2023 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; (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; or (6) prohibit a liquor  or  a  wine
wholesaler  from  transporting  or  selling  gifts  or promotional items
associated with wine or liquor products as provided for  in  subdivision
four  of  section sixty-three of this chapter.  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.