§ 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 unconditiona
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