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Merchandising Trade Practices Data Publication Is a Joint Effort with the National Conference of State Liquor Administrators (NCSLA) and Its Members

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Merchandising Trade Practices Data Publication Is a Joint Effort with the National Conference of State Liquor Administrators (NCSLA) and Its Members Slotting Fee Equipment and Supplies Cash Slotting Allowance Meals Retailer Donations Entertainment Gift Certificates Promotional Events Enforcement Advertising Drawings Coupons Consumer Tastings Rotating Cider MERCHANDISING Pricing Services Product Displays Product TRADEChannel PricingPRACTICESCategory Management Enforcement Advertising Specialties Cider Private Labels Stock Volume Discounts Drawings Promotional Events Pricing Services Combination Packaging Sweepstakes Gift Certificates Educational Seminars Contests Social Media Rotating Stock Coupons Category Management Trade Practices Survey i NATIONAL CONFERENCE OF STATE LIQUOR ADMINISTRATORS ii Trade Practices 2015 TABLE OF CONTENTS Alabama . .. 1 Alaska . 13 Arizona . 24 Arkansas . Did not respond California . 36 Colorado . 50 Connecticut . 65 Delaware . Did not respond District of Columbia . .. Did not respond Florida . 80 Georgia . 98 Hawaii–Hawaii County . 110 iii Hawaii–Honolulu . 121 Hawaii–Kauai County . 134 Idaho . 146 Illinois . 157 Indiana . Did not respond Iowa . 175 Kansas . Did not respond Kentucky . 198 Louisiana . Did not respond Maine . 218 Maryland . 229 Massachusetts . Did not respond Michigan . 241 Minnesota . 254 Mississippi . 268 Missouri . 279 Montana . 300 Nebraska . 311 Trade Practices 2015 Nevada . Did not respond New Hampshire . 323 New Jersey . 334 New Mexico . 350 New York . 362 North Carolina . 383 North Dakota . 400 Ohio . 415 Oklahoma . 440 Oregon . 453 Pennsylvania . 467 Rhode Island* South Carolina . Did not respond iv South Dakota . Did not respond Tennessee . 497 Texas . 511 Utah . 526 Vermont . 537 Virginia . 548 Washington State . 567 West Virginia . 579 Wisconsin . .Did not respond Wyoming . 590 Title 27 Chapter I Subchapter A Part 6 Subpart D (TTB) . 602 Alcohol Trade Practice Survey of State Laws and Regulation . 609 Disclaimer . 610 State Contacts . 611 * Rhode Island considers each trade practice on a case-by-case basis and determines whether the practices violate Rhode Island General Laws § 3-7-22(a) Trade Practices 2015 Alabama THINGS OF VALUE PROVIDED TO RETAILERS Jurisdiction’s allowances or restrictions on things of value that may be given, rented, loaned, furnished, or sold to a retail licensee by a manufacturer or distributor Financial Information CASH1, 2 May a manufacturer or distributor provide cash to a retailer? No 1 Definition: Legal tender 2 Example: Currency CREDIT1, 2 May a selling manufacturer or distributor extend credit to a No retailer? Is there any penalty if the retailer goes into arrears? No May a manufacturer or distributor sell on COD to retailer in No arrears? 1 1 Definition: Deferred payment offered to a retailer 2 Example: Full payment due 30 days from date of delivery Product Displays1, 2 May a manufacturer or distributor provide product displays Yes. Any point of sale must to a retailer? be purchased from the manufacturer and a limit of $300 is placed on any single item. Are there any time limitations on use of the product display? Have adopted Federal “Tied House” Exceptions (27 CFR 6.83) DEALER LOADERS/PRODUct ENHANCERS3, 4 May a manufacturer or distributor provide dealer loaders/ $300 limit per item per brand product enhancers to a retailer? May the retailer keep the thing of value after the product Yes display is disassembled? 1 Definition: Items on which alcohol beverages are placed at retail primarily for display and sale purposes 2 Example: Wine racks, barrels, casks, shelving, etc. 3 Definition: Things of value placed with a product display and intended to draw customer attention to the display 4 Example: Bicycles, rafts, athletic equipment, grandfather clocks Trade Practices 2015 Alabama Retailer/Point of Sale (POS) Advertising Specialties1, 2 May a manufacturer or distributor provide retailer/POS Have adopted Federal “Tied advertising specialties to a retailer? House” Exceptions (27 CFR 6.84) INSIDE SIGNS Are there cost, size, or placement restrictions? Have adopted Federal “Tied House” Exceptions (27 CFR 6.84). Inside signs cannot be seen from the street. ILLUMINATED INSIDE SIGNS May they be seen from outside (in window, etc .)? No May the retailer be reimbursed for electricity, etc .? No If there is a dollar limit on the amount of inside signs that can Cost be provided, is it assessed by its fair market value or its cost? Who has ownership of the sign? Who maintains the sign if it 2 The retailer has ownership of breaks, catches fire, etc .? the sign. WINE LISTS, BEER LISTS, BRAND SPECIFIC MIXED DRINK SPIRITS LISTS AND FOOD MENUS May a manufacturer or distributor provide such lists to a Have adopted Federal “Tied retailer? House” Exceptions (27 CFR 6.84) May a manufacturer or distributor pay the retailer to get on No the list? May a manufacturer or distributor reimburse a retailer for No printing cost of the list or menu? May a manufacturer or distributor provide captain’s books Yes (e .g . an expensive, leather bound wine list)? BEER TAP HANDLES Whose property is a beer tap handle? The manufacturer or distributor Who keeps it when the keg is finished? The manufacturer or distributor 1 Definition: In general, items advertising a brand or manufacturer or distributor company, and designed for use by the retailer to attract customer attention to the manufacturer or distributor’s alcohol beverage products. 2 Example: Trays, coasters, napkins, clocks, inside signs, umbrellas, etc. Trade Practices 2015 Alabama Consumer Advertising Specialties1, 2 May a manufacturer or distributor provide consumer Have adopted Federal “Tied advertising specialties to a retailer? House” Exceptions (27 CFR 6.84) 1 Definition: Items bearing brand or company advertising, provided to the retailer, and meant to be freely carried away by the retailer customer 2 Example: Bottle or can openers, paper or plastic serving cups, matches, printed recipes, caps, shirts, etc. Equipment and Supplies1, 2, 3, 4 May a manufacturer or distributor provide equipment to a No retailer? If there is a dollar limit on the amount of equipment that can Have adopted Federal “Tied be provided, is it assessed by its fair market value or its cost? House” Exceptions (27 CFR 6.88) May a manufacturer or distributor provide supplies to a No retailer? 3 1 Definition of Equipment: All functional items used by a retailer to conduct business 2 Equipment Example: Cold boxes, coolers, draft systems or their component parts, etc. 3 Definition of Supplies: Materials the retailer depletes while conducting business 4 Supplies Example: Ice, nitrogen gas, glassware, etc. Outside Signs1, 2 May a manufacturer or distributor provide an outside sign to Yes. Loaned. a retailer? 1 Definition: A sign erected or hung outside the retail premises 2 Example: An outside, displayed structure, banner, inflatable, etc. Samples1,2 May a manufacturer or distributor provide free samples to a Yes. One 750ml per new retailer? brand per licensee every 6 months. Are sample limits applied to a retail license location, or each Yes. Retail license location. member of a retailer’s buying committee? Are there record keeping requirements for samples? No Trade Practices 2015 Alabama Are there any tax implications for record keeping No requirements for samples? 1 Definition: The giving of a free sample or a brand of alcohol beverage to a retailer who has not previously purchased that brand 2 Example: A bottle of a newly introduced brand of wine Donations to Retailer Events, Licensed Charity Events1, 2 May a manufacturer or distributor donate to retailer events Yes. No more than $300 worth (e .g . prizes for a retailer’s annual golf tournament)? of donations May a manufacturer or distributor donate to retail licensees Yes. No more than $300 worth who qualify as non-profit charities under IRS guidelines, of donations. including alcohol beverages? May a manufacturer or distributor donate to the trade No association of a retail licensee? 1 Definition: Gifts 2 Example: Cash, things of value, or alcohol beverages 4 Slotting Allowance (Slotting Fee)1, 2 May a manufacturer or distributor pay a slotting allowance No to a retailer? May a manufacturer or distributor provide free/discounted No non-alcohol products as a method to secure placement of alcohol products? 1 Definition: Generally, the provision of consideration to a retailer conditioned on the placement of alcohol beverages at the retail premises after purchase 2 Example: Consideration may be cash, anything of value or any service so conditioned. Placement may include premium shelf facings, floor display space, placement in the well or back bar, inclusion in kiosks or serving carts at special events, etc. for supplier brands, etc. Meals and Entertainment Provided to Retailers1 May a manufacturer or distributor provide meals and/or Yes. Use tied-house laws to entertainment to a retailer? determine extent of meals. 1 Definition: The purchase of meals or the providing of tickets to entertainment by a manufacturer or distributor to a retailer, either for purposes of conducting business discussion or enjoyment and relaxation Trade Practices 2015 Alabama SERVICES PROVIDED TO RETAILERS Jurisdiction’s allowances or restrictions on services that may be provided to a retailer or by a manufacturer or distributor Manufacturer/Distributor Advertising Beneficial to a Retailer1,2 May a manufacturer or distributor make advertisements Yes beneficial to a retailer? May a manufacturer or distributor list the name or address of Yes only one retailer where their brands may be purchased? May a manufacturer or distributor list the name or address or Have adopted
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