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History
- Referred to investigations and government operations
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.413
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to temporary transfer retail permits
In Assembly Committee · Economic Development · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to temporary transfer retail permits
Purpose or general idea of bill
The purpose of this legislation is to ensure that any outstanding obligations of a license holder are satisfied prior to the transfer of an existing liquor license from one retail licensee to another.
Summary of specific provisions
Section one. This bill amends Section 97-a of the alcohol beverage control law to more clearly designate a temporary retail permit from a temporary transfer permit which is issued when an existing facility changes hands and allows the new licensee to continue operating the retail facility pending the final license approval when certain conditions are met. The bill also adds a new paragraph d to specify that the holder of a retail license must have either paid all outstanding debt to wholesalers at the time of surrendering his license to the state liquor authority or must have provided proof of payment to wholesalers or have certified the amounts due and placed these funds in escrow, pending issuance of the temporary permit. The authority is granted the ability to revoke a temporary transfer license should there be a failure to make payment of outstanding debts.
Justification
In the last several years the state liquor authority has been experiencing a long delay in their approval of license applications. This delay can take up to six months or more and often results in a situation where a retail licensee, who must rent the licensed premises prior to submitting a license application, is unable to earn necessary income to support the business while the application is pending. 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 business up and running and the local economy would benefit from the increased economic activity. The bill ensures that prior license operators are not able to transfer or change the controlling interest in their license until the existing licensee has paid all outstanding debts to liquor wholesalers prior to the license transfer.
Prior legislative history
None.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.