Section 105 - Beer Price Posting(a) The following definitions shall apply to beer price posting and to the information required as indicated on a schedule, and in sections 105, 105.1, and 105.2 of this Article: (1) "Competitive Price" means a change to an active price to meet lower filed competing price for the same package configuration, size, county, type of customer, and receiving method in a trade area. For purposes of this provision, "trade area" means a county or trading area within a county. A competitive price shall not be lower than the competitor's filed price. Competitive prices are effective pursuant to Business and Professions Code section 25002.(2) "Container Charge" means a refundable deposit that may be assessed for kegs.(3) "Customer" means another licensee that is purchasing beer from either a manufacturer, importer, or wholesaler.(4) "Delivered" means the delivery of purchased beer to a customer.(5) "Effective Date" means either immediately or on the tenth day following the submission of the schedule, pursuant to Business and Professions Code section 25002.(6) "FOB" means free on board and is to be used if a customer assumes liability at the seller's licensed premises.(7) "Importer" means an entity that imports beer from manufacturers outside California for resale to wholesalers within California.(8) "Line Item" means the combination of "manufacturer," "trade name," "product name," and "package configuration," together with the related price and other information recorded on the schedule.(9) "Manufacturer" means the actual manufacturer of the beer.(10) "Package Configuration" means the specific configuration of the package of beer that is sold as a unit, which may include packages that are also sold as separate units. If a package configuration is identified as containing a specified number of single, or loose, containers, then the package must be physically or stylistically different from a package configuration that comprises the same number of individual containers sold as a unit. For purposes of this provision, "single" or "loose" means that it is intended that the package will be separated at the retailer's licensed premises and sold to consumers as individual containers or in other combinations determined by the retailer.(11) "Posted By" means the licensee that actually establishes prices and posts the schedule.(12) "Price" means the price for the beer to be actually charged to a purchasing customer. Except as otherwise expressly authorized, the price shall include all charges, surcharges, fees, assessments, discounts, and California Redemption Value (CRV), but shall not include any refundable container charge that is separately identified on the schedule for any particular line item.(13) "Price Promotion" or "Price Promotion Program" means that a manufacturer or importer will reimburse a wholesaler for a portion of a reduction in price posted by the wholesaler for the sale of beer to retailers as authorized by section 105.2 of this Article.(14) "Prices To," for purposes of the field required within the online price posting system, means manufacturers, wholesalers, retailers, or customers located within a federal enclave.(15) "Product Name" means the common identification of the beer and shall be the same as the fanciful name identified on the certificate of label approval on file with the Alcohol and Tobacco Tax and Trade Bureau. If no fanciful name is listed on the certificate of label approval, the product name shall be the same as the trade name, or if no certificate of label approval is required to be filed then it shall have the same meaning as if a certificate of label approval was required. (i) If the "Trade Name" and the "Product Name" are identical, only the "Product Name" shall be included.(ii) If a line item is a package that contains different beers of more than one trade name or product name in a combination pack, for purposes of identification on the schedule the "product name" shall be the name given to the combination package.(16) "Promotional Item" means an additional item included in a package that is not beer, such as, for example, a glass.(17) "Receiving Method" means either FOB or delivered.(18) "Schedule" means the listing of beer prices as required by Chapter 12 of the Alcoholic Beverage Control Act, commencing with Business and Professions Code section 25000, and sections 105, 105.1 and 105.2 of this Article.(19) "Size" or "Product Size" means the volume of beer in each container and shall also include the type of container used. In the case of a bulk upload of price schedules, "Product Size" shall identify the volume in each container and "Container Type" shall identify the type of container used.(20) "Status" means that a particular line item is either active, inactive, or old.(21) "Trade Name" means the name of the beer and shall be the same as the brand name identified on the certificate of label approval on file with the Alcohol and Tobacco Tax and Trade Bureau, or if no certificate of label approval is required to be filed then it shall have the same meaning as if a certificate of label approval was required.(22) "Trading Area" means a specifically identified area within a county based upon natural geographical differences justifying different prices, as authorized by Business and Professions Code section 25000(a).(c) Schedules of prices for the sale of beer shall be filed only through the department's online price posting system.(d) Except as provided herein, and as authorized by section 105.2 of this Article, only one line item may be posted by the posting licensee for any single county. If different prices for a line item are permitted for different trading areas, the licensee shall identify the trading area within the schedule.(e) If a line item is discontinued or no longer offered for sale by the posting licensee, its status shall be identified as inactive by the posting licensee. This prohibition does not apply to line items that are not currently offered for sale due to being out of stock and which will be offered for sale once the line item is available. No line item may be sold unless its status is active.(f) Each manufacturer, importer, wholesaler, or certificate of compliance holder shall file a price schedule for each county in which their customers have their premises. If a customer has premises in multiple counties, prices must be posted for each county in which either the sale, or the delivery, or both the sale and delivery, of beer occurs. If the sale of beer occurs in one county and the delivery of such beer occurs in a different county, the price charged for the beer shall be the price posted for such beer for the county in which the delivery occurs. Prices need not be posted in counties in which a customer has premises but to which beer is neither sold nor delivered by the posting licensee.(g) All prices filed shall be for immediate delivery. Contract prices for future deliveries of beer and quantity discounts are prohibited.(h) A licensee may establish different trading areas within a county for sales to retailers based upon natural geographic differences justifying different prices. Upon request by the department, a licensee shall provide information necessary to justify the establishment of different trading areas due to natural geographical differences. (1) Natural geographical differences for purposes of establishing separate trade areas may include bodies of water, mountains, or deserts. They do not include manmade structures, barriers, or roads.Cal. Code Regs. Tit. 4, § 105
1. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). For prior history, see Registers 23, No. 5; 27, No. 5; 57, No. 15; 61, No. 17. Note: Authority cited: Sections 25006 and 25750, Business and Professions Code; Section 22, Article XX of the California Constitution. Reference: Section 25000, Business and Professions Code.
1. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). For prior history, see Registers 23, No. 5; 27, No. 5; 57, No. 15; 61, No. 17.
2. Repealer and new section and amendment of NOTE filed 10-17-2023; operative 10/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 42).