Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.405 - PRODUCT AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) Liquor products
				will be made available for sale in the following classifications:
(a) Regular products will be designated in
				the department's quarterly price book and have sufficient supply maintained in
				the state liquor warehouse in accordance with ARM
				42.11.421. An
				agent shall give an all-beverage licensee a reduction of eight percent off the
				posted price for purchasing regular products in unbroken case lots.
(b) Special order products that have sold at
				least one case in the prior 12 months will be published in the department's
				quarterly price book. An agent may not give an all-beverage licensee an eight
				percent discount for purchasing special order products in unbroken case lots.
(i) Inventories will be maintained in the
				state liquor warehouse in accordance with ARM
				42.11.421 on the
				highest-selling 350 special order products based on case sales in the 12-month
				period prior to the department's quarterly review.
(ii) Inventories will not be maintained in
				the state liquor warehouse for all other special order products . These
				products will be available on an order-by-order basis and, depending on vendor
				requirements and availability, the order may take six weeks or more to be
				filled.
(A) A vendor with a vendor permit and
				at least one registered vendor representative may ship these products to the
				state liquor warehouse on a promotional contract . To seek approval for the
				shipment, the vendor must submit the request on a form prescribed by the
				department. The department shall notify the vendor upon approval. The
				promotional contract should state:
(I) that
				the product will be maintained in the state liquor warehouse;
(II) the test market locations proposed for
				the product and the expected initial order amount;
(III) the promotional strategy that the
				vendor and the vendor's registered representative will undertake during the
				six-month promotion period; and
(IV) a return address for excess product at
				the end of the promotional period.
(B) No additional vendor promotions will be
				allowed until excess product is removed from the state liquor warehouse. If
				arrangements have not been made to ship excess product back within 30 days of
				notification, product will be destroyed at the vendor's expense.
(c) Seasonal products
				are not published in the department's quarterly price book. The department will
				notify agency liquor stores when seasonal products become available. An agent
				may not give an all-beverage licensee an eight percent discount for purchasing
				seasonal products in unbroken case lots.
(d) Discontinued products are not published
				in the department's quarterly price book. Discontinued products are available
				until all inventories have been depleted. An agent is not required to give an
				all-beverage licensee an eight percent discount for purchasing discontinued
				products in unbroken case lots. An agent may sell discontinued products to
				licensees at or below the last price on file with the department and may sell
				discontinued products at any price to the general public.