2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 7 - (90 - 99-G) 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    * NB Repealed October 12, 2014
    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.