California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 15 - Prices › Section 105 - Beer Price Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following definitions shall apply to beer price posting and to the information
				required as indicated on a schedule, and in sections
				105,
				105.1, and
				105.2 of this Article:
(1) "Competitive Price" means a change to an
				active price to meet lower filed competing price for the same package
				configuration, size, county, type of customer, and receiving method in a trade
				area. For purposes of this provision, "trade area" means a county or trading
				area within a county. A competitive price shall not be lower than the
				competitor's filed price. Competitive prices are effective pursuant to Business
				and Professions Code section
				25002.
(2) "Container Charge" means a refundable
				deposit that may be assessed for kegs.
(3) "Customer" means another licensee that is
				purchasing beer from either a manufacturer, importer, or wholesaler.
(4) "Delivered" means the delivery of
				purchased beer to a customer.
(5)
				"Effective Date" means either immediately or on the tenth day following the
				submission of the schedule, pursuant to Business and Professions Code section
				25002.
(6) "FOB" means free on board and is to be
				used if a customer assumes liability at the seller's licensed
				premises.
(7) "Importer" means an
				entity that imports beer from manufacturers outside California for resale to
				wholesalers within California.
(8)
				"Line Item" means the combination of "manufacturer," "trade name," "product
				name," and "package configuration," together with the related price and other
				information recorded on the schedule.
(9) "Manufacturer" means the actual
				manufacturer of the beer.
(10)
				"Package Configuration" means the specific configuration of the package of beer
				that is sold as a unit, which may include packages that are also sold as
				separate units. If a package configuration is identified as containing a
				specified number of single, or loose, containers, then the package must be
				physically or stylistically different from a package configuration that
				comprises the same number of individual containers sold as a unit. For purposes
				of this provision, "single" or "loose" means that it is intended that the
				package will be separated at the retailer's licensed premises and sold to
				consumers as individual containers or in other combinations determined by the
				retailer.
(11) "Posted By" means
				the licensee that actually establishes prices and posts the schedule.
(12) "Price" means the price for the beer to
				be actually charged to a purchasing customer. Except as otherwise expressly
				authorized, the price shall include all charges, surcharges, fees, assessments,
				discounts, and California Redemption Value (CRV), but shall not include any
				refundable container charge that is separately identified on the schedule for
				any particular line item.
(13)
				"Price Promotion" or "Price Promotion Program" means that a manufacturer or
				importer will reimburse a wholesaler for a portion of a reduction in price
				posted by the wholesaler for the sale of beer to retailers as authorized by
				section 105.2 of this Article.
(14) "Prices To," for purposes of the field
				required within the online price posting system, means manufacturers,
				wholesalers, retailers, or customers located within a federal
				enclave.
(15) "Product Name" means
				the common identification of the beer and shall be the same as the fanciful
				name identified on the certificate of label approval on file with the Alcohol
				and Tobacco Tax and Trade Bureau. If no fanciful name is listed on the
				certificate of label approval, the product name shall be the same as the trade
				name, or if no certificate of label approval is required to be filed then it
				shall have the same meaning as if a certificate of label approval was required.
(i) If the "Trade Name" and the "Product
				Name" are identical, only the "Product Name" shall be included.
(ii) If a line item is a package that
				contains different beers of more than one trade name or product name in a
				combination pack, for purposes of identification on the schedule the "product
				name" shall be the name given to the combination package.
(16) "Promotional Item" means an additional
				item included in a package that is not beer, such as, for example, a
				glass.
(17) "Receiving Method"
				means either FOB or delivered.
(18)
				"Schedule" means the listing of beer prices as required by Chapter 12 of the
				Alcoholic Beverage Control Act, commencing with Business and Professions Code
				section
				25000,
				and sections
				105,
				105.1 and
				105.2 of this Article.
(19) "Size" or "Product Size" means the
				volume of beer in each container and shall also include the type of container
				used. In the case of a bulk upload of price schedules, "Product Size" shall
				identify the volume in each container and "Container Type" shall identify the
				type of container used.
(20)
				"Status" means that a particular line item is either active, inactive, or
				old.
(21) "Trade Name" means the
				name of the beer and shall be the same as the brand name identified on the
				certificate of label approval on file with the Alcohol and Tobacco Tax and
				Trade Bureau, or if no certificate of label approval is required to be filed
				then it shall have the same meaning as if a certificate of label approval was
				required.
(22) "Trading Area" means
				a specifically identified area within a county based upon natural geographical
				differences justifying different prices, as authorized by Business and
				Professions Code section
				25000(a).