Section 97-A. Temporary retail permit  


Latest version.
  • 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.