No – this is a piece of furniture and must be charged by the distributor. Retailer must have the paid invoice for the item. Vinyl stickers are acceptable but retailer must show proof of purchase.
Is there a time involved in posting these discounts? (i.e., by the first of each month, the 15th of the previous month etc.)
No rule or law that distributors must announce their discounts in writing but you must have documentation of what the distributor’s discounts are for the given time on the invoice.
This falls under the standard tasting sampling rule. This is acceptable as long as the distributor takes the unused product back after the sampling is completed.
If a manufacturer offers an electronic coupon (ex/ penny offer) to one retailer at a certain amount (ex/$4), and that amount is more than the general market coupon (ex/$1), is that legal? (c) Are retailers permitted to sell alcohol below cost?
- Penny offers are considered giving free alcohol to a consumer and are therefore not allowed. Coupons that offer non-alcohol items at a penny are allowed (i.e. Buy Brand X Beer get a bag of charcoal for 1¢). Buy 2 cases get one free discounts are not allowed. This encourages over indulgence and is not permitted.
Instant Redeemable Coupons (IRC) that are readily available at the retail premises are not permitted (tear offs, neckers, coupons stuck to the case, etc.). A consumer that receives an IRC in the mail, or cut out of a newspaper advertisement or print from a web page is permitted. The ILCC will monitor these types of IRCs for retail fraud.
- All manufacturer/distributor coupons must be accepted and/or allowed at all similarly situated retailers.
- Retailers are not permitted to sell alcohol below invoiced cost.
No – this is something of value. NA coolers can be given provided as long as the distributor does not store alcoholic beverages in the cooler. Retailers that receive NA coolers from distributors and store alcoholic beverages in the NA cooler will be cited by the ILCC.
Example, a window scrim technology allows distributors to apply a sign to the outside of a window. These scrims are “invisible” from inside a retail account looking out but visible outside an account looking in.
Is this considered an inside or outside sign and what rationale is used to determine this?
If the sign is physically installed on the outside, the sign is considered an outside sign. If the sign is physically installed on the inside of the premises, it is considered an inside sign.
If a tool is needed to remove the sign, if the sign damages the mating surface, or if the sign is destroyed once the sign is removed then the sign is determined to be a permanent sign. Zip tied banners continue to be a temporary sign as it only requires a simple pair of scissors to remove.
If the distributor is attempting to exclude a retailer then it would not be allowed. If you want product A then you have to buy product B scenarios is illegal. Distributors must treat all similarly situated retailers the same.
You are allowed to give a retailer one time a courtesy wagon, cold plate or cold box 1 time for free.