| (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.
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| 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 |
