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This entry was published on 2014-09-22
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SECTION 104
Provisions governing wholesalers
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 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.