04 NCAC 02T .0717. CONDITIONS WHEN COMMISSION APPROVAL REQUIRED FOR PROMOTIONS

(a)  Prior Approval Required; Exceptions.  An alcoholic beverage (which includes malt beverages, wines and spirituous liquors) industry member shall obtain written approval from the Commission prior to entering into any agreement to engage in activities as a sponsor for any promotion, as that term is defined in 04 NCAC 02T .0702(3), unless the activity involves the following:

(1)           sponsorships of nonprofit organizations that are not special one-time permittees, and the sponsored activity is neither held on the premises of a retailer nor cosponsored by a retailer;

(2)           printing and distribution of items that are classified as point-of-sale advertising material, consumer specialty items, retailer specialty items or novelty items, so long as the items are displayed and distributed in compliance with 04 NCAC 02S .1008, 04 NCAC 02T .0711(c)(6)(B) and 04 NCAC 02T .0713;

(3)           promotions that occur on an annual or regular basis and that have received written approval by the Commission in previous years, so long as the sponsorship activities engaged in by the industry member have not changed; and

(4)           sponsorships of individual amateur sports teams, when:

(A)          the services or things of value provided by the industry member are given to benefit the individual team and its members;

(B)          the team is not comprised of retailers or employees of retailers; and

(C)          the team is not jointly sponsored by a retailer.

(b)  The Commission shall approve a promotion if:

(1)           the procedure for approval is complied with as required by Paragraph (c) of this Rule;

(2)           the information provided as required by Paragraph (c) of this Rule is accurate; and

(3)           the promotion is a bona fide promotional event.

(c)  Procedure for Approval.  To receive consideration for approval by the Commission for a promotional activity, an industry member shall comply with the following procedures:

(1)           submit a completed Industry Promotion Approval form;

(2)           submit copies of broadcast and print advertisements; and

(3)           submit samples of advertising pieces and costs of items.

(d)  Notification to Wholesaler.  A manufacturer, importer or nonresident vendor of beer or wine that receives approval for promotional activity under this Rule shall provide a copy of the Commission's approval to each of its wholesalers in this state if that wholesaler is or will be participating in the promotion in any manner, including the distribution of promotional materials.

(e)  Approvals Restricted to Industry Members.  No approval for any promotional activity by an industry member shall be granted to a special one-time permittee, retailer, advertising agency, broadcaster or publisher.

(f)  Approvals Granted Only Upon Written Request.  The Commission shall not approve any verbal requests or hypothetical fact presentations describing promotional activities requiring prior written approval under this Rule.

(g)  Timing of Requests.  Industry members shall submit promotions for approval at least two months in advance of the promotion to allow adequate review by the Commission, and to allow for the mailing of written approvals to the industry member.

(h)  Promotion Agreements Restricted.  Commission approval of a promotion under this Rule shall not be construed as approval for the industry member to enter into any agreement, either express or implied, that its products will be sold or distributed by a retailer or special one-time permittee to the exclusion, in whole or in part, of other brands of alcoholic beverages offered by competitors.

 

History Note:        Authority G.S. 18B-100; 18B-105; 18B-207; 18B-1116;

Eff. July 1, 1992;

Amended Eff. April 1, 2011.