N.J. Admin. Code § 13:2-24.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-24.2 - Discrimination in services, facilities or equipment

(a) Except as may otherwise be authorized by this subchapter, no manufacturer, supplier, importer, brand registrant, wholesaler or distributor privileged to engage in the commerce of any alcoholic beverage into or within this State shall, directly or indirectly, in any connection whatsoever with the sale, purchase, distribution or marketing of alcoholic beverages in this State, sell, pay, grant, provide, receive or accept anything of value:

1. As a commission, brokerage fee or other compensation, or any allowance or discount in lieu thereof, except for the reasonable value of services actually rendered, and as to the sale, purchase or distribution of alcoholic beverages, and only to a permittee, licensee or registrant of this State; or

2. As, or for services, facilities or equipment, unless the same is available on proportionally equal terms to all other customers or accounts competing in the distribution of the connected alcoholic beverage product(s), except that no service, facility or equipment may be offered to a retail licensee which, directly or indirectly, requires the future purchase or an agreement to make a future purchase of any alcoholic beverages.

(b) Manufacturers, suppliers, wholesalers, importers or third parties at their direction may build or provide product displays on retail licensed premises as mutually agreed upon with the retailer, provided:

1. Provision of product displays shall be conditioned upon purchase of alcoholic beverage product adequate to initially complete the display; however, no other condition can be imposed on the retailer to receive the product display;

2. Any promotional item in a product display having a value not exceeding $ 300.00, must be awarded to a consumer. The retailer shall be supplied with a sweepstakes tear pad for this purpose, unless the display item(s) are novelty items of nominal value intended to be given away to consumers; and

3. Any promotional item in a product display with a value exceeding $ 300.00 shall remain the property of the industry member supplying the promotional item and shall be returned to them upon removal of the display.

(c) No solicitor shall receive compensation, whether by commission or otherwise, unless the solicitor performed the duties referenced in N.J.A.C. 13:2-16.3(e) throughout the period and for each account for which the compensation is paid.

(d) No solicitor whose immediate family member, as defined in N.J.A.C. 13:2-16.3(d), has a direct or indirect financial interest or participates in the operation of a retail license, shall receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of another solicitor employed by the same wholesaler has any direct or indirect financial interest or participates in the operation thereof.

N.J. Admin. Code § 13:2-24.2

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
In (a)2, corrected error.
Amended by R.2010 d.160, effective 8/2/2010 (operative October 1, 2010).
See: 41 N.J.R. 2436(a), 42 N.J.R. 1733(a).
Added (b) and (c).
Amended by R.2011 d.234, effective 9/6/2011.
See: 43 N.J.R. 557(a), 43 N.J.R. 2354(a).
Added new (b); and recodified former (b) and (c) as (c) and (d).