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, supplier, or licensed wholesaler, which apply to alcoholic beverage products, advertising, or promotions, apply equally to nonalcoholic products if the activity or service could be construed as providing something of value to a licensed retailer or as relieving the licensed retailer of an ordinary business expense.

C. If a licensee or permittee is deemed to be acting contrary to one or more specific provisions of this chapter, in whole or in part, in addition to other available administrative remedies, including suspension or revocation of a license or permit, the licensee's or permittee's authority to engage in that particular trade practice activity may be temporarily or permanently terminated, without affecting the other aspects of the licensee's or permittee's operation or authority.

D. This chapter is applicable to all alcoholic beverage trade practice regulations. If there is a specific conflict with previously issued administrative notices or bulletins, these regulations prevail. Otherwise, any prior notice or bulletin on the subject of trade practices remains in effect.

E. If a general statement conflicts with an exception or qualification applicable to persons or sets of circumstances, the regulation as stated in the exceptions or qualifications prevails over the general provisions insofar as there is any conflict or inconsistency between the two.