Title 9 Part 86

Section 101(1)(c) of the Alcoholic Beverage Control Law provides that no manufacturer or wholesaler shall make any gift or render any service of any kind whatsoever, directly or indirectly, to any licensee which, in the judgment of the Liquor Authority, may tend to influence such licensee to purchase the product of such manufacturer or wholesaler. This rule describes the types of services and things of value which the Liquor Authority has determined that manufacturers or wholesalers may furnish to retail licensees. No manufacturer or wholesaler shall, directly or indirectly, give any article or thing of value, or render any service of any kind, to any retailer, except as permitted by this rule. No retail licensee shall accept any such gift or service of any kind whatsoever, except as permitted by this rule.

A manufacturer or wholesaler may furnish, give, rent, loan or sell wine lists or wine menus to retail on-premises licensees. The wine lists or wine menus may contain the name of the retail licensee.

A manufacturer or wholesaler may give or sponsor educational seminars for employees of retailers, either at the manufacturer's or wholesaler's premises or at the retail premises. Examples would be seminars dealing with the use of a retailer's equipment, training seminars for employees of retailers, or tours of a manufacturer's or wholesaler's premises. This section does not authorize a manufacturer or wholesaler to pay a retailer's expenses in connection with an educational seminar.

A manufacturer or wholesaler may offer contest prizes, premium offers, refunds and like items directly to consumers, as long as officers, employees and representatives of other licensees are excluded from participation. Advertising or promotion of such contests, offers, refunds or the like may include, but need not be limited to, point-of-sale advertising, entry blanks and the like, placed in a retailer's premises.

The names and addresses of retailers selling the products of a manufacturer or wholesaler may be listed in an advertisement of that licensee if (a) the advertisement does not also contain the retail price of the product, and (b) the listing is the only reference to the retailer in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole. Pictures or illustrations of retail establishments or laudatory references to retailers in manufacturer's or wholesaler's advertisements are not hereby authorized.

Decanters or carafes may be furnished, given or sold to an on-premises retail liquor or wine licensee, to be used only for the service of wine purchased from a manufacturer or wholesaler in containers not less than one gallon or more than 15 gallons. The cost of such decanters or carafes shall be considered together with the articles enumerated in subdivision (a) of section 86.2 of this Part, and included in the total cost prescribed therein. Such decanters or carafes shall have stated thereon the following:

Dummy display bottles of liquor or wine may be furnished, given or sold to retail liquor or wine licensees, provided each such bottle does not exceed five gallons in size, and further provided that each such bottle shall conform with the Federal regulations governing display bottles and bears a label identifying that the bottle is for display purposes only.

Rods, vents, taps, hoses (rubber or metal), choke or restrictor coil not exceeding 10 feet in length to any one line, washers, couplings, vent tongues, valves, bungs, gauges, regulators, distributors, connectors, cellar thermometers, tap markers, bucks, rod brushes, air cocks, air tees, metal tubing to connect regulators and gauges, necessary parts to faucets including faucet bodies, spigots, unions and bottle openers may be furnished, given or sold to a retailer and installed in his establishment. Picnic pumps, gravity keys, tubs, portable bars, cold plates, gauges, portable cooling units and refrigerated trucks or trailers may be furnished, loaned or rented for temporary use at a particular function, but not for use by a retail licensee in the normal day-to-day operation of his business; carbon dioxide or other propellant may be furnished or sold for use in connection with the operation of such equipment.

The following kinds of service may be furnished, given or sold to a retailer:

No manufacturer or wholesaler shall give or promise, directly or indirectly, to any retailer any fee, gratuity, rebate, credit or discount of any nature whatsoever for any gift or service enumerated in this Part.

The stocking, replenishing, rotating, displaying and price marking of beer or wine products by manufacturers and wholesalers who are authorized to sell such products in coolers, on shelves, and floor display areas of retail establishments and off-premises establishments licensed under Section 54 of the Alcoholic Beverage Control Law, from stocks of beer or wine products on hand in such retail premises, or from stocks of beer being delivered thereto, shall not constitute a prohibited service within the contemplation of subdivision 1(c) of section 101 of the Alcoholic Beverage Control Law or of this section, provided: