New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 103
Executive Department
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5 sections
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9 NYCRR 103.1 - Storage of alcoholic beverages
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)No licensee may store alcoholic beverages in and upon any premises other that its licensed premises unless a warehouse permit is obtained. A warehouse permit will not be issued for premises from which alcoholic beverages may be sold at retail.
(b)Warehouse is defined as any place in which alcoholic beverages are housed or stored or where alcoholic beverages are off loaded for any period of time.
9 NYCRR 103.2 - Issuance of warehouse permit
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A warehouse permit may be issued to any person except for the restrictions enumerated in section 103.3 of this Part.
9 NYCRR 103.3 - Restrictions on warehouse permits
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Chapter 545 of the Laws of 1995 restricted the issuance of warehouse permits. No warehouse permit shall be issued to any person licensed under sections 54 and 54-a of the Alcoholic Beverage Control Law except under certain criteria. The effective date is January 1, 1996.
(b)Eligibility criteria. Any person licensed under sections 54 and 54-a of the Alcoholic Beverage Control Law may apply and be considered for a warehouse permit if they meet the following criteria: The warehouse sought to be licensed will provide storage of a private label brand of beer for which the licensee is the registered owner or for a brand or brands of beer for which the licensee is the exclusive retail seller in the State.
9 NYCRR 103.4 - Special retail warehouse permit
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Chapter 545 of the Laws of 1995 empowered the authority to issue a special retail warehouse permit to persons licensed pursuant to sections 54 and 54-a of the Alcoholic Beverage Control Law under conditions listed in subdivisions (b) and (c) of this section.
(b)No more than five such permits may be issued on a statewide basis at any time.
(c)No licensed premise owned by a licensee can have more than 2,500 square feet of retail space and no licensee can employ more than five people on each premises during any period of operation.
9 NYCRR 103.5 - Multiple licensees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)In order for a warehouse permit or a special retail warehouse permit to be issued to a person holding more than one section 54 or 54-a license the following criteria must be met:
(1)All licensees must be under common ownership/control. Franchise operations where each license is under a different ownership are not eligible.
(2)Accurate records must be maintained on deliveries (brands, size, amount) made from the warehouse to individual licensed premises.
(b)If licensee does not possess a warehouse permit, all alcoholic beverages to be sold at retail must be received from a wholesaler at and stored upon the licensed premises from where they will be sold at retail.