Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.05 - Cooperative Advertising

Current through Register Vol. 42, No. 9, June 28, 2024
(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.
(9) Reserved
(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.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.