(a) General.
(1) This rule is enacted pursuant to §102.20 and
Chapter 105 of the Alcoholic Beverage Code.
(2) This rule applies to members of the wholesale tier
and those members of the manufacturing tier authorized to sell to
retailers for all beverages.
(b) Restocking. Licensees and permittees subject to
this rule may, at retail premises, with permission of the retailer,
stock, rotate, affix prices, and reset or rearrange alcoholic beverages
they sell, provided products of other industry members are not altered
or disturbed,
(c) At retail premises, with permission of the retailer,
licensees and permittees subject to this rule may:
(1) organize and construct displays accessible by the
consumer of alcoholic beverages they sell;
(2) move products of other industry members that are
arranged in displays accessible to the consumer (e.g., floor or end
cap displays) in order to perform the services allowed by this subsection.
Movement of products under this subsection is not considered restocking
under subsection (b) of this section; and
(3) provide retailers with temporary display enhancement
items such as televisions and grills, which may be used only for product
promotion. Temporary display enhancement items must be returned to
the manufacturer or wholesale tier member that provided it as soon
as practicable after the display is dismantled.
(d) The activities permitted by subsections (b) and
(c) of this section may only be performed during the hours when the
sale or delivery of specific alcoholic beverages are legal and may
also be performed for malt beverages and wine from 5:00 a.m. to 12:00
noon on Sunday.
(e) Licensees and permittees subject to this rule may
provide shelf plans or schematics to retailers.
(f) The activities permitted by subsections (b) and
(c) of this section must be proportional to the retailer's business
volume and demand.
(g) Except for time spent in the standard delivery
process and additional service time prescribed by the distributor
under subsection (h) of this section, restocking and other merchandising
services performed by a distributor that exceed 40 hours per week
per retail premises shall constitute an impermissible service or thing
of value under Chapter 102 of the Alcoholic Beverage Code. Delivery,
pre-sale, and product-ordering activities are not considered merchandising
for purposes of this subsection.
(h) In special circumstances such as major holidays,
new product rollouts, and major events, only the distributor may determine
whether and how much additional service time beyond 40 hours per premises
per week is reasonably necessary for activities permitted by subsections
(b) and (c) of this section.
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Source Note: The provisions of this §45.109 adopted to be effective January 2, 1998, 22 TexReg 12748; amended to be effective September 17, 1998, 23 TexReg 9339; amended to be effective February 14, 2022, 47 TexReg 647 |