N.Y. Alcoholic Beverage Control Law § 99-b: Miscellaneous permits

§ 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 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.