New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 33
Executive Department
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15 sections
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All 15 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 33.1 - Fees
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)A sheriff, marshal, trustee, receiver, executor, etc., to sell alcoholic beverages in his possession under a court order—$20 single transaction.
(b)A steamship or aircraft company to purchase alcoholic beverages from a manufacturer or wholesaler for consumption outside the territorial jurisdiction of the State:
(1)for a steamship vessel, $20 single transaction; $200 annual;
(2)for aircraft, $20 single transaction; $200 annual.
(c)A manufacturer of non-beverage products to purchase alcoholic beverages from a licensed wholesaler or manufacturer when intended for use in the manufacture of products unfit for consumption such as for flavoring, cooking, etc., $20 single transaction; $200 annual.
(d)A fire insurance or fire salvage company to sell alcoholic beverages in its possession as a result of fire on licensed premises, $20 single transaction.
(e)A hospital to purchase alcoholic beverages from a manufacturer or wholesaler for medicinal use, $20 annual.
(f)A licensee or former licensee to sell his stock of alcoholic beverages to another licensee when such licensee or former licensee liquidates his business, $20 single transaction.
(g)A warehouseman, railroad, steamship company, etc., to sell alcoholic beverages on which it has acquired a lien by statute, $20 single transaction.
(h)A bank to sell warehouse receipts on alcoholic beverages which have come into its possession as a result of default in paying of a loan made by the bank to a licensee, $20 single transaction.
(i)An out-of-state manufacturer or wholesaler to negotiate with one or more wholesale licensees in this State to establish one or more operating agency relationships for the distribution of its products, $20 single transaction where negotiation with a single wholesale licensee is authorized; $200 for an annual permit authorizing negotiations with more than one wholesale licensee.
(j)To purchase, receive, or sell alcoholic beverages in cases not expressly provided for by the Alcoholic Beverage Control Law, $20.
(k)A summer licensee to store alcoholic beverages on the premises between the expiration of the license period and the issuance of a new license for such premises for the following license period, $20 for each 20 cases or fraction thereof.
(l)The application must be accompanied by check or draft in the amount of the prescribed fee, payable to the State Liquor Authority.
9 NYCRR 33.2 - Place of filing
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-13-15-00002-A · Adopted rule
- Related notice published
- Aug 12, 2015
- Related notice effective date
- Aug 12, 2015
(a)An application for a permit to purchase alcoholic beverages shall be filed on a form and in a manner as designated by the authority.
(b)An application for a permit to sell alcoholic beverages shall be filed on a form and in a manner as designated by the authority.
(c)An application for a negotiator's permit shall be filed on a form and in a manner as designated by the authority.
(d)An application for a plenary permit under section 33.1(j) of this Part shall be filed on a form and in a manner as designated by the authority.
(e)An application for a permit by a summer licensee to store alcoholic beverages shall be filed on a form and in a manner as designated by the authority.
(f)An application for a special events permit shall be filed on a form and in a manner as designated by the authority.
9 NYCRR 33.3 - Permit to sell alcoholic beverages or warehouse receipts
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)Each application for a permit to sell alcoholic beverages must be accompanied by a typewritten inventory, signed by the applicant, listing the quantity, brand name, type of alcoholic beverages and the size of the containers.
(b)Each application by a bank to sell warehouse receipts must be accompanied by a typewritten list, signed by the applicant, listing the name of the company which issued the warehouse receipts, the certificate number, serial number and gallonage of each barrel or case of whiskey represented by such receipts and the place where such liquor is stored.
(c)Each application by a sheriff, marshal, trustee, receiver, executor, etc., to sell alcoholic beverages which came into his possession under a court order must be accompanied by a copy of the execution, if a marshal or sheriff; certified copy of the court order authorizing such sale, if a trustee or receiver in bankruptcy or assignee for the benefit of creditors; certified copy of letters testamentary or administration, if an executor or administrator.
9 NYCRR 33.4 - Permit to purchase 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
An application to purchase alcoholic beverages by a manufacturer of products which are unfit for beverage use must be accompanied by a letter or photostat of a letter from the Alcohol Tax Unit of the United States Treasury Department stating that the products manufactured by the applicant are classified as exempt from special and commodity taxes. Such certificate of exemption must be filed only with the first application for a permit.
9 NYCRR 33.5 - Permit to negotiate with wholesaler for an operating agency
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
An application by an out-of-state manufacturer or wholesaler for a permit to negotiate a contract with one or more licensed wholesalers to establish one or more operating agency relationships for the sale of its products in this State must be accompanied by:
(a)A photostat of the license to manufacture or sell alcoholic beverages at wholesale issued to the applicant by the licensing body in the state in which it is located, or if applicant is located in a foreign country, a certificate or letter from the consul or other governmental representative certifying that such applicant is licensed to manufacture or sell alcoholic beverages at wholesale in such foreign country.
(b)If the application is executed by an authorized representative, a letter from the out-of-state licensee specifically authorizing such representative to negotiate and consummate one or more agreements with a licensed wholesaler or wholesalers for the establishment of an agency in this State.
9 NYCRR 33.6 - Permit valid for one transaction only
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)With the exception of annual permits issued under subdivisions (b), (c), (e), or (j) [of section 99-b of the Alcoholic Beverage Control Law] which are effective for a calendar year, each permit under this section shall be valid for one transaction only. A transaction under a particular permit is meant to include a purchase or sale, as the case may be, from or to one or more licensees at the same time.
(b)A separate permit must be obtained for each trip of the particular vessel or aircraft for which alcoholic beverages are purchased and delivered.
(c)A separate permit must be obtained for each delivery of liquor, wine or beer to the premises of the manufacturer of non-beverage products.
(d)A separate permit must be obtained on each execution or court order for the sale of alcoholic beverages by a marshal, sheriff, trustee or receiver, etc., made pursuant to court order.
(e)A separate permit must be obtained by an out-of-state manufacturer or wholesaler for each wholesaler in this State with whom a contract is to be negotiated.
(f)A separate permit must be obtained by a bank to sell warehouse receipts, as the result of the default in repayment of a loan, on each loan to a licensee.
(g)A separate permit must be obtained by a fire insurance or fire salvage company to sell alcoholic beverages in its possession, for each licensed premises on which a fire occurred.
(h)A separate permit must be obtained by a warehouseman, steamship company, etc., to sell alcoholic beverages on which it has acquired a lien by statute, for each lien so acquired.
9 NYCRR 33.7 - Restrictions on purchases and sales
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 permit must be obtained whether the merchandise is tax paid or is in a bonded warehouse or customs bonded warehouse.
(a)Alcoholic beverages may be purchased by permittees under this section only from a duly licensed manufacturer or wholesaler in accordance with the terms of the vendor's license.
(b)Alcoholic beverages sold by permittees under this section may be sold only to duly licensed manufacturers, wholesalers or retailers and in accordance with the terms of the purchaser's license.
(c)Warehouse receipts, certificates or other documents issued for the storage of liquor or wine in bulk, may be sold by a permittee bank under this section only to duly licensed manufacturers and wholesalers.
(d)Warehouse receipts, certificates, or other documents issued for the storage of liquors and/or wines in the original sealed containers not exceeding one quart each of liquor or 15 gallons each of wine may be sold by a permittee bank under this section only to duly licensed wholesalers and retailers.
(e)Sales of alcoholic beverages by permittees under this section may be held only on licensed premises or on premises for which a warehouse permit has been issued by the Liquor Authority.
9 NYCRR 33.8 - Licensee to obtain copy or photostat of 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
Each such permit shall be issued in duplicate and the original permit shall be retained by the permittee.
(a)When the permit authorizes purchases of alcoholic beverages, the duplicate permit or photostat copy thereof, shall be delivered by the permittee to the licensed manufacturer or wholesaler from whom such permittee purchases alcoholic beverages.
(b)Where the permit authorizes sales of alcoholic beverages, the duplicate permit, or a photostat copy thereof, shall be delivered to the licensed manufacturer, wholesaler or retailer to whom such permittee sells alcoholic beverages.
(c)Where the permit authorizes receipt of alcoholic beverages, the duplicate permit, or a photostat copy thereof, shall be delivered to the person who ships the merchandise to the permittee.
(d)The holder of a negotiator's permit shall deliver the duplicate permit or a photostat copy thereof to the wholesaler with whom such permittee negotiates for the establishment of an agency to distribute its products.
(e)Every licensee who sells, receives or purchases alcoholic beverages from the holder of a miscellaneous permit shall retain the duplicate permit or the photostat for a period of two years.
9 NYCRR 33.9 - Delivery and 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)The alcoholic beverages sold by a licensee to a permittee, or sold to a licensee by a permittee must be delivered simultaneously with the sale, and a separate permit must be obtained for each delivery of alcoholic beverages to a permittee.
(b)Such alcoholic beverages may not be stored by a licensee for a permittee, in excess of 48 hours, except by express permission first obtained by the permittee from the Liquor Authority in writing.
(c)All alcoholic beverages sold to a steamship company or aircraft company must be delivered directly to the vessel or aircraft.
(d)All alcoholic beverages sold to a purchasing agent representing a principal outside the state must be delivered to the steamship vessel, railroad car or transportation company for shipment to the principal outside the state, except by express permission first obtained by the permittee from the Liquor Authority in writing.
(e)Shipments of alcoholic beverages to other states or countries may be made only pursuant to the laws of such state or country.
(f)An application by a summer licensee for a permit to store alcoholic beverages on the premises between the expiration of the license period and the issuance of a new license for such premises for the following license period shall be accompanied by an inventory of the alcoholic beverage to be stored, setting forth quantity, type, size of containers and brand names.
9 NYCRR 33.10 - Size of containers; labels on containers
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
All alcoholic beverages purchased or sold by permittees under this section must be in the original sealed containers and must conform with the provisions of the law with respect to labels and the size of containers, except by express permission first obtained by the permittee from the Liquor Authority in writing.
9 NYCRR 33.11 - Payment of taxes
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)Each permittee authorized to sell, purchase, or receive alcoholic beverages under this section shall pay the excise taxes imposed by or under the provisions of article 18 of the Tax Law and shall comply with the rules and regulations of the State Tax Commission.
(b)In addition to the foregoing, each permittee who receives alcoholic beverages from outside the United States shall pay all customs duties and internal revenue taxes which may be imposed thereon.
9 NYCRR 33.12 - Restrictions on negotiator's 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)A negotiator permittee shall not offer for sale or solicit any order in this State for the sale of any alcoholic beverages.
(b)Samples of the alcoholic beverages manufactured or sold by the principal may not be imported into this State until such permit is obtained.
9 NYCRR 33.13 - Restriction on plenary 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)No plenary permit to receive liquor as a dividend from a distillery will be issued to any person who is interested in the sale of alcoholic beverages at retail in this State, in any manner whatsoever, either as owner or partner, or as stockholder, officer or director of a corporation.
(b)No plenary permit will be issued to any person to purchase or receive more than 18 cases of liquor for his personal consumption.
(c)Under a plenary permit to receive liquor as a dividend from a distillery, the cases of liquor represented by a single share of stock must either be imported in their entirety for personal consumption or sold in their entirety to a licensee. They may not be split up by selling a portion thereof and retaining a portion for personal consumption.
(d)Under a plenary permit to store alcoholic beverages, such alcoholic beverages shall not be sold, consumed or removed from the premises unless an appropriate license or permit has first been obtained from the Liquor Authority.
9 NYCRR 33.14 - Reports
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)Each permittee authorized to sell alcoholic beverages by virtue of a permit issued pursuant to subdivisions (a), (d), and (g) of section 99-b [of the Alcoholic Beverage Control Law] and specifically every sheriff, marshal, assignee for the benefit of creditors, trustee or receiver in bankruptcy, executor or administrator of an estate, fire insurance company or fire salvage company, warehouseman, railroad company, steamship company, or other person who has acquired a lien pursuant to law for the storage or carriage of alcoholic beverages, shall furnish a report to the Authority setting forth therein the name, address, and license number of the purchaser of alcoholic beverages at the sale consummated under the terms of the permit, listing in the report the alcoholic beverages by brand name, container size, and quantity together with the date of the sale and the amount of money received. Such report shall be filed, within 30 days after the date of the sale, at the zone office of the Authority which issued the permit.
(b)Where a permittee fails to comply with the foregoing provisions no further permit shall be issued to him except by approval of the members of the Authority.
9 NYCRR 33.15 - Charitable 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)A permit may be issued to an organization to sell alcoholic beverages, at auction or otherwise, where the Authority is satisfied (1) that contributions made by an individual donor to such organization are deductible for Federal income tax purposes; (2) that the funds so raised will be used for the non-profit purposes of the organization; (3) that all such alcoholic beverages shall be in sealed containers; and (4) that not more than 20 cases shall be sold. Such permit shall be valid for a 24-hour period commencing at 8 a.m. and only during the hours when such alcoholic beverages may lawfully be sold by retail licensees in the county in which the auction or sale is held. No alcoholic beverages sold pursuant to such permit shall be consumed on the premises at which they are sold.
(b)The fee for a one-day permit shall be $20.