill

To create a temporary retail permit system within New York State's Alcoholic Beverage Control Law.

Summary of specific provisions

Section 1. Is amended to add subdivi- sion 8-b which includes information related to the number of licenses applied for and the length of time required for the approval or denial of said licenses.

Section 2. Section 97-a is repealed and a new section 97-a is added to authorize the authority to issue a temporary retail permit and spells out the guidelines under which such permits shall be issued.

Section 3. Paragraph (f) of subdivision (1) of section 99-b of the Alco- holic Beverage Control Law, as added by Chapter 486 of the Laws of 1941 is amended to include provisions that regulate when a liquidation permit shall be obtained.

Section 4. Section 3 of the Alcoholic Beverage Control Law is amended by adding a new subdivision 30-a, which defines "transfer" in relation to this law.

Section 5. Effective Date.

Justification

This legislation would create a temporary retail permit to help businesses that are just starting and normally would have to wait for the State Liquor Authority and its extremely long backlog. The current situation does not foster a climate favoring economic growth, and is even more detrimental given the declining state of the economy. The state would be collecting additional tax revenue by having the busi- ness up and running and the local economy would benefit from the increased economic activity. The bill also ensures that a licensee cannot obtain a liquidation permit, which would allow the licensee to sell its entire stock of alcoholic beverages to other licensees, if the former is considered delinquent under the provisions of section 101-aa or section 101-aaa of NYS Alcoholic Beverage Control Law.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the sixtieth day after it shall become a law, provided that sections paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section 2 of this act shall expire and be deemed repealed on year after such effective date.