§ 97-a. Temporary retail permit. 1. The authority is hereby authorized\nto issue a temporary retail permit:\n (a) to the transferee of a retail license to continue the operations\nof a retail premises during the period that the transfer application for\nthe license from person to person at the same premises is pending; or\n * (b) to the applicant for a new retail license.\n * NB Repealed October 12, 2027\n 2. Such a permit may be issued if all of the following conditions are\nmet:\n (a) the applicant for the temporary permit shall have filed with the\nauthority an application for a retail license at such premises, together\nwith all required filing and license fees;\n (b) the applicant shall have filed with the authority an application\nfor a temporary retail permit, accompanied by a nonrefundable filing fee\nof one hundred twenty-eight dollars for all retail beer licenses or six\nhundred forty dollars for all other retail licenses;\n (c) in the case of a transfer application, the premises shall have\nbeen operated under a retail license within thirty days of the date of\nfiling the application for a temporary permit;\n (d) at the time the permit is issued the current license, if any, in\neffect for said premises shall have been surrendered to, placed into\nsafekeeping with, or otherwise deemed abandoned by the authority.\n 3. A temporary retail permit under paragraph (b) of subdivision one of\nthis section may not be issued for any premises that is subject to the\nprovisions of section sixty-three or seventy-nine of this chapter; a\ntemporary retail permit under paragraph (b) of subdivision one of this\nsection shall not be issued for a premises subject to the provisions of\nparagraph (b) of subdivision seven of section sixty-four, subparagraph\n(ii) of paragraph (a) of subdivision seven of section sixty-four-a,\nsubparagraph (ii) of paragraph (a) of subdivision eleven of section\nsixty-four-c, or paragraph (b) of subdivision eight of section\nsixty-four-d, unless and until a recommendation that there be a finding\nof public interest has been made by an administrative law judge pursuant\nto paragraph (f) of subdivision seven of section sixty-four, paragraph\n(d) of subdivision seven of section sixty-four-a, paragraph (c) of\nsubdivision five of section sixty-four-b, paragraph (c) of subdivision\neleven of section sixty-four-c, or paragraph (e) of subdivision eight of\nsection sixty-four-d of this chapter. Provided however, any premises\ngranted a temporary retail permit pursuant to this subdivision in a city\nwith a population of one million or more people shall only be allowed to\noperate on the premises under the following conditions: the closing time\nany day of the week shall be no later than midnight; provided however\nthat the closing time of any outdoor space shall be no later than ten\no'clock post-meridian Sunday through Thursday and eleven o'clock\npost-meridian Friday and Saturday; no outdoor music; indoors shall have\nrecorded background music only, with no live music, DJ's, karaoke, or\nsimilar forms of music; and no dancing. The authority shall\nautomatically lift such restrictions if the authority issues a retail\nlicense for the premises, and replace such restrictions with other\nrestrictions, if any, imposed by the authority in accordance with the\npublic interest standard. Further provided however, a temporary retail\npermit may not be issued pursuant to this subdivision in a city with a\npopulation of one million or more people if a retail license at the\nlocation was canceled, suspended or revoked by the authority for two\nconsecutive licensees at such location. The foregoing restriction on the\nissuance of a temporary retail permit pursuant to this subdivision in a\ncity with a population of one million or more people if a retail license\nat the location was canceled, suspended or revoked by the authority for\ntwo consecutive licensees at such location shall not apply to any\nlocation at which an
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