Governor Hochul signed legislation that allows an applicant for a new retail license   to apply for a temporary permit at the same time as it applies for the license. Except in the case of a transfer of a retail license, a temporary permit is not available to a package store because package store licenses require a finding by the State Liquor Authority of public convenience and advantage. Similarly, the temporary permit is not available to an on-premises license that is subject to the five-hundred-foot rule, until such time as an administrative law judge finds that the issuance of the license is in the public interest.   Essentially the five-hundred-foot rule requires a finding that it is in the public interest to grant another license when the proposed location of an applicant for an on-premise license is located in a city, town or village having a population of twenty thousand or more and is within five hundred feet of three or more existing premises licensed for on-premise consumption. In addition, the governor signed legislation that allows all applicants for a manufacturing license to apply for a temporary permit to operate while its application is pending.  These new permits will speed up the time it takes for new businesses to get up and running. 

Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 605 Third Avenue, New York, NY 10158.  (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com