Laws of New York (Last Updated: November 21, 2014) |
ABC Alcoholic Beverage Control |
Article 7. SPECIAL PERMITS |
Section 97-A. Temporary retail permit
Latest version.
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1. The liquor authority is hereby authorized to issue a temporary retail permit to the transferee of a retail license to continue the operation of a retail premises during the period a transfer application for the license from person to person at the same premises is pending and when all the following conditions exist: (a) The premises shall have been operated under a retail license within thirty days of the date of filing the application for a temporary permit; (b) The retail license for said premises shall have been surrendered into safekeeping pursuant to rules of the authority; (c) The applicant for the temporary permit shall have filed with the authority an application for transfer of the retail license at such premises; and (d) The application for the temporary permit shall be accompanied by a nonrefundable temporary permit filing fee of one hundred twenty-eight dollars for all retail beer licenses; all other temporary permit applications shall be accompanied by a filing fee of six hundred forty dollars. 2. 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 upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof 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 transfer application has been filed; to sell such alcoholic beverages to consumers only and not for resale; and to purchase such alcoholic beverages only by payment in currency or check for such alcoholic beverages on or before they are delivered to the premises. 3. Provided, however, that the holder of a temporary permit who also holds one or more retail licenses and is operating under such retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of section one hundred one-a of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the temporary permit. 4. 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. 5. Application for a temporary permit shall be on such form as the authority shall prescribe. 6. 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.