Retail Permit

Eligibility for Temporary Retail Permits

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Eligibility for Temporary Retail Permits

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Eligibility for Temporary Retail Permits

Overview

On December 21, 2021, Governor Hochul signed into law legislation expanding the eligibility for temporary retail permits. The Governor also stated that there was an agreement with the legislature to make changes to further expand eligibility. Consistent with the Governor’s actions, below please find the new eligibility standards for temporary retail permits, which are effective immediately. As a result of these changes, the application for the temporary retail (ST) permit and the municipal notice form have been revised. Links to the new forms can also be found below.  

 

Standards

Transfer applications statewideNo changes, all applicants eligible for ST permit.
New grocery stores, drug stores and roadside farm markets outside of NYCNo changes, all applicants eligible for ST permit.
New grocery stores, drug stores and roadside farm markets within NYCApplicants now eligible, need to file ST permit application.
New package and wine stores outside of NYCNo changes, NOT eligible for ST permit.
New on-premises license that are not subject to the 500 foot law outside of NYCNo changes, all applicants eligible for ST permit.
New on-premises licenses that are not subject to the 500 foot Law within NYCApplicants now eligible, need to provide notice to Community Board (see below). 
New on-premises licenses that are subject to the 500 foot Law outside of NYCNo changes, applicants eligible for ST permit after 500’ Hearing but only if the ALJ finds public interest.
New on-premises licenses that are subject to the 500 foot Law within NYCApplicants now eligible, need to provide notice to Community Board (see below) and permit will be issued after 500’ Hearing but only if the ALJ finds public interest.

 

Restrictions

These permits are subject to the following restrictions: 

  1. there must have been a license in effect at the location within the last two years; 

  2. that license shall not have been suspended, cancelled or revoked within the last two years; 

  3. closing time no later than 12 AM any night; 

  4. any outdoor space closes at 10 PM Sundays through Thursdays and 11 PM on Fridays and Saturdays; 

  5. no outdoor music; and 

  6. recorded background music only indoors- no live music, DJs, karaoke or dancing.

 

Community Board Notice 

NYC on-premises applicants are required to notify the Community Board that it will be asking for temporary permit in addition to notifying the Community Board that it will apply for license.

The existing municipal notice has been amended to include the ST permit option so applicants can just use one form for both the license and permit.

The notice for the ST permit has the same time restrictions as the regular notice. It must be delivered in the same manner at least 30 days before (but no more than 270 days before) the ST permit application is filed.

If the application is already filed and the applicant is now requesting an ST permit, the 30 day clock will have started on the date that the notice for the license was sent to the Community Board. For example, an applicant delivered the standard notice on November 1st, then filed its license application on December 1st. Now that it is eligible for an ST, it sends the notice for the ST to the Community Board on December 31st. The 30 days for the ST notice starts on November 1st, so the ST application can be filed immediately.

 

Temporary Operating (ST) Permits