N.Y. ABC Law § 97-C

§ 97-c. Temporary manufacturing permit. 1. Any person may apply to the\nliquor authority for a temporary permit to operate any alcoholic\nbeverage manufacturing facility as may be licensed under this chapter.\nSuch application shall be in writing and verified and shall contain\ninformation as the liquor authority shall require. Such application\nshall be accompanied by a check or draft in the amount of one hundred\ntwenty-five dollars for such permit.\n 2. Upon application, the liquor authority may issue such temporary\npermit when:\n (a) the applicant has a manufacturing license application at the same\npremises pending before the liquor authority, together with all required\nfiling and license fees; and\n (b) the applicant has obtained and provided evidence of all permits,\nlicenses and other documents necessary for the operation of such a\nbusiness; and\n (c) any current license in effect at the premises has been surrendered\nor placed in safekeeping, or has been deemed abandoned by the authority.\n 3. The liquor authority in granting such permit shall ensure that:\n (a) issuance of the permit will not inordinately hinder the operation\nor effective administration of this chapter; and\n (b) the applicant would in all likelihood be able to ultimately obtain\nthe manufacturing license being applied for; and\n (c) the applicant has substantially complied with the requirements\nnecessary to obtain such license.\n 4. The application for a permit shall be approved or denied by the\nliquor authority within forty-five days after the receipt of such\napplication.\n 5. A temporary permit shall authorize the permittee to operate a\nmanufacturing facility for the manufacture and sale of alcoholic\nbeverages according to the laws applicable to the type of manufacturing\nlicense being applied for.\n 6. Such temporary permit shall remain in effect for six months or\nuntil the manufacturing license being applied for is approved and the\nlicense granted, whichever is shorter. Such permit may be extended at\nthe discretion of the liquor authority for additional three-month\nperiods of time upon payment of an additional fee of fifty dollars for\neach such extension.\n 7. Notwithstanding any provision of law to the contrary, a temporary\npermit may be summarily cancelled or suspended at any time if the liquor\nauthority determines that good cause for cancellation or suspension\nexists. The liquor authority shall promptly notify the permittee in\nwriting of such cancellation or suspension and shall set forth the\nreasons for such action.\n 8. The liquor authority in reviewing such application shall review the\nentire record and grant the temporary permit unless good cause is\notherwise shown. A decision on an application shall be based on\nsubstantial evidence in the record and supported by a preponderance of\nthe evidence in favor of the applicant.\n