2023 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.
* NB Repealed October 12, 2025
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  or seventy-nine of this chapter; a
temporary retail permit under paragraph (b) of subdivision one  of  this
section  shall not be issued for a premises subject to the provisions of
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,   or   paragraph  (b)  of  subdivision  eight  of  section
sixty-four-d, unless and until a recommendation that there be a  finding
of public interest has been made by an administrative law judge pursuant
to  paragraph  (f) of subdivision seven of section sixty-four, paragraph
(d) of subdivision seven  of  section  sixty-four-a,  paragraph  (c)  of
subdivision  five  of section sixty-four-b, paragraph (c) of subdivision
eleven of section sixty-four-c, or paragraph (e) of subdivision eight of
section sixty-four-d of this chapter.  Provided  however,  any  premises
granted a temporary retail permit pursuant to this subdivision in a city
with a population of one million or more people shall only be allowed to
operate on the premises under the following conditions: an active retail
license  shall  have  existed at the location within the past two years,
and such license shall not have been canceled, suspended, or revoked  by
the authority within the past two years; the closing time any day of the
week  shall be no later than midnight; provided however that the closing
time  of  any  outdoor  space  shall  be  no  later  than  ten   o'clock
post-meridian  Sunday  through Thursday and eleven o'clock post-meridian
Friday and Saturday; no  outdoor  music;  indoors  shall  have  recorded
background  music  only,  with  no live music, DJ's, karaoke, or similar
forms of music; and no dancing. The authority shall  automatically  lift
such  restrictions  if  the  authority  issues  a retail license for the
premises, and replace such restrictions with other restrictions, if any,
imposed  by  the  authority  in  accordance  with  the  public  interest
standard.
3-a.  A  notice  for  a  public  hearing  pursuant to paragraph (f) of
subdivision seven of section sixty-four, paragraph  (d)  of  subdivision
seven  of  section  sixty-four-a,  paragraph  (c) of subdivision five of
section sixty-four-b, paragraph (c) of  subdivision  eleven  of  section

sixty-four-c,   or   paragraph  (e)  of  subdivision  eight  of  section
sixty-four-d of this chapter shall  also  include  notification  that  a
temporary  retail  permit may be issued to the premises by the authority
after  a  recommendation  that there be a finding of public interest has
been made in proceedings conducted pursuant to subdivision three of this
section.
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.