Section 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.