Marvin Mandel, Governor                           967

(b) Exemptions. This section shall not apply to:

(1) retail sales agencies or instrumentalities which during the
immediately preceding calendar year sold a gross volume of con-
sumer commodities of less than two hundred fifty FIVE HUNDRED
thousand dollars ($250,000) ($500,000) AND WHICH ARE OWNED
AND OPERATED BY ONE OWNER OR ONE OWNER AND MEM-
BERS OF HIS IMMEDIATE FAMILY, EXCEPT THAT WHERE
TWO OR MORE SALES AGENCIES OR INSTRUMENTALITIES
ARE PARTS OF THE SAME COMPANY, AND THE COMPANY-
WIDE GROSS VOLUME OF CONSUMER COMMODITIES
TOTALED ONE MILLION DOLLARS ($1,000,000) OR MORE
DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR,
THE SALES AGENCIES AND INSTRUMENTALITIES OF SUCH
COMPANY SHALL NOT BE EXEMPT FROM THIS SECTION;

(I)   DURING THE IMMEDIATELY PRECEDING CALENDAR
YEAR SOLD A GROSS VOLUME OF CONSUMER COMMODI-
TIES OF LESS THAN SEVEN HUNDRED FIFTY THOUSAND
DOLLARS ($750,000); OR

(II)   ARE PART OR ALL OF A COMPANY CONSISTING OF
LESS THAN TEN SALES AGENCIES OR INSTRUMENTALI-
TIES WITHIN OR WITHOUT THIS STATE; OR

(III)   DERIVE LESS THAN FIFTEEN PERCENT OF THEIR
TOTAL REVENUES FROM CONSUMER COMMODITIES SUB-
JECT TO THIS SECTION; OR

(IV)   ARE OWNED AND OPERATED BY ONE OWNER OR
ONE OWNER AND MEMBERS OF HIS IMMEDIATE FAMILY;

PROVIDED, HOWEVER, THAT ANY SALES AGENCY OR IN-
STRUMENTALITY OTHERWISE, QUALIFYING FOR EXEMP-
TION UNDER PARAGRAPHS (II), (III) OR (IV) ABOVE
SHALL BE SUBJECT TO THIS SECTION IF THE GROSS
VOLUME OF CONSUMER COMMODITIES SOLD IN THIS
STATE BY THE COMPANY, OF WHICH THE SALES AGENCY
OR INSTRUMENTALITY IS A PART, EXCEEDS THIRTY MIL-
LION DOLLARS ($30,000,000) DURING THE IMMEDIATELY
PRECEDING CALENDAR YEAR;

(2)  prepackaged food containing separately identifiable items seg-
regated by physical division within the package;

(3) items sold only by prescription;

(4) items subject to packaging or labeling requirements of the
Federal Alcohol Administration Act or subject to pricing require-
ments under Federal law;

(5)  items while actually being sold through vending machines, but
the same items when not sold through vending machines are not
exempted by this subdivision of this subsection? ;

(6)  ITEMS DELIVERED DIRECTLY TO A RETAIL SALES
AGENCY OR INSTRUMENTALITY WITHOUT PASSING
THROUGH WAREHOUSING OR OTHER INVENTORY FACIL-
ITY USED BY SUCH RETAIL SALES AGENCY OR INSTRU-
MENTALITY.