NY Alcoh Bev Ctrl L § 104 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 104 - Provisions Governing Wholesalers.

§ 104. Provisions governing wholesalers. 1. (a) No wholesaler shall be engaged  in  any  other  business on the premises to be licensed; except that nothing contained in  this  chapter  shall:  (1)  prohibit  a  beer wholesaler  from  (i)  acquiring, storing or selling non-alcoholic snack foods,  as  defined  in  paragraph  (b)  of   this   subdivision,   (ii) manufacturing,  bottling,  storing,  or selling non-alcoholic carbonated beverages,  (iii)  manufacturing,  storing  or   selling   non-alcoholic non-carbonated  soft  drinks,  mineral  waters,  spring waters, drinking water, non-taxable malt or cereal  beverages,  juice  drinks,  fruit  or vegetable  juices, ice, liquid beverage mixes and dry or frozen beverage mixes, (iv) acquiring, storing or selling wine products, (v) the sale of promotional items on such premises, or (vi) the sale of tobacco products at retail by wholesalers  who  are  licensed  to  sell  beer  and  other products  at  retail;  (2) prohibit a wholesaler authorized to sell wine from manufacturing, acquiring or selling wine merchandise, as defined in paragraph (d) of this subdivision; (3) prohibit  a  licensed  winery  or licensed  farm winery from engaging in the business of a wine wholesaler for New York state labeled wines produced  by  any  licensed  winery  or licensed  farm  winery  or prohibit such wine wholesaler from exercising any of its rights pursuant to sections seventy-six and seventy-six-a  of this  chapter  provided  that  the  operation  of  such  beer  and  wine wholesalers business shall be subject to such rules and  regulations  as the  liquor  authority may prescribe; (4) prohibit a beer wholesaler who is authorized to sell beer at retail from selling at retail: (i)  candy, chewing   gum  and  cough  drops;  (ii)  non-refrigerated  salsa;  (iii) cigarette lighters, lighter fluid, matches and ashtrays;  (iv)  barbecue and  picnic-related  products and supplies, which shall include, but not be limited to, charcoal, grills, propane gas, plastic  and  paper  cups, paper  or  plastic  tablecloths and coolers; (v) beer making and brewing supplies and publications, which shall include, but not be  limited  to, books, magazines, equipment and ingredients; (vi) steins, mugs and other glassware  appropriate  for  the consumption of beer, malt beverages and wine products; (vii)  items  typically  used  to  serve  beer  and  malt beverages  including,  but not limited to, taps, kegerators, koozies and beer socks; (viii) lemons, limes and oranges, provided that no more than two dozen of each shall be displayed at any one time;  (ix)  rock  salt, ice and snow melting compounds, snow shovels; windshield washer solvent; firewood;  beach  umbrellas;  sunglasses  and sun block; and (x) prepaid telephone cards; or (5) prohibit the installation  and  operation  of  a single automated teller machine in the premises of a beer wholesaler who is  authorized  to  sell  beer  at  retail.  For  the  purposes  of this subdivision, "automated teller machine" means a device which  is  linked to  the  accounts and records of a banking institution and which enables consumers to carry out banking transactions, including but  not  limited to, account transfers, deposits, cash withdrawals, balance inquiries and loan payments.  (b)  "Non-alcoholic  snack  foods"  as  used  in paragraph (a) of this subdivision shall include ready to eat finger foods ordinarily  intended to  be  served  cold or at room temperature, such as nut and seed meats, cooked pork rinds, pretzels, popped corn and a variety of other  similar finger  foods  which  are  prepared  from  high-starch and/or cellulosic edible materials.  (c) "Promotional items" are items which bear advertising  information, are  of  nominal value, are obtained by a licensee through a supplier of alcoholic beverages and are designated and  designed  for  unconditional sale  or  distribution  to  the  public.  The  sale  or  distribution of promotional  items  shall  be  incidental  to  the  licensee's  sale  of alcoholic beverages. All promotional items shall be properly invoiced.  (d)  "Wine  merchandise"  as used in paragraph (a) of this subdivision shall include corkscrews,  ice,  the  sale  of  publications,  including prerecorded  video and/or audio cassette tapes, designed to help educate consumers in their knowledge and appreciation of wine and wine products, as  defined  in  section  three  of this chapter, or the sale of glasses designed for the consumption of wine, racks designed for the storage  of wine,  and  devices  designed  to  minimize oxidation in bottles of wine which have been uncorked.   2. No wholesaler shall sell, or agree to sell or deliver in the  state any  liquors and/or wines, as the case may be, in any cask, barrel, keg, hogshead or other container,  except  in  a  sealed  package  containing quantities in accordance with federal size standards adopted pursuant to the  federal  alcohol  administration act, as amended (27 U.S.C. 201 et. seq.); provided, however, that wholesalers may store, warehouse or  keep off the licensed premises any liquors and/or wines in bulk for sale to a rectifier or to a permittee engaged in the manufacture of products which are  unfit  for beverage use. Such containers shall have affixed thereto such labels as may be required by the rules  of  the  liquor  authority, together  with  all  necessary federal revenue and New York state excise tax stamps, as required by law.   3. Each wholesaler shall have painted  on  the  front  window  of  the licensed  premises,  or  if there be no window, on a sign affixed to the front of the building containing said licensed premises, the name of the licensee together with the inscription, "New York State wholesale  beer, liquor  or wine license number ________________"; as the case may be, in uniform letters not less than three and one-half inches in height.   5. No wholesaler shall transport alcoholic beverages  in  any  vehicle owned  and  operated  or  hired  and operated by such wholesaler, unless there shall be attached to or inscribed upon both sides of such  vehicle a  sign, showing the name and address of the licensee, together with the following inscription: "New York State wholesale beer,  liquor  or  wine license  number  .................  ,  "  as the case may be, in uniform letters not less than three and one-half inches in height.  In  lieu  of such  sign,  a  wholesaler  may  have  in  the  cab  of  such  vehicle a photostatic copy of its current license issued  by  the  authority,  and such copy duly authenticated by the authority.   6.  No  wholesaler  shall  deliver  any alcoholic beverages, except in vehicles owned and operated by such wholesaler, or hired and operated by such wholesaler from a trucking  or  transportation  company  registered with  the  liquor  authority,  and  shall  only  make  deliveries at the licensed premises of the purchaser.   10.  Each  wholesaler  shall  keep  and  maintain  upon  the  licensed premises,  adequate  books and records of all transactions involving the business transacted by such wholesaler, which shall show the  amount  of alcoholic  beverages  in  gallons, purchased by such wholesaler together with the names, license numbers and places of business  of  the  persons from  whom  the  same  was  purchased  and  the  amount involved in such purchases, as well as the amount of  alcoholic  beverages,  in  gallons, sold  by such wholesaler together with the names, addresses, and license numbers of such purchasers whether the same shall be purchased  or  sold within or without the state. Each sale shall be recorded separately on a numbered  invoice, which shall have printed thereon the number, the name of the licensee, the address of the licensed premises, and  the  current license  number.  Such  wholesaler shall deliver to the purchaser a true duplicate invoice stating the name and address  of  the  purchaser,  the quantity  of alcoholic beverages, description by brands and the price of such alcoholic beverages, and a true, accurate and complete statement of the terms and conditions on which such  sale  is  made.  Any  terms  and  conditions  of  a  sale  not  stated  on said invoice shall constitute a service within the meaning of section one hundred and  one,  subdivision one  (c) of this chapter. Such books, records and invoices shall be kept for  a  period of two years and shall be available for inspection by any authorized representative of the liquor authority.   11. No wholesaler shall furnish  or  cause  to  be  furnished  to  any licensee,  any  exterior or interior sign, printed, painted, electric or otherwise, unless authorized by the liquor authority.