Title 9 Part 99

No retail package store licensee shall engage in any deceptive or misleading advertising, or cause or permit his name to appear in, or be used in conjunction with, any deceptive or misleading advertisement.

Any one or more package store licensees may, jointly or singly, advertise alcoholic beverages in accordance with this Part. However, if such advertisement contains (a) the name, trade name, trademark, insignia, symbol or logotype of any unlicensed person, corporation, cooperative advertising group or business entity, or (b) any trade name, trademark, insignia, symbol or logotype not belonging exclusively to one participating package store licensee, then such advertisement shall also prominently feature, in bold print, the following statement:

“UNDER STATE LAW, ANY PACKAGE STORE IS ENTITLED TO BUY ANY ITEM OF LIQUOR OR WINE SHOWN IN THIS ADVERTISEMENT AT THE SAME PRICE PAID BY THE STORES LISTED IN THIS AD. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR OR WINE BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THE LISTED STORES ARE INDEPENDENTLY OWNED AND OPERATED, THEY ARE NOT A CHAIN AND ARE NOT A COOPERATIVE BUYING GROUP.”

No package store licensee shall display any sign on the exterior or in the interior of his licensed premises which contains or advertises (a) the name, trade name, trademark, insignia, symbol or logotype of any other retail licensee, or of any unlicensed person, corporation, cooperative advertising group or business entity, or (b) any trade name, trademark, insignia, symbol or logotype not belonging exclusively to such licensee, unless there is prominently posted, at or near each checkout counter or cash register, a sign containing the following statement:

“NOTICE TO CONSUMERS UNDER STATE LAW, ANY PACKAGE STORE IS ENTITLED TO BUY ANY STANDARD BRAND OF LIQUOR OR WINE AT THE SAME PRICE PAID BY THIS PACKAGE STORE. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR OR WINE BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THIS STORE IS INDEPENDENTLY OWNED AND OPERATED. IT IS NOT PART OF ANY CHAIN OR COOPERATIVE BUYING GROUP.”

As used in this Part, the terms advertise and advertisement shall mean any advertising of alcoholic beverages through the medium of radio broadcast, television broadcast, newspapers, periodicals or other publications, outdoor advertisement, or any other printed or graphic matter, including booklets, flyers or cards.

Nothing contained in this Part shall be deemed to preclude any licensee from including in any advertisement the name or picture of any product which is brand label registered pursuant to section 107-a of the Alcoholic Beverage Control Law and which is then being offered for sale by such licensee.

For good cause shown to its satisfaction, the authority may grant waivers to licensees adversely affected by this Part, under such terms and conditions as the authority deems appropriate.