New York Alcoholic Beverage Control Law
1. (a) No alcoholic beverage shall be stored or kept in or upon any premises which shall not be duly licensed as provided for in this chapter, provided, however, that the liquor authority may issue a permit in such form as prescribed by its rules, for the storage of alcoholic beverages in other than licensed premises, except that no such permit shall be issued to any person licensed pursuant to the provisions of section fifty-four or fifty-four-a of this article, nor shall any such person licensed pursuant to the provisions of section fifty-four or fifty-four-a of this article store or cause to be stored any alcoholic beverages in other than its licensed premises.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, a person licensed pursuant to section fifty-four or fifty-four-a of this article may be issued a permit pursuant to this section for the storage of a private label brand or brands of beer for which the licensee is the registered owner or for a brand or brands of beer of which the licensee is the exclusive retail seller in the state.
2. The authority is hereby empowered upon application therefor to issue a special retail warehouse permit for the storage of beer. Such permit may be issued to a person licensed pursuant to section fifty-four or section fifty-four-a of this article on an annual basis and shall be issued in such form as prescribed by the rules of the authority for the storage of beer in other than such licensee’s licensed premises. No more than five such permits may be issued by the authority on a statewide basis at any time and such permits may only be issued to persons who own licensed premises having no more than twenty-five hundred square feet of retail space per each such premises and employing no more than five people on each premises during any period of operation.
3. Such permit shall be issued for the calendar year and the fee therefor shall be at the rate of two hundred fifty-six dollars per annum, except that where the application shall be filed after July first in any year the fee shall be one hundred twenty-eight dollars for the remainder of such period.