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 or retailer may not participate, directly or indirectly, in the cost of promoting or advertising wine or distilled spirit products unless the licensed wholesaler or retailer is the brand owner.

(2) A supplier or brand owner may not undertake any plan or design which directly or indirectly results in the purchase of wine or distilled spirits advertising materials, supplies, or services by a licensed wholesaler or retailer.

C. Advertising Categories.

(1) Radio and Television Advertising.

(a) Advertising of alcoholic beverages on radio or television is permitted if the advertising meets the requirements of the Alcohol and Tobacco Tax and Trade Bureau and the Federal Communications Commission.

(b) A supplier, nonresident dealer permittee, and licensed wholesaler may not directly or indirectly provide, pay, or credit a licensed retailer with radio or television advertisements.

(c) A licensed retailer may not use advertising credits or "free spots" that have been accrued by a supplier or licensed wholesaler based upon other contractual agreements.

(d) A licensed retailer shall pay for radio and television advertising for the purpose of promoting the licensee's general business, location, or any special promotions independently conducted by the licensed retailer.

(2) Print Advertising.

(a) General newspaper, magazine, and periodical advertisements of alcoholic beverages are permissible if they comply with the provisions of COMAR 03.02.01.07.

(b) Restrictions on advertising related to radio and television as stated in this regulation also apply to print advertising.

(3) Billboards.

(a) A supplier or licensed beer wholesaler may advertise on a billboard when the advertising is brand-identifiable and of benefit only to licensed retailers in general.

(b) A licensed retailer may advertise on billboards if the cost is paid by the licensed retailer and the advertising does not promote a particular wine or distilled spirit product.

(4) Giant Inflatable Balloons, Bottles, Cans, and Mobile Displays.

(a) A display may be used in parades and other functions if it is not brought to permanent rest in front of a licensed retailer's premises.

(b) A display is permitted on or near licensed retail premises if it is intended to promote an authorized event being held or sponsored by a supplier, licensed wholesaler, nonprofit organization, or trade association, and is not intended to promote a particular licensed retailer.