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TITLE 16ECONOMIC REGULATION
PART 3TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 45MARKETING PRACTICES
SUBCHAPTER FADVERTISING AND PROMOTION--ALL BEVERAGES
RULE §45.117Gifts and Advertising Specialties

(a) General.

  (1) This section is enacted pursuant to Alcoholic Beverage Code §§102.07(b), 102.07(d), 108.042 and 109.58.

  (2) This section applies to buyers, sellers and consumers of liquor.

(b) Gifts to consumers. Manufacturers and wholesalers may furnish gifts to consumers.

  (1) The gifts shall be offered consistently with the restrictions contained in Alcoholic Beverage Code §102.07(d).

  (2) The items given may be novelty items of limited value. Such items shall be designed to promote a specific product or brand and may have a utilitarian function in addition to product promotion.

  (3) Liquor may be purchased for consumers provided that such beverages are consumed on retail licensed premises in the presence of the purchaser. Such purchases shall not be excessive. All members of the manufacturing and wholesaler tiers participating in promotions authorized by this paragraph must hold an agent's permit or manufacturer's agent's permit.

  (4) Manufacturers and wholesalers may, as a social courtesy, provide liquor or other things of value to unlicensed persons who are not employed or affiliated with the holder of a retail license or permit.

(c) Gifts to Retailers. Manufacturers and wholesalers may furnish advertising specialties to retailers.

  (1) Advertising specialties are things designed to advertise or promote a specific product or brand. Such items may have a utilitarian function in addition to product promotion.

  (2) The total cost of all advertising specialties furnished to a retailer shall not exceed $101 per brand per calendar year. Dollar limitations may not be pooled to provide a retailer with advertising specialties in excess of the maximum permitted under this subsection.

(d) Service provided to retailer.

  (1) Manufactures and wholesalers may service and repair items furnished to retailers under the provisions of this rule.

  (2) Manufactures and wholesalers may furnish meeting rooms to retailers for purposes of product promotions. In no event shall anything be furnished to retailers except samples of the manufacturer's or wholesaler's product or food provided as a courtesy in accompaniment to such samples.

  (3) The holder of a wholesaler's, general class B wholesaler's, local class B wholesaler's permit, or the permit holder's agent, may furnish and install shanks, washers, hose and hose connections, tap rods, tap markers, and coil cleaning service necessary for the proper delivery and dispensing of wine.

(e) Gifts to Unlicensed Organizations. Manufacturers and wholesalers may donate money, liquor or other things of value to unlicensed civic, religious, or charitable organizations.

  (1) Liquor may only be given for consumption in wet areas.

  (2) Advertising of events sponsored by organizations receiving donations shall include promotion of the organization sponsor or cause in a manner at least equal to or greater than the advertising of the industry donor.

  (3) "Unlicensed" means not having a permit or license authorizing the sale or service of alcoholic beverages.


Source Note: The provisions of this §45.117 adopted to be effective January 2, 1998, 22 TexReg 12755; amended to be effective September 17, 1998, 23 TexReg 9340; amended to be effective January 2, 2000, 24 TexReg 11745; amended to be effective October 24, 2004, 29 TexReg 9674; amended to be effective August 21, 2011, 36 TexReg 5212

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