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A08427 Summary:

BILL NOA08427A
 
SAME ASSAME AS S08203
 
SPONSOREpstein
 
COSPNSR
 
MLTSPNSR
 
Amd §97-a, ABC L
 
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.
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A08427 Actions:

BILL NOA08427A
 
12/29/2023referred to economic development
01/03/2024referred to economic development
01/09/2024amend and recommit to economic development
01/09/2024print number 8427a
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A08427 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8427A
 
SPONSOR: Epstein
  TITLE OF BILL: 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   SUMMARY OF PROVISIONS: Section 1 amends subdivision 3 of section 97-a of the alcoholic beverage control law by modifying the conditions under which temporary retail permits can be granted in New York City, allowing them so long as no former licensees at the location sought by a prospective licensee had their licenses canceled, suspended, or revoked consecutively. However, if there was an intervening licensed establishment with an active retail license that was no canceled, suspended, or revoked, the restriction above does not apply.   JUSTIFICATION: Existing law restricts the Liquor Authority's ability to issue temporary retail permits to New York City applicants whose applications are subject to the 500 Foot Law in several important ways: (1) the permit may only be issued if the premises has been licensed in the past two years and the prior license was not suspended, cancelled or revoked; (2) nor may it be issued if an administrative law judge has made a recommen- dation that issuance of the license to the applicant would be in the public interest; and (3) if the permit is issued, the applicant's method of operation under the permit includes statutory limits on closing hours and the type of music that may be played. The two-year restriction was devised in late 2021, with the goal of making temporary retail permits only available to those bar and restaurant premises that were shuttered due to the pandemic, which at that point was two years old. It uniquely prejudices new construction, by making new buildings per se ineligible for temporary retail permits. It also prejudices those premises that now, four years after the pandemic began, remain vacant. The experiment of expanding availability of temporary retail permits within New York City has been a success, and given the curren t backlogs at the Liquor Authority, it is time to expand this successful program by making tempo- rary retail permits available without regard to when a premises was last licensed, if ever. This bill does not eliminate any of the other restrictions on the Liquor Authority's ability to issue temporary retail permits to New York City applicants whose applications are subject to the 500 Foot Law. This bill also amends the prohibition on the Liquor Authority's ability to issue temporary retail permits for locations in New York City where a prior license was canceled, suspended or revoked by extending the lookback period from two to five years, provided that this prohibition will not apply if a subsequent license was issued at the location and such subsequent license was not .canceled, suspended or revoked.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediate
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A08427 Text:



 
                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.
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