NY Alcoh Bev Ctrl L § 97-A (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 7 - Special Permits 97-A - Temporary Retail Permit.

§ 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 that the transfer application for the license from person to person at the same premises is pending; or   * (b) to the applicant for a new retail license where the  prospective licensed premises is located in a municipality with a population of less than one million during the period that the application is pending.   * NB Repealed October 12, 2022   2.  Such a permit may be issued if all of the following conditions are met:  (a) the applicant for the temporary 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 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;  (d)  at  the time the permit is issued the current license, if any, in effect for said premises shall have been  surrendered  to,  placed  into safekeeping with, or otherwise deemed abandoned by 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 section sixty-three, paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph  (a)  of  subdivision seven  of  section  sixty-four-a,  subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, paragraph (b) of subdivision eight of section sixty-four-d, or section seventy-nine of this chapter.   4. A temporary retail 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 in this section. The authority may, in  its  discretion,  issue additional thirty day extensions upon payment of the appropriate fee.   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 filed;  (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 for such alcoholic beverages on or before the day such alcoholic beverages  are  delivered, provided, however, that the holder of a temporary permit issued pursuant to  this  section  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 of this chapter as to any  retail  license  under  which  he  operates,  may  purchase alcoholic beverages on credit under the temporary permit.   7.  Notwithstanding  any  other  provision  of law, a temporary retail 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 retail permit in writing of such cancellation or  suspension  and  shall set forth the reasons for such action.   8. The 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.