California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 16 - Signs and Notices › Section 106 - Advertising and Merchandising of Alcoholic Beverages

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Free
				Goods. No licensee shall, directly or indirectly, give any premium, gift, free
				goods, or other thing of value in connection with the sale, distribution, or
				sale and distribution of alcoholic beverages, and no retailer shall, directly
				or indirectly, receive any premium, gift, free goods or other thing of value
				from a supplier of alcoholic beverages, except as authorized by this rule or
				the Alcoholic Beverage Control Act.
(b) Definitions. Unless the context otherwise
				requires, the following definitions govern the construction of this rule.
(1) "Supplier" means any manufacturer,
				winegrower, manufacturer's agent, California winegrower's agent, rectifier,
				blender, broker, distiller, bottler, importer, wholesaler, or any officer,
				director, agent or affiliate of any such person.
(2) "Retailer" means any on-sale or off-sale
				licensee or any holder of a temporary retail permit or interim retail
				permit.
(3) "Sign" means a flat
				material or a three dimensional unit (other than the advertised product itself)
				principally bearing a conspicuous notice of the manufacturer's name, brand
				name, trade name, slogans, markings, trademarks or other symbols commonly
				associated with and generally used by the manufacturer in identifying the
				manufacturer's name or product, with or without other graphic or pictorial
				advertising representations, whether illuminated or mechanized, including but
				not limited to posters, placards, stickers, decals, shelf-strips, wall panels,
				shadow boxes, price boards, mobiles, inflatables, dummy bottles, bottle
				toppers, case wrappers, neck ringers, brand identifying statuettes, tap
				markers, table tents, mirrored signs, plaques and other similar items. A sign
				advertising distilled spirits or wine shall have no secondary value and be of
				value to the retailer only as advertising.
(4) "Decorations" means material other than
				permitted signs, displays, promotional material, and the product itself which
				are used in the interior of retail premises for the embellishment of said
				signs, displays and promotional materials. "Decorations" include such items as
				holiday decorations, paintings, pictures, streamers, bunting, corrobuff,
				inflatables, foil, trimming or other temporary material which need not contain
				a conspicuous notice of the manufacturer's name, brand name, trade name,
				slogans, markings, trademarks or other symbols commonly associated with and
				generally used by the manufacturer in identifying the manufacturer's name or
				product. Such decorations shall have no intrinsic or significant utilitarian or
				secondary value other than as an embellishment. Decorations furnished to a
				single off-sale retail premises by one supplier in use at one time shall not
				exceed $50 original cost to the supplier, or if not purchased by or for the
				supplier, shall not exceed the total fair retail market value of $50.
(5) "Promotional materials" means material of
				any kind other than permitted signs, displays, decorations, and the product
				itself furnished by a supplier to a retail licensee for advertising purposes.
				Promotional materials shall have no intrinsic or significant utilitarian or
				secondary value other than as permitted by this rule.
(6) "Window display" means the exhibition in
				windows of any or all of the following: permitted signs, promotional material,
				decorations and the advertised product itself.
(7) "Temporary floor display" means the
				exhibition of alcoholic beverages in off-sale premises by means of racks, bins,
				barrels, casks, shelving and similar devices from which alcoholic beverages are
				displayed and sold. Such displays shall bear conspicuous advertising required
				of a sign. "Temporary" shall mean a period of time not exceeding four
				months.
(8) "Sale", "Sales",
				"Distribution" or "Sales and Distribution" as used in this rule mean the total
				business of merchandising alcoholic beverages, including the solicitation of
				customers and the various methods and procedures used in advertising and
				promoting the sale of alcoholic beverages, as well as the actual transfer of
				title of alcoholic beverages.
(9)
				"Furnish" as used in this rule means to supply or make available for use as
				well as the giving or actual transfer of title of an item.