Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GIVING AND ACCEPTING THINGS OF VALUE › Section 13.51 - General prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
					 as provided herein and in §
											13.52 (relating to advertising
					 novelties), no in-State or out-of-State manufacturer, licensee or group of
					 licensees, their servants, agents or employees, may directly or indirectly, in
					 person, individually or through a trade organization, contribute to or accept
					 from another licensee or group of licensees of a different class, their
					 servants, agents or employees or a trade organization of licensees of a
					 different class, anything of value by means of advertisements, contributions,
					 purchase, sale of tickets, donations or by any device, for any
					 purpose.
(b) Manufacturers of
					 alcoholic beverages and their servants, agents, employees or representatives
					 are not prohibited from participating in the activities of conventions of State
					 or National organizations of retail liquor licensees, or distributor or
					 importing distributor malt beverage licensees. The participation shall be
					 limited to the payment of registration fees entitling the registrant to
					 admission to the convention, to the insertion of advertising in the convention
					 program of the State or National convention and to the furnishing of food,
					 beverages and entertainment to persons who are bona fide registrants at the
					 conventions.
(c) This section does
					 not prohibit an in-State or out-of-State manufacturer, licensee or trade
					 organization from providing another in-State or out-of-State manufacturer,
					 licensee or trade organization routine business entertainment as defined in
					 §
											13.1 (relating to definitions).
					 The routine business entertainment shall be subject to the following
					 conditions:
(1) Routine business entertainment
					 shall be provided without a corresponding obligation on the part of the
					 recipient to purchase alcoholic beverages or to provide any other benefit to
					 the donor or to exclude or restrict from sale the products of any other
					 licensee or in-State or out-of-State manufacturer.
(2) The donor, its servants, agents or
					 employees shall accompany the recipient during routine business entertainment.
					 When items such as tickets are donated by manufacturers to importing
					 distributors for the ultimate use of retailers, the donor is considered to be
					 the importing distributor and it is the importing distributor, or its servants,
					 agents or employees, who shall accompany the retailer.
(3) Routine business entertainment that
					 requires or includes an overnight stay is prohibited.
(4) No more than $800 may be spent in a
					 calendar year on any recipient licensee.
(5) Included under the $800 yearly
					 entertainment cap for a recipient licensee are the licensee, a spouse,
					 employees and guests.
(6)
					 Licensees, in-State manufacturers and out-of-State manufacturers shall keep
					 complete and accurate records of all expenses incurred and all routine business
					 entertainment received for 2 years. These records must contain the name of the
					 recipient and donor of the entertainment, the type of routine business
					 entertainment, the date and, in the case of a donor, the amount of expenditure
					 for each occasion.