New York Consolidated Laws, Alcoholic Beverage Control Law - ABC § 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:

3. The liquor authority in granting such permit shall ensure that:

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.