State Codes and Statutes

Statutes > New-york > Abc > Article-7 > 99-b

§ 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 insurance,  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 his business, or a  former licensee whose license was surrendered or expired,  to  sell  his  entire stock of alcoholic beverages to other licensees.    * NB Effective until October 12, 2010    * 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.    * NB Effective October 12, 2010    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 insurance 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 thischapter, 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 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.

State Codes and Statutes

Statutes > New-york > Abc > Article-7 > 99-b

§ 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 insurance,  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 his business, or a  former licensee whose license was surrendered or expired,  to  sell  his  entire stock of alcoholic beverages to other licensees.    * NB Effective until October 12, 2010    * 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.    * NB Effective October 12, 2010    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 insurance 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 thischapter, 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 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-7 > 99-b

§ 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 insurance,  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 his business, or a  former licensee whose license was surrendered or expired,  to  sell  his  entire stock of alcoholic beverages to other licensees.    * NB Effective until October 12, 2010    * 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.    * NB Effective October 12, 2010    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 insurance 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 thischapter, 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 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.