Conn. Agencies Regs. § 30-6-A29

Current through June 15, 2024
Section 30-6-A29 - Inducements to purchase; tie-in sales; solicitation
(a) No permittee in transactions with another permittee shall directly or indirectly offer, furnish, solicit or receive any free goods, discounts, gratuities, gifts, prizes, coupons, premiums, combination items, quantity prices, cash returns, loans, guarantees, inducements or special prices, or other inducements with the sale of alcoholic liquors.
(b) No permittee shall require any purchaser to accept additional liquors in order to make a purchase of any particular desired item.
(c) No direct consumer solicitation, in person or by mail, shall be directly or indirectly engaged in by any distiller, out-of-state shipper, manufacturer or wholesaler.
(d) No out-of-state shipper, manufacturer or wholesaler shall expend moneys directly or indirectly for the purpose of sales promotion and advertising and thereby give a rebate, kickback or discount by means of returning to permittees or proprietors a percentage of the total cost of merchandise purchased from such wholesaler in the nature of free drinks, sampling, advertising and other types of sales promotion.
(e) These provisions shall apply to transactions between all types of permittees, and are intended to prevent artificial stimulation of sales of liquor by any means.
(f) Notwithstanding any provisions of this section to the contrary, an out-of-state shipper or manufacturer licensee may offer to wholesaler licensees funds to be used for product promotion as permitted by federal law and in accordance with the following:
(1) There shall be no restrictions or obligations on the use of such funds, except that such funds shall be used for promotion of the product(s) identified;
(2) Funds shall be offered without discrimination in any manner among wholesalers authorized to distribute the products to be promoted, except that funds may be pro-rated among such wholesalers based upon population of their authorized geographic territory for the product(s) involved, as determined by the most recently completed decennial census; or based upon any other formula not prohibited by section 30-63 or 30-94 of the Connecticut General Statutes;
(3) Out-of-state shippers and manufacturers shall file with the department, at least thirty days before the distribution of funds, written notice listing the following:
(A) The total amount of funds to be distributed and the proposed date of distribution;
(B) The product(s) to be promoted and the wholesalers authorized to distribute such products;
(C) If funds are distributed based on population served, the population in the geographic territories of each wholesaler, and the eligible share of funds expressed as a percentage;
(D) If any other formula is used, a detailed exposition of such formula used; and
(E) The amount of promotional funds each is to receive.

Conn. Agencies Regs. § 30-6-A29

Effective February 9, 1989; Amended October 1, 2001