04 NCAC 02T .0901. DISTILLER REPRESENTATIVES: PROHIBITED ACTS

(a)  Representatives Prohibited from Entering Store.  Distiller representatives shall not enter any ABC store except for the purpose of calling on the buyer if the buyer's office is maintained in the store, for the purpose of making a purchase or unless given permission by a local Board to market product, build displays, or attach added value items.

(b)  Representatives Prohibited from Contacting Store Personnel.  Distiller representatives shall not contact, either directly or indirectly, or call upon store personnel while store personnel are off duty for the purpose of promoting their merchandise. Store personnel shall not allow distiller representatives to contact them, either directly or indirectly, or allow the distiller representatives to call upon them while they are off duty for the purpose of promoting their merchandise.

(c)  Gifts Prohibited.  Representatives shall not give liquor, including samples, or anything of value to local ABC board members or employees, which includes store managers and general managers, at any time.  Local ABC board members or employees, which includes store managers and general managers, shall not accept gifts, either directly or indirectly, from any representative.

(d)  Soliciting and Advertising Prohibited.  Except for purchases made by state or local officials for supply of ABC stores, salesmen of spirituous liquor shall not with regard to purchases of spirituous liquor by any person:

(1)           solicit any order, agreement, or other commitment to purchase liquor, whether or not it is legally enforceable; or

(2)           advertise, promote or encourage purchases by any means or method or furnish any means by which spirituous liquor may be obtained, except as provided in 04 NCAC 02S .1011.

Exceptions shall be made upon notification from the Commission to a distiller representative when there is expressed interest by a fraternal or civic group in the purchase of a ceramic or commemorative decanter.  Upon notice, distiller representatives may present pictorial art work or renderings in solicitation and a presentation to that group.

(e)  Relationship With Mixed Beverages Permittee.  No employee or representative of any distiller, importer, rectifier or bottler may promote or solicit orders by a mixed beverages permittee or aid the permittee in placing orders for any spirituous liquor or for any other alcoholic beverages.

(f)  Gifts and Inducements Prohibited.  No employee or representative of any rectifier or industry member may give or lend to any mixed beverage permittee, or his employee any gift, money, services, equipment, furniture, fixture or other thing of value.

 

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

Eff. January 1, 1982;

Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984.