Title 9 Part 94

No licensed brewer, out-of-State or foreign brewer, licensed beer wholesaler who is the brand agent in this State for an out-of-State or foreign brewer, or any other beer wholesaler, may directly or indirectly make any gift or render any service of any kind or nature whatsoever to any licensed beer wholesaler which, in the judgment of the Liquor Authority, may tend to influence such licensed beer wholesaler to purchase a product from such licensed brewer, out-of-State or foreign brewer, brand agent or wholesaler.

For purposes of this Part: (a) the term supplier shall mean a licensed brewer and/or an out-of-State or foreign brewer and/or its brand agent in this State and (b) the term sales incentive program shall mean any sales contest, promotion, or other incentive program, plan or arrangement whereby a supplier directly or indirectly offers or gives any prize, bonus, premium, award or other thing of value to any licensed beer wholesaler based or contingent upon volume of sales, number of accounts or opening of new accounts. Any prize, bonus, premium, award or other thing of value offered or given to any officer, employee or other representative of a licensed beer wholesaler shall be deemed for the purposes of this Part to have been given to such wholesaler.

The Liquor Authority hereby determines that sales incentive programs which conform to all of the following terms and conditions do not “tend to influence” a licensee to purchase a product and, hence, are not prohibited by section 101(1-c) of the Alcoholic Beverage Control Law:

Not later than June 30 in each year, each licensed brewer and each brand agent in this State for an out-of-State or foreign brewer (or, in the case of an out-of-State or foreign brewer holding a wholesale license in this State, such wholesale licensee), shall furnish to the authority, in the form and manner provided by the authority, such information as the authority may request in order to verify compliance during the preceding calendar year with the provisions of this Part, including without limitation:

For purposes of subdivisions (b) and (d) of section 94.3, subdivisions (a), (b) and (c) of section 94.4, and section 94.6 of this Part, an out-of-State or foreign brewer and its brand agent in this State shall be deemed to be a single “supplier.”

Notwithstanding anything to the contrary contained in this Part, during the period from the date hereof to December 31, 1974:

Nothing contained herein shall

For good cause shown, the authority may waive any or all of the provisions of this Part.