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03.02.05.00.htm 03.02.05.00. Title 03 COMPTROLLER OF THE TREASURY Subtitle 02 ALCOHOL AND TOBACCO TAX Chapter 05 Alcoholic Beverage Trade Practices Authority: Article 2B, ยง16-301 and 16-302, Annotated Code of Maryland
03.02.05.01.htm 03.02.05.01. 01 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Advertising sign" means a printed board, poster, placard, or similar material provided by a supplier or licensed wholesaler to promote a particular alcoholic beverage product or supplier.2) "Alcoholic beverage list" means a list or other advertising piece which is provided to a specific licensed retailer or group of licensed retailers and includes:
03.02.05.02.htm 03.02.05.02. 02 General Provisions.. A. A representative may not engage in an activity that is impermissible on the part of the brand owner, nonresident dealer, supplier, or licensed wholesaler. If the representative is found to be acting contrary to this chapter, the representative's license or permit may be subject to suspension or revocation, and the license or permit of the representative's employer may be subject to suspension or revocation.B. Trade practice restrictions upon a brand owner,
03.02.05.03.htm 03.02.05.03. 03 Coupons.. A. In General.. 1) A coupon may only be provided to the consumer:. a) At the point of purchase;. b) Through direct mail;. c) Through the print media; or. d) Via a portable data file which can be downloaded and printed from the Internet.. 2) A licensed wholesaler and retailer and their employees and immediate families may not participate in supplier-sponsored coupon promotions.3) A licensed wholesaler and retailer may provide application forms and cou
03.02.05.04.htm 03.02.05.04. 04 Alcoholic Beverage Lists.. A. In General.. 1) Except as provided in this regulation, a supplier, licensed wholesaler, or person connected with a supplier or licensed wholesaler may not furnish, procure, or otherwise prepare an alcoholic beverage list for a licensed retailer.2) A licensed retailer may prepare and provide the retailer's own alcoholic beverage list if there is not an exclusive arrangement with consideration given by a supplier or licensed wholesaler to the
03.02.05.05.htm 03.02.05.05. 05 Tastings.. A. Except as provided in this chapter or Article 2B, Annotated Code of Maryland, a supplier or licensed wholesaler may not sponsor or participate in an alcoholic beverage tasting on licensed retail premises.B. An alcoholic beverage tasting may be given by a supplier or licensed wholesaler only to bona fide members and guests of a:1) Charitable organization;. 2) Nonprofit group or association;. 3) Trade association; or. 4) Group of retailers by invitation..
03.02.05.06.htm 03.02.05.06. 06 Relationships With Consumers.. A. In General.. 1) A consumer's source of supply is a licensed retailer.. 2) A representative or agent of a supplier or licensed wholesaler may provide to consumers in trivial quantities:a) Nominal advertising items such as matches, pencils, buttons, can openers, recipes, pamphlets, and similar items; andb) Nonapparel items as part of a nonstructured promotional campaign during a spontaneous and isolated visit to licensed retail premises.
03.02.05.07.htm 03.02.05.07. 07 Third Parties and Charitable Groups.. A. In General.. 1) A third party, acting on behalf of a licensed supplier or licensed wholesaler, may not engage in a promotional activity that would not be approved if it were submitted by the licensed supplier or wholesaler.2) A supplier, licensed wholesaler, or third party may not use a charitable or nonprofit organization, a person or entity affiliated with or related to a licensee, or another third party, as a surroga
03.02.05.08.htm 03.02.05.08. 08 Sweepstakes and Contests.. A. In General.. 1) Proposals for conducting a sweepstakes or contest in the State shall be submitted to the Bureau in time to be approved 14 days before the start of the contest or sweepstakes.2) A supplier or licensed wholesaler may sponsor a sweepstakes or contest in accordance with this chapter.3) A third-party promotional agency may sponsor a sweepstakes or contest if it complies with Regulation .07 of this chapter.4) A sweepstakes or conte
03.02.05.09.htm 03.02.05.09. 09 General Advertising.. A. In General.. 1) Advertising when paid for by the supplier or licensed wholesaler may not identify a particular licensed retailer, the retailer's employees, or the retailer's licensed premises.2) A licensed retailer or group of licensed retailers may not benefit, directly or indirectly, more than licensed retailers in general for advertisements when they are paid for by the supplier or licensed wholesaler.B. Cost of Advertising.. 1) A licensed wholesaler
03.02.05.10.htm 03.02.05.10. 10 On-Premises Advertising.. A. In General.. 1) A neon or other sign, poster, placard, device, or graphic display bearing advertising matter, or any other form of advertising, for use in windows or elsewhere on the licensed premises, may be given by a supplier or licensed wholesaler to licensed retailer if:a) The utilitarian value is secondary and only incidental to the value as an advertisement;. b) The total value of any single advertising item furnished for use in a li
03.02.05.11.htm 03.02.05.11. 11 Services to Retailers.. A. In General.. 1) Except as provided in COMAR 03.02.01 or this chapter, a brand owner, supplier, nonresident dealer permittee, or licensed wholesaler may not provide something of value to a licensed retailer as prohibited by provisions of Article 2B, Annotated Code of Maryland.2) A brand owner, supplier, nonresident dealer permittee, or licensed wholesaler may not provide a service or item of utilitarian value which would relieve a licensed retailer
03.02.05.12.htm 03.02.05.12. 12 On-Premises Promotions.. A. Description.. 1) An on-premises promotion is an activity to promote a brand owner's product that includes:. a) Brand owner promotions;. b) Charity promotions;. c) Radio station promotions; or. d) Licensed retailer promotions.. 2) An on-premises promotion includes tastings:. a) That are open to the public and held in conjunction with a reception or dinner; and. b) At which a representative of a supplier or licensed wholesaler:. i) Is present;.
03.02.05.9999.htm 03.02.05.9999. Administrative History Effective date: October 1, 1996 (23:18 Md. R. 1315). Regulation .01B amended effective December 11, 2000 (27:24 Md. R. 2198) September 2, 2002 (29:17 Md. R. 1377) May 1, 2005 (32:6 Md. R. 635)Regulation .01B amended as an emergency provision effective April 25, 2006 (33:15 Md. R. 1271) amended permanently effective October 9, 2006 (33:20 Md. R. 1612)Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198).
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