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This entry was published on 2014-09-22
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SECTION 99-B
Miscellaneous permits
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
§ 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.