04 NCAC 02T .0713. ACCEPTED TRADE PRACTICES; THINGS OF VALUE; RETAIL PERMITTEES

(a)  Items That Must Be Sold.  The following things of value shall not be given, loaned or rented by any alcoholic beverage (which includes malt beverages, wines and spirituous liquors)industry member to a retail permittee, but may be sold to the retail permittee at the price paid for the item by the first industry member who acquires the item:

(1)           novelties, such as coolers, umbrellas, ice chests, beach towels, towels, and sports equipment, so long as the novelty item has not been customized for a retail permittee with the  retail permittee's name or logo;

(2)           glassware and cups, so long as the items have not been customized for a retail permittee with the retail permittee's name or logo;

(3)           carbon dioxide;

(4)           ice;

(5)           beer tapping accessories, including faucets, rods, vents, taps, hoses, washers, couplings, gas gauges, vent tongues, shanks, and check valves; and

(6)           menus that exceed the number of food items provided in 04 NCAC 02S .1008(a)(3).

(b)  Items That May Be Provided at No Charge.  The following things of value may be given, furnished, loaned, rented or sold by an industry member to a retail permittee:

(1)           samples of malt beverage, wine and spirituous liquor products in the following quantities:

(A)          no more than three gallons of any brand of malt beverages;

(B)          no more than three liters of any brand of wine; and

(C)          no more than 50 milliliters of any brand of spirituous liquor.

Samples may be given only to a retail permittee who has not previously purchased those brands from the industry member within the previous calendar year.

(2)           recipes, booklets and brochures for cooking with wine, malt beverages or spirituous liquors as described in 04 NCAC 02S .1008(a)(3).

(3)           malt beverage, wine and mixed beverage lists, in accordance with 04 NCAC 02S .1008(a)(3).

(4)           combination packaging, as provided in 27 C.F.R. 6.93;

(5)           consumer specialty items such as bottle or can openers, cork screws, ash trays, shopping bags, individual can coolers, hats, caps, visors, t-shirts (without collars or buttons), or key chains.  Such items may be given to retail permittees for distribution to consumers, or may be provided by industry member personnel directly to consumers at the retail permittee's place of business during visits that are not announced or advertised to consumers.  Consumer specialty items shall not be customized for a retail permittee with the retail permittee's name or logo;

(6)           product displays, to include wine racks, bins, barrels, casks and shelving from which malt beverage, wine or spirituous liquor are displayed and sold, so long as:

(A)          each display bears conspicuous and substantial advertising matter; and

(B)          the dollar limitations per brand do not exceed one hundred sixty dollars ($160.00);

(7)           point of sale advertising materials which have value only as advertising, so long as the pieces have not been customized for any individual retail permittee; and

(8)           retail permittee advertising specialty items as described in 04 NCAC 02S .1008(a)(4),so long as the items have not been customized for an individual retail permittee, and so long as the dollar limitations per brand do not exceed three hundred dollars ($300.00) per year.

(c)  Point-Of-Sale Advertising Materials.  Notwithstanding having a secondary value, the following items are considered to be point-of-sale materials and need not be submitted by an industry member for approval prior to use, so long as the items bear conspicuous advertising matter:

(1)           clocks;

(2)           lamps;

(3)           lighted displays;

(4)           blackboards;

(5)           bulletin boards;

(6)           dart board backgrounds;

(7)           menu and price boards;

(8)           tap standards;

(9)           calendars;

(10)         mirrors; and

(11)         prizes offered in a consumer sweepstakes or contest pursuant to 04 NCAC 02T .0716(b).  The prizes shall bear a sticker that shows it is the property of the industry member.  The prizes shall be picked up by the industry member at the conclusion of the sweepstakes or contest.

(d)  The provisions of 27 C.F.R. 6.93 referenced in this Rule are incorporated by reference, but such incorporation does not include subsequent amendments.  Copies of this regulation are available for inspection and copying as provided in 04 NCAC 02T .0401.

(e)  Nothing within this Rule applies to ABC boards.

 

History Note:        Authority G.S. 18B-100; 18B-107; 18B-1116(b); 27 C.F.R. 6.83; 27 C.F.R. 6.85; 27 C.F.R. 6.91; 27 C.F.R. 6.93 (1986);

Eff. July 1, 1992;

Amended Eff. April 1, 2011.