§ 96. Warehouse permit. 1. (a) No alcoholic beverage shall be stored
or kept in or upon any premises which shall not be duly licensed as
provided for in this chapter, provided, however, that the liquor
authority may issue a permit in such form as prescribed by its rules,
for the storage of alcoholic beverages in other than licensed premises,
except that no such permit shall be issued to any person licensed
pursuant to the provisions of section fifty-four or fifty-four-a of this
article, nor shall any such person licensed pursuant to the provisions
of section fifty-four or fifty-four-a of this article store or cause to
be stored any alcoholic beverages in other than its licensed premises.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a person licensed pursuant to section fifty-four or
fifty-four-a of this article may be issued a permit pursuant to this
section for the storage of a private label brand or brands of beer for
which the licensee is the registered owner or for a brand or brands of
beer of which the licensee is the exclusive retail seller in the state.

2. The authority is hereby empowered upon application therefor to
issue a special retail warehouse permit for the storage of beer. Such
permit may be issued to a person licensed pursuant to section fifty-four
or section fifty-four-a of this article on an annual basis and shall be
issued in such form as prescribed by the rules of the authority for the
storage of beer in other than such licensee's licensed premises. No more
than five such permits may be issued by the authority on a statewide
basis at any time and such permits may only be issued to persons who own
licensed premises having no more than twenty-five hundred square feet of
retail space per each such premises and employing no more than five
people on each premises during any period of operation.

3. Such permit shall be issued for the calendar year and the fee
therefor shall be at the rate of two hundred fifty-six dollars per
annum, except that where the application shall be filed after July first
in any year the fee shall be one hundred twenty-eight dollars for the
remainder of such period.