Section 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, or (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.
    (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.