§ 104 — Provisions governing wholesalers

§ 104. Provisions governing wholesalers. 1. (a) No wholesaler shall\nbe engaged in any other business on the premises to be licensed; except\nthat nothing contained in this chapter shall: (1) prohibit a beer\nwholesaler from (i) acquiring, storing or selling non-alcoholic snack\nfoods, as defined in paragraph (b) of this subdivision, (ii)\nmanufacturing, bottling, storing, or selling non-alcoholic carbonated\nbeverages, (iii) manufacturing, storing or selling non-alcoholic\nnon-carbonated soft drinks, mineral waters, spring waters, drinking\nwater, non-taxable malt or cereal beverages, juice drinks, fruit or\nvegetable juices, ice, liquid beverage mixes and dry or frozen beverage\nmixes, (iv) acquiring, storing or selling wine products, (v) the sale of\npromotional items on such premises, or (vi) the sale of tobacco products\nat retail by wholesalers who are licensed to sell beer and other\nproducts at retail; (2) prohibit a wholesaler authorized to sell wine\nfrom manufacturing, acquiring or selling wine merchandise, as defined in\nparagraph (d) of this subdivision; (3) prohibit a licensed winery or\nlicensed farm winery from engaging in the business of a wine wholesaler\nfor New York state labeled wines produced by any licensed winery or\nlicensed farm winery or prohibit such wine wholesaler from exercising\nany of its rights pursuant to sections seventy-six and seventy-six-a of\nthis chapter provided that the operation of such beer and wine\nwholesalers business shall be subject to such rules and regulations as\nthe liquor authority may prescribe; (4) prohibit a beer wholesaler who\nis authorized to sell beer at retail from selling at retail: (i) candy,\nchewing gum and cough drops; (ii) non-refrigerated salsa; (iii)\ncigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue\nand picnic-related products and supplies, which shall include, but not\nbe limited to, charcoal, grills, propane gas, plastic and paper cups,\npaper or plastic tablecloths and coolers; (v) beer making and brewing\nsupplies and publications, which shall include, but not be limited to,\nbooks, magazines, equipment and ingredients; (vi) steins, mugs and other\nglassware appropriate for the consumption of beer, malt beverages and\nwine products; (vii) items typically used to serve beer and malt\nbeverages including, but not limited to, taps, kegerators, koozies and\nbeer socks; (viii) lemons, limes and oranges, provided that no more than\ntwo dozen of each shall be displayed at any one time; (ix) rock salt,\nice and snow melting compounds, snow shovels; windshield washer solvent;\nfirewood; beach umbrellas; sunglasses and sun block; and (x) prepaid\ntelephone cards; (5) prohibit the installation and operation of a single\nautomated teller machine in the premises of a beer wholesaler who is\nauthorized to sell beer at retail; or (6) prohibit a liquor or a wine\nwholesaler from transporting or selling gifts or promotional items\nassociated with wine or liquor products as provided for in subdivision\nfour of section sixty-three of this chapter. For the purposes of this\nsubdivision, "automated teller machine" means a device which is linked\nto the accounts and records of a banking institution and which enables\nconsumers to carry out banking transactions, including but not limited\nto, account transfers, deposits, cash withdrawals, balance inquiries and\nloan payments.\n (b) "Non-alcoholic snack foods" as used in paragraph (a) of this\nsubdivision shall include ready to eat finger foods ordinarily intended\nto be served cold or at room temperature, such as nut and seed meats,\ncooked pork rinds, pretzels, popped corn and a variety of other similar\nfinger foods which are prepared from high-starch and/or cellulosic\nedible materials.\n (c) "Promotional items" are items which bear advertising information,\nare of nominal value, are obtained by a licensee through a supplier of\nalcoholic beverages and are designated and designed for unconditional\nsale or distribution to the public. The sale or distribution of\npromotional items shall be incidental to the licensee's sale of\nalcoholic beverages. All promotional items shall be properly invoiced.\n (d) "Wine merchandise" as used in paragraph (a) of this subdivision\nshall include corkscrews, ice, the sale of publications, including\nprerecorded video and/or audio cassette tapes, designed to help educate\nconsumers in their knowledge and appreciation of wine and wine products,\nas defined in section three of this chapter, or the sale of glasses\ndesigned for the consumption of wine, racks designed for the storage of\nwine, and devices designed to minimize oxidation in bottles of wine\nwhich have been uncorked.\n 2. No wholesaler shall sell, or agree to sell or deliver in the state\nany liquors and/or wines, as the case may be, in any cask, barrel, keg,\nhogshead or other container, except in a sealed package containing\nquantities in accordance with federal size standards adopted pursuant to\nthe federal alcohol administration act, as amended (27 U.S.C. 201 et.\nseq.); provided, however, that wholesalers may store, warehouse or keep\noff the licensed premises any liquors and/or wines in bulk for sale to a\nrectifier or to a permittee engaged in the manufacture of products which\nare unfit for beverage use. Such containers shall have affixed thereto\nsuch labels as may be required by the rules of the liquor authority,\ntogether with all necessary federal revenue and New York state excise\ntax stamps, as required by law.\n 3. Each wholesaler shall have painted on the front window of the\nlicensed premises, or if there be no window, on a sign affixed to the\nfront of the building containing said licensed premises, the name of the\nlicensee together with the inscription, "New York State wholesale beer,\nliquor or wine license number ________________"; as the case may be, in\nuniform letters not less than three and one-half inches in height.\n 5. No wholesaler shall transport alcoholic beverages in any vehicle\nowned and operated or hired and operated by such wholesaler, unless\nthere shall be attached to or inscribed upon both sides of such vehicle\na sign, showing the name and address of the licensee, together with the\nfollowing inscription: "New York State wholesale beer, liquor or wine\nlicense number ................. , " as the case may be, in uniform\nletters not less than three and one-half inches in height. In lieu of\nsuch sign, a wholesaler may have in the cab of such vehicle a\nphotostatic copy of its current license issued by the authority, and\nsuch copy duly authenticated by the authority.\n 6. No wholesaler shall deliver any alcoholic beverages, except in\nvehicles owned and operated by such wholesaler, or hired and operated by\nsuch wholesaler from a trucking or transportation company registered\nwith the liquor authority, and shall only make deliveries at the\nlicensed premises of the purchaser.\n 10. Each wholesaler shall keep and maintain upon the licensed\npremises, adequate books and records of all transactions involving the\nbusiness transacted by such wholesaler, which shall show the amount of\nalcoholic beverages in gallons, purchased by such wholesaler together\nwith the names, license numbers and places of business of the persons\nfrom whom the same was purchased and the amount involved in such\npurchases, as well as the amount of alcoholic beverages, in gallons,\nsold by such wholesaler together with the names, addresses, and license\nnumbers of such purchasers whether the same shall be purchased or sold\nwithin or without the state. Each sale shall be recorded separately on a\nnumbered invoice, which shall have printed thereon the number, the name\nof the licensee, the address of the licensed premises, and the current\nlicense number. Such wholesaler shall deliver to the purchaser a true\nduplicate invoice stating the name and address of the purchaser, the\nquantity of alcoholic beverages, description by brands and the price of\nsuch alcoholic beverages, and a true, accurate and complete statement of\nthe terms and conditions on which such sale is made. Any terms and\nconditions of a sale not stated on said invoice shall constitute a\nservice within the meaning of section one hundred and one, subdivision\none (c) of this chapter. Such books, records and invoices shall be kept\nfor a period of two years and shall be available for inspection by any\nauthorized representative of the liquor authority.\n 11. No wholesaler shall furnish or cause to be furnished to any\nlicensee, any exterior or interior sign, printed, painted, electric or\notherwise, unless authorized by the liquor authority.\n