2022 New York Laws
ABC - Alcoholic Beverage Control
Article 7 - Special Permits
97-C - Temporary Manufacturing Permit.

§ 97-c. Temporary manufacturing permit. 1. Any person may apply to the
liquor  authority  for  a  temporary  permit  to  operate  any alcoholic
beverage manufacturing facility as may be licensed under  this  chapter.
Such  application  shall  be  in  writing and verified and shall contain
information as the liquor  authority  shall  require.  Such  application
shall  be  accompanied  by a check or draft in the amount of one hundred
twenty-five dollars for such permit.
  2. Upon application, the liquor authority  may  issue  such  temporary
permit when:
  (a)  the applicant has a manufacturing license application at the same
premises pending before the liquor authority, together with all required
filing and license fees; and
  (b) the applicant has obtained and provided evidence of  all  permits,
licenses  and  other  documents  necessary  for  the operation of such a
business; and
  (c) any current license in effect at the premises has been surrendered
or placed in safekeeping, or has been deemed abandoned by the authority.
  3. The liquor authority in granting such permit shall ensure that:
  (a) issuance of the permit will not inordinately hinder the  operation
or effective administration of this chapter; and
  (b) the applicant would in all likelihood be able to ultimately obtain
the manufacturing license being applied for; and
  (c)  the  applicant  has  substantially complied with the requirements
necessary to obtain such license.
  4. The application for a permit shall be approved  or  denied  by  the
liquor  authority  within  forty-five  days  after  the  receipt of such
application.
  5. A temporary permit shall  authorize  the  permittee  to  operate  a
manufacturing  facility  for  the  manufacture  and  sale  of  alcoholic
beverages according to the laws applicable to the type of  manufacturing
license being applied for.
  6.  Such  temporary  permit  shall  remain in effect for six months or
until the manufacturing license being applied for is  approved  and  the
license  granted,  whichever  is shorter. Such permit may be extended at
the discretion  of  the  liquor  authority  for  additional  three-month
periods  of  time upon payment of an additional fee of fifty dollars for
each such extension.
  7. Notwithstanding any provision of law to the contrary,  a  temporary
permit may be summarily cancelled or suspended at any time if the liquor
authority  determines  that  good  cause  for cancellation or suspension
exists. The liquor authority shall  promptly  notify  the  permittee  in
writing  of  such  cancellation  or  suspension  and shall set forth the
reasons for such action.
  8. The liquor authority in reviewing such application shall review the
entire record and grant  the  temporary  permit  unless  good  cause  is
otherwise  shown.  A  decision  on  an  application  shall  be  based on
substantial evidence in the record and supported by a  preponderance  of
the evidence in favor of the applicant.