Ala. Admin. Code r. 20-X-7-.05
Current through Register Vol. 43, No. 1, October 31, 2024
Section 20-X-7-.05 - Cooperative Advertising(1) There shall be no cooperative advertising between a producer, manufacturer, importer, wholesaler, or a retailer of alcoholic beverages.(2) The term "cooperative advertising" shall mean payment or credit to any person licensed to sell alcoholic beverages at retail for all or any portion of advertising by a producer, importer, or wholesaler of alcoholic beverages, whether or not licensed by the ABC Board.(3) The term "cooperative advertising" shall not be construed to include point-of-sale advertising furnished by a manufacturer or wholesaler to a retailer, or any joint effort between a manufacturer and a wholesaler or an importer and a wholesaler.(4) Point-of-sale advertising material(s) determined to have financial worth in excess of advertising value shall not be distributed to a retailer until the cost is paid by the retailer to the supplier.(5) There shall be no signs or banners outside the premises of any retail licensee which advertise a particular manufacturer or brand of alcoholic beverages except that special events retail licensees, international motor speedways retail licensees, and any retail licensees operating a stadium, ballpark or outside theater shall be permitted to have such signs and banners which advertise a particular brand of alcoholic beverages.(6) Durable retail advertising specialties, such as clocks, pool table lights, non-electric coolers and the like which bear prominent advertising of a particular manufacturer or brand of alcoholic beverages shall be considered as point-of-sale advertising material which has no financial worth in excess of its advertising value. The transfer of possession of durable retail advertising specialties to a retailer shall be absolute, irrevocable and shall not be conditioned upon any business relationship including, but not limited to, the purchase of alcoholic beverages.(7) Expendable retail advertising specialties provided to a retailer by a manufacturer or wholesaler such as ash trays, coasters, mats, table tents, napkins, cups, glassware, thermometers, and the like, shall be sold to a retailer at a price not less than the actual cost to the industry member who initially purchased such specialty or specialties, without limitation in total dollar value of such items sold to the retailer.(8) Consumer advertising specialties provided to a retailer by a manufacturer or wholesaler such as T-shirts, bottle openers, shopping bags, buttons, key chains, and the like, shall be sold to a retailer at a price not less than the actual cost to the industry member who initially purchased such specialty or specialties, without limitation in total dollar value of such items sold to the retailer. Provided that where the consumer advertising specialty or specialties are given to the consumer directly by an employee or agent of the wholesaler licensee, there shall be no charge to the retailer for the cost of such specialty.(10) The term "and the like" as it appears in the paragraphs addressing durable retail advertising specialties, expendable retail advertising specialties, and consumer advertising specialties may include any item in addition to those enumerated as the Board may designate.Ala. Admin. Code r. 20-X-7-.05
Repealed and New: Filed August 21, 1998; effective October 16, 1998. Amended: Filed May 2, 2001; effective June 6, 2001.Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.Author: ABC Board
Statutory Authority:Code of Ala. 1975, § 28-3-49.