N.Y.
Alcoholic Beverage Control Law Section 99-B
Miscellaneous permits
1.
The liquor authority is hereby authorized to issue a permit to:a.
A sheriff, marshal, assignee for the benefit of creditors, trustee or receiver in bankruptcy, executor or administrator of an estate, to sell the stock of alcoholic beverages which came into his possession pursuant to judicial process.b.
A steamship company or company operating aircraft, or its duly authorized agent, to purchase from a manufacturer or wholesaler in this state alcoholic beverages for ship’s stores for consumption outside the territorial jurisdiction of the state, and not for purposes of resale in this state.c.
A person engaged in the manufacture of products which are unfit for beverage use and classified by the United States treasury department, as exempt from special and commodity taxes to purchase liquor, wine or beer from licensed wholesalers and manufacturers for use only in the process of manufacture of such products.d.
A fire insurance company or fire salvage company, under the supervision of the New York state department of financial services, to sell to licensees alcoholic beverages which came into its possession as a result of a fire on licensed premises.e.
A hospital, which shall mean a place for overnight care of the sick, conducted or licensed by the state or a political subdivision thereof or subject to visitation and inspection by the state board of social welfare to purchase liquor, wine or beer for medicinal use only in the treatment of bona fide patients of such hospital.f.
A licensee who is liquidating or selling its business, or a former licensee whose license has been surrendered, revoked, cancelled or has expired, to sell its entire stock of alcoholic beverages to other licensees, provided, however, that no such permit shall be issued to a licensee or former licensee who is delinquent under the provisions of section one hundred one-aa or section one hundred one-aaa of this chapter. A former licensee whose license has been surrendered, revoked, cancelled, or has expired, may not transfer its stock of alcoholic beverages to any other person unless it obtains such a permit.g.
A warehouseman, railroad company, steamship company, or other person who has acquired a lien pursuant to law for the storage or carriage of alcoholic beverages, to sell such alcoholic beverages to a licensee.i.
A bank or trust company incorporated under articles three, seven or twelve of the banking law or a foreign banking corporation licensed by superintendent of financial services of this state or a banking corporation organized under the laws of the United States and doing business in this state, to sell warehouse receipts pertaining to alcoholic beverages which it has accepted as collateral security for a loan to a licensee and which it acquired through default in the payment of such loan.j.
A person duly licensed outside the state of New York to manufacture or sell alcoholic beverages at wholesale, or his duly authorized representative, to negotiate and consummate contracts or agreements with licensed wholesalers in this state for the establishment of operating agency relationships for the sale of its products in this state.k.
A person to purchase, receive or sell alcoholic beverages or receipts, certificates, contracts or other documents pertaining to alcoholic beverages, in cases not expressly provided for by this chapter, when in the judgment of the liquor authority it would be appropriate and consistent with the purpose of this chapter.l.
(1) Licensed wineries and licensed farm wineries to sell New York state labelled wine, by the bottle, at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis.(2)
The permit shall be valid for the length of the event, but not for a period to exceed one year.(3)
No fee shall be charged for permits issued pursuant to this subdivision.m.
An institution of higher education operating under authority granted by the state education department, to deliver or cause to be delivered alcoholic beverages to a person who is at least twenty-one years of age enrolled in a single class or course of classes authorized by the institution of higher education and conducted by an instructor or instructors engaged by the institution of higher education, provided that such person’s imbibing or tasting of such alcoholic beverages is a required part of the class or course of classes, and provided that such person’s imbibing or tasting of such alcoholic beverages is only for instructional purposes. No alcoholic beverage shall be delivered, or shall be permitted to be delivered, to a person under twenty-one years of age during any class conducted under the authority of such permit, and the provisions of subdivision five of section sixty-five and paragraph (a) of subdivision two of § 65-C (Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years)section sixty-five-c of this chapter shall not apply to any delivery made during any class conducted under the authority of such permit.2.
Each such permit and the exercise of the privilege granted thereby may be subjected to such rules and conditions by the liquor authority as it deems necessary.3.
Each such permit shall be issued in such form as shall be prescribed by the liquor authority and shall be valid for one transaction only, except that a permit issued pursuant to paragraph b, c, e, j, or m of subdivision one of this section may be issued either for one transaction or for a calendar year. The liquor authority may, by rule, fix the quantity of alcoholic beverages to be involved in a single transaction under a permit issued pursuant to paragraph k of subdivision one of this section, but no single transaction so authorized shall involve more than twenty cases of alcoholic beverages. The fee for each such permit shall be fixed by the liquor authority, but shall not exceed ninety dollars for a permit valid for one transaction only nor two hundred fifty-six dollars for a permit issued for a calendar year.
Source:
Section 99-B — Miscellaneous permits, https://www.nysenate.gov/legislation/laws/ABC/99-B (updated Sep. 22, 2014; accessed Oct. 26, 2024).
