What's happening
This bill repeals and replaces section 97-a to authorize temporary retail permits for alcohol sales under specific conditions in New York.
Why it matters
Enables quicker transitions for businesses. By authorizing temporary retail permits during license transfers or for new applicants in most municipalities, the bill helps businesses avoid long shutdowns while waiting for full license approval, reducing financial losses and service gaps.
Sets clear eligibility and safeguards. The amendment introduces specific conditions (such as recent prior operation and surrender of existing licenses for transfers) to prevent misuse, and excludes certain high-risk or specially regulated premises, maintaining public safety and compliance.
Limits and oversight on temporary permits. Temporary permits are valid for up to 90 days, extendable by 30 days, and can be cancelled or suspended at any time for good cause, giving the state continued control over alcohol sales during the interim period.
Clarifies rights and payment terms. Holders of temporary permits may only sell to consumers (not for resale), and generally must pay for alcoholic beverages on delivery—except for established licensees in good standing, helping to prevent credit abuses and ensuring responsible business practices.
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Who cares
Headline styles
Allow Temporary Liquor Permits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
817
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to the issuing of temporary retail permits; and to repeal section 97-a of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 97-a of the alcoholic beverage control law is REPEALED and a new section 97-a is added to read as follows:
§ 97-a. Temporary retail permit. 1. The authority is hereby authorized to issue a temporary retail permit:
(a) to the transferee of a retail license to continue the operations of a retail premises during the period a transfer application for the license from person to person at the same premises is pending; or
(b) to an applicant for a premises that is not licensed in a municipality with a population of less than one million.
2. Such a permit may be issued if all of the following conditions are met:
(a) The applicant for the temporary retail permit shall have filed with the authority an application for a retail license at such premises, together with all required filing and license fees;
(b) The applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of either one hundred twenty-eight dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses;
(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; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06516-01-9
S. 817 2
(d) In the case of a transfer application, the current license in effect at said premises must be surrendered or placed in safekeeping with 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 subdivision seven of section sixty-four, subdivision seven of section sixty-four-a, subdivision five of section sixty-four-b, subdivision twelve of section sixty-four-c, subdivision eight of section sixty-four-d or subdivision three of section one hundred five of this chapter.
4. A temporary permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an additional thirty day period.
5. A temporary retail permit is a conditional permit and authorizes the holder thereof:
(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 made;
(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
(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 on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary retail permit 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 or one hundred one-aaa of this chapter as to any retail license under which it operates, may purchase alcoholic beverages on credit under the temporary permit.
7. Notwithstanding any other provision of law, a temporary 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 permit in writing of such cancellation or suspension and shall set forth the reasons for such action.
8. 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to the issuing of temporary retail permits; and to repeal section 97-a of such law relating thereto
Purpose or general idea of bill
To authorize the State Liquor Authority to issue temporary retail permits under certain circumstances.
Summary of specific provisions
Section 1 - authorized the liquor authority to issue a temporary retail permit to: the transferee of a retail license to continue the operations of a retail premises during the period a transfer application for the license from person to person at the same premises is pending; or to an applicant for a premises that is not licensed in a municipality with a population of less than one million.
The permit shall be issued if all of the following conditions are met:
1) the applicant for the temporary retail 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) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of either one hundred twenty-eight dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses;
3) 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; and
4) in the case of a transfer application, the current license in effect at said premises must be surrendered or placed in safekeeping with the authority
The temporary permit shall be issued for a period not to exceed ninety days, however it may be extended at the discretion of the authority for an additional thirty days. In addition, the holder of the temporary permit is required to pay in currency or cash on or before delivery. The authority also has the ability to cancel or suspend such temporary permit at any time for good cause and shall notify the holder in writing
Section 2 - contains the effective date.
Justification
It has been well documented that there is an extremely long backlog at the State Liquor Authority (SLA) in regard to processing liquor licenses. In some cases, the process can take as much as six months from the date the application is filed until a license is granted. This wait- ing period has hindered many restaurants, bars and convenience stores from being successful. While the 2007-08 Enacted State budget authorized the hiring of additional personnel for the express purpose of addressing this issue, those positions were not filled until early 2008. In order to ensure that businesses just starting out are not adversely impacted by this backlog, the Legislature feels it is necessary to authorize the SLA to issue a temporary retail permit to certain applicants and under specific criteria.
Prior legislative history
2018: S.5864 - Referred to Investigations & Governmental Operations 2017: S.5864 - Referred to Investigations & Governmental Operations 2016: A.4748 - Referred to Economic Development 2015: A.4748 - Referred to Economic Development 2014: S.2902 - Referred to Investigations & Government Operations / A.4032 - Referred to Economic Development 2013: S.2902 - Referred to Investigations & Government Operations / A.4032 - Referred to Economic Development 2012: A.5570 - Referred to Economic Development 2011: A.5570 - Referred to Economic Development
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
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