Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.110 - Inducements

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This section is enacted pursuant
				  to Alcoholic Beverage Code §§
										RSA
				  102.04,
				  RSA
				  102.07,
				  RSA
				  102.12,
				  RSA
				  102.15 and
				  RSA
				  108.06.
(b) Unless otherwise specified, this section
				  applies to members of the manufacturing and wholesale tiers for all alcoholic
				  beverages.
(c) Inducements.
				  Notwithstanding any other provision of these rules, practices and patterns of
				  conduct that place retailer independence at risk constitute an illegal
				  inducement as that term is used in the Alcoholic Beverage Code. Examples of
				  unlawful inducements are:
(1) purchasing or
				  renting shelf, floor or warehouse space from or for a retailer;
(2) requiring a retailer to purchase one
				  product in order to be allowed to purchase another product at the same
				  time;
(3) providing or purchasing,
				  in whole or in part, any type of advertising benefitting any specific retailer,
				  if the advertising is a result of unauthorized activity;
(4) furnishing food and beverages,
				  entertainment or recreation to retailers or their agents or employees except
				  under the following conditions:
(A) the value
				  of food, beverages, entertainment and recreation shall not exceed $1,000.00 per
				  person on any one occasion; and
(B)
				  food, beverages, entertainment and recreation provided may only be consumed or
				  enjoyed in the immediate presence of both the providing upper tier member and
				  the receiving retail tier member; and
(C) in the course of providing food,
				  beverages, entertainment or recreation under this rule, upper tier members may
				  furnish transportation; and
(D)
				  food, beverages, recreation and entertainment may also be provided during
				  attendance at a convention, conference, or similar event so long as the primary
				  purpose for the attendance of the retailer at such event is not to receive
				  benefits under this section; and
(E) each upper tier member shall keep
				  complete and accurate records of all expenses incurred for retailer
				  entertainment for two years.
(5) furnishing of service trailers with
				  equipment to a retailer;
(6)
				  furnishing transportation or other things of value to organized groups of
				  retailers. Members of the manufacturing and wholesale tiers may advertise in
				  convention programs, sponsor functions or meetings and other participate in
				  meetings and conventions of trade associations of general membership;
				  and
(7) except as otherwise allowed
				  under §
											RSA
				  45.41 of this chapter (relating to Additional
				  Reasons for Denial of Registration of a Malt Beverage Product), marking,
				  branding or labeling a malt beverage with:
(A) the tradename or trademark of any
				  retailer permittee or licensee or any private club registration permittee;
				  or
(B) a tradename or trademark
				  that is owned, licensed, or exclusively used by any retailer permittee or
				  licensee or any private club registration permittee.